1. Terms and definitions
1.1. The terms in the singular or in the plural used herein shall not entail distortion of their meanings specified below.
1.3. Site shall mean the website assigned qwintry.store domain names including subdomain names which provides services for sale and paid international delivery of Goods.
1.4. Site Use shall mean the use by the Buyer of some services or total services provided by the Site.
1.5. Goods shall mean goods offered at the Site for sale.
1.6. Order shall mean Goods selected and paid by the Buyer through the webstore.
1.7. Seller shall mean Qwintry LLC, a legal entity incorporated and existing in accordance with the laws of the USA under number 128160, which sells Goods to individuals online and delivers Order under business licenses received by it to perform such activities.
1.8. Buyer shall mean an individual who buys Goods online. If any other person is stated as an actual recipient of Goods bought by the Buyer, the Goods will be deemed to be delivered to the Buyer. Relations between such actual recipient and Buyer are not regulated by these Terms.
1.9. Parcel shall mean postal items/express mail items comprising the Goods bought by the Buyer at Qwintry Store and dispatched to the Recipient.
2.1. These Terms govern the procedure and conditions for sale and delivery of Goods to the Buyer.
2.2. The Terms constitute an offer and consist of the text itself and other components, provisions and regulations available on the Site including those links to which contain these Terms and can be accepted by the Buyer as a whole without any exceptions and with all regulations, policies, procedures and scripts unless expressly agreed otherwise.
2.3. The Buyer shall carefully read the Terms before the Goods are purchased. By purchasing the Goods and/or signing up with the Site and/or transferring personal data to use Qwintry Store, the Buyer accepts the Terms through the acceptance of this offer.
2.4. The Seller retains the right to update, modify, enhance, supplement, reduce, transform, and otherwise improve these Terms and services at any time. By continuing to purchase the Goods the Buyer accepts modified Terms. Updated Terms and description of services are available on the Site for review.
2.5. The Seller reserves the right to refuse the Buyer the use of the Site and/or its services without giving any reason. If refused, the account of the Buyer shall be cancelled and balance on the account refunded to the Buyer in accordance with the refund procedure stipulated herein.
3.2. By signing up with the Site the Buyer accepts the Terms and confirms that he/she uses his/her complete personal data, has reached majority required by the applicable law to use the Site, is not a legally disqualified person which would hinder him/her from using the Site, bears the liability for his/her actions provided by the law.
3.3. The Seller retains the right to request additional documents confirming the User’s identity and legal validity of using the credit card. This measure is elective and, in particular, may be aimed at prevention of fraudulent actions with credit cards.
3.4. By specifying on the Site his/her contact (mobile) phone number and e-mail as a part of the credentials, the Buyer confirms that such phone number and e-mail are the communication channels enabling to reliably ascertain that legally relevant documents or messages sent therefrom or thereto by e-mail, SMS, through such messengers as WhatsApp, Viber, Telegram, have been sent by or to the Buyer accordingly. Such a document or message sent to the Buyer shall be deemed received on the next calendar day after sending thereof unless the User’s messages provide for a confirmation of earlier receipt thereof.
3.5. All actions taken with the use of the Buyer’s credentials on the Site are considered by the Seller as actions taken by the Buyer. The Buyer bears risks of negligence when preserving his/her details (login, password) to access the Site and/or preventing unauthorised persons from access to devices authorised on behalf of the Buyer on the Site.
3.6. When using the Site the Buyer shall refrain from infringement of the applicable law. If any infringements of law by the Buyer are identified the Seller shall have the unconditional right to bar the Buyer from using the Site as well as to extrajudicially charge back to the Buyer all the direct and indirect losses by debiting the funds credited to the User’s account.
3.7. Under no circumstances shall the Buyer/visitor of the Site be entitled to use any items of the Seller’s intellectual property, including Banderolka, Qwintry trademark, or act as the Seller’s agent/intermediary without prior written consent duly signed by the representative of the Seller. In case of infringement of the Seller’s intellectual property rights or dissemination of any information which does not correspond with the actual information about the Seller, the person at fault may bear the liability stipulated by the applicable laws. In such cases, in addition to the above losses, the Seller retains the right to claim damages as well as lumpsum reimbursement.
4.1. Any order shall be made by the Buyer by selecting names and quantities of the Goods and their placement into the basket.
All the information about the Goods available on the Site is for reference only and is not accurate information about properties and features of the Goods including colours, sizes, shapes, consumer appeal. If the Buyer has any questions regarding the properties and features of the Goods, the Buyer shall contact the Seller before placing the Order.
4.2. The cost of delivery of the Goods depends on the quantity of the Goods, delivery method selected from those offered and address indicated by the Buyer.
4.3. The order is considered placed as from the time it is paid for by the Buyer that is time of debiting funds from the payment card specified by the Buyer. The Seller does not guarantee actual availability of the Goods until the payment of the order by the Buyer. Until that time, the Goods selected by the Buyer shall be deemed to be offers made by the Seller for sale, and the Seller reserves the right to cancel these offers.
4.4. Any order is considered to be placed only in respect of those Goods and delivery services that were confirmed by the parties and paid (if priced) by the Buyer.
4.5. Goods sold on the Site shall not be resold or distributed. The Seller reserves the right to cancel orders and/or refuse the Buyer the use of the Site if it believes that the Goods are purchased by the Buyer in violation of this condition.
4.6. The Buyer bears all risks associated with incorrect indication of the delivery address and/or data of the recipient.
4.7. If the User has been notified of the need to pay any customs fees or pay for the re-export of the Parcel in accordance with the requirements of applicable law, but evades paying these fees, such User is considered to have waived the rights to the Parcel in favor of Qwintry. In this case, Qwintry reserves the right to dispose of the Parcel at its own discretion, as well as retain those parcels that are currently in the warehouse or in transit, and have not yet been delivered to the User as part of Qwintry services. If the User in such a situation pays the aforementioned expenses incurred by Qwintry, specifically, in connection with the payment of customs duties and re-export of the Parcel, and if such Parcel/Parcels have not yet been disposed of or sold, Qwintry returns to the User the rights to the Parcel/Parcels and sends the Parcel/Parcels over to the User. All expenses for the delivery of Parcels / Parcels are borne by the User. In any case, Qwintry reserves the right to claim compensation for all costs and possible losses caused by the User’s refusal to pay the aforementioned customs payments, as well as a fine of $100 for each case of failing to pay the above-mentioned fees.
5. Order cancellation
5.1. Any order may be cancelled by the Buyer or Seller. The Seller may cancel the Order particularly in the event of any significant changes in the circumstances by which the Buyer and Seller were guided when placing the order, and which hindered the execution of the order, and based on the availability of the Goods.
5.2. If the Seller may not fulfill the order for reasons beyond the control of the Buyer or Seller (in the event that the delivery region is closed by the Delivery Service, changes are made in customs rules and procedures, pick point selected by the Buyer as a delivery method is closed, and other circumstances that impede the transfer of the Goods in an agreed manner, including loss of the order upon delivery, unavailability of the Goods at the supplier’s site, non-delivery of the Goods to the Seller’s warehouse, lack of stock due to defects, cross picking or inoperability of the Goods detected while processing of the order, etc.), the Seller shall cancel the order and notify the Buyer, and the Buyer may agree on new conditions for delivery of Goods by placing a new order if the Goods are available at the time of placing the order. If at the time of placing the order the price of the goods is increased, and a previous order is canceled for reasons other than defects, compensation for difference in price on the day of placing a new order is not charged.
5.3. The Buyer may change the decision to purchase and cancel the order in whole or in part at any time before it is dispatched by the Seller.
6. Price and payment
6.1. All prices on the Site are given in USD. The Seller reserves the right to change prices at any time without notifying the Buyer. Changes shall not be made to prices for Goods/services which have been already paid for by the Buyer.
6.2. Any order may be paid for by Visa or MasterCard. The Seller shall not collect charge for making payment, but it can be debited by the bank that issued the card, if provided by its terms of service.
6.3. By making payments the Buyer confirms that the banking card used for payment is held by him/her personally.
6.4. All necessary customs procedures related to the importation of goods purchased by the Buyer into the Buyer's country shall be followed by the Seller, however, the Buyer shall pay necessary customs duties himself/herself. If the Buyer refuses to pay customs duties and/or taxes imposed on the import of the Goods, he/she shall bear risks of and liability for any resulting costs and expenses including, but not limited to, all costs for re-delivery, return, and any other expenses to be incurred by the Seller.
Unless the Buyer and Seller agree otherwise, the Buyer instructs the Seller, as well as any other person authorised under the laws of the Customs Union and appointed by the Seller to perform all necessary customs operations on behalf of the Buyer, and the Buyer authorises the customs representative to pay all due customs duties from his/her balance on the account on the Website.
7. Responsibility. Quality claims
7.1. The risk of accidental damage or loss of the Goods shall be transferred from the Seller to the Buyer as from the receipt of the Goods by the Buyer.
7.2. If defects in the Goods are discovered, the Buyer may contact the Seller within seven (7) days from the receipt of the Goods to discuss the issue of the respective compensation for defects or return of the Goods. A final decision on the method and procedure for resolving this situation shall be made by the Seller. If the Goods are retuned and defects in them are proved, the Seller shall refund to the Buyer the cost of the Goods and their delivery to the Buyer, as well as compensate expenses related to the return thereof to the Seller. If the Goods are retuned and their quality is proved, the Seller shall refund to the Buyer the cost of the Goods only.
7.3. The Seller shall not compensate for moral damage as well as loss related to the Buyer’s personal business in whatever form. The Service is aimed at rendering of services to the individuals obtaining goods for personal, family, household, or other needs not related to carrying out of entrepreneurial activity.
7.4. Liability of the Seller shall not exceed the cost of goods and services purchased by the Buyer against a specific Order.
7.5. Any possible disputes and disagreements with the Seller shall be resolved by competent judicial authorities in the course of mandatory pre-court dispute settlement procedure.
8.1. Unless otherwise agreed money shall be refunded to the Buyer by their transfer to the balance on the User’s account. In cases where the User’s account is subject to cancellation, and in other cases expressly agreed by the Seller and Buyer, money shall be refunded to the User’s banking card from which the funds were transferred to the balance on the User’s account.
8.2. If the Seller decides to refund money to the Buyer, it shall make the same without undue delay. The Seller may inform the User about the scheduled date of refund. The actual period for receipt by the Buyer of money transferred to the card may be longer depending on the speed of banking operations, for which the Seller is not responsible.
9. Referral Program
9.1 The Referral Program is one that provides the Buyer with the opportunity to be rewarded for encouraging individuals, who have not previously made Orders on the Website, to place their first and subsequent Orders on the Website.
9.2 Basic principles of the Referral Program:
9.2.1 The Buyer receives a Referral Promotional Code and a Referral Link in their account, which they can transfer to 3rd parties,, complying with the restrictions and requirements stipulated in these Terms and Conditions
9.2.2 An individual who is not a registered user of the Website and who signs up to the Website as a result of clicking on the Referral Link, as well as an individual, who is a registered user of the Website, but who enters the Referral Promotional Code in the corresponding field during the placement of their first order, becomes a Referral, i.e. an individual invited by the Buyer, and the Buyer is granted a Partner status.
9.2.3 The Partner and Referral statuses are applied to the Buyers solely within the framework of the Referral Program, without granting them any privileges, benefits, or priorities, other than stipulated in these Terms and Conditions.
9.2.4 Each Referral gets a 5% discount off their first Order, as well as a free delivery of their (you can use their or his/her) first Order. This first-order discount is not added up with other discounts for the Items in the Order, if there are any. If other Items already come with discounts, the largest discount is applied.
9.2.5 The Partner receives the balance to their Referral account, which is shown in their (or his/hers) personal account on the Website, a Referral fee in the amount of 10% of the first Order placed by each Referral they invited, and 5% of the cost of subsequent Orders placed by each Referral. The Order cost, specified in this paragraph, refers to the aggregate cost of all the Items in the Order after applying all the discounts and excluding the shipping costs.
9.2.6 The Referral account maintained in the Partner’s personal account displays two kinds (types) of balances:
184.108.40.206 Referral Remuneration Received: the total amount of the Referral Remuneration received by the Partner during the entire period of their participation in the Referral Program.
220.127.116.11 Referral fee or reward Available: the amount of referral reward that can be used by the Partner as stipulated in the Referral Program, which is calculated as the sum of the Referral fees derived from the Orders paid for and received by the Partner’s Referrals, minus the amount of the Referral reward, already withdrawn by the Partner.
18.104.22.168 The balance of the Referral Remuneration Received is increased by the corresponding amount of the Referral fee immediately after the Referral makes payment for the Order that they place.
The balance of the Referral Remuneration Available is increased by the corresponding amount of the Referral fee after the Seller receives confirmation that the Referral has actually received their Order.
The balance of either Referral Remuneration Received or Referral Remuneration Available is subject to change in the event of actual change in the status of the Referral’s Order, including, but not limited to, the case when the Referral wants to return their Order after they pay for it.
9.2.7 The Referral remuneration can be used by the Partner both for full / partial payment for their Orders on the Website, or paid out to them in funds by withdrawing the Referral remuneration to the Partner’s account in the PayPal payment system. The minimum withdrawal amount of the Referral remuneration to the Partner’s account in the PayPal payment system is $50; the commission of the payment system is paid by the Partner, the deadline for crediting funds to the Partner’s account in the PayPal payment system does not depend on the Seller.
9.3 Special Conditions of the Referral Program:
9.3.1 Spreading the Referral link or the Referral Promotional Code, the Partner must clearly communicate to their recipients the benefits of their use, described in Clause 9.2.4 of these Terms and Conditions. Transferring the Referral link or the Referral Promotional Code in violation of this condition, as well as transferring them in a hidden, distorted, or veiled form, is a violation of these Terms and Conditions.
9.3.2 Spreading the Referral link or the Referral Promotional Code, the Partner in no manner, shape, or form should impersonate the Seller or a person who in any way represents the Seller’s interests or is associated with the Seller, and should not mislead third parties regarding the possibility of such a relationship between the Partner and the Seller.
9.3.3 Spreading the Referral Link or Referral Promotional Code by the Partner shall not be carried out in violation of applicable law, including (but not limited to) sending spam messages, spreading materials containing manifestations of cruelty, discrediting any persons, including the Seller, materials of a sexual nature, materials misleading third parties, or prompting or suggesting illegal actions.
9.3.4 The Partner independently bears the tax burden and the responsibility for any tax liabilities arising in connection with the Referral remuneration received by them. In accordance with US federal law, in cases when the Partner is not a citizen or resident of the USA, they are obliged to provide the Seller with the appropriate filled out and signed tax form.
9.3.5 The Seller reserves the right to suspend / terminate the Partner’s or the Referral’s participation in the Referral Program at his sole discretion, and cancel all the Referral Fees and / or discounts previously granted to such party if the Seller comes to a conclusion that the Partner or the Referral violates the Terms and Conditions and/or misuses their participation in the Referral Program, including by forging the registration of new unique Buyers or by other fraudulent means.
9.3.6 The Referral remuneration shall not be used in any other way than specified in these Terms and Conditions; it is not intended for sale, transfer or assignment in any other way; no interest is accrued to the amount of the Referral remuneration.
9.3.7 The validity period of the Referral program is determined by the Seller; the operation of the Referral program may be terminated by the Seller at any time at his sole discretion.