Terms & Conditions
1. Scope
The following general terms and conditions apply exclusively to the business relationship between Red Lychee and the customer. Red Lychee sells its goods exclusively to end consumers and in quantities that are considered normal for an average household.
2. Prices
Prices in the Red Lychee Online Shop are always given in Euros and include VAT. The VAT rate and proportion is always shown on the invoice.
3. Concluding the contract
The presentation of goods in the Red Lychee Online shop only represents a non-binding appeal to order goods from Red Lychee.
By ordering from Red Lychee, the customer makes a binding offer to enter into a sales contract.
The offer is accepted by Red Lychee and the sales contract concluded only at the time of delivery of the ordered goods, which begins when the package is transferred to the courier. Red Lychee informs the customer by e-mail that the ordered goods have been transferred to the courier.
The automatically generated e-mail confirming receipt of the order does not constitute acceptance of the offer by Red Lychee, but merely documents the fact that Red Lychee has received the order.
If Red Lychee realises when processing an order that the ordered goods are unavailable, the customer shall be informed by e-mail.
4. Delivery
Red Lychee delivers to the order address provided by the customer. Goods can be delivered to the following countries in Europe: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and United Kingdom. Red Lychee shall fulfil the order within 30 days of the day after the customer places the order, unless a different delivery date has been agreed. Order won’t be shipped until the funds have cleared in Red Lychee account.
5. Warranty
5.1. Transfer of ownership
Ownership of the goods sold, including their accessories, is transferred to the customer only when the full price of the goods and any costs have been paid.
Before payment has been received, the customer is not permitted to dispose of the goods in any way (selling the goods, renting them out, pledging them…) or to make changes to the goods that reduce their value.
In the event of a pledge or notification of a payment order issued by a third party, the customer shall undertake to inform the seller immediately and to inform the third party of the reservation of ownership clause set out in these terms and conditions.
5.2. Appropriation of goods sold
5.2.1 All complaints regarding non-conformity or visible defects must be made to the seller by registered post, fax or e-mail within 3 (three) days of the delivery date at the latest. Please use the following contact details:
Email address:
Onlineshop@red-lychee.com
Postal address:
Red Lychee Online Shop
JKB Energo
ul. Piastowska 6/7
43-300 Bielsko-Biala
Poland
The relevance and exact nature of the alleged defect must be specified in detail so that Red Lychee can check the delivered goods.
If a complaint is not received within this period, the goods shall be deemed to have been accepted without reservation in accordance with the provisions set out in these terms and conditions.
5.2.2 If a non-conformity or visible defect is found, Red Lychee shall either replace or repair the goods in question or issue a refund in the form of a credit note for the invoiced amount.
5.3. Warranties and hidden defects
5.3.1 If the goods are found to contain a manufacturing defect or material defects that affect their intended use, Red Lychee shall replace the goods or item found to be defective within a reasonable period of time after the delivery date, excluding any other claim for damages.
5.3.2 This warranty takes effect on the date the goods were delivered.
5.3.3 This warranty is terminated by law if the owner changes the material or the goods, if the goods are used for a purpose other than that for which it was intended, if changes have been made to the goods without the consent of Red Lychee or if they have been repaired by a third party or the customer himself in the meantime.
In any case, the warranty shall expire by law two years after the date of delivery.
5.3.4 On penalty of forfeiting the warranty, the customer shall undertake to inform Red Lychee of any defect in writing immediately and no later than two months after the defect was discovered. The nature and scope of the defect must be described as accurately as possible and Red Lychee must be invited to check the defective goods.
5.3.5 This warranty covers the replacement of parts found to be defective, within normal, foreseeable and acceptable limits, and the adjustments necessary in connection with this replacement.
To that effect, this warranty does not cover repairs required as a result of the goods being used in a way that deviates from that described in the user instructions, incompetence or negligence on the part of the customer or a maintenance defect.
5.3.6 Red Lychee’s intervention under the guise of the warranty does not constitute an extension of the warranty, but represents an admission of liability on its part.
Equally, returning material to Red Lychee, with its prior consent, does not constitute recognition on its part of the defectiveness or non-conformity of the material that has been returned.
6. Right to cancellation
You have the right to cancel this contract within fourteen days without providing your reasons for this.
The cancellation period is fourteen days from the day you or a third party named by you, who is not the carrier, receive or received the goods.
To exercise your right to cancellation, you must inform us by email: onlineshop@red-lychee.com, clearly stating that you have chosen to cancel this contract. You may use the Cancellation Form.
You must send this notification about your wish to exercise your right to cancellation before the cancellation period ends in order for it to be considered valid.
Consequences of cancellation
When you cancel this contract, we will refund all payments that we have received from you, including original Standard Delivery costs (with the exception of additional costs arising where you have chosen a delivery method other than the standard delivery we offer), immediately and at the latest within fourteen days of the day we receive notification from you that you wish to cancel the contract. We shall refund these payments via the same method used for your original transaction. We can refuse to issue the refund until we receive the goods or until you provide evidence that you have returned them, whichever is earlier. Please note, also, that we will not refund the returning delivery charge. You must send the goods back to following address:
Red Lychee Online Shop
JKB Energo
ul. Piastowska 6/7
43-300 Bielsko-Biala
Poland
immediately and at the latest within fourteen days of the day on which you notify us that you wish to cancel the contract. We shall consider the deadline met if you send the goods before the fourteen day period expires. Please enclose a filled–up Red Lychee Return Form.
Cancellation Form
If you wish to cancel this contract, please fill out this form and return it by email to: onlineshop@red-lychee.com.
I/we (*) hereby cancel the contract that I/we (*) agreed for the purchase of the following goods:
Ordered on (*): …………………………………………../ Received on (*): ………………………………………………….
Customer name(s): …………………………………………………………………………
Customer address(es): …………………………………………………………………….
Customer signature(s) (only required if sending by post): ……………………………………………………………………………………………………………
Date: …………………………………………
*Please delete where inapplicable
7. Payment methods
The customer can pay the purchase price by Credit Card (Visa, MasterCard), PayPal Account, Gift Card or by Invoice (Bank Transfer).
When paying by credit card, the amount is debited when the goods are despatched. The customer is the cardholder. When paying by invoice, the delivery address, home address and billing address are the same. The purchase price is payable on receipt of the invoice. The customer shall pay the amount due within 14 days of receiving the invoice. Your order won’t be shipped until the funds have cleared in our account.
Red Lychee will review and evaluate the customer information including through the use of the data from the Red Lychee and individual payment types may be rejected if justified under the circumstances.
8. Reservation of ownership
All delivered goods shall remain the property of Red Lychee until full payment has been received.
9. Data protection
The customer’s personal data disclosed to Red Lychee within the scope of the business relationship is stored and, where appropriate, shared with affiliated companies for the purpose of processing the order. All data shall of course be treated confidentially.
Red Lychee uses the data to provide the customer with further information about new products (e-mail newsletter). If the customer does not wish to receive this information, he may state this when placing an order or may subsequently cancel the newsletter subscription at any time.
The data is not used or transferred for any other advertising purposes. Red Lychee always pays due regard to customer interests that are worthy of protection in each case.
10. Applicable law and jurisdiction
These general terms and conditions are governed by the laws of Poland, but excluding the Vienna Convention for the International Sale of Goods. The competent court in Poland shall have exclusive jurisdiction to settle any dispute in connection with these general terms and conditions without prejudice to the right of appeal and that of appeal to the Supreme Court.
11. Online platform for settling disputes in online retail
In the case of disputes between consumers and the company, extrajudicial arbitration procedures have proven to be successful. With the passing of directive 2013/11/EU regarding alternative dispute settlements in consumer affairs (the so-called ADR directive) as well as EU regulation no. 524/2013 regarding online dispute settlements in consumer affairs (the so-called ODR directive), the European Union ensures that consumers all over Europe can take advantage of extensive arbitration procedures.
