TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES
§1 General provisions
1. The Seller shall provide Services in accordance with the Terms and Conditions and provisions of commonly applicable law.
2. Services are provided via the Store’s website 24 hours a day and 7 days a week.
3. The Seller shall make these Terms and Conditions available on the Store’s website and may make them available on the Customer Account or include them as an attachment to e-mails containing statements of acceptance of Customers’ offers. Customers may at any time: access the Terms and Conditions, record them, obtain and reproduce them by printing or saving them on a data carrier.
4. The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code Act, but only an invitation for Customers to submit offers to conclude a contract, in accordance with Article 71 of the Civil Code Act.
6. The Use of the Store may involve the Customer incurring charges for Internet access and data transmission, to the extent established by the agreement with the telecommunications operator whose services are used by the Customer.
§2 Registration of an account in the Store
1. The Agreement for the provision of the Service of maintaining a Customer Account is concluded for an indefinite period of time, the moment the Seller confirms the Customer Account’s registration.
2. The subject of this Customer Account Service is to provide a Customer Account panel, which allows, among other things, to manage Customer data and orders.
3. In order to create a Customer Account, it is necessary to complete a voluntary and free registration by completing and sending the registration form to the Seller. The form is available on the Store’s website.
4. The condition for the correct completion of the registration form is to complete all its mandatory and alternatively optional boxes, using true and complete data or information concerning the Customer.
5. Before sending the registration form, the Customer should declare that they have read the Terms and Conditions and accept its provisions by checking the appropriate box.
6. Before sending the registration form, the Customer may voluntarily declare that they agree to the processing of their personal data for marketing purposes by the Seller, by checking the appropriate box.
7. The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller, using the Customer’s contact information. The consent referred to in the above point may be withdrawn at any time.
8. Sending the registration form to the Seller is done by the use of the features of the Store and through the agency of the Store.
9. The use of a Customer Account is possible after its creation, and then logging in using the correct login and password.
10. The contract for the provision of Customer Account Service may be terminated without any reason and at any time by the use of its functionality or by sending a statement in this regard to the Seller, e.g. by e-mail or letter.
§3 Basic features of the store
1. The Seller provides the following basic features of the Store to Customers:
1. a contact form,
2. a search engine for Goods,
3. entering opinions about the Goods,
4. adding Goods to the wish list.
2. To use the contact form feature you need to complete its mandatory boxes, enter the desired content, and then send a message to the Seller. The Seller will respond promptly, by the use of the Store’s feature, by phone or by e-mail.
3. To search for Goods in the Store enter the desired content in the search area of the Store, and then approve it. The feature allows the Customer to search the Store’s resources using keywords. In addition, the feature may allow the Customer to perform an advanced search within selected criteria.
4. To enter an opinion about the Goods use the opinion form by completing its mandatory boxes and entering the declared rating or content. The feature may allow you to leave a rating on a marked scale.
5. In order to use the feature of adding Goods to the wish list you must add them to the wish list after logging in to the Customer Account. The object of this feature is to temporarily store the web page containing an advertising offer of the Goods in the Customer Account’s memory.
6. The use of some of the mentioned features may require having a Customer Account and being logged. The Seller reserves the right to temporarily disable or introduce new features.
§4 Orders placed through the Store
1. Orders of Goods can be placed via the Store’s website 7 days a week and 24 hours a day by the use of the Shopping Cart feature. After completing the order list of Goods, the Customer proceeds to the order processing in the Shopping Cart area.
2. If the Customer is a logged-in Customer Account holder, they proceed to the next stage of order placement as a logged-in Customer.
3. In case the Customer is not a logged-in Customer Account holder, the Customer chooses how to place the order:
1. using the Customer Account that is to be registered. Then the Customer registers the Customer Account and, by the use of it, proceeds to the next stage of order placement.
2. without using the Customer Account. Then the Customer proceeds to the next stage of order placement.
3. with the use of an existing Customer Account. Then the Customer proceeds to the next stage of order placement.
4. After selecting the ordering method, the Customer shall enter or select:
1. billing information,
2. delivery information, including the method and address of Delivery,
3. payment method.
5. The order placement shall be preceded by the display of information on the order’s total price, including taxes and related costs, in particular the costs of Delivery and payment, in the Shopping Cart area.
6. Placing an order may be done by using the appropriate button in the Shopping Cart and is equivalent with submitting an offer by the Customer to the Seller to conclude a contract of Sale of the Goods included in the order.
7. Before submitting the order form, by checking the appropriate checkbox, the Customer should declare that they have read the Terms and Conditions and accept their provisions.
8. A placed order may be changed by the Customer up to the moment of receipt of information about shipment of Goods by the Seller.
9. The amendment may include the order’s cancellation, cancellation in part, extension by additional Goods, change of the Delivery address.
10. The Seller shall immediately inform the Customer of the impossibility of accepting the order, in case of circumstances causing it. The provision of this information shall be made by phone or e-mail. The information may constitute a rejection of the offer in its entirety or include the following proposals for modification of the order:
1. the order’s rejection in part impossible, resulting in a recalculation of the order’s value,
2. dividing the Goods subject to Delivery into the part the Delivery of which is possible and the part the Delivery of which will take place at a later date, which does not result in a recalculation of the order’s value.
11. The Seller’s acceptance of the Customer’s offer subject to the change referred to in the above paragraph shall be considered as a new offer requiring acceptance by the Customer in order to conclude the Sales Contract.
12. The Seller shall confirm the order’s acceptance by sending an immediate e-mail message. This message contains the terms and conditions of the Sales Contract concluded by the parties, as well as the data entered by the Customer in the order form, in order to enable the detection of any errors. If any errors are detected, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data.
13. The confirmation of the order’s acceptance is equivalent with the Seller’s acceptance of the offer to conclude a Sales Contract made by the Customer.
1. The Seller shall provide the Service of remote Sale of the Goods to the Customer.
2. The subject matter of the Sales Contract includes the Seller’s obligation to transfer the ownership of the Goods to the Customer and release them, and the Customer’s obligation to take over the Goods and pay the Seller the price for the Goods.
3. The Seller reserves the right to conduct promotional campaigns, involving in particular the reduction of the price of the Goods or Services, until a certain date or exhaustion of the stock of Goods subject to promotion.
4. By concluding a Sales Contract the Seller is obliged to provide the Customer with Goods without any defects.
5. The conclusion of the Sales Contract takes place at the time of the confirmation of the order’s acceptance by the Seller.
6. The release of the Goods takes places at the time specified in the Goods’ description.
7. The delivery time of the Goods may be subject to change in case of changes in the order by the Customer.
8. The release of the Goods:
1. if the Customer chooses the option of Delivery via Carrier, the release shall take place on Business Days to the address provided by the Customer,
2. if the Customer chooses the option of Delivery to a Parcel Machine via Carrier, the release shall take place on Business Days to the Parcel Machine chosen by the Customer.
9. Detailed information on the available methods of Delivery, Carriers and related costs are published on the Store’s website, and the Customer is informed about them during the ordering process.
10. The release of the Goods shall take place only after the payment is made by the Customer.
11. The confirmation of the release of the Goods to the Carrier for Delivery may be made by sending an e-mail to the Customer’s e-mail address.
12. The risk of accidental loss of or damage to the Goods shall pass to the Consumer at the time of Delivery to the Consumer.
13. If the Customer chooses the option of Delivery through a Carrier, it is recommended that the delivered shipment be examined by the Customer in the presence of the Carrier.
14. In the event of damage to the package, the Customer is entitled to demand that the Carrier provides them with a proper protocol.
1. The payment of Sales is determined on the basis of the Goods’ price list located on the Seller’s website at the time of placing the order.
2. The prices for the Goods indicated on the Store’s website are gross prices in PLN and include the VAT value, but do not include the cost of Delivery of the Goods and the chosen form of payment.
3. The costs of transaction and Delivery of the Goods shall be borne by the Customer.
4. The total order price, visible in the Shopping Cart area before placing the order and after selecting the method of Delivery of the Goods and payment, includes the price for the ordered Goods together with tax charges and all related costs, in particular Delivery and transaction costs.
5. The total price of the order is binding for both the Seller and the Customer.
6. The Seller allows the following methods of payment for the provided Sales Services:
1. traditional bank transfer to the Seller’s bank account number: 04 1050 1214 1000 0090 3128 3782,
2. external payment system PayU, operated by PayU S.A with its registered office in Poznań (60-166), ul. Grunwaldzka 182, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000274399, NIP: 7792308495 and REGON: 300523444.
7. The Customer is obliged to make a payment:
1. within 7 days – in case of payment method via traditional bank transfer,
2. at the time of placing the order – in case of choosing the payment method using an external payment system.
8. The return of payment by the Seller shall be made immediately, not later than within 14 days after the date the cause arises, in case of:
1. the Customer’s withdrawal from the contract,
2. the Consumer’s cancellation of an order or part of an order paid for before execution,
3. the Seller’s recognition of the claim covered by the complaint in whole or in part, based on commonly applicable regulations.
9. The return of payment shall be made using the same method of payment that was used by the Customer in the original transaction, unless the Customer agrees to another solution that does not involve any additional costs.
10. The Seller shall not be obliged to reimburse the additional costs incurred by the Customer for the Delivery of the Goods, if the Customer has chosen a Delivery method other than the cheapest ordinary Delivery method offered by the Seller.
1. Complaints may be filed under the warranty.
2. Complaints may be filed by letter or e-mail to the postal or electronic address of the Seller. They can be filed using the form attached to the Terms and Conditions, but it is not mandatory.
3. The content of the submitted complaint shall include:
1. the Consumer’s contact details, which will serve to respond to the complaint and maintain correspondence related to it,
2. the Consumer’s bank account number, which will be used to refund the money in case of such circumstances,
3. the description of the problem and the Customer’s identification data.
4. In the event that the warranty complaint relates to the Goods, in order to consider the complaint by the Seller the Consumer is obliged to deliver or send the claimed Goods to the address of the Seller, at their expense.
5. The Seller shall consider complaints within 14 days from the notification date.
6. The Seller shall inform the Consumer about the method of resolving the received complaint by e-mail or letter, depending on the Consumer’ will or the method of filing the complaint used by the Consumer.
7. In the event that the warranty complaint relates to Goods that are subject to shipment to the Consumer after the complaint’s recognition, the Seller shall deliver or send the Goods to the Consumer’s address.
8. The repayment in connection with the complaint will be made using the method of transfer to a bank account or by postal order, in accordance with the Customer’s will.
9. The application of warranty law shall be excluded for Customers who are not Consumers.
§8 Out-of-court complaint settlement and pursuing claims
1. The Consumer shall have the opportunity to use the following out-of-court means of complaint settlement and pursuing claims:
1. submitting a request for settlement of a dispute arising from a concluded Sales Contract to a permanent amicable consumer court operating at the Trade Inspection, the address of which, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, maintained at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq596,
2. submitting a request for mediation proceedings for amicable settlement of a dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection, the address of which, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, maintained at URL https://www.uokik.gov.pl/wazne_adresy.php#faq595,
3. using the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
4. filing a complaint through the EU online ODR platform, available at URL http://ec.europa.eu/consumers/odr/, in accordance with the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
2. Detailed information on the procedure for out-of-court means of dealing with complaints and claims, as well as the rules of access to these procedures can be found in the offices and on the websites of the entities listed in paragraph 1.
3. The list of entities and institutions that perform tasks related to out-of-court settlement of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
§9 Withdrawal from the contract
1. The provisions contained in this Article on the right of withdrawal from the contract by Consumers shall apply to an individual concluding a contract directly related to their business activity, when the content of the contract shows that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
2. The Consumer may without any reason withdraw from the contract within 14 days, including the Sales Contract, subject to the standards indicated in the content of the instruction on withdrawal from the contract, which is attached to these Terms and Conditions.
3. The right to withdraw from the contract shall not be granted to the Consumer, among others, with respect to the contract of Sales of Goods delivered in sealed packaging, which once opened cannot be returned for health or hygiene reasons, if the packaging has been opened after Delivery.
4. In other cases the Consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The statement can be made on the model form, which is attached to the Terms and Conditions.
5. The Consumer is obliged to return the Goods to the Seller or give them to a person authorized by the Seller immediately, but no later than within 14 days from the date on which they have withdrawn from the contract. To meet the deadline, it is sufficient to return the Goods before its expiration. This provision does not apply, if the Seller offered to pick up the Goods himself.
6. The Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
7. In the event of withdrawal from the contract it shall be considered not concluded. If the Consumer made a statement of withdrawal from the contract before the Seller accepted their offer, the offer shall cease to be binding.
§10 Data processing and cookies
1. Information on the conditions of personal data processing can be found in the Store’s Privacy and Cookies Policy.
2. Information on the cookies uses by the Website can be found in the Store’s Privacy and Cookies Policy.
§11 License terms
1. The Seller shall grant Customers using the Store a free license to their own personal advantage only and to enable the use of the Store, in accordance with these terms.
2. The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, the web pages used to operate the Store, and any documents developed by the Seller in connection with the provision of the Store, including related works, such as the Terms and Conditions and other documents or messages sent in connection with the provision of services, constitute a work within the meaning of copyright laws. The Seller does not transfer the property copyright to the Store or any works forming part of it to the Customer, nor the right to grant permissions on the subject of disposal of the property copyright to these works or the Store and the use of them, as well as permissions to exercise other dependent rights not conditioned in the license terms.
3. The right to use the Store and related works shall be valid in the following areas of use: storing and recovering in the memory of a telecommunications device at a place and time of one’s choice, accessing and displaying via a telecommunications device at a place and time of one’s choice.
4. The Customer is not allowed to: lend, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove any information about ownership or copyright that may appear in the area of the works, use the works for purposes that violate applicable common law or ethical and moral standards.
5. The license is unlimited in time and territory, non-exclusive, and applies to the entire Store and related works. The Seller holds exclusive rights to decide to maintain the integrity of the Store.
6. By publishing any content in the Store, in particular comments or opinions, the Customer grants the Seller a royalty-free, unlimited in time and territory, and non-exclusive license for their use in the following areas of use: publication in the area of the Store’s website, storing and recovering in the memory of a telecommunications device at a place and time of one’s choice, accessing and displaying via a telecommunications device at a place and time of one’s choice, while retaining the right to grant sub-licenses referred to in the above points, in order to enable Customers to use the Store.
7. The Customer acknowledges that it is prohibited to provide the following content to or via the Store:
2. likely to mislead other Customers,
3. violating the personal rights of Customers, Seller or third parties,
4. commonly regarded as offensive, vulgar or violating good morals, in particular: pornographic content, content advocating the use of drugs or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.
8. The Seller is entitled to remove or moderate content that violates the provisions of the Terms and Conditions.
§12. Validity and changing of the Terms and Conditions
1. The Terms and Conditions shall come into force within 3 days from the date of their publication on the Store’s website.
2. The Terms and Conditions may be amended due to changes in the provisions of law relating to the subject matter of the provision of Services, as well as due to technical or organizational changes relating to the services provided by the Seller.
3. Amendments to the Terms and Conditions shall be made by publishing its new content on the Store’s website.
4. Amendments to the Terms and Conditions shall not apply to Sales Contracts concluded before the date of its amendment.
5. Publication of information on changes to the Terms and Conditions shall be made in the area of the Store’s website, within 3 days before the effective date of its new wording.
6. The Seller shall send information about changes to the Terms and Conditions by e-mail, if the parties are bound by a contract concluded for an indefinite period of time.
§13 Final provisions
1. The meaning of capitalized terms is consistent with the explanations provided in the section describing the definitions used in the Terms and Conditions.
2. The Seller shall not be liable for:
1. interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure, in relation to Customers who are not Consumers,
2. interruptions in the proper functioning of the Store and improper provision of Services to Customers who are not Consumers, caused by technical activities or entities through which the Seller provides Services,
3. benefits lost by Customers who are not Consumers.
3. In the absence of amicable settlement of a dispute between the Seller and a Customer who is not a Consumer, or a Consumer who does not reside in the territory of the Republic of Poland in circumstances where the provisions of their national law allow such a possibility, it shall be resolved by the competent court situated in the location of the Store.
4. In relation to Customers who are not Consumers or Consumers who do not reside in the territory of the Republic of Poland, in the event that the provisions of their national law allow such a possibility, the law of the Republic of Poland shall apply as the applicable law for the performance of the contract concluded with the Seller and the settlement of disputes related thereto.
5. The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the Customer who is a Consumer, that arise from the provisions of local, commonly applicable law.
6. In relation to contracts concluded with the Seller, in the event of inconsistency of the Terms and Conditions with the provisions of commonly applicable law in the country of the Consumer, these provisions shall apply.
7. In the event that the provisions of the Terms and Conditions prove invalid or ineffective, this circumstance shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions. Instead of the invalid or ineffective provisions, what should apply is the norm corresponding to what the parties have agreed to or what they would have agreed to, if they had included such a provision in the Terms and Conditions.
§14 Definitions used in the Terms and Conditions
Business days are the days of the week from Monday to Friday, excluding public holidays.
Delivery is the process of delivering the Goods to the Customer via the Carrier to the destination indicated by the Customer.
Customer is a natural person, provided that they have full legal capacity, or limited legal capacity in cases regulated by commonly applicable law or provided that they have the consent of their statutory representative, as well as a legal person or an organizational unit without legal personality, for which commonly applicable law grants legal capacity, who concludes a contract with the Seller for the provision of Services.
Customer Account is a panel that allows managing Customer’s orders via the Store, subject to registration and login.
Consumer is a Customer who is a natural person and concludes a contract for a purpose not directly related to their business or professional activity.
Shopping Cart is a Store’s feature that allows the Customer to place orders of Goods.
Parcel Machine is an automatic box or postal terminal used to receive shipments of Goods.
Carrier is an entity providing Goods Delivery services in cooperation with the Seller.
Terms and Conditions are these contractual terms, the subject of which is the provision of electronical Services by the Seller to Customers, via the Store.
Store is a store operated by the Seller through a website available on the Internet at the URL: awesomecosmetics.eu.
The Seller is Awesome Cosmetics Spółka z ograniczoną odpowiedzialnością with its registered office in Katowice (40-583) at 44 Kępowa Street, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000459985, NIP: 6342821996 and REGON: 243391920, being the service provider, administrator and owner of the Store. The Seller can be contacted at telephone number: 724 654 313 and e-mail address: email@example.com.
Sales is a Service of sailing Goods, provided by the Seller to the Customer, the subject of which is the Seller’s obligation to transfer ownership of the Goods to the Customer and their release, and the Customer’s obligation to take the Goods and pay the Seller the labeled price.
Goods means products presented in the area of the Store by the Seller, which are the subject of the Sales.
Service is a service provided by the Seller to the Customer, based on a contract concluded between the parties through the Store. The conclusion of a contract is made within the framework of an organized system of concluding contracts at a distance, without the simultaneous physical presence of the parties.
INFORMATION ON EXERCISING THE RIGHT
OF WITHDRAWAL FROM THE CONTRACT
INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT
The provisions contained in these instructions on the right of withdrawal by Consumers apply to an individual concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
As a Consumer you have the right to withdraw from a contract concluded in our Store within 14 days without any reason, subject to the cases indicated in the section “exclusion of the right of withdrawal”. The deadline for withdrawal expires after 14 days from the day:
- on which you took possession of the thing or on which a third party other than the carrier and indicated by you took possession of the thing – in the case of a contract obliging you to transfer ownership of the thing (e.g. a sale contract, a delivery contract or a contract for a work which is a movable thing),
- conclusion of the contract – in the case of contracts for the provision of services.
In order to comply with the withdrawal period, it is sufficient for you to send information on the execution of your right of withdrawal before the expiry of the withdrawal period.
To exercise your right of withdrawal, you must inform us: AWESOME COSMETICS Sp. z o.o., ul. Kępowa 44, 40-583 Katowice, e-mail: firstname.lastname@example.org, about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
When withdrawing from the contract, you may use the model withdrawal form, but it is not mandatory. The model form is included in the attachment to the Terms and Conditions for the provision of electronic services in the Store.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from this contract we will return all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we received information about your decision to exercise your right of withdrawal from this contract.
We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with the refund. We may withhold reimbursement, until you have received the item or until you provide us with proof of its return, whichever event occurs first.
If you have received the item in connection with the contract, please send back or hand over the item to us at the address AWESOME COSMETICS Sp. z o.o., ul. Kępowa 44, 40-583 Katowice, immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met, if you send the item back before the expiry of the 14-day period.
We inform you that you will have to bear the direct costs of returning the item. The amount of these costs is estimated at a maximum of about 25,00 PLN.
You are liable only for the diminution in value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal from a contract concluded off-premises or at a distance is not granted to the consumer in respect of contracts in which the subject of performance is an item delivered in a sealed package which, once opened, cannot be returned for health or hygiene reasons, if the package has been opened after delivery.
MODEL WITHDRAWAL FORM
(this form should be completed and sent back only if you wish to withdraw from the contract)
Addressee: AWESOME COSMETICS Sp. z o.o., ul. Kępowa 44, 40-583 Katowice | email@example.com
I/We(*) hereby inform you about my/our withdrawal from the contract of sale of the following items(*)/provision of the following service(*):
Date of contract(*)/ receipt(*):
(only if the form is sent in hard copy)
(*) Delete as appropriate.
(this form can be filled out and sent back, if you wish to make a warranty claim)
Addressee: AWESOME COSMETICS Sp. z o.o., ul. Kępowa 44, 40-583 Katowice
Name and surname of the Customer:
Customer’s telephone number:
Customer’s e-mail address:
I indicate the following as contact data, which will be used to respond to the complaint and maintain correspondence related to it:
The complaint concerns:
sale contract dated __________of the following goods:
contract for the provision of another service:
Date the cause of the complaint was stated:
Description of the problem:
removal of a defect in goods or services
replacement of goods with defect-free goods
reduction of the price of the goods
withdrawal from the contract