TERMS & CONDITIONS
The conclusion of the contract between the Buyer and the Seller may take place in two ways.
Before placing the order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations. These negotiations should be conducted in writing and sent to the address of the Seller :
WHATEVER INTERNATIONAL LLC
8 The Green STE A, Dover
DE 19901 United States
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply.
1. Personal Data Administrator: WHATEVER INTERNATIONAL LLC; 8 The Green STE A, Dover; DE 19901 United States
2. Postal address - name and surname or name of the institution, located in the city (in the case of a city divided into streets: street, building number, apartment, or flat number; in the case of a city not divided into streets: city name and real estate number), zip code and town.
3. Complaint address: WHATEVER INTERNATIONAL LLC; 8 The Green STE A, Dover; DE 19901 United States
4. Delivery price list - the list of available types of delivery and their costs at www.thesundaymorningstrory.co/shipping
5. Contact details:WHATEVER INTERNATIONAL LLC; 8 The Green STE A, Dover; DE 19901 United States
6. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time, or activities.
7. Sensitive data - these are personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party, or union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, judgments on punishments and fines, as well as other judgments issued in court or administrative proceedings.
8. Delivery - the type of transport service along with the carrier and cost specification, listed in the delivery price list at thesundaymorningstory.co/shipping
9. Proof of purchase - an invoice, bill, or receipt issued by the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
10. Product card - a single subpage of the store containing information about a single product.
a. an adult natural person running a sole proprietorship, concluding an agreement with the Seller directly related to his business or professional activity and having a professional nature for him;
b. an organizational unit without legal personality but having the capacity to perform acts in law;
c. legal person.
12. Civil Code - the Civil Code Act of April 23, 1964, as amended.
13. Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
14. Consumer - an adult natural person with full legal capacity or an adult natural person running a sole proprietorship, agreeing with the Seller directly related to his business or professional activity, but not having a professional nature for him.
15. Cart - a list of products made of the products offered in the store based on the Buyer's choices.
16. The Buyer - both the Consumer and the Customer.
17. Place of issue of goods - postal address or collection point indicated in the order by the Buyer.
18. Moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
19. ODR internet platform - an EU website operating based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on the online system for resolving consumer disputes and amending Regulation (EC) No 2006/2004 and the Directive 2009/22 / EC and available at https://ec.europa.eu/consumers/odr/
20. Payment - method of payment for the subject of the contract and delivery at thesundaymorningstory.co/payments
21. Authorized entity - an entity authorized for the out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
23. Consumer law - the Act on Consumer Rights of May 30, 2014.
24. Product - the minimum and an indivisible number of items that may be the subject of the order, and which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
25. Subject of the contract - products, and delivery being the subject of the contract.
26. Subject of the service - subject of the contract.
27. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC and the Act on of May 10, 2018, on the protection of personal data.
28. Item - a movable item that may be or is the subject of the contract.
29. Store - website available at www.thesundaymorningstory.co, through which the Buyer may place an order.
30. Seller: WHATEVER INTERNATIONAL LLC; 8 The Green STE A, Dover; DE 19901 United States
31. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
32. Due date - the number of hours or working days specified on the product card.
33. Defect - both a physical defect and a legal defect.
34. Physical defect - non-compliance of the item sold with the contract, in particular, if the item:
a. it does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
b. has no properties that the Seller has provided to the Consumer,
c. is not suitable for which the Consumer informed the Seller after the contract, and the Seller did not raise any objections to such intended use;
d. has been delivered to the Consumer incomplete;
e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
f. it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark, or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller knew these assurances or, judging reasonably, could not know or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
35. Legal defect - a situation where the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority.
36. Order - the Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; the place of delivery of the goods, the Buyer's data, and aiming directly after the contract between the Buyer and the Seller.
§2 GENERAL CONDITIONS
• To use the Store, each Customer must read these Terms and Conditions and accept them.
• By placing an order, the Customer agrees to use the Store by the provisions hereof, in the version in force on the date of placing the order.
• If the Customer does not accept these Terms and Conditions, it is impossible for him/her to use the Store and purchase any Products offered by the Seller.
• All Products offered for sale are new and unused.
§3 CONTRACT OF SALE
Orders can be placed 24 hours a day.
The Customer concludes a Contract by placing an order on the Store’s website. The contract is concluded between the Customer and the Seller. These Terms and Conditions constitute a Model Contract.
The sales process consists of the following: (i) adding Products to the bag; (ii) proceeding to checkout; (iii) confirming the content of the order as placed; (iv) payment; (v) verifying the order; (vi) confirming the order for implementation (conclusion of the Contract); (vii) delivery.
To place an order and go through the order process:
Choose Products from the available offer, their colors, sizes, and quantity; On the Store’s website displaying a given Product, click “ADD TO BAG”; Click “PROCEED TO CHECKOUT”; Verify the list of ordered Products; Fill in the contact details; Choose a delivery method and accept its cost; Choose a payment method; Confirm your order by clicking “PLACE ORDER”.
Confirmation of order acceptance is the Seller’s decision. The Seller reserves the right to refuse to accept an order placed by the Customer, in particular, if:
The Customer has placed an order on the terms. The Customer’s contact details are incomplete or incorrect; Payment is not authorized in the electronic payment system selected when placing the order; payment has not been made within the required time limit; The Product is not available.
If the order is not accepted and its execution is refused, the Customer. In addition, the Customer will receive an e-mail from the Store informing them that the offer has not been accepted, a contract of sale has not been concluded and the order has been canceled.
The Store offers delivery by courier to the address provided by the Customer.
The order starts to be executed after the funds, paid by the Customer as to the price and shipping costs, are credited to the Seller’s bank account in the selected payment system, and the order is successfully verified by the Seller.
The Customer is informed about the cost of delivery of the Products in the ordering process. The Customer covers the cost of the Product’s delivery to the provided correspondence address.
Once an order is shipped the Customer will receive an email with all tracking details.
In exceptional cases, in particular, when there might be a delay in delivery of the Product, the time of order execution is additionally confirmed by an employee of the Store by e-mail or telephone.
Products are delivered by InPost ( Poland) and DHL / DPD / UPS ( EU & INTERNATIONAL) to the address indicated by the Customer in the order.
The estimated delivery time of international orders is 5-7 business days from the day following posting. The delivery time for orders delivered by an external company may be extended for reasons beyond the Seller’s control. The estimated delivery time of domestic orders is 1-2 business days from the day following posting.
Upon receiving the delivery by courier, the Customer should, in the presence of the delivering courier, carefully check the contents of the shipment, the condition of the outer packaging, and the condition of the ordered Product. If any damage is detected, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
§5 SALE, PRICE, PAYMENTS
The method of payment for Products is selected by the Customer when placing the order. The Store offers 2 (two) payment methods:
Electronic payment via Apple Pay; or Electronic payment via STRIPE.
The order’s processing begins after the Seller receives the payment for the Product and ends after the Customer receives the Product. Once the Product has been delivered, the risk associated with the Product (including loss or destruction) burdens the Customer.
The Store reserves the right to change the prices of Products in the Store, introduce new products for sale, carry out and cancel promotional campaigns on the Store’s websites, or make changes to the Civil Code and other applicable laws. These changes will not violate the rights of persons who have already concluded contracts of sale of the Products offered in the Store before the changes.
If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the Customer shall be obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
§6 RIGHT OF WITHDRAWAL
The Customer may withdraw from the Contract within 14 (fourteen) calendar days (counting from the day following the delivery of the order), subject to para. 2 below, without giving any reason, subject to para. 3-5 below.
For Poland only :
we are acting according to the law on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) "A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs and with reservation indicated below".
1. The right to withdraw from the Contract is granted to the consumer when purchasing Accessories, products for the home, or beauty items that Made-To-Order does not cover
2. The right of withdrawal from the Contract concluded by the Customer does not pertain to Contracts for a Product manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs.
Art. 38. The right to withdraw from a contract concluded outside the business premises or remotely is not available to the consumer about contracts:
1) for the provision of services, if the entrepreneur has fully provided the service with the express consent
of a consumer who was informed before the commencement of the service that after
the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
2. Products can be returned:
• By courier at the Customer’s expense to the following address which will be sent to the Customer via email • Returns from within the European Union: The Customer will be refunded by the Seller the equivalent of the Product purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (i.e. UPS courier) (the shipping cost originally incurred when the purchase and delivery of the Product from the Store to the Customer was made). For the avoidance of doubt, the Seller will not refund the cost of returning the Product to the Seller.• Returns from outside the European Union: The Customer will be refunded by the Seller the Product purchase price. The Seller does not refund the costs of the Product’s delivery to the Customer and its return to the Seller, as well as the costs associated with customs clearance incurred both when shipping and returning the Product.
3. The declaration of withdrawal from the contract must be submitted by the Consumer on the form, the specimen of which is in the RETURNS tab.
4. The Seller shall immediately confirm to the Consumer by e-mail (provided after the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before their expiry.
7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
8. The Seller shall refund the payment using the same payment method as used by the Consumer unless the Consumer has expressly agreed to a different payment method, which does not involve any costs for him.
9. The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
10. The consumer is not entitled to withdraw from the contract:
a.in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
b.in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
C. which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the packaging has been opened after delivery;
e.in the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
f.in which the subject of the service is sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
h. for the delivery of newspapers, periodicals, or magazines, except subscription contracts.
11. The Seller does not provide the possibility of submitting a declaration of withdrawal from the contract by electronic means.
1. The Seller, completely excludes liability to customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer and subsequent ones for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk was passed on to the Consumer.
4. If the item sold has a defect, the Consumer may:
a. submit a statement on the demand to lower the price;
b. submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect, however, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
5. The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller, while assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
6. The consumer may not withdraw from the contract if the defect is irrelevant.
7. If the item sold has a defect, the Consumer may also:
a. demand that the item be replaced with one that is free from defects;
b. demand that the defect be removed.
8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract.
10. If the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall after replacing it with a defect-free one or removing the defect but is obliged to bear some of the related costs exceeding the price of the item sold or may demand payment from the Seller. Part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-fulfillment of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place of delivery. in which the thing is. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 points 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
14. Within fourteen days, the Seller will respond to the statement requesting a price reduction, request to replace the item with a defect-free item, and request to remove the defect. The Seller will respond to any other Consumer's statement within thirty days.
Otherwise, it is considered that he considered the Consumer's statement or request justified.
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
16. The Consumer's claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer. If the subject of sale is a second-hand item, within one year from the moment the item is delivered to the Consumer.
17. If the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
18. Within the deadlines specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for the exercise of other warranty rights due to the Consumer starting to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
20. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, however, the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.
21. If due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by entering into the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible liability, and in particular may request reimbursement of the costs of concluding the contract, the costs of collection, transport, storage and insurance of goods, reimbursement of expenditure to the extent that they did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiry of any deadline for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
23. The Seller, provided that he is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, not later than within the time limit provided for by law.
2. The Personal Data Administrator processes the personal data of the Buyers based on consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
4. The consent of the Buyer to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the Buyer's order, the following personal data is collected:
a. postal address - necessary to issue a proof of purchase;
b. place of delivery of the item - necessary to address the parcel;
c. e-mail - necessary for communication-related to the implementation of the order;
d. telephone number - necessary in the case of selecting certain types of delivery.
§9 FINAL PROVISIONS
1. Nothing in these regulations is intended to infringe the Buyer's rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the T&C tab (www.thesundaymorningstory.co/termsandconditions ). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.
4. In the event any provision of these Terms and Conditions is considered invalid, the remaining provisions shall remain in force.
5. The Seller reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms are effective from the moment they are published on the Store’s website. Amendments to the Terms do not apply to orders placed by the Customer and executed by the Seller. The provisions of the Terms in force at the time of placing the order shall apply to accepted orders. Amendments to the Terms do not affect the Customers’ acquired rights.
6. The Store’s administrator takes measures to ensure that the Store’s website works properly, to the extent that it results from current technical know-how, and undertakes to remove immediately any irregularities reported by Customers. The Store is not responsible for business disruptions caused by Internet failures.
7. All photos, graphics, logos, publications, and texts available in the Store are protected by the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws 1994, No. 24, item 83). It is prohibited to unlawfully copy, multiply, or distribute any content posted on the Store’s website.
8. In matters not covered by these regulations, the applicable legal provisions shall apply. In disputes, the Consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform. The Seller declares his intention and agrees to an out-of-court resolution of a consumer dispute. As a last resort, the matter is resolved by the local and material court.