Before using the e-store www.exclusivelashes.pl, customers must read the Terms and Conditions.
TERMS AND CONDITIONS OF THE E-STORE
- General provisions
- Type and scope of e-services
- Terms and conditions of e-services provision and entering into e-service agreements.
- Terms and conditions of entering into sales agreements
- Methods of payment
- Cost, date, and methods of delivery
- Terms and conditions of e-service agreement terminations
- Complaints procedure
- Right to withdraw from an agreement
- Intellectual property
- Final provisions
- GENERAL PROVISIONS
- The e-store available at exclusivelashes.pl is conducted by Monika Rząp who operates business activity under the name MONIKA RZĄP PIĘKNE RZĘSY entered in the Central Business Registration and Information of the Republic of Poland kept by the Ministry for Economy, address of business operation and address for service: ul. Chlebowa 19/2, 71-006 Szczecin, Tax ID (NIP): PL6412255847, National Official Business Register Number (REGON): 321508827, email address: firstname.lastname@example.org, telephone: +48 694 673 004.
- Exclusivelashes.pl operates on the principles specified herein.
- The Terms and Conditions specify the types and scope of the services provided electronically through the exclusivelashes.pl e-store, the terms and conditions of entering into and terminating e-service agreements and Product Sale Agreements, as well as the complaint procedure mode.
- Every recipient of a service, when intending to use exclusivelashes.pl, is obliged to comply with the provisions of these Terms and Conditions.
- In order to place an Order in the E-store, the Customer is obliged to read the Terms and Conditions and accept them in the process of placing the Order.
- The exclusivelashes.pl store operates the retail sale of the Products through the Internet in Poland and in other EU countries solely to Consumers.
- The products offered in the E-store are new, free from legal defects, and legally marketed in Poland.
- To matters not settled herein, provisions of:
- the E-service Provision Act of 18 July 2002 (Dz. U. [Journal of Laws] 144, item 1204 as amended.),
- Consumer Rights Act of 30 May 2014 (Dz. U. [Journal of Laws] from 2014, item 827),
- Civil Code Act of 23 April 1964 (Dz.U. [Journal of Laws] No. 16 item 93 as amended) and other relevant provisions of Polish Law shall apply.
- Dane osobowe są przetwarzane zgodnie z ustawą o ochronie danych osobowych z dnia 29 sierpnia 1997 r. (Dz.U. 1997 Nr 133, poz. 883 ze zm.) oraz ustawą o świadczeniu usług drogą elektroniczną z dnia 18 lipca 2002 r. (Dz.U. 2002 Nr 144, poz. 1204 ze zm.).
- BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
- REGISTRATION FORM - a form available at exclusivelashes.pl which enables creation of an Account.
- ORDER FORM - a form available at exclusivelashes.pl which enables placement of an Order.
- CONSUMER - a natural person who performs a legal activity unrelated directly to its business or professional activity.
- CUSTOMER - a recipient of a service who is a Consumer and intends to enter into or has entered into a Sales Agreement with the Seller.
- ACCOUNT - a collection of resources marked with an individual name (login) and password in the Service Provider’s ICT system, in which the Customer’s data, including information about placed Orders, are stored.
- TERMS AND CONDITIONS - these are the Terms and Conditions of the E-store.
- E-STORE - The online store of the Service Provider available at exclusivelashes.pl
- SELLER, SERVICE PROVIDER – Monika Rząp, operating a business activity under the business name MONIKA RZĄP PIĘKNE RZĘSY, ul. Chlebowa 19/2, 71-006 Szczecin, Tax ID (NIP): PL6412255847, National Official Business Registry Number (REGON): 321508827.
- PRODUCT - a movable item or service available in the E-store, which is the subject of the Sales Agreement between the Customer and the Seller.
- SALES AGREEMENT - Product Sales Agreement entered into by and between the Customer and the Seller through the E-store.
- RECIPIENT OF A SERVICE - a natural person, a legal person or an organizational entity without legal personality, who has legal capacity granted by law, and who uses an E-service.
- E-SERVICE - a service provided electronically by the Service Provider to the Recipient of the Service through the E-store.
- ORDER - a declaration of will of a Customer which constitutes an offer of entering into a Product Sales Agreement with the Seller.
- NEWSLETTER - an e-service which allows the Recipient of the Service to subscribe to and receive, at the email address provided by the Recipient of the Service, free information coming from the Service Provider, regarding the Products available in the E-store.
TYPE AND SCOPE OF E-SERVICES
The Service Provider enables the use of the following E-services through the E-store:
- entering into Product Sales Agreements,
- operation of an Account in the E-store,
- use of the Newsletter.
- Provision of the E-services to Recipients of Services on the E-store takes place on the conditions stipulated in the Terms and Conditions.
- The Service Provider has the right to publish advertising content on the E-store website. Such content constitutes an integral part of the E-store and materials presented in it.
TERMS AND CONDITIONS OF E-SERVICES PROVISION AND ENTERING INTO E-SERVICE AGREEMENTS.
- The provision of E-services specified in chapter III section 1 of the Terms and Conditions by the Service Provider is free of charge.
- The period for which the agreement is entered into:
- an E-service agreement for the service of keeping an Account in the E-store is entered into for an indefinite time.
- an E-service agreement for the service of enabling the placement of an Order in the E-store is entered into for an indefinite time and terminated as of completion of order placement.
- an E-service agreement for the service of using the Newsletter is entered into for an indefinite time.
- Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
- a computer with Internet access,
- access to an email account,
- a web browser,
- The Service Provider is obliged to use the E-store in accordance with the law and good practices, having respect for personal interest and intellectual property of third parties.
- The Recipient of a Service is obliged to enter true data.
- The Recipient of a Service is not allowed to provide illegal content.
TERMS AND CONDITIONS OF ENTERING INTO SALES AGREEMENTS
- Information published on the E-store websites does not constitute an offer within the meaning of the provisions of law. By placing an Order, a Customer places an offer for purchasing a specific Product according to the conditions provided in its description.
- The price of the Product displayed on the E-store is provided in Polish zloty (PLN) and contains all elements, including VAT, customs duties, and any other components. The price does not include the cost of delivery.
- The price of the Product displayed on the E-store website is binding at the time of Order placement by the Customer. Such a price will not be subject to any changes regardless of changes of prices in the E-store, which may appear with respect to individual Products after placement of an order by a Customer.
- To place an Order, the Customer is not obliged to register his/her Account in the E-store.
- Orders can be placed through a website with the use of an Order Form (exclusivelashes.pl E-store) 24/7 throughout the year.
- The E-store processes Orders placed from Monday to Friday in the E-store business time, i.e. from 10 am to 2 pm. Orders placed on Business Days after 2 pm, on Saturdays, Sundays, and public holidays will be processed on the next Business Day.
- Entering into a Sales Agreement.
- In order to enter into a Sales Agreement it is necessary for the Customer to place an Order in one of the ways made available by the Seller.
- After placing an Order, the Seller will immediately confirm its receipt, at the same time accepting the Order, which will bind the Customer to their Order. The confirmation of receipt and acceptance of the Order for processing ensues by sending an email, which contains the following:
- confirmation of all essential elements of the Order,
- declaration on the right to withdraw from the agreement,
- information on the right to withdraw from the agreement,
- these Terms and Conditions.
- Upon the Customer’s receipt of the email referred to in section 8, a Sales Agreement is made by and between the Customer and the Seller.
- Every Sales Agreement will be confirmed by the proof of purchase (receipt), which will be enclosed to each shipment.
METHODS OF PAYMENT
- The Seller offers the following methods of payment:
- wire transfer to the Seller’s bank account,
- cash on delivery,
- payment through online payment services.
- In the case of a wire transfer, payment must be made to the following bank account:
25 1050 1559 1000 0092 0780 9774 (ING Bank Śląski ) MONIKA RZĄP PIĘKNE RZĘSY, ul. Chlebowa 19/2, 71-006 Szczecin, NIP: PL6412255847. The following transfer name must be provided “Order No. ..........”
- In the case of a “cash on delivery” option, a parcel is sent after verification that address details are correct.
- In the case of a payment through online payment services, a Customer pays before commencement of Order processing. Online payment services allow for making payments with a credit card or through a fast transfer to selected Polish banks. The product will be sent after it is paid for.
- The Customer is obliged to pay the price agreed in the Sales Agreement within 7 Business Days from entering into the Sales Agreement unless it provides otherwise.
COST, DATE, AND METHODS OF DELIVERY
- The costs of Product delivery are agreed during the Order placement process and depend on the chosen method of payment and mode of delivery of the ordered Product.
- Products purchased in the E-store are sent through Poczta Polska or a courier company.
- The Customer may collect the Product themselves at: ul. Chlebowa 19/2, 71-006 Szczecin.
- The delivery date is dependent on Product compilation and time of Product delivery by a carrier.
- The time of Product compilation is from 2 to 3 Business Days.
- A carrier delivers the Product within the time declared by the carrier, i.e. from 1 to 2 Business Days (delivery only on Business Days, excluding Saturdays, Sundays, and holidays).
TERMS AND CONDITIONS OF E-SERVICE AGREEMENTS TERMINATION
- Termination of an E-service Agreement:
- An E-service Agreement concerning a service provided continuously and for unlimited time (e.g. Account maintenance) can be subject to termination.
- The Recipient of a Service may terminate an agreement with immediate effect and without providing reasons, by sending a relevant declaration by email to the following email address: email@example.com. The Service Provider may terminate the E-service agreement concerning a service provided continuously and for unlimited time in the event that a Recipient of a Service violates the Terms and Conditions, in particular, provides content of an illegal nature after ineffective prior request to refrain from violations with specification of a deadline. In such a case the agreement expires after 7 days from making a declaration of will regarding its termination (notice period).
- Termination leads to discontinuance of a legal relationship with future effect.
- The Service Provider and the Recipient of a Service may terminate an E-service agreement at any time by mutual agreement between the Parties.
COMPLAINT PROCEDURE MODE
- Statutory warranty claims:
- The basis and scope of the Seller’s responsibility with respect to the Customer who is a Consumer, under the statutory warranty covering physical and legal defects, are stipulated in the Civil Code of 23 April 1964 (Dz. U. [Journal of Laws] No. 16, item 93 as amended.).
- Notifications of Product defects and reporting an appropriate request may be made through an email sent to: firstname.lastname@example.org or in writing to: Chlebowa 19/2, 71-006 Szczecin.
- The aforementioned email message should contain as much information and circumstances regarding the subject of complaint as possible, in particular, the type and date of defect occurrence as well as contact details. The provided information will make complaint processing by the Seller easier and faster.
- If necessary for assessment of physical defects of the Product, it should be delivered to: Chlebowa 19/2, 71-006 Szczecin.
- The Seller will immediately take a stance concerning the Customer’s demand, in any case not later than within 14 days. The reply concerning the complaint is sent to the email address provided by the Customer or in a different way suggested by them.
- In the case of a complaint from a Customer who is a Consumer, a failure to process the complaint within 14 days is tantamount to its recognition.
With respect to a complaint reported by a Customer who is a Consumer, the Seller covers costs of collection, delivery, and replacement of the Product for one which is free of defects.
- Complaints regarding provision of E-services by the Service Provider:
- The Recipient of a Service may lodge complaints related to the provision of E-services through the E-store by sending an email to the following email address: email@example.com
- The aforementioned email should contain as much information and circumstances regarding the subject of complaint as possible, in particular, the type and date of defect occurrence as well as contact details. The provided information will make complaint processing by the Service Provider easier and faster.
- The Service Provider will immediately process the complaint, not later, however, than within 14 days.
- The Service Provider’s reply concerning the complaint is sent to the email address provided by the Recipient of the Service in the complaint form or in a different way suggested by them.
RIGHT TO WITHDRAW FROM AN AGREEMENT
- A Customer who is at the same time a Consumer and who entered into a distance agreement may withdraw from it without providing any reasons, making an appropriate declaration of will in writing within 14 days. To observe the notice period it is enough to send the declaration on withdrawal from the agreement provided by the E-store.
- In the event of a withdrawal from the agreement, a Sales Agreement is considered as not entered into and the Consumer is released from any and all obligations. Whatever the Parties have rendered is subject to return in an unaltered state unless the change was necessary in its ordinary management. The return should ensue immediately, not later, however, than within 14 days.
- The Consumer shall be liable for reduced Product value which results from its usage in a way that exceeds the extent necessary to determine the nature, characteristics, and functionality of the Product.
- The Seller shall reimburse the Product value, together with the costs of its delivery, using the same method of payment used by the Consumer unless the Consumer explicitly agrees to a different method of reimbursement which does not involve any costs.
- If the Consumer chooses a method of Product delivery other than the cheapest simple delivery method offered by the E-store, the Seller shall not be obliged to reimburse the Consumer additional costs borne by him/her.
- The Consumer withdrawing from a Sales Agreement, in accordance with section 1 hereof, shall only bear the costs of resending the product to the Seller.
- The fourteen-day period during which a Consumer may withdraw from an agreement is counted from the day on which the Consumer came into possession of the Product.
- The Consumer shall not have the right to withdraw from a distant agreement in the case of a Sales Agreement:
- in which the object of performance is a non-prefabricated object, produced according to the Consumer’s specification or for satisfaction of their personalized needs.
- in which the object of performance is an object delivered in sealed packaging, which after being opened cannot be returned for health or hygienic reasons if it has been opened after delivery.
- Both the Seller and the Customer (Consumer) have the right to withdraw from a Sales Agreement in the event of a failure of the other party to the agreement to perform their obligation within a specified time.
- All contents published on the website at www.exclusivelashes.pl are subject to copyright protection and are the property of Monika Rząp operating a company under the business name MONIKA RZĄP PIĘKNE RZĘSY, address of business operation and address for service: ul. Chlebowa 19/2, 71-006 Szczecin, Tax ID (NIP): PL6412255847, National Official Business Register Number (REGON): 321508827. The Recipient of a Service shall be fully liable for any damage caused to the Service Provider, which is a consequence of using any contents from exclusivelashes.pl without the Service Provider’s consent.
- Any use by anyone, without the explicit written consent of the Service Provider, of any elements constituting the text and content of www.exclusivelashes.pl shall be considered as an infringement of the Service Provider’s copyright and shall result in civil and penal liability.
- Agreements entered into by the E-store comply with Polish law.
- In the event of discrepancy between any part of these Terms and Conditions and applicable law, in lieu of the challenged provision of the Terms and Conditions, relevant regulations of Polish law shall apply.
- Any disputes arising out of Sales Agreements entered into by and between the E-store and Consumers shall be settled in the first instance by way of negotiations with an intent of amicable resolution. If, however, it is impossible or unsatisfactory for either of the parties, disputes shall be settled by a competent common court, in accordance with section 4 of these Terms and Conditions.
- Any possible disputes arising between the Service Provider and the Recipient of a Service (Customer) who is at the same time a Consumer shall be referred to competent courts in accordance with the Code of Civil Procedure dated 17 November 1964 (Dz. U. [Journal of Laws] 43, item 296 as amended.).
- A Customer who is a Consumer shall also have the right to use out-of-court means of dispute resolution, in particular by the submitting, after completion of a complaint procedure, of a request for instigation of mediation or a request for settlement of the dispute by an arbitration court (request can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Trade Inspectorates is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596). A consumer may also use the free district (municipal) help of the consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court assertion of claims after completion of a complaint procedure is free of charge.
- In order to settle a dispute amicably, a Consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/.