TERMS & CONDITIONS

REGULATIONS OF THE ONLINE SHOP – NEOCOUTURE.COM

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE SHOP
  3. TERMS AND CONDITIONS FOR ENTERING INTO THE SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR A PRODUCT
  5. COSTS, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
  6. COMPLAINTS
  7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM AN AGREEMENT (THIS REFERS TO AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014 ONWARDS)
  9. PROVISIONS REGARDING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL WITHDRAWAL FORM

The www.neocouture.com online shop cares for the rights of customers. The consumers may not waive the rights conferred on them in the Consumer Rights Act. Any provisions of the agreement, which are less favorable to the consumer, than those stipulated in the Consumer Rights Act are void, and corresponding provisions of the Consumer Rights Act shall be applied instead. Therefore, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted to them under mandatory legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible non-conformity between the provisions of these Terms and Conditions with the above regulations, the aforementioned regulations take priority and shall be applied.

  1. GENERAL PROVISIONS

1.1. The Online Shop available at www.neocouture.com is operated by Rocari Trading Limited with the registered office at 9 Vyzantiou Str. 3065 Limassol, Cyprus, entered into tax identification number CY10332224A, e-mail address: shop@neocouture.com.

1.2. These Terms and Conditions are intended both for consumers and entrepreneurs who use the Online Shop (except section 9 of the Terms and Conditions which is intended for the entrepreneurs exclusively).

1.3. The Service Provider is the administrator of the personal data processed in connection with the performance of the provisions of these Terms and Conditions. The personal data is processed for the purposes of, to an extent and on the basis of rules indicated in the privacy policy published on the Online Shop’s website. The submission of the personal data is voluntary. Each person whose personal data is processed by the Service Provider is entitled to view, update and amend their personal data.

1.4. Definitions:

1.4.1. WORKING DAY – a single day, from Monday to Friday, excluding public holidays.

1.4.2. REGISTRATION FORM – An electronic form available at the Online Shop which enables the creation of an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop which allows for the placement of an Order, especially through the addition of Products to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organisational unit without a legal personality, to which the legal capacity has been granted by the Act – which has entered or intends to enter into a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – The Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93 as amended).

1.4.6. ACCOUNT – Electronic Service, a collection of data in the ICT system of the Service Provider, annotated with an individual name (login) and password provided by the Service Recipient, which collects data provided by the Service Recipient and information regarding the Orders placed by them in the Online Shop.

1.4.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Recipients to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Shop.

1.4.8. PRODUCT – a movable item available at the Online Shop, being the subject of a Sales Agreement between the Customer and the Seller.

1.4.9. REGULATIONS – The present Online Shop regulations.

1.4.10. ONLINE SHOP – the Service Provider’s online shop available at the following internet address: www.neocouture.com.

1.4.11. SELLER; SERVICE PROVIDER – a business which operates under the business name: Rocari Trading Limited with the registered office at 9 Vyzantiou Str. 3065 Limassol, Cyprus, entered into tax identification number CY10332224A, e-mail address: shop@neocouture.com.

1.4.12. SALES AGREEMENT – a Product sales agreement concluded between the Customer and the Seller via the Online Shop.

1.4.13. ELECTRONIC SERVICE – a service rendered electronically to the Service Recipient by the Service Provider, via the Online Shop’s website.

1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.

1.4.15. CUSTOMER RIGHTS ACT, ACT – the Customer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827 as amended)

1.4.16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

  1. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The Online Shop provides access to the following Electronic Services: Account, Order Form and Newsletter.

2.1.1. Account – the use of the Account is possible after the Service Recipient takes the following three steps in total – (1) fills out the Registration Form, (2) Clicks the ”Create Account” field and (3) confirms the willingness to create the Account by clicking the confirmation link sent automatically to the provided e-mail address. The following Service Recipient data must be provided by the Service Recipient in the Registration Form: name and surname, address (street, house/flat number, postal code, town/city, country), e-mail address, contact phone number and password. In the case of Customers, who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.1.1. Account Electronic Service is provided free-of-charge for an indefinite period of time. The Service Recipient can, at any time and without giving any reasons, delete the Account (resign from using the Account) by sending a relevant request to the Service Provider, in particular, via electronic mail to the following e-mail address: shop@neocouture.com or in writing to the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus.

2.1.2. Order Form – the use of the Order Form begins when the first Product is added to the electronic shopping cart in the Online Shop by the Customer. The order is placed after the Customer takes the following two steps – (1) fills out the Order Form and (2) clicks the ”Confirm purchase” button on the Online Shop website after filling out the Order Form – until this moment it is possible to modify the entered data independently (to this end, it is necessary to follow the instructions and information available on the Online Shop website). The following Customer data must be provided in the Order Form by the Customer: name and surname (street, house/flat number, postal code, town/city, country), e-mail address and data regarding the Sales Agreement: Product/s, quantity of Products, Product shipping location and shipping mode, payment method. In the case of Customers, who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.2.1. The Order Form Electronic Service is provided free of charge. It is a one-off service concluded upon placement of an Order via the Form or when the placement of the Order is discontinued by the Service Recipient.

2.1.3. Newsletter – the subscription of the Newsletter is possible after the e-mail address to which the subsequent editions of the Newsletter are to be sent, is entered in the ”Newsletter” tab visible on the Online Shop website and after the ”Sign up” button is clicked. It is also possible to sign up for the Newsletter by clicking the right checkbox during the creation of the Account – as the Account is set up, the Services User is signed up for the Newsletter.

2.1.3.1. Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient can, at any time and without giving any reasons, unsubscribe from the Newsletter (cancel the Newsletter subscription) by sending a relevant request to the Service Provider, in particular via e-mail, to the following address: shop@neocouture.com or in writing to the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus.

2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a PC, laptop or other multimedia device with Internet access; (2) e-mail access; (3) web browser: Mozilla Firefox – version 17.0 or higher or Internet Explorer – version 10.0 or higher, Opera – version 12.0 or higher, Google Chrome – version 23.0 or higher, Safari – version 5.0 or higher (4) recommended minimum screen resolution: 1024×768.

2.3. The Service Recipient is required to use the Online Shop in accordance with the law and good customs, bearing in mind the respect for personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data which is true and accurate. The Service Recipient is also prohibited from providing content which is illegal in nature.

2.4. Complaint procedure:

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in section 6 of the Terms and Conditions) can be submitted by the Service Recipient, e.g.

2.4.2. in writing at the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus;

2.4.3. electronically, via email, at the following address: shop@neocouture.com;

2.4.4. The Service Recipient is recommended to provide the following details in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of the irregularity; (2) the Service Recipient’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with the omission of the recommended complaint description.

2.4.5. The Service Provider shall address the complaint immediately, no later than within 14 calendar days from the date of its submission.

  1. TERMS AND CONDITIONS FOR ENTERING INTO THE SALES AGREEMENT

3.1. The Sales Agreement between the Customer and the Seller shall be concluded after the prior placement of an Order by the Customer via the Order Form available in the Online Shop as per section 2.1.2 of the Terms and Conditions

3.2. The Product price visible on the Online Shop’s website is given in Polish zlotys and includes taxes. The Customer receives information about the total price of the ordered Product including all taxes, and also about the delivery costs (including fees for transport, delivery and postal services) and other costs, or about the obligation to cover those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sales Agreement.

3.3. The procedure for conclusion of the Sales Agreement at the Online Shop using the Order Form

3.3.1. The Sales Agreement between the Customer and Seller shall be concluded after the prior placement of an Order in the Online Store by the Customer as per section 2.1.2 of the Terms and Conditions.

3.3.2. Upon placement of the Order, the Seller shall promptly confirm its receipt and shall, at the same time, accept the Order for processing. The confirmation of receipt of the Order and its acceptance for processing shall take place by way of a relevant message sent to the Customer by the Seller, using the e-mail address provided by the Customer, containing as a minimum the Seller’s statement regarding the receipt of the Order and its acceptance for processing, as well as confirmation of the Sales Agreement conclusion. Upon the receipt of such a message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place by (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the message referred to in section 3.3.2 of the Terms and Conditions to the Customer. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Shop ICT system.

  1. METHODS AND TERMS OF PAYMENT FOR A PRODUCT

4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:

4.1.1. Payment by cash in the case of personal collection.

4.1.2. Payment transfer to the Seller’s bank account.

4.1.2.1. Bank XYZ

4.1.2.2. Bank account number: XYZ XYZ XYZ XYZ XYZ

4.1.3. Online payments and payments by credit or debit card are possible via PayPal.com – the list of possible payment methods can be seen in the information tab on the Online Shop website as well as at https://www.paypal.com/.

4.1.3.1. Settlements of electronic and pay card payment transactions are carried out in accordance with the Customer’s choice via the PayPal.com service. The servicing of online and pay card payments is handled by:

4.1.3.1.1. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.

4.2. Payment term:

4.2.1. If the Customer chooses the mode of payment in the form of a money transfer, online payment or pay card payment, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses to pay by cash at personal collection, the Customer is obliged to make the payment upon receipt of the shipment.

  1. COSTS, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. The Product delivery is available in the territory of EU.

5.2. The Product is delivered to the Customer for a payment unless the Sales Agreement provides otherwise. The costs of the Product delivery (including transport charges, delivery as well as postal services) are given to the Customer on the online shop’s website in the tab devoted to “Delivery Costs” and also whilst placing the order and expressing the will to conclude the Sales Agreement by the Customer.

5.3. Personal collection of a Product by the Customer is free of charge.

5.4. The Seller offers the following Product delivery or receipt methods to the Customer:

5.4.1. Courier shipment.

5.4.2. Personal collection available at the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus – on Working Days between 10:00 and 18:00 and on Saturdays between 10:00 and 14:00 (excluding public holidays).

5.5. The time of delivery of the Product to the Customer is up to 14 Working Days, unless a shorter period was indicated in the description of a given Product or while placing an Order. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 14 Working Days. The starting point for the delivery of the Product to the Customer shall be calculated as follows:

5.5.1. If the Customer chooses the mode of payment in the form of a money transfer, an online payment or pay card payment – from the crediting date of the Seller’s bank account or settlement account.

5.6. Date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 14 Working Days, unless, a shorter period was indicated in the description of a given Product or while placing an Order. In the case of Products with different times of readiness for collection, the deadline for readiness for collection shall be the longest time given which may not exceed 14 Working Days. The Seller shall additionally notify the Customer of the readiness of the Product for collection. The starting point for the readiness of the Product for collection by the Customer shall be calculated as follows:

5.6.1. If the Customer chooses the mode of payment in the form of a money transfer, an online payment or a pay card payment – from the crediting date of the Seller’s bank account or settlement account.

5.6.2. If the Customer chooses to make the payment by cash at personal collection – from the date of conclusion of the Sales Agreement.

  1. COMPLAINTS

6.1. The basis and extent of Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code. For Sales Agreements concluded until 24 December 2014, the basis and extent of the Seller’s liability towards the Customer being a natural person, who purchases the Product for purposes unrelated to a professional or commercial activity, for non-compliance of the Product with the Sales Agreement are laid down by the generally applicable laws, particularly, the Act on the special conditions of consumer sales and on the amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176 as amended).

6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s product liability and the Customer’s rights is provided on the Online Shop’s website, under the “Product Complaint” tab.

6.3. A complaint can be submitted by the Customer in the following ways:

6.3.1. in writing, to the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus;

6.3.2. in electronic form via e-mail, to the following address: shop@neocouture.com;

6.4. It is recommended that the Customer provide the following details in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular, the type and date of occurrence of the defect; (2) a request regarding the method of bringing the Product to a state compliant with the Sales Agreement, or the statement regarding the price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact details – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and they do not influence the effectiveness of processing of complaints filed with the omission of the recommended complaint description.

6.5. The Seller shall address the complaint immediately, no later than within 14 calendar days from the date of its submission. If the Seller does not respond to the complaint within the aforementioned period, it means that the Seller has deemed the complaint justified.

6.6. The Customer who exercises the rights under the warranty shall be obliged to deliver the defective Product at the expense of the Seller to the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by the Customer was extremely difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

  1. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the registered seats and on the websites of the district (municipal) consumer ombudsmen, social organisations, whose statutory tasks comprise consumer protection, Provincial Inspectorates of Trade Inspection and on the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. A consumer has the following options to use extrajudicial methods of handling complaints and pursuing claims:

7.2.1. The Customer is entitled to apply to the permanent consumers’ court of conciliation, referred to in article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25 as amended), for the settlement of a dispute arising from the concluded Sales Agreement. The regulations for the organisation and the activities of the permanent consumers’ court of conciliation shall be determined by the Ordinance of the Minister of Justice of 25 September 2001 on determination of the regulations of the organisation and the operation of the permanent consumers’ courts of conciliation (Journal of Laws of 2001, No. 113, item 1214).

7.2.2. The Customer is entitled to apply to the provincial inspector of trade inspection pursuant to art. 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 No. 4, item 25 as amended) for the institution of the mediation proceedings regarding the amicable termination of the dispute between the Customer and the Seller. The information about the rules and mode of procedure for the mediation conducted by the provincial inspector of Trade Inspection is available at the registered seats and the on the websites of the respective Provincial Inspectorates of Trade Inspection.

7.2.3. The Customer may receive free-of-charge help in the settlement of a dispute between the Customer and the Seller, using the free-of-charge support of a district (municipal) customer ombudsman or a social organisation whose statutory tasks include consumer protection (among others: Federation of Consumers, Association of Polish Consumers). Advice is given by the Federation of Consumers at the following e-mail address: porady@dlakonsumentow.pl and by the Association of Polish Consumers at the free-of-charge consumer hotline number: 800 889 866.

7.3.The platform for the online settlement of disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http//ec.europa.eu/consumers/odr. The ODR Platform constitutes an integral and multi-lingual website with the comprehensive service point for consumers and entrepreneurs who strive for the extrajudicial settlement of cases regarding the contractual obligations that arise from the online sales agreement or agreement for rendering services.

  1. RIGHT TO WITHDRAW FROM THE AGREEMENT (THIS REFERS TO AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014 ONWARDS)

8.1. The Customer who has entered into a remote agreement may withdraw from such an agreement within 14 calendar days without giving any reasons and incurring any costs, except the costs stipulated in section 8.8 of the Terms and Conditions. In order to meet the aforementioned deadline, it is sufficient to send a statement of withdrawal before its expiry. The statement of withdrawal from the agreement may be submitted, e.g.:

8.1.1. in writing, to the following address: 9 Vyzantiou Str. 3065 Limassol, Cyprus;

8.1.2. in the electronic form, via an e-mail sent to the following address: shop@neocouture.com;

8.2. The model agreement withdrawal form is included in appendix 2 to the Consumer Rights Act, and is also additionally available in section 11 of the Terms and Conditions and on the Online Shop’s website in the tab devoted to the withdrawal from the agreement. The Consumer may use the model form, however it is not obligatory.

8.3. The deadline for withdrawal from the Agreement begins:

8.3.1. for agreements, in the performance of which the Seller issues the Product under an obligation to transfer its ownership (e.g. Sales Agreement) – from the date of the Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses many Products delivered separately, in batches or in parts – from the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products for a definite period – from the date of the first Product’s ownership acquisition;

8.3.2. for other agreements – from the date of conclusion of the Agreement.

8.4. In the event of withdrawal from the remote agreement, the agreement shall be deemed null and void.

8.5. The Seller shall, without delay, no later than within 14 calendar days of the date of receipt of the Consumer’s statement of withdrawal from the agreement, refund all payments made by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Shop). The Seller shall make the aforementioned refund using the same method of payment as the one used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may refrain from the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.

8.6. The Consumer shall, without delay, no later than within 14 calendar days following the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorised by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the aforementioned deadline, it is sufficient to send the Product back before the deadline expires. The consumer may return the Product using the following the address: 9 Vyzantiou Str. 3065 Limassol, Cyprus.

8.7. The Consumer shall be liable for the deterioration of the Product’s value as a result of its use in a manner which is beyond the scope necessary to determine the Product’s nature, features and functioning.

8.8. The possible costs associated with the Consumer’s withdrawal from the agreement, which the Customer is obliged to incur:

8.8.1. If the Consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Shop, the Seller is not obliged to refund any additional costs incurred due to this fact by the Consumer.

8.8.2. The Consumer shall bear the direct costs of the Product return.

8.8.3. In the event of a Product which constitutes a service whose provision commenced – at the express request of the Consumer – before the agreement withdrawal deadline, the Consumer who exercises their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculation of the said amount is the market value of services rendered.

8.9. The right to withdraw from an agreement concluded remotely shall not apply in the case of:

8.9.1. (1) agreements on rendering services, if the Seller has fully complete the service at the express consent of the consumer, who was informed prior to the commencement of the services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s individual needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected with other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon at the moment of conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders services other than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in a sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of a public auction (12) agreements for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital contents, which are not recorded on a physical carrier, if the provision of the services was commenced with the express consent of the Consumer before the expiry of the agreement withdrawal terms and upon notification of the Consumer by the Seller of the loss of rights to withdraw from the agreement.

  1. PROVISIONS REGARDING ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained herein relate exclusively to Customers and Service Recipients who are not consumers.

9.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Agreement in such an instance may take place without providing any reasons for doing so and does not entitle the Customer who is not a consumer to any claims towards the Seller.

9.3.In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, and require a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.

9.4. Upon the Seller’s issue of a Product to the carrier, the benefits and burdens associated with the Product and risk of accidental loss of or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case the Seller shall neither be liable for the full or partial loss of, or damage to the Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in the transport of the shipment.

9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss of or damage to the Product occurred during transport, the Customer is obliged to take all actions necessary to determine the liability of the carrier.

9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability towards the Customer who is not a consumer, under the Product warranty, shall be excluded.

9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate an Agreement for Rendering Electronic Services with immediate effect and without giving any reasons for doing so, by way of sending of a relevant statement to the Service Recipient.

9.8. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited – both within a single claim, as well as for all claims in total – to the amount of the price paid and the cost of delivery in respect of the Sales Agreement, however, to no more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be liable towards the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement, and shall not be held liable towards the Service Recipient/Customer who is not a consumer for any lost profits.

9.9. Any disputes arising between the Seller / Service Provider and the Service Recipient/Client who is not a consumer shall be settled by a court of competent jurisdiction over the Seller’s / Service Provider’s business seat.

  1. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are drawn up in English.

10.2. Amendment of the Terms and Conditions:

10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to important reasons, i.e. a change in the legal regulations; a change in the methods of payment and delivery – insofar as such changes influence the performance of the provisions of these Terms and Conditions.

10.2.2. In the event of the conclusion of continuous agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service Recipient, provided that the requirements of articles 384 and 384[1] of the Civil Code are met, i.e. the Service Recipient has been properly notified of the amendments and has not terminated the agreement within 14 calendar days of the date of notification. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase in the current ones, the Service Recipient who is a consumer is entitled to withdraw from the agreement.

10.2.3. In the case of conclusion of agreements other than those of continuous nature, based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by Service Recipients/Customers, who are consumers, before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions shall not affect the Orders which are pending or already placed and Sales Agreements which have been concluded, are in progress or have been performed.

10.3. In matters which are not covered by these Terms and Conditions, the commonly applicable regulations of the Polish law shall apply, in particular: the Civil Code; Act on Rendering of Electronic Services of 18 July 2002 (Journal of Laws of 2002 no. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – provisions of the Act on the Protection of Certain Consumer Rights and Hazardous Product Liability of 2 March 2000 (Journal of Laws of 2000 no. 22, item. 271 as amended), and the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002 no. 141, item 1176 as amended); for Sales agreements concluded after 25 December 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014 item 827 as amended); as well as other relevant provisions of the commonly applicable law.

  1. MODEL WITHDRAWAL FORM (APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form (This form must be completed and returned only if you wish to withdraw from the agreement)

– Addressee:

Rocari Trading Limited

9 Vyzantiou Str. 3065 Limassol, Cyprus

neocouture.com

shop@neocouture.com

I/We (*) hereby inform about my/our withdrawal from the sales agreement regarding the following items (*) agreement for the supply of the following items(*) contract for specific task consisting in the making of the following items(*)/provision of the following services(*)

– Date of conclusion of the Agreement (*)/receipt(*)

– Name of the Consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent as a letter)

– Date

(*) Delete as appropriate.