Online Shop Regulations

Online Shop Regulations www.kosmetyczna.com.pl


I. Definitions

The terms used in the Regulations shall have the following meaning:

1. Customer – a natural person, a legal person or an organisational unit that is not a legal person, for which specific legal provisions grant legal capacity and which places orders in the Shop;

2. Regulations – these Regulations concerning provision of services by electronic means in the form of an Online Shop: www.kosmetyczna.com.pl;

3. Online Shop (Shop) – online service available at www.kosmetyczna.com.pl, with the use of which Customers may particularly place orders;

4. Goods – products presented in the Online Shop;

5. Sales Contract - a contract of the sale of Goods within the meaning of the Civil Code, concluded between Lady's Nails Cosmetics and a Customer with the use of the online service of the Shop;

6. Order - Customer's declaration of will, intending directly to conclude a Sales Contract, determining - in particular - the type of Goods and their quantity.

II. General Provisions

2.1. These Regulations determine the principles of use of the Online Shop available at www.kosmetyczna.com.pl.

2.2. These Regulations constitute regulations referred to in Article 8 of the Law on provision of services by electronic means.

2.3. The Online Shop, operating at www.kosmetyczna.com.pl, is managed by Lady's Nails Cosmetics.

2.4. These Regulations determine, in particular:

a) principles of registration and use of an account in the Online Shop;

b) terms and principles of making electronic booking of products available in the Online Shop;

c) terms and principles of placing Orders by electronic means in the Online Shop;

d) principles of concluding Sales Contracts with the use of services performed through the Online Shop.

2.5. A Customer can use the Online Shop, provided the ICT system he or she uses meets the following minimum requirements:

a) Internet Explorer version 7 or  newer,

b) Mozilla Firefox version 4 or newer,

c) Google Chrome, Safari, Opera, 

d) minimum screen resolution: 1280 x 720 pixels.

2.6. In order to make use of the Online Shop, the Customer should have an access to a computer or a terminal equipment, with an access to the internet.

2.7. According to binding legal provisions, Lady's Nails Cosmetics reserves itself the possibility to limit performance of services through the Online Shop only in favour of people who are, at least,  18 years old. Consequently, the Customers will be notified about that.

2.8. The Customers may read these Regulations any time, by clicking a link at the www.kosmetyczna.com.pl home page and download and print them.

2.9. Information on Goods stated on the Online Shop website, in particular their descriptions, technical and functional parameters and prices, constitute invitation to conclude a contract within the meaning of Article 71 of the Civil Code.


III. Principles of use of the Online Shop

3.1. In order to be ab le to use the Online Shop, a Customer must register on the website of the Shop.

3.2. A Customer registers through filling in and approving a registration form, which is made available on one of the websites of the Online Shop.

3.3. Approval of the content of the Regulations and stating personal data marked as obligatory constitute a prerequisite for registration.

3.4. Lady's Nails Cosmetics may deprive a Customer of the right to use the Online Shop, as well as limit his or her access to all or some resources of the Online Shop, with an immediate effect, if the Customer infringes the Regulations, in particular, when the Customer:

a) stated untrue, incomplete, invalid, misleading data or data infringing rights of third parties,

b) infringed personal rights of third parties through the Online Shop, in particular personal rights of other customers of the Online Shop,

c) performed any other actions that will be recognised by Lady's Nails Cosmetics as actions contrary to binding legal regulations or general principles of Internet use or damaging good reputation of Lady's Nails Cosmetics.

3.5. A person who was deprived of the right to use the Online Shop cannot register again without the prior consent of Lady's Nails Cosmetics.

3.6. In order to ensure safety of communications and data concerning services performed through the website, the Online Shop ensures technical and organisation means relevant to the level of threat to the safety of performed services, in particular the means used to prevent the acquisition and modification of personal data sent through the Internet by unauthorised persons.

3.7. The Customer undertakes, in particular:

a) not to deliver or transfer the contents prohibited by legal regulations, e.g. contents propagating violence, defamatory or infringing personal rights and other rights of third parties,

b) to use the Online Shop in the way that does not disrupt its operation, in particular, by using specific software or devices,

c) not to undertake the following actions: sending out or displaying unsolicited commercial information in the Online Shop (spam),

d) to use the Online Shop in the way that will not cause any inconvenience to other Customers or Lady's Nails Cosmetics,

e)  to use all contents displayed in the Online Shop only for personal use,

f) to use the Online Shop in compliance with legal regulations, provisions of these Regulations and general principles of Internet use.


IV. Procedure of Sales Contract conclusion

4.1. In order to conclude a Sales Contract through the Online Shop, a Customer must go to www.kosmetyczna.com.pl, choose the Products offered in the Shop, performing subsequent technical operations, basing on messages displayed for the Customer and information available on the website.

4.2. The ordered Goods are selected by the Customer by adding them to the cart.

4.3. During order placement procedure, the Customer is able to modify the data entered and his or her selection of Goods until the moment he or she clicks 'Order'. To this end, the Customer is guided by the messages and information available on the website.

4.4. When the Customer using the Online Shop has stated all required data, a summary of the placed Order will be displayed. The summary of the placed Order will show the information involving:

a) Ordered item(s),

b) unit and total price of all products or services ordered, including delivery costs and additional costs (if any),

c) selected method of payment,

d) selected way of delivery,

e) delivery time.

4.5. To send an Order, it is necessary to accept the content of the Regulations, state obligatory personal data and click 'Order'.

4.6. When a Customer sends an Order, it constitutes a declaration of will to conclude a Sales Contract with Lady's Nails Cosmetics, according to the content of these Regulations.

4.7. Following order placement, the Customer will receive an e-mail titled 'Confirmation of the Order No...', constituting a final confirmation of all important elements of the Order.

4.8. A Contract is deemed concluded at the moment the Customer receives the said e-mail.

4.9. A Sales Contract is concluded in English, with the content compliant with the Regulations.


V. Delivery

5.1. Delivery of Goods is restricted to the territory of the Republic of Poland and Member States of the European Union and is performed at the address stated by the Customer while placing the Order.

5.2. The Goods are delivered through a courier service, by post or they are taken personally in the stationary shop belonging to Lady's Nails Cosmetics. The costs of delivery are as follows Costs of shipments. Additionally, delivery costs will be stated during order placement. Costs of untypical or non-standard shipment of goods such as furniture, equipment delivered on special request from abroad are stated in descriptions of the individual Goods and will be added to an overall order value, however each time upon prior agreement of the costs with the Customer.

5.3. Delivery period is 3 do 5 working days, counting from the day, on which the Customer has sent an Order within the territory of Poland and Member States of the European Union. In case of orders involving Goods brought from abroad, the Customer will receive information about the Order delivery time. In the aforementioned case, the delivery date depends on the producer of the ordered Goods. Lady's Nails Cosmetics shall not be held liable for delays on part of carriers and freight forwarders caused by their fault (weather conditions, traffic jams, damages of the means of transport).

5.4. The Customer shall unpack the parcel upon its receipt, in the presence of the delivering person. Completeness and integrity of packaging shall be checked. In case any mechanical damages of packaging or Product have been ascertained that may indicate damages taking place during transport, a 'damage protocol' should be drawn up and a relevant entry shall be made in the way bill to be taken by the courier. The protocol should be signed by the Customer and the delivering person. A damage protocol constitutes one of the bases to accept complaints and should be sent immediately to Lady's Nails Cosmetics by fax or other means (e.g. a document scan sent by e-mail to: hurtownia@kosmetyczna.com.pl) against acknowledgement of receipt.

5.5. Customers may read these Regulations any time, by clicking a link at the www.kosmetyczna.com.pl home page and download and print them.

Recording, protection, access to and confirmation of material provisions of the Goods Sales Contract to the Customer is performed by sending a confirmation, Order Specification and a VAT invoice at a given e-mail address and then print these out and attach to the parcel with the Goods.


VI. Prices and payment methods

6.1. Prices of the Goods are stared in EUR and include all elements, including VAT (stating the VAT rate), custom duties and all other elements.

6.2. The Customer may choose the following payment methods:

a) EURO transfer onto our bank account (ING) IBAN: PL26 1050 1676 1000 0023 0260 5981
BIC/SWIFT: INGBPLPW

b) payment through the PayPal electronic system.


VII. Right to withdraw from the Contract

7.1. A Customer - who is a consumer within the meaning of Article 22[1] of the Civil Code - is entitled, pursuant to legal regulations, to withdraw from a distance contract, for convenience, making a relevant written declaration, within 10 days, and send it to the address of Lady's Nails Cosmetics given in these Regulations.

7.2. The said 10-day period is counted from the day of Goods delivery.

7.3. Consumer's right of withdrawal from the contract is excluded in the following cases:

commencement – upon consumer's consent – of performance of services by www.kosmetyczna.com.pl, before expiration of a 14-day period since the time of contract conclusion;

audio and audio-visual recordings and computer software stored on data carriers when the consumer removes their original packaging;

regulations, specification printouts, safety data sheets, customer's cards, instructions ordered for specific purposes. 
contracts involving benefits whose prices or remuneration depend solely on the price movement on a financial market;

Goods (Services) with the properties determined by the consumer in his or her order or strictly personally related to the consumer; Goods delivered at the Customer's order.
benefits which cannot be returned due to their character or the subject of which is liable to deteriorate quickly;

contract, the subject of which are goods delivered in sealed packaging, which cannot be returned after opening due to health protection or hygienic issues if the packaging was opened after delivery; it includes opened containers with cream, lotions, gels, acrylic, nail varnishes for decorating or painting nails, conditioning masks, peelings, wax, henna, adhesives for eyelashes and tips, cleaners, primers, liquids, degreasing agents, disinfecting agents, hygienic tissues, dressings, individual relief on the feet, single use products.
7.4 In case of a withdrawal from a distance contract, the contract is deemed invalid. The products involved shall be returned in unchanged condition, unless the change was necessary in the ordinary management. The products shall be returned immediately, within 14 days, at the latest. The purchased Goods shall be returned at the following address:

Lady's Nails Cosmetics
Al. Jana Pawła II  25/1
44-240 Żory / Poland

7.5. The Goods returned by the Customer should be properly packed and protected, which ensures that the parcel is not damaged during transport. If the Goods were delivered in an original packaging, they should be returned in the same packaging.

7.6. The costs of packaging, sending the Goods back to the seller and the risk involved shall be borne by the Customer.

7.7. The value of returned Goods shall be reimbursed, at the latest, within 14 days onto the Customer's bank account, counting since the day on which a corresponding declaration was provided and the undamaged Goods delivered. The Customer shall not send the Goods COD (cash on delivery).

7.8.  Lady's Nails Cosmetics reimburses the costs of the cheapest postage offered in the Shop. It refers to the costs of postage to the Customer. The costs of postage from the Customer to the Shop shall be borne by the Customer. Lady's Nails Cosmetics is not obliged to reimburse any additional costs borne by the Customer.

VIII. Complaints involving the Goods

8.1. As a seller, Lady's Nails Cosmetics is responsible towards the Customer who is a consumer within the meaning of Article 22[1]  of the Civil Code, for any incompatibility of the Goods purchased by the consumer with the Sales Contract, in the scope determined in the Law on particular conditions of consumer sales.

8.2. Complaints resulting from an infringement of the Customer's rights ensured by the law or on the basis of these Regulations shall be sent to hurtownia@kosmetyczna.com.pl. Lady's Nails Cosmetics undertakes to consider each complaint within 14 days, and - in case it proves impossible - to inform the Customer of the period during which the complaint is to be considered.

8.3. Lady's Nails Cosmetics is not the manufacturer of the Goods. The manufacturer bears the responsibility resulting from the warranty for the sold Products, on terms and during the period stipulated in the guarantee card. If the guarantee provides for such a possibility, the Customer may raise his or her claims on the basis of the guarantee directly in an authorised service, the address of which is stated in the guarantee card.
Lady's Nails Cosmetics will replace a faulty item into a faultless item immediately and with no excessive inconvenience for the buyer. If this proves impossible due to the fact that a given assortment is not available or if the Customer wants to have the money refunded, the Shop will reimburse the equivalent value of the Product to the buyer or offer other products to choose from in the Shop.


IX. Complaints involving provision of services through electronic means

9.1. Lady's Nails Cosmetics undertakes activities aiming at ensuring fully appropriate operation of the Shop in the scope resulting from current technical knowledge and undertakes to remove any irregularities reported by the Customers within a reasonable time-frame.

9.2. A Customer shall immediately inform Lady's Nails Cosmetics about any irregularities or breaks in Online Shop operation.

9.3. A Customer may report any irregularities concerning Online Shop operation in writing at the following address:
Lady's Nails Cosmetics
Al. Jana Pawła II  25/1
44-240 Żory, by e-mail at hurtownia@kosmetyczna.com.pl or through the contact form.

9.4. In his or her complaint, the Customer should state his or her full name, postal address, type and date of the occurrence of irregularity involving Shop operation.

9.5. Lady's Nails Cosmetics undertakes to consider each complaint within 14 days, and in case it proves impossible - to inform the Customer of the period during which the complaint is to be considered.


X. Final Provisions

10.1. Any possible disputes arising between Lady's Nails Cosmetics and a Customer, who is a consumer within the meaning of Article 22[1]  of the Civil Code, shall be resolved by the courts competent in accordance with the provisions of relevant articles of the Code of Civil Procedure.

10.2. Any possible disputes arising between Lady's Nails Cosmetics and a Customer, who is not a consumer within the meaning of Article 22[1]  of the Civil Code, shall be resolved by the court competent with regard to Lady's Nails Cosmetics' seat.

10.3. In cases not stipulated in these Regulations, provisions of the Civil Code, the Law on provision of services by electronic means and other relevant regulations of the Polish law shall apply.


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