Terms of Use

ONLINE SHOP REGULATIONS

AGELXR.COM

TABLE OF CONTENTS: 

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
8. PROVISIONS CONCERNING ENTREPRENEURS
9. FINAL PROVISIONS
10. MODEL WITHDRAWAL FORM

The online shop www.agelxr.com takes care of consumer rights. The consumer cannot waive their rights granted in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1 The Online Shop available at the Internet address www.agelxr.com is run by Hermz Laboratories Ltd. with offices in London, England (office address and correspondence address: The Mille, 1000 Great West Road, TW8 9DW, Brentford, United Kingdom); registered in the business register for United Kingdom of England, Wales, Northern Ireland and Scotland run by Companies House under the number: 09636843; e-mail address: info@agelxr.com.

• United Kingdom VAT registration number GB238723393
• France VAT registration number FR35850867938
• Spain VAT registration number N6061137C
• Italy VAT registration number IT03811770043
• Germany VAT registration number DE323943681
• Poland VAT registration number PL5263252569
• Czech Republic VAT registration number CZ684846213

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1 The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – The use of Account is possible after completion of the three following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Create Account" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone 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. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: info@agelxr.com or in writing to: The Mille, 1000 Great West Road, TW8 9DW, Brentford, United Kingdom.

2.1.2    Order Form - using the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Confirm purchase" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. 

2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature, and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field “Sign up”. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: info@agelxr.com or in writing to the following address: The Mille, 1000 Great West Road, TW8 9DW, Brentford, United Kingdom. 

 

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1 The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations. 
3.2 The Product price shown on the Online Shop website is given in Euro (EUR) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract. 
3.3 The procedure of concluding a Sales Contract in the Online Shop using the Order Form.

3.4 The consolidation, security and access to the content of the Sales Contract concluded by the Customer is affected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1 The Seller provides the Customer with the following methods of payment under the Sales Contract: 

4.1.6.1. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the payment services. The support for electronic payments and credit card payments is provided by: 
4.1.6.1.1. PayU.pl – PayU S.A. company with a registered office in Poznań (registration address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital: 4.000.000 PLN fully paid, Tax ID: 779-23-08-495
4.1.6.1.2. Paypal.com - PayPal (Europe) S.a r.l. & Cie, S.C.A. company, 5. Floor 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.6.1.3. Sofort - Sofort GmbH company with a registered office in Theresienhöhe 12, 80339 Munich, Germany

4.2. Payment deadline:

 

5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT 

5.1 Product delivery is available in the territory of the European Union.

5.2 The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.

5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.4 The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:

 

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). 
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Shop website in the product complaint tab.
6.3 A complaint can be made by the Customer, for example:

6.4 It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
6.5. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
6.6. The customer who exercises their rights under the warranty is obliged to deliver the defective Product to the following address: Qlink sp zo.o., ul.Parzniewska 18 bud.2, 05-800 Pruszków, Poland, for example. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

7. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT 
7.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example: 

7.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the withdrawal from contract tab. The consumer can use the template form, but it is not obligatory.
7.3. The deadline for withdrawal from the contract begins:

7.3.1 For the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part; or (2) when it consists of regular delivery of Products for a definite period - from taking possession of the first Product;

7.4. In the event of withdrawal from a distant contract, the contract is considered null and void.
7.5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, to return all payments made by the consumer, the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not result in any extra costs. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
7.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Qlink sp zo.o., ul.Parzniewska 18 bud.2, 05-800 Pruszków, Poland.
7.7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and function of the Product.
7.8 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:

7.9. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:

8. PROVISIONS CONCERNING ENTREPRENEURS

8.1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
8.2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
8.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
8.4. Upon the release of the Product by the Seller to the carrier, all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.
8.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
8.6. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
8.7. In the case of the Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
8.8. The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of one thousand zlotys. The Service Provider/the Seller is liable towards the Service Recipient/the Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer who is not a consumer.
8.9. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.

9. FINAL PROVISIONS

9.1. The contracts concluded via the Online Shop are concluded in English.
9.2. Change of Regulations:

9.3. In matters not covered by these Regulations, generally applicable provisions of British law shall apply.
9.4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions that cannot be excluded by agreement.


 10. MODEL WITHDRAWAL FORM