- Terms and Conditions mean the terms and conditions of sale at the PAESE Online Store.
- The Seller is Euphora Spółka z ograniczoną odpowiedzialnością Sp. K. (Limited liability company, Limited partnership) (formerly: Euphora Grzegorz Wnęk Sp. J. (General partnership)), ul. Wielicka 28, 30-552 Kraków, entered into the Register of Businesses kept by the District Court for Kraków Śródmieście (Kraków – City Centre) in Kraków, XI Division of the National Court Register (KRS) under KRS No. 0000789381, NIP (Tax ID): 679-299-26-28, REGON (Business ID): 120814037, mailing address: Euphora Spółka z ograniczoną odpowiedzialnością Sp. K. (dawniej Euphora Grzegorz Wnęk Sp. J.), PAESE Cosmetics, ul. Wielicka 28 II piętro, 30-552 Kraków.
- The Customer is an adult natural person, a legal person or a non-incorporated organisational unit using the Online Store operated by the Seller.
- The Online Store is a website operated and managed by the Seller, and used by the Customers to submit to the Seller their purchase offers for the products shown on the website according to the price conditions specified there.
- The sale price is the price of the product including all fees and taxes, but excluding the costs of delivery. The sale price is stated in EUR.
- The Consumer is the Customer who concludes a sales contract for a purpose that is not related directly to their business or professional activity.
- In order to use the Online Store, it is necessary for the Customer to use a device equipped with an Internet browser with access to the Internet, and to have an active e-mail account.
- The Customer who is a Consumer may withdraw from the contract of sale on the conditions specified in the INFORMATION CONCERNING THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT available HERE The Customer who is a Consumer declares that they have read and understood that information.
- Customer Registration.
- In order to conclude a sales contract, the Seller makes it possible for the Customer to register in the Online Store.
- Customer registration consists in completing the form available on the website and activating the account in the IT system of the Online Store by launching in a web browser the website that can found at the URL address provided in the message sent by the Seller to the Customer.
- The Customer is obliged to keep confidential their necessary login data. The Seller is not be liable for any damage caused by third parties that have come into possession of the necessary login data.
- By registering, the Customer confirms that they have read, understood and fully accepts the Terms and Conditions.
- The Seller reserves the right to verify the data provided by the Customer during registration by e-mail or telephone. The Seller is authorised to delete the account set up in the IT system of the Online Store if the data provided are evidently false.
II. Personal Data.
- Providing the following personal data by the Customer who is a natural person is voluntary, but necessary to conclude a sales contract:
a) first name and surname;
b) e-mail address;
c) shipping address if different from residential address;
e) contact telephone number;
f) NIP (Tax ID) in the case of Customers who pursue business activity.
- The Customer’s personal data are processed by the Seller acting as the controller of such personal data in accordance with the Act of 12 May 2018 on the Protection of Personal Data and Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- Further information regarding the processing of the Customer’s personal data can be found in the Personal Data Protection Policy (the PDPP) available HERE
- The Customer confirms that they have read, understood and accepts the PDPP.
- Placing Orders and Concluding a Sales Contract.
- Placing an order consists in completing a order form, available in the IT system of the Online Store.
- The sale prices of products are binding in the case of an effectively placed order, and are only valid if sales contracts are concluded in the Online Store.
- Information about the terms of delivery, including the method of delivery, delivery costs and delivery date for the products ordered can be found on the Online Store website, and the Customer has an opportunity to get acquainted with them before ordering.
- The sale price can be reduced if the Customer enters a promotional code before completing the ordering process. When placing an order, the Customer may use a promotional code only once. The use of a promotional code excludes the possibility of using other promotions, unless the terms and conditions of such promotions provide otherwise.
- The sales contract is concluded when the Seller confirms the submitted purchase offer via e-mail.
- The order can be finally processed, which is understood as sending the products ordered to the Customer, when the sale price and the delivery costs are credited to the Seller’s bank account or when the Seller receives the confirmation of payment from the entity handling electronic payments, unless the products are sent ‘cash on delivery’.
- The products ordered are delivered via courier companies or postal operators (further referred to as the “Suppliers”) with which the Seller cooperates, and selected by the Customer when placing an order.
- Delivery costs are covered by the Customer in the amount specified by the Seller when the Customer places their order.
- The products are handed over to the Supplier not later than within 2 business days after receiving the sale price (in the case of advance payment) or after the Seller confirms the Customer’s offer to purchase the products (in the case of ‘cash on delivery’ payment).
- Upon receipt of the products from the Supplier, the Customer is obliged to examine the shipment at the time and in the manner that is customary for the type of shipment, and immediately notify the Supplier of any visible damage to the packaging by filling in a complaint report or by obtaining other confirmation of the delivery-related complaint (e.g. by sending an appropriate report via a parcel locker).
- Payment Methods.
- The available payment methods are: bank transfer to the account, instant transfer, payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro). .
- If it is necessary to make a refund for the Customer’s payment card transaction, the Seller will make a refund to the bank account of the Ordering Party’s payment card.
- Order processing time for card payments is 24 hours from obtaining a positive authorisation (applies to business days).
- The entity providing online payment services is Dotpay S.A.
- Complaint Handling Procedure.
- If the Consumer finds out that the product purchased does not comply with the contract, they have the right to lodge a complaint.
- The complaint should be made in writing or sent by e-mail and contain the following:
a) a description of the product complained about;
b) identification of the defects found;
c) the Customer’s request in connection with the complaint.
- The complaint should be sent to the Seller’s mailing address specified in section I.2 of the Terms and Conditions, or by e-mail: firstname.lastname@example.org.
- The Seller is obliged to provide a written response to the complaint within 14 days of its receipt, stating the reasons for its position.
- The Customer who is a Consumer can use the following out-of-court complaint and claim handling methods, upon prior consent by the Seller:
a) a request to conduct proceedings on the out-of-court resolution of consumer disputes pursuant to the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (J. of Laws of 2016, item 1823), to the Voivodeship Inspector of Commercial Inspection in Kraków (http://www.krakow.wiih.gov.pl),
b) a request for consideration of the case by the Permanent Consumer Arbitration Court operating at the relevant Voivodeship Inspectorate of Commercial Inspection;
c) the right to use an out-of-court dispute resolution and claim exercise option in the form of the ODR (Online Dispute Resolution) interactive platform, in accordance with Regulation of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. The ODR platform is available at: ec.europa.eu/consumers/odr.
VII. Final Provisions.
- The Seller does not accept postal or courier parcels ‘cash on delivery’.
- The Seller reserves the right to amend the Terms and Conditions for valid reasons, in particular such as changes in legal regulations, relevant authorities issuing administrative acts ordering the Seller to proceed in a specific way, the court issuing a decision ordering the Seller to proceed in a specific way, changes in the technical conditions of the services rendered, changes caused by technological progress, organisational changes on the part of the Seller the effect of which is not a legal succession, changes in the Seller’s business profile.
- In the event of a change in the Terms and Conditions, the Seller will notify the Customer accordingly via e-mail. The amended Terms and Conditions will come into force after fourteen days from the date of the Customer notification, provided that the Customer does not submit a statement of non-consent regarding the amendment to the Terms and Conditions. If such a statement is made, the contract will be terminated and the Customer’s account will be deleted. The amendment to the Terms and Conditions does not affect the processing of the orders placed before the end of the above period, which will be processed in accordance with the Terms and Conditions that are currently in force.
- If the Customer is not a Consumer, then the statutory warranty for physical defects of the products sold is excluded.
- An only court competent to settle any disputes that may arise out of the sales contract is the court having jurisdiction over the Seller’s registered office. This provision does not apply to contracts concluded with the Customer who is a Consumer.
- All product descriptions and photos in the Online Store may be subject to copyright, and so their further use is prohibited without the prior written consent of the Seller.
- To issues not regulated in the Terms and Conditions, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code.
- The Terms and Conditions do not limit any Consumer rights that are guaranteed to the Consumer by the laws that apply within the territory of the Republic of Poland at the contract conclusion date, on the proviso that such laws will prevail, and the provisions of the Terms and Conditions which could restrict such rights will be excluded.