Terms & Conditions

 

ONLINE SHOP REGULATIONS http://paulinapastuszak.pl/sklep

Sales via the online shop is run by a company SEMILAC® AKADEMIA – KATOWICE - Paulina Pastuszak, ul. Armii Krajowej 126, 40-672 Katowice, entered into Central Register and Information on Economic Activity operated by the Ministry of Economic Development, using the NIP number

677 222 92 89.

 

Table of contents

 

§ 1 General provisions

§ 2 Electronically supplied services

§ 3 Sale contract conclusion

§ 4 Payment, delivery, receipt of goods

§ 5 Personal data

§ 6 Complaints

§ 7 Withdrawal from the sales agreement

§ 8 Additional information

 

§ 1 General provisions

 

1.These regulations (hereinafter reffered to as „Regulations”) set out the rules of using the Online Store by Customers available at http://paulinapastuszak.pl/sklep (hereinafter reffered to as „Online Store”) and particularly regulate:

*  conditions for the conclusion and performance of sales contract

*  conditions of the provision of electronic services

*  the right of withdrawal from the sales agreement without giving the reason

*  Complaint procedures

 

 

2. Definitions

 

*  Online Store - internet service available at http://paulinapastuszak.pl/sklep through which a Client can purchase goods from the seller.

*  Service Provider, Seller, Data Administrator - SEMILAC® AKADEMIA – KATOWICE - Paulina Pastuszak, ul. Armii Krajowej 126, 40-672 Katowice, NIP 677 222 92 89;

*  Client - a person or organization using the electronic services from Service Provider, a person or organization willing to conlude or have concluded a sales contract with the Seller. To be an Online Store Client the conditions from § 1.3 of the Regulations need to be met;

*  Consumer - a natural person who concludes a legal transaction with an enterpreneur which cannot be directly related to his commercial activities;

*  Order - expressing the will by Client to conlude a contract. A properly placed order results in receiving an email confirmation with the order which is sent to the email address given within an Order/Registration;

*  Electronically supplied service - a free service which includes: management of Client’s account (in case of registered Clients), Newsletter services, providing the order form to the Client. In case of doubt, all activities performed by Service Provider in order to proper handle of processes mentioned in the first sentence, will be considered as electronic services.

*  Price - a value which a Client will be obliged to pay for selected product in case of conclusion of sales contract.

*  Delivery - entrusting products intended for the Client to third parties by the Seller in order to deliver. The Seller entrusts the delivery of products to specialized courier companies which conduct professional business activities in this area;

*  Shopping cart - electronic form provided by Service provided at Online Store which enables the Client to select the items to place an order;

*  Client Account - marked with an individual name (login) and password entered by Client rsource set in the Service Provider’s ICT system which gathers Clients personal data and information about the orders made at Online Store.

*  Registration -  creating Client account in the system at Online Store. In order to make a Registration a registration form needs to be filled in. A properly filled register form results in automatically sent  by the Seller’s system email informing about the Client account activation.

*  Newsletter - electronically supplied service which enables the Clients to obtain cyclic information from the Seller, particularly regarding the products, Online Store, including the news and promotions, sent to the email address given by Client.

 

3. A Client is a natural person having full legal capacity, as well as legal  person, or organizational unit without legal personality which confer the ability of specific provisions in law. A natural person who has a limited legal capacity can also be an Online Store Client unless it violates applicable law.

4. Orders are carried out on the territory of Poland only. In case you wish to place an order with delivery to the other country, you have to contact the Seller individually.

5. The prices are given in PLN and include VAT (gross prices), but do not onclude the cost of delivery of goods which depends on payment and delivery method selected by Client. A Client is informed about the prices during placing the order.

6. Unless it is clearly indicated in the commercial information the products at Online Store are new and the Seller is responsible for their possible physical and legal defects.

7. Information provided on the shop’s website does not constitute an offer within the meaning of art. 66 of the Civil Code, but an invitation to submit offers if the information contains unit price of the product.

 

§ 2 Electronically supplied services

 

1.      As part of running an Online Store the Service Provider undertakes to supply electronic services  to the extent and on the terms of these Regulations.

2.      Electronically supplied services provided by Service Provider are free of charge.

3.      Conditions for concluding a contract for the provision of electronic services:

a.       Client account service: Contract for the provision of electronic servies that consists in management of Client’s Account at Online Store is concluded at the time of Registration. To registrate a Client have to provide the essential data in the registration form: name and surname, email address and a Password. Contract for the provision of electronic services that consists in management of Client’s Account is concluded for an idefinite period.

b.      Interactive form service: Contract for the provision of electronic service that consists in providing an interactive form that enables to place the order at Online Store is concluded when a Client starts using the above service (adding the product to the Shopping Cart). Contract  for the provision of electronic service that consists in providing an interactive form is concluded for a definite period and is dissolved at the time of placing the order.

c.       Newsletter service: Contract for the provision of electronic service - Newsletter is concluded at the time of giving the email address and confirming the agreement to receive email messages. - Contract for the provision of electronic service - Newsletter is conluded for an indefinite period.

4. Terms of dissolving contract for the provision of electronic services:

a.       A Client has the right to terminate the contract for provision of electronic services of a continous nature by Service Provider at any time (e.g. deleting Client Account). The termination of contract is without additional costs and may be done without giving any reason.

b.      The termination can be done by sending a relevant statement to the Service Provider’s email address or in writing by sending to the address for correspondence (contact details on Online Store website).

c.       The contract in this case expires after 7 days from receiving the termination by Service Provider.

5. Service Provider has the right to terminate the contract for provision of electronic services subject to the 7 days time-limit when the Client gives unlawful content.

6. The termination and dissolving the contract does not deprives the Clients from the right that are already acquired.

7. Consumer has the right to withdraw the contract for provision of electronic service within 14 days from its conclusion (on terms included in § 7 of Regulations).

 

§ 3 Sale contract conclusion

 

1.      To place an order a Client should add selected products to his Shopping Cart, choose delivery and payment method and give his contact details.

2.      Actions mentioned in § 3.1 are made by Client by using interactive form. In case of problems with placing the order please contact the Seller.

3.      While placing the order a Client should give real details.

4.      Before placing the order a Client is asked to confirm getting acquainted with the Regulations.

5.      Placing the order happens at the time of clicking the „order with the obligation to pay” button or other with equivalent expression.

6.      After receiving the order at Online Store system, an email confirmation of receiving the order will be sent automatically every time.

7.      The order which has been confirmed by Online Store system (§3.6 Regulations) is an offer in the meaning of art. 66 §1 of Civil Code and is a basis for conclusion of sale contract between the Client and the Seller.

8.      When processing of the order is started, the Seller confirms this fact with a separate email.

9.      Sale contract is considered concluded at the time of receiving an email with the confirmation of commencement of the order (message mentioned in §3.8 Regulations).

 

§ 4 Payment, delivery, receipt of goods

 

1.      Payment:

 

a.       For the performance of sale contract a Client is obliged to pay the price indicated in the order and the delivery costs.

b.      Payment is executed in the method choosen by Client. Available payment methods are indicated on Online Store website.

 

2.  Delivery

 

a.       Client chooses Delivery method from the available methods on Online Store website.

b.      Delivery time depends on Client’s choosen Delivery method and should be no more than 7 working days from the conclusion of sale contract according to §3.8 of Regulations.

 

3. Receipt of goods

 

a.       The Seller informs the Client has the right to check the consignment’s condition after delivering to the address given in the order. Checking the consignment’s condition is before the receipt from the carrier.

b.      If after the receipt of delivery you notice any defect or damage not possible to see from the outside, you have the right to demand determination of consignment’s condtion from the carrier, immediately after informing about the damage, no later than 7 days from the receipt.

c.       In case of any problems or doubts, please contact the Seller.

 

§ 5 Personal data

 

1.      Client’s personal data are processed by Data Administrator in order to perform contracts as part of an Online Store. Contracts concluded as part of an Online Store includes:

2.      Conclusion and realisation of sale contract,

a.       Sending emails with commercial information (with previous consent for registerring for Newsletter service),

b.      Client Account management after previous Registration on Online Store website.

3.   Personal data are processed according to the personal data protection regulations, according the personal data protection policy and to the extent and purpose necessary for establishing and shaping the content of the contract, its change or termination and proper realisation of electronic service.

4.   Data Administrator has introduced technical and organizational assets in order to secure Client’s personal data from disclosure to unauthorized people and subject.

5.   Client’s personal data may be given to

a.       The carrier chosen by Client or agent carring out delivery service for Data Administrator in case of a Client that uses postal or courier delivery method at Online Store.

b.      Subject chosen by Client at Online Store that operates payment in case of Client that uses electronic payment or a credit card.

c.       Accounting firm that makes tax settlements in case of Clients that concluded a sale contract with Data Administrator.

d.      Firm that provides software to run the Online Store or web hosting provider as a part of operating and proper function of Online Store.

6.   Subjects indicated in §5.4 obtain only the essential data to properly provide the service.

7.   Data Administrator has the right to disclose Client’s personal data to subjects authorized                 according to the law regulations (e.g. investigative authorities).

8.   Unless stated otherwise, Data Administrator keeps Client’s personal data as long as necessary in order to fulfill the purpose why above mentioned data was gathered.

9.   A Client whose personal data are processed by Data Administrator has the right to have an access to this data, its correction, deleting or limiting the process, the right to object, to move the data and also the right to make a complaint to supervisory authority which is the Personal Data Protection Office.

10. Deleting the data may be a result of withdraw consent or making a legal objection to process personal data.

11. Data Administrator has the right to process Client’s personal data after the termination on contract or withdraw consent only in the scope of the possible claims in court or if national regulations, regulations set by the European Union or international regulations oblige Data Administrator to retention of the data.

12. Contact with a person who supervises processing personal data is available under

poczta@nailartistspolska.pl email address or in writing  sent to the following address: NailLash Academy, ul. Piotrowicka 17, 40722 Katowice.

 

§ 6 Complaints

 

1.      The Seller is responsible towards Client on the principles set out in the act civil code from 23 April 1964 (Dz. U. nr 16, poz. 93 ze zm.) and other generally applicable regulations.

2.      When the product buyed by Client is not in accordance with the contract or has any defects the Seller must be informed and the item must be delivered to the Seller.

3.      It is recommended to make a complaint in writing or via email. In order to advance or facilitate the process of considering the complaint it is also recommended to attach to the complaint all additional information, like the number of order, sale date, etc.

4.      A complaint is considered  immediately, no later than 14 days.

5.      A reponse to complaint will be sent to the address given by Client or other chosen by Client.

6.      The Seller informs that in case of products coverred by warranty, the warranty rights should be performed according to the conditions included in the warranty card. The warranty for selled product does not exclude, does not limit or does not suspend the rights on account of liability of the Seller to extent definite in the act of civil code from 23 April 1964 (Dz. U. nr 16, poz. 93 ze zm.)

7.      In order to facilitate complaints procedures a Consumer may use a complaint form provided by the Seller.

 

§ 7 Withdrawal from the sales agreement

 

1.      A Client who is being a Consumer at the same time in the meaning of art. 22[1] of civil code from 23 April 1964 (Dz. U. Nr 16, poz. 93 ze zm.) who has concluded a distance contract, may withdraw from it without giving the reason, by making a relevant statement within 14 days. To maintain the deadline the statement must be sent before the expiration of the term. The statement may be sent via email or by post to Online Store’s address.

2.      14 days term during which a Consumer can withdraw from sales agreement or contract for provision of electronic service starts with the day of product release in case of sales agreement and in case of contract for provision of electronic services - from the day of conclusion.

3.      After receiving the statement of withdrawal from the agreement the Seller immediately sends the email confirmation of the receipt.

4.      In case of withdrawal from the agreement - sale contract or contract for provision of electronic service is considered not concluded. What the Sides has been providing is returned in unchanged condition unless the change was not necessary to determine the feature and function of item, or § 7.7 of Regulations is applicable. The return should occur immediately, within 14 days.

5.      The Seller shall refund received payments using the same payment method as the Consumer used, unless Consumer does not clearly agree  for other return method, which does not involve any costs. The Seller can refrain from the refund of payments received from Consumber untill he receives back the item or untill the Consumer provides the Seller with an evidence of return, according to what happens first.

6.      Consumer covers direct costs of returning the item to the Seller.

7.      If Consumer has chosen different delivery method than the cheapest usual one offered by the Seller, the Seller is not obliged to refund the additional costs.

8.      A Consumer is responsible for decreasing the value of the products which is a result of using in an extended way than necessary to determine the features and the function of the item.

9.      The right to withdraw from a distance agreement is not applicable in case of:

a.       contract for provision of services if the enterpreneur has fully completed the service with a clear Consumer’s consent, who was informed before commencing the service, that after completing it he would lose the right to withdraw from the agreement;

b.      a contract which includes a price or pay depend on fluctuations in the financial market, that the enterpreneur does not control and which may occur before the term to withdraw from the agreement expires;

c.       an agreement in which a non-prefabricated item is the subject of the obligation, produced according to the consumer’s specifications or used to meet his individual needs;

d.      an agreement in which an item that gets easily spoiled or has a short term of utilisation is the subject of the obligation;

e.       an agreement in which an item delivered in a sealed package which cannot be returned after opening on account of health protection or hygiene reasons is the subject of the obligation if the package has been opened after the delivery;

f.       an agreement in which items that after the delivery on account of its feature remain inseparably connected to other items;

g.       an agreement in which an alcohol is the subject of the obligation which price has been fixed when concluding the contract and which can be delivered after 30 days and which value depends on fluctuations in the financial market, that the enterpreneur does not control;

h.      an agreement in which the consumer clearly demanded that the enterprenuer come to the consumer in order to make an urgent repair or conservation; if the eneterpreneur provides other services than the ones that consumer demanded, or provides other parts than spare parts necessary to make a repair or conservation, the consumer has right to withdraw from the agreement in accordance to additional services or parts;

i.        an agreement in which sound or visual recording, computer programmes delivered in a saeled package is the subject of the obligation, when the package has been opened after receiving it;

j.        a contract for delivering newspapers, periodicals, magazines except for a contract for subscription;

k.      a contract concluded by public auction;

l.        an agreement for providing accommodation, other than residential purposes, carriage of goods, car rental, gastronomy, services related to leisure, entertainment, sport or culture events, if the contract contains the day or the period for these services;

m.    an agreement for delivery of digital content, which is not saved on a material carrier, if providing the service commenced with a claer consent from the consumer and before term to withdraw from the contract expires and after informing the consumer about loosing the right to withdraw from the contract.

10. No later than delivering the item, the Seller gives the Consumer the instruction of withdrawal from the agreement on a material carrier.

 

§ 8 Additional information

 

1.      In order to avoid possible differences or mistakes it is recommended that the device to use the Online Store should correspond with at least the following technical requirements that are necessary to cooperate with IT system that the Service Provider uses:

a.       A computer or mobile device with internet access.

b.      Web browser up to date.

c.       Monitor resolution 1280 x 800, colours 24 or 32 bit

d.      Client should have an email account

 

2. In cases not settled in these Regulations law in force in the Republic of Poland apply, including the civil code, eletronically supplied services act from 18 July 2002  (Dz. U. Nr 144, poz. 1204 ze zm.), consumer rights act from 30 May 2014 (Dz. U. z 2014 r. poz. 827) and other relevant Polish provisions.

 

3. Changes in the Regulations:

a.       Service Provider has the right to change the Regulations, of which a Client who has a Client Account will be informed within 14 days before changes coming into force. The information will also be published in a claer way on the Online Store website. What is more, the Client will be each time requested for new regulations consent before placing the order.

b.      Regulations that have been changed are binding if the requirements from art. 384 of civil code are met (that means Client has been propperly informed about the changes) and the Client has not terminated the agreement for provision of electronic services of a continous nature within 30 days.

c.       Changing the Regulations will not infringe Client’s acquired rights before coming into force, especially will not have impact on already placed orders or orders under process. The previous Regulations provisions shall apply.

4. Sale contract is concluded according to the Polish law and in Polish language.

5. A Client being a Consumer in case of dispute with the Seller has a possibility to use extrajudicial ways, considering the complaints and to seek redress. A Consumer can:

a.       turn to a permanent arbitrational tribunal operating at Trade Inspection with request for settlement of the dispute resulted from the concluded sale contract.

b.      turn to provincial inspector of Trade Inspection with request for initiating mediation proceedings in order to make an amicable settlement of the dispute  between the Client and the Seller.

c.       obtain free help regarding the settlement of the dispute between the Client and the Seller by using a free help from poviat consumer ombudsman or a social organization which statutory tasks contain consumer protection (Consumer Federation, Association of Polish Consumers).

d.      make a complaint via form available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. It is a platform of internet dispute settlement set by European Union between consumers and enterpreneurs.  All European Union’s languages are available and it is applicable after using the complaint procedure with the Seller.

 

6. Possible disputes between the Seller and the Client who is not being a Consumer at the same time in the meaning of art. 22[1] of civil code from 23 April 1964 (Dz. U. Nr 16, poz. 93 ze zm.) are submitted to the court with jurisdiction over the seat of the Seller.

7. Possible disputes between the Seller and the Client being a Consumer at the same time in the meaning of art. 22[1] of civil code from 23 April 1964 (Dz. U. Nr 16, poz. 93 ze zm.) are submitted to the common courts according to the generally applicable law.

 

Legal service regarding the Regulations is provided by LS Polska Office available at http://www.lspl.pl/.

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