Terms of service

TERMS AND CONDITIONS OF SALE - DROPSHIPPING

§ 1 Definitions 

The terms used in the Regulations mean:

1. Price - payment due from the Customer to the Supplier under the concluded Sales Agreement, transferred through the intermediary of the Broker.

2. Personal data - any information relating to an identified or identifiable natural person within the meaning of art. 6 of the Personal Data Protection Act.

3. Supplier - an entity that is a party to the Contract for the sale of the Goods presented in the Internet Offer concluded with the Customer, obliged to deliver the Goods to the Customer along with the bill.

4. Dropshipping - a logistic model of sales via the Internet Offer consisting in transferring the process of shipping the Goods to the Supplier. The role of the Broker in this logistic model is reduced to collecting Orders and sending them to the Supplier who carries out the shipment of the Goods to the Customer. In addition, the Broker collects the receivables and transfers them to the Supplier's bank account under the name of the Customer, with the retention of the Commission due. The broker is not a party to the Sales Agreement concluded by the Customer.

5. Customer - a natural person with full legal capacity, acting as a consumer within the meaning of Art. 221 of the Civil Code, which, as part of the Internet Offer, obliges the Broker to send the Order to conclude a Sales Agreement with the Supplier.

6. Civil Code - the Act of April 23, 1964, the Civil Code (ie Journal of Laws of 2016, item 380, as amended).

7. Internet offer - each offer related to a given Good, managed by the Broker through the 99dolls.com store, aimed at associating the Customer with the Supplier on the basis of Dropshipping.

8. Third country - a country outside the territory of the European Union ("territory of a third country" within the meaning of Article 2 point 5 of the VAT Act).

9. EU country - a country from the "territory of the European Union" within the meaning of Art. 2 point 3 of the VAT Act.

10. Broker - an entrepreneur managing the 99dolls.com online store, acting as an intermediary in the Sales Agreement on the terms of Dropshipping. Company data: Grupa Portalowa Bartosz Kaczmarek. ul. St. Wawrzyńca 7. 62-045 Pniewy. NIP 7871974559

11. Commission - remuneration from the Clients due to the Broker for the transfer of the Order to the Supplier. The commission is due only in the event of the conclusion of the Sales Agreement between the Customer and the Supplier and is included in the final price of the Goods.

12. Regulations - these Regulations for the provision of electronic services.

13. Regulation No. 1186/2009 - Council Regulation (EC) No. 1186/2009 of November 16, 2009 establishing a Community system of customs duty relief (Official Journal of the European Union of 2009 No. 324 p. 23).

14. Goods - owned by the Supplier, movables presented in the Internet Offer.

15. Dropshipping Agreement - a contract for the provision of Dropshipping services concluded between the Broker and the Customer. 16. Sales contract - a contract for the sale of Goods within the meaning of art. 535 of the Civil Code, concluded between the Supplier as the seller and the Customer as the buyer.

17. Act on the Protection of Personal Data - the Act of August 29, 1997 on the Protection of Personal Data (i.e. Journal of Laws of 2016, item 922, as amended). Page 2 of 6

18 Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

19. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2016, item 1030, as amended).

20. VAT Act - the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2016, item 710, as amended).

21. Order - the Customer's declaration of will provided by the Supplier's Broker, containing in particular information on the quantity of the Goods and the place of delivery, and other data enabling the conclusion of the Sales Agreement between the Customer and the Supplier.

§ 2 General provisions

1. Before participating in the Internet Offer, please read the provisions of these Regulations. Participation in the Internet Offer means:

a.acceptance of the provisions of the Regulations;

b. the Customer's consent to the processing of personal data to the extent necessary for the handling and implementation of the Order and the performance of rights and obligations in connection with the concluded or future Sales Agreement, in accordance with the Act on the Protection of Personal Data;

c. the Customer's consent to the implementation of the Dropshipping Agreement by the Intermediary.

At the same time, the Broker informs that after fulfilling the Dropshipping Agreement, the Customer loses the right to withdraw from the Dropshipping Agreement under art. 38 point 1 of the Act on consumer rights.

2. The offer is addressed to natural persons performing legal transactions not directly related to their business or professional activity, and therefore acting as a consumer within the meaning of Art. 221 of the Civil Code.

3. The broker is not a party to the Sales Agreement concluded by the Customer. The broker offers a brokerage service in the purchase of the Goods based on the Dropshipping model and provides assistance in its implementation, in particular by transferring the Order to the Supplier and transferring the Price on behalf of the Customer.

4. The Supplier is solely responsible for the correct delivery of the Goods.

5. All information contained in the Internet Offer, relating to the Goods (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract with the Supplier within the meaning of Art. 71 of the Civil Code.

6. The conclusion of the Sales Agreement and the effective execution of the Order is possible only if the Product selected by the Customer is available in the Supplier's warehouse. In the event of non-compliance of the information provided in the content of the Internet Offer with the actual stock of the Supplier, the Customer is informed of this fact and has the option of changing the Order in whole or in part.

7. If the conclusion of the Sales Agreement is impossible due to the lack of the Goods covered by the Order, the Supplier reserves the right to withdraw from the Sales Agreement in whole or in part, and the Order is canceled in whole or in part, about which the Customer will receive information by e-mail, to the specified by him e-mail adress. The payment made by the Customer for the ordered Goods, which could not be delivered, will be refunded by the Supplier immediately after the Customer has been effectively informed about the impossibility of completing the Order.

8. The photos placed in a given Internet Offer are for information purposes. Slight differences in the actual color and the color shown in the photo may also result from differences in the Customer's monitor settings.

9. The Client shall not be entitled to any claims against the Broker related to the concluded or future Sale Agreement. The party to the Sales Agreement is the Supplier. However, the intermediary provides the Customer, as far as possible, with the necessary assistance both in terms of the complaint of the Goods submitted to the Supplier and the Customer's declaration of withdrawal from the Sales Agreement. This assistance consists in particular in the possibility for the Customer to submit a complaint directly to the e-mail address of the Broker (§ 7 of the Regulations) and a declaration of withdrawal from the Sales Agreement (§ 6 of the Regulations), which will then be forwarded to the Supplier.

10. The intermediary is liable to the Customer for non-performance or improper performance of the obligation to transfer the Order to the Supplier and to transfer to the Supplier the amounts paid by the Customer under the Sales Agreement, in particular the Price.

11. The proprietary and personal copyrights to descriptions and photos that make up the presentation of the Goods are only entitled to the Supplier. The Supplier granted the Broker a non-exclusive license to use the photos and descriptions of the Goods, releasing him from any liability towards third parties for infringement of copyright in relation to the photos and descriptions of the Goods in question. All claims in this regard should be directed to the Supplier.

§ 3 Placing Orders 

1. The implementation of the Intermediary's service for the transfer of the content of the Order to the Supplier is initiated by the Customer by placing an Order in the store.

2. Placing an Order is possible 24 hours a day, on all days of the week.

3. Placing an Order requires providing data enabling the Supplier to deliver the goods and other information required to perform the order. These data include in particular: name and surname of a natural person, postal code, city, street, building number, apartment or flat number, voivodeship, mobile phone number, e-mail address, and possibly other data necessary for the correct delivery of the parcel.

§ 4 Payments - Prices

1. The broker acts as an intermediary in the transfer of the Price and possibly other receivables under the Sales Agreement due to the Supplier from the Customer.

2. All the Prices of the Goods placed on the given Internet Offers are given in the Polish currency and are total prices, in particular they include information on delivery costs. Shipping costs are included in the Price.

3. The price given for each Product is binding for the Supplier from the moment of payment for the order.

4. The following payment methods are allowed: 

Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro

And fast Online payments provided by Blue Media SA and DotPay 

5. Failure to recognize the amount due for the Price on the Intermediary's account within 7 (say: seven) days from placing the Order, will release the Intermediary from the obligation to transfer the content of the Order to the Supplier (cancellation of the Order)

6. The entity providing online payment services is Blue Media SA

7. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.

8. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

§5 Execution of Orders 

1. Provided that the Customer pays the entire Price, the Broker transfers the Order to the Supplier for its implementation, in particular for sending the Goods to the place indicated by the Customer. The broker also transfers the Price for the Goods due to the Supplier on behalf of the Customer.

2. The Broker undertakes to provide the Supplier with the Order and the Price within 7 (say: seven) working days from the date of payment of the Price by the Customer, and the Supplier undertakes to send the Goods within 7 (say: seven) working days from the date of receipt of the Price from the Broker. . The Goods should be delivered to the Customer within 15 (say: fifteen) and 45 (say: forty-five) business days from the date of receipt of the Price by the Supplier, but not later than within 60 (say: sixty) business days.

3. After 60 (in words: sixty) working days from the date of receipt of the Price by the Supplier, the package with the Goods is deemed to have been lost. In this case, the Supplier returns the Price to the Customer or sends a new Product again.      

4. When collecting the Goods, the Customer should check the condition of the shipment. In the event of damage or tampering with the packaging, a damage report should be prepared in the presence of the sender, which, together with any complaint, should be immediately sent to the Agent.

§ 6 Right to withdraw from the contract

1. The intermediary informs on behalf of the Supplier that each Customer who is a consumer within the meaning of Art. 221 of the Civil Code, you have the right to withdraw from the concluded Sales Agreement, within 14 (say: fourteen) days, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 sec. 2 and art. 35 of the Act on consumer rights (costs of returning the goods).

2. The Customer may withdraw from the Sales Agreement (concluded remotely or outside the company's premises) by submitting to the Supplier - via an Agent - a declaration of withdrawal from the Sales Agreement. The declaration of withdrawal should be sent by e-mail, with emphasis in the title of the e-mail of the Order number to the e-mail address provided in the contact tab.

3. After the Customer submits a declaration of withdrawal from the Sales Agreement, the Broker immediately informs the Customer about the date, method and address to which the Customer is to send the Goods.

4. The Supplier is obliged to return to the Customer the payments made by him for the Goods no later than 14 (say: fourteen) days from the date of receipt of the Goods returned by the Customer. The Supplier shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.

5. The rights referred to in § 6 sec. 1-4 of the Regulations apply to Sales Agreements concluded by the Customer with a Supplier based in an EU country. The provisions of the law applicable to the Supplier's seat, which may differ from the provisions in force in EU countries, apply to Sales contracts concluded by the Customer with the Supplier established in a third country.    

6. Due to the fact that the Intermediary has obtained an explicit consent from the Customer to conclude the Dropshipping Agreement (yes, § 2 (1) (c) of the Regulations) and prior to the commencement of the provision by the Intermediary, the Customer was informed that after the performance of the service he would lose the right to withdraw. 6 from the Dropshipping Agreement, the Customer under art. 38 item 1 of the Consumer Rights Act, there is no right to withdraw from the Dropshipping Agreement.

§ 7 Complaints about the Goods

1. The Supplier is liable under the warranty if a physical defect of the Good is found before the expiry of two years, and this is under the terms of Art. 556-576 of the Civil Code, taking into account any changes to the law in this regard.

2. Complaints arising from the violation of the legally guaranteed rights of the Customer should be sent to the Agent's e-mail address provided in the contact tab or assigned to the skora24_pl account on the allegro.pl website. The intermediary undertakes to provide free assistance to the Customer in forwarding the complaint to the Supplier. Complaints are considered within the time limits provided for in the relevant legal provisions.

3. The right referred to in § 7 sec. 1 of the Regulations applies to Sales Agreements concluded by the Customer with a Supplier established in an EU country. The provisions of the law applicable to the Supplier's seat, which may differ from the provisions in force in EU countries, apply to Sales contracts concluded by the Customer with the Supplier established in a third country.    

§ 8 Complaints regarding the provision of electronic services 

1. The Intermediary shall take steps to ensure the correct operation of each Internet Offer, to the extent that results from the current technical knowledge and undertakes to remedy any irregularities reported by the Customers within a reasonable time.

2. The Client is obliged to immediately notify about any irregularities or interruptions in the functioning of a given Internet Offer.

3. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of the irregularity.

4. The intermediary undertakes to consider each complaint within 14 (say: fourteen) days, and if it was not possible, to inform the Customer before that date when the complaint will be considered.

§ 9 Duties and Taxes

1. If the Goods purchased from the Supplier via the Internet Offer are sent from a third country, they may be subject to additional customs duties, excise duties or other taxes as imported Goods (in particular, tax on goods and services or the same). The prices of the Goods do not include the relevant possible taxes or duties, the payment of which shall be borne by the Customer.

2.The amount of any relevant duties or taxes may depend on the actual (market) value of the Goods (without rebates, discounts and promotions), the actual value of the shipment (excluding discounts, rebates and promotions) and the cost of shipping insurance - and not the amounts paid by the Customer as the Price.

3. The issue of duty exemptions is regulated in particular by Regulation No. 1186/2009. Page 6 of 6

4. In particular, pursuant to Art. 23 of Regulation No. 1186/2009, shipments containing low-value goods shipped directly from a third country to a recipient located in the Community are exempt from import duties. Low-value goods means goods whose actual value does not exceed EUR 150 per shipment. The exemption does not apply to: alcoholic products; perfumes and toilet waters; tobacco and tobacco products.

5. Pursuant to Art. 51 of the VAT Act, the import of goods placed in shipments sent from the territory of a third country directly to the recipient residing in the territory of the country is exempt from tax, provided that the total value of the goods in the shipment does not exceed the amount expressed in PLN corresponding to the equivalent of EUR 22.

§ 10 Final provisions

1. These regulations shall enter into force on August 24, 2020.

2. In all matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply.

3. Any disputes related to the Dropshipping Agreement will be settled by the competent Polish common courts.