TERMS AND CONDITIONS OF THE ONLINE SHOP
PART I – INTRODUCTION
§ 1 Definitions
1. Terms used in the Regulations shall mean:
a) Administrator – Slowianka limited liability company headquartered in Kraków, address: st. Józefa Marcika 4, 30-443 Kraków, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow - Śródmieście in Krakow, XI Economic Division, KRS no. 0000566272, REGON (National Business Registry Number): 362018896, NIP (Tax Identification Number): 6793113511, with a share capital of PLN 100.000,00
b) Personal data - any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person - Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and the Council from 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 (General Data Protection Regulation);
c) Client - a natural person with full legal capacity, as well as a legal person or organisational unit that is not a legal person, which is granted specific legal capacity by special regulations, who makes an Order in the Store and is the Purchaser under the Sales Agreement concluded with the Owner of the Store;
d) Consumer - any natural person who, in contracts in contracts concluded with a trader, is acting for purposes which are outside his trade, business, craft or profession. In these Regulations, the term Consumer shall also mean an entrepreneur - a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business Activity;
e) Polish Civil Code - Act of 23 April 1964 Civil Code (consolidated text: Journal of The Laws (Dz. U.) of 2022, position: 1360 as further amendments);
f) Regulations - these Terms and Conditions for the provision of electronic services in the online shop www.sklep.słowianka-nails;
g) Online Store or Store - an Internet service available at www.sklep.slowianka-nails.pl, through which the commercial offer is presented and the Order process is carried out leading to the conclusion of the Sales Agreement;
h) Goods – products presented in the Online Shop meeting the definition in art. 2 pkt. 4a of the Consumer Rights Act and article 2(1) Directive (EU) 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC
i) Price - the value expressed in monetary units that the Client is obliged to pay to the Shop Owner for the digital content, digital service or goods and, in relation to the digital content or digital service, also the digital representation of value;
j) Digital content - means data which are produced and supplied in digital form
k) Digital service – within the meaning of Article 2(5a) of the Consumer Rights Act in relation to Article 2(2) Directive (EU) 2019/770 of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services, a service that allows the consumer to:
1) create, process, store or access data in digital form,
2) share digital data which has been uploaded or created by the consumer or other users of the service,
3) interact in another way with data in digital form.
l) Functionality – as defined in Article 2(5f) of the Consumer Rights Act: the ability of digital content, a digital service or a good to perform its functions, considering its intended use;
m) interoperability – means the ability of the digital content, digital service or goods to function with hardware or software different from those with which digital content, digital services or goods of the same type are normally used;
n) VOD platform - an appropriate part of the interface of an Online Shop website through which the Client can browse digital content shared by the Owner of the Store. Access to paid content placed on the VOD platform (e.g. training materials) is possible only for users who have purchased access to it on the basis of a Sales Agreement.
o) Sales Agreement - a contract for the sale of Goods, as defined by the Polish Civil Code, concluded with the use of the Internet Shop between the Shop Owner (seller) and the Client (buyer);
p) Consumer Rights Act – Polish Act of 30 May 2014 on consumer rights (consolidated text: Journal of The Laws (Dz. U.) of 2020, position: 287 as further amendments);
q) PIT Act - of 26 July 1991 on Personal Income Tax rights (consolidated text: Journal of The Laws (Dz. U.) of 2022, position: 2647 as further amendments);
r) VAT Act - Law of 11 March 2004 on Value Added Tax (consolidated text: Journal of The Laws (Dz. U.) of 2022, position: 931 as further amendments);
s) Shop Owner - Slowianka limited liability company headquartered in Kraków, address: st. Józefa Marcika 4, 30-443 Kraków, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow - Śródmieście in Krakow, XI Economic Division, KRS no. 0000566272, REGON (National Business Registry Number): 362018896, NIP (Tax Identification Number): 6793113511, with a share capital of PLN 100.000,00 which is the selling party under the Sales Contract concluded with the Client. In addition,
the Shop Owner is the arranger of the delivery of the Goods on the basis of the mandate granted by the Client;
t) Order - a declaration of intent by the Client aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods and the manner of delivery.
§2 General provisions
1. These Terms and Conditions set out the rules for the use of the Online Shop available at www.sklep.slowianka-nails.pl.
2. These Regulations are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
3. The Online Shop, operating at www.sklep.slowianka-nails.pl, is operated by the Shop Owner. The Internet Shop makes it possible to conclude contracts exclusively with the Shop Owner. All offers and invitations to submit offers within the meaning of Article 71 of the Polish Civil Code placed in the Internet Shop come from the Shop Owner.
4. These Regulations set out in particular:
a) the rules for registration and use of an account within the Online Shop;
b) terms and conditions for online ordering from the Online Shop;
c) the rules for the conclusion of Sales Agreements using the services provided by the Online Shop;
d) concluding a contract for the provision of digital content or a digital service within the Online Shop.
5. The use of the Online Shop is possible on the requirement that the data communication system of the device with Internet access meets the necessary technical requirements, which include the need to use a currently supported Internet browser on your device:
a) Microsoft Edge
e) Mozilla Firefox
6. Clients may access these Regulations at any time via the link on the homepage of www.sklep.slowianka-nails.pl and download, copy, store or record them electronically and make printouts.
7. Information about the Goods given on the Shop's websites, in particular their descriptions, technical and usable parameters and prices, constitute only an invitation to conclude a contract, within the meaning of Article 71 of the Polish Civil Code.
8. The price information given on www.sklep.slowianka-nails.pl is binding and does not change only from the moment the order is summarised on the online platform of the Seller's shop and the order is placed with the obligation to pay by pressing the "Order and pay" button.
9. If the delivery address is situated beyond the borders of the Republic of Poland, the provisions of paragraph 8 do not apply due to the impossibility of determining the shipping costs precisely at the time of placing the order by the Client. At the same time, the Client accepts the obligation to bear the shipping costs. The costs of order delivery are calculated by the Shop Owner based on the appropriate tariff of the shipper (DHL), depending on the dimensions of the order and the place of delivery. The Goods are suitable only for the purpose designated by their ordinary use, which should be understood as any use for which the Goods may be intended due to their characteristics and properties.
10. If the Shop Owner provides a guarantee for the offered goods, information about this fact will be included in the description of the goods. Rights under the guarantee do not limit the rights of the Client under the warranty specified in Book III, Title XI, Section II of the Polish Civil Code Act. The regulations of Chapter 5a of the Consumer Rights Act apply to the Client who is a Consumer or Entrepreneur on consumer rights.
11. As part of the electronic services provided via the Online Shop, the Shop Owner (service provider) provides:
a) creation of a Shop user account,
b) concluding Sales Agreements via the Online Shop,
c) posting of product opinions by Clients.
§3 Terms and conditions of using the Online Shop
1. The use of the Online Shop, particularly the conclusion of Sales Agreements, requires registration or provision of the prescribed identification data, in particular:
a) name, company, or business name,
b) e-mail address,
c) address of residence or registered office,
d) delivery address,
e) Tax Identification Number in case of business entities,
f) other necessary data for processing the Order, in particular for issuing a VAT invoice or transport documents.
2. Registration is done by completing and accepting the registration form available on the tab at www.sklep.slowianka-nails.pl.
3. Registration implies acceptance of these Terms and Conditions.
4. The Shop Owner may refuse or deprive the Client of the right to use the Online Shop, as well as temporarily restrict access to part or all of the Online Shop's resources, with immediate effect, in the event that the Client violates the Regulations, and in particular if the Client:
a) provided incorrect, inaccurate or out-of-date data when registering for the Online Shop, which is misleading or infringes the rights of third parties,
b) committed an infringement of personal rights of third parties via the Online Shop,
c) has acted in any other way that is unlawful or immoral.
5. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Shop, the Shop Owner shall take technical and organisational measures appropriate to the level of security risk of the provided services, in particular the means to prevent the acquisition and modification by unauthorised persons of personal data sent electronically.
6. The Shop Owner allows Clients to publish their opinions on the products available in the Online Shop. The opinion section is located below the product description in the Shop. An opinion, to be published, must meet the following criteria:
a) an opinion shall only be published from a Client who has actually purchased the Goods on which the opinion is posted,
b) the content of an opinion shall not contravene good morals or infringe the personal rights of any natural or legal person, in particular it shall not contain terms generally regarded as offensive or vulgar, as well as not being unlawful, in particular, fulfilling the elements of a criminal offence or constituting an act of unfair competition,
c) trade names or trademarks from anyone other than the Shop Owner may not be included in the opinion content.
7. The Shop Owner verifies the posted opinions in such a way that only opinions from users who are Clients and have purchased the product are accepted for publication.
8. The Shop Owner does not use an automatic verification mechanism for the user posting an opinion. Verification is performed manually by the shop staff by checking in the system processing order information whether the user publishing an opinion has purchased the products on which he is posting an opinion.
9. The Shop Owner accepts for publication all opinions that meet the criteria indicated in paragraph 6, regardless of whether the Client speaks positively or negatively about the product in the opinion.
10. The Shop Owner will endeavour to ensure that any opinions posted in the Shop come from actual Clients of the Online Shop. The Shop Owner does not allow the publication of opinions from persons who are not Clients of the Online Shop, and does not undertake actions consisting of ordering the publication of opinions about products to other entities in the Online Shop for a fee.
11. The Shop Owner allows the Client to make complaints about services provided electronically - the operation of the Online Shop. Complaints are dealt with within 14 days of their submission. Complaints should be sent to the following contact data: by mail to the address ul. Józefa Marcika 4, 30-443 Kraków or by e-mail to [email protected].
12. The Online Shop service is available to Clients only from Monday to Friday, at 9 a.m. to 5 p.m.
PART II – SALE OF GOODS
§4 Procedure for concluding a Sales Agreement
1. In order to conclude a Sales Agreement via the Online Shop, it is necessary to visit the website www.sklep.slowianka-nails.pl, make a selection of Goods - place an Order, by taking subsequent technical actions based on messages displayed to the Client and information available on the website.
2. Selection of the Goods ordered by the Client is made by adding them to the cart.
3. During the ordering process - until the "Order and pay" button is pressed - The Client has a possibility to modify the data entered, in particular concerning the place of delivery and the quantity of the Goods. To do this, the Client should follow the messages presented to him and the information available on the current page of the Online Shop.
4. After the Client who uses the Online Shop has entered all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will contain information concerning:
a) subject of the contract,
b) unit price and the total price of the products ordered, including delivery costs stated separately and additional costs, if any,
c) selected payment method,
d) data contained in the VAT invoice,
e) selected delivery method and place,
5. For the Client to submit an offer to conclude a Sales Agreement, it is necessary to send an Order, which is preceded by accepting the content of the Regulations, providing data marked as mandatory and pressing the " order and pay" button.
6. Pressing the "Order and pay" button completes the Order process and is understood as a declaration of intent by the Client to pick up the selected goods and pay their price (including delivery costs).
7. The Client receives an Order confirmation email containing a final statement of all the essential elements of the Sales Agreement. After receiving the confirmation, the Client has the right to modify or cancel the Order, effective with the content of the Contract of Sale, only by contacting the Online Shop staff, via the Online Shop's e-mail address. A modification or cancellation is
effective with respect to the Shop Owner only if the relevant confirmation is received from the Shop Owner at the Client's e-mail address.
8. The Sales Agreement is considered concluded from the moment the order confirmation is received. The Client and the Shop Owner are bound by the contents of the order confirmation, unless the Client modifies or cancels the Order in the manner provided for above.
9. By concluding a Sales Agreement, in particular by clicking the "Order and pay" button, the Client grants the shop owner the authorization to conclude a contract for the delivery of the Goods on his behalf and for his account, with the entity indicated according to the delivery option selected by the Client. The client is obliged to repay the delivery costs incurred on his/her behalf. The funds transferred for this purpose do not constitute revenue for the Shop Owner within the meaning of the PIT Act and do not constitute payment for sales within the meaning of Article 29a of the VAT Act, and therefore do not increase the tax base for value added tax. This authorisation serves to minimise the costs of postage and does not burden the Client additionally in any way.
1. Delivery of the Goods takes place in the Republic of Poland and the countries of the European Union to the address indicated by the Client during the Order submission process.
2. Delivery of the ordered Goods is made by parcel service.
3. Delivery of Goods ordered from the Online Shop is provided:
a) on the territory of Poland via InPost parcel service (or a distributor or a representative of the Shop Owner) - delivery time maximum 2-3 working days - price 14.00 PLN cash on delivery, 12.00 PLN by bank transfer,
b) outside Poland after prepayment - to EU countries via GLS parcel service - 3-4 working days - price 40-180 PLN depending on weight and country zone,
4. The transfer of the Goods for delivery takes a maximum of 2 working days calculated from the moment the Order is correctly placed and the payment is credited to the Shop Owner's bank account in the amount of the price for the Goods and the delivery costs. Orders placed after 2 p.m. are forwarded for delivery on the next working day.
5. Recording, securing, making available and confirming to the Client the essential provisions of the Sales Agreement of the Goods shall take place by sending to the Client at the e-mail address provided and by attaching to the package containing the Goods a printout of the confirmation, the Order specification and a receipt for natural persons and a VAT invoice for entrepreneurs, keeping in mind the provisions on tax on goods and services.
6. The Shop Owner's obligation is to deliver goods free of defects in accordance with the contract.
§6 Duties and taxes
1. Goods purchased in the Store which are shipped outside the borders of the European Union countries or outside the Republic of Poland may be subject to additional duties, excise charges or
other taxes in the country of destination. The prices of the Goods and the costs of delivery are not inclusive of such taxes or duties, which shall be paid by the Client.
2. The amount of the above duties or taxes may be based on the actual (market) value of the Goods (excluding discounts, rebates and promotions) and the cost of insuring the parcel - not the amounts paid by the Client.
§7 Prices and payment methods
1. The prices of the Goods and digital content or services are given in PLN and include all components, including VAT (distinguishing the rate). The price does not include customs duties or taxes related to shipping the Goods outside the territory of Poland. The price also does not include costs of delivery or insurance of the Goods.
2. Client has the possibility to pay the price:
a) by bank transfer to the bank account number: BZWBK: 29 1090 1838 0000 0001 3504 4200,
b) payment through the system Przelewy 24.
3. The title of payment should include data identifying the Sales Agreement or Order, and at least the Order number or Sales Agreement number indicated in the e-mail confirming the submission of the Order.
4. If the Client chooses to pay by traditional bank transfer to the account number indicated in paragraph 2, the order will be forwarded for delivery only after the transfer is recorded in the Shop Owner's bank account. If the transfer is not recorded in the Shop Owner's bank account within 7 days from the date of the order, the Shop Owner will send a request to the Client's e-mail address indicated on the order form to make the payment or submit a confirmation of the transfer within 7 days of receiving the message under pain of withdrawal from the contract by the Shop Owner.
5. If the Client does not comply with the request specified in paragraph 4, the Shop Owner may withdraw from the contract. The withdrawal declaration must be sent to the Client's email address specified at order placement.
PART III – CONSUMER SALES, RIGHT OF WITHDRAWAL
The regulations contained in this part are only applicable to contracts concluded with a Client who is a Consumer.
§8 Right of withdrawal from a distance contract and off-premises contract concluded with the Shop Owner
1. Right of withdrawal:
a) the Consumer has the right to withdraw from this contract within 14 days without giving any reason, and within 30 days in the case of a contract concluded during an unscheduled visit to the consumer's residence or usual place of stay or excursion.
b) the withdrawal period shall expire after 14 days and, in the case of a contract concluded during an unscheduled visit to the consumer's residence or usual place of stay or excursion, after 30 days, from the date:
1) in the case of service contracts or contracts for the supply of water, gas or electricity, where they are not supplied in a limited volume or set quantity, the supply of heat or the supply of digital content which is not supplied on a durable medium, from the date of conclusion of the Contract,
2) for a contract obliging to transfer ownership of the Goods (e.g. Sales Agreement, contract for specific work concerning Goods), from the date on which the Consumer took possession of the Goods or on which a third party other than the carrier and indicated by the Consumer took possession of the Goods,
3) in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately, from the day when the Consumer acquires possession of the last item or when a third party other than the carrier and indicated by the Consumer acquires possession of the last item,
4) for a contract requiring the transfer of ownership of goods supplied in instalments or parts, on the day when the Consumer acquires possession of the last instalment or part or when a third party other than the carrier and indicated by the Consumer acquires possession of the last instalment or part,
5) in case of contracts for regular delivery of goods over a defined period of time, on the day when the Consumer acquires possession of the first item or when a third party other than the carrier and indicated by the Consumer acquires possession of the first item.
c) To use the right of withdrawal, the Consumer must inform the Shop Owner about his decision to withdraw from this contract by an unequivocal statement (letter sent by post or e-mail) to the following contact details: Slowianka sp. z o.o., st. Józefa Marcika 4, 30-443 Kraków, email: [email protected];
d) The Consumer can use the model withdrawal form, but this is not compulsory. The Consumer may also fill in and send a withdrawal form or any other unequivocal statement electronically on the Shop Owner's website [slowianka-nails.pl]. If the Consumer chooses this option, the Shop Owner shall immediately send the Consumer an acknowledgement of receipt of the withdrawal information on a durable medium (by e-mail);
e) To comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the execution of his right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal:
a) In the case of withdrawal from this Agreement, the Shop Owner shall reimburse to the Consumer all payments received from the Consumer, including the costs of delivery of the goods (with the exception of additional costs arising from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Shop Owner), immediately and in any case no later than 14 days from the date on which the Shop Owner was informed of the Consumer's decision to exercise the right of withdrawal.
Reimbursement will be made using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution; in any case the Consumer will not incur any fees in connection with this reimbursement. The Shop Owner may withhold the refund until it has received the goods or until it has provided the Shop Owner with proof of return, whichever event occurs first.
3. If the Consumer has received Goods in connection with a contract:
a) he should send back or hand over the goods to the Shop Owner immediately and in any case no later than 14 days from the day on which the Consumer informed the Shop Owner of the withdrawal from the Agreement. This term is kept if the Consumer sends back the goods before the expiry of the 14 days,
b) the Consumer is obligated to pay the direct costs of returning the Goods,
c) the Consumer shall only be responsible for any decrease in the value of the goods resulting from use other than what is necessary to ascertain the nature, characteristics and functioning of the Goods,
d) in case of service contracts, if the Consumer demands the commencement of service provision before the expiry of the withdrawal period, the Consumer shall pay to the Shop Owner an amount proportional to the extent of the services provided until the moment the Consumer informed the Shop Owner of the withdrawal from the Contract.
4. The right of withdrawal from an off-premises or distance contract does not apply to the Consumer in contracts:
a) for the service contracts for which the Consumer is liable to pay the price, if the trader has performed the service in full with the express and prior consent of the Consumer, who has been informed before the performance starts that after the Shop Owner's performance he will lose the right of withdrawal, and has acknowledged it,
b) where the price or remuneration depends on financial market fluctuations beyond the Shop Owner's control and which may occur before the end of the withdrawal period,
c) where the subject of the contract is a non-refabricated good made to the Consumer's specification or intended to meet the Consumer's individual needs,
d) in which the subject of the contract is a perishable good or a good with a short shelf life,
e) where the subject of the contract is a good supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery,
f) in which the subject of the contract are goods which are, by their nature, inseparably mixed with other goods after delivery,
g) where the subject of the contract is alcoholic beverages, for which the price has been agreed at the time of the conclusion of the Sales Agreement, which can only be delivered after 30 days and whose value is dependent on fluctuations in the market which cannot be controlled by the trader,
h) in which the Consumer has expressly requested for the Shop Owner to visit him in order to carry out urgent repairs or maintenance; if the trader provides additional services other
than those the Consumer has requested or supplies goods other than replacement parts necessary for the performance of the repair or maintenance, the right of withdrawal shall apply to the consumer in respect of the additional services or goods,
i) where the subject of the contract is a sound or visual recording or computer software supplied in sealed packaging, if the packaging is opened after delivery,
j) for the supply of newspapers, periodicals, or magazines, except for a contract for the subscription of said,
k) concluded by public auction,
l) for the provision of accommodation, other than for residential purpose, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the date or period of the service provision is specified in the contract,
m) for the delivery of digital content not delivered on a durable medium, for which the Consumer is obliged to pay the price, if the Shop Owner has started the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the Shop Owner has provided the service, he will lose the right to withdraw from the contract, and acknowledged it, and the Shop Owner provided the Consumer with confirmation of the conclusion of the contract on a durable medium,
n) for service contracts for which the Consumer is obliged to pay the price, for which the Consumer has expressly requested the Store Owner to come to him for repair, and the service has already been fully performed with the Consumer's express and prior consent.
§9 Responsibility of the Shop Owner for the compliance of the Goods with the contract
1. The Goods are compliant with the contract if they meet the conditions indicated in art. 43b of the Consumer Rights Act, i.e.:
a) its description, type, quantity, quality, completeness and functionality remain in accordance with the contract, and in the case of goods with digital elements also compatibility, interoperability and availability of updates;
b) are suitable for the specific purpose required by the Consumer, of which he informed the Shop Owner at the latest at the time of concluding the contract and this purpose was accepted by the Shop Owner;
c) are suitable for the purposes for which goods of this type are usually used, taking into account the law and good practice;
d) are present in such quantity and has such features, including durability and safety, if it contains digital elements: compatibility, interoperability, which are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance of the Shop Owner, his legal predecessors or persons acting on its behalf, as to its properties, submitted in an advertisement or label, unless:
1) the entrepreneur was not aware of the given public assurance and, judging reasonably, could not have known about it,
2) prior to the conclusion of the contract, the public assurance was rectified in the same or comparable form in which it was submitted,
3) the public assurance did not affect the Consumer's decision as to the conclusion of the contract;
e) are delivered with packaging, accessories and instructions that the Consumer can reasonably expect;
f) are of the same quality as the sample or pattern presented to the Consumer before the conclusion of the contract and corresponds to the description of the previously presented sample or pattern.
2. The Shop Owner is responsible for the lack of conformity of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the entrepreneur is longer. The lack of conformity of the Goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the Goods or the nature of the lack of conformity of the Goods with the contract.
3. The Shop Owner cannot invoke the expiry of the deadline indicated above if the lack of compliance with the contract has been fraudulently concealed.
4. With regard to Goods with digital elements, the Shop Owner is responsible for the lack of compliance with the contract of digital content or digital service provided continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period may not be shorter than two years from the moment of delivery of the Goods with digital elements. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.
5. In the event of non-compliance of the Goods with the contract, the Consumer has the rights indicated in art. 43d and 43e of the Consumer Rights Act:
a) request repair or replacement of the Goods:
1) the Shop Owner may make repairs when the Consumer requests a replacement and vice versa, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs. If repair or replacement is impossible or requires excessive costs, the Shop Owner may refuse to bring the Goods into compliance with the contract
2) the Shop Owner repairs or replaces it within a reasonable time, at its own expense and in the least burdensome way for the Consumer,
3) the consumer provides the Shop Owner with the goods subject to repair or replacement, which the Shop Owner collects at his own expense;
b) If the Goods are inconsistent with the contract, the Consumer may submit a statement of price reduction or withdrawal from the contract when:
1) the Shop Owner refused to bring the Goods into compliance with the contract in the manner specified in point and,
2) the Shop Owner did not bring the Goods into compliance with the contract in accordance with point and,
3) the lack of conformity persists, even though the Shop Owner has tried to bring it into compliance with the contract,
4) the lack of conformity is significant enough to justify a price reduction or withdrawal from the contract without prior use of the means listed in point (a). and,
5) it is clear from the Shop Owner's statement or circumstances that he will not bring the goods into compliance with the contract;
c) the Consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant;
d) the reduced price must be in the same proportion to the contract price as the value of the non-conforming Goods is to the value of the compliant Goods.
e) If the lack of conformity concerns only some of the Goods delivered under the Contract, the Consumer may withdraw from the contract in respect of them as well as in respect of other Goods purchased under the same contract, if the Consumer cannot reasonably be expected to agree to keep the Goods in conformity with the contract;
f) In the event of withdrawal from the contract, the consumer immediately returns the Goods to the Shop Owner at his expense. The Shop Owner returns the price to the Consumer immediately, not later than within 14 days from the date of receipt of the Goods or proof of sending them back.
g) The price is returned in the same way as the Consumer paid it, unless he expressly agreed to a different method that does not involve any costs for him.
6. Complaints should be sent in writing to the following address: ul. Józefa Marcika 4, 30-443 Kraków, via email: [email protected].
7. The Shop Owner is obliged to respond to the complaint within 14 days from the date of its receipt. Failure to respond within the indicated period is tantamount to accepting the complaint.
8. Submitting a complaint under the warranty does not exclude the Shop Owner's liability for non-conformity of the Goods with the contract resulting from the warranty and vice versa.
9. The Shop Owner is not responsible for the non-compliance of the Goods with the contract in the scope referred to in section 1, if the Consumer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the goods deviates from the requirements set out in section 1 and this fact has been expressly and separately accepted.
PARTIV - AGREEMENTS FOR THE SUPPLY OF DIGITAL CONTENT OR DIGITAL SERVICES
§10 Delivery of digital content or digital service
1. The digital content offered by the Store Owner is training materials in the form of video (hereinafter: Content).
2. The Content is made available to the Consumer using a special VOD platform, which allows viewing the Content only online for the time indicated in the course description. The Consumer is not able to download the Content to his device.
3. The condition for obtaining access and the ability to play the Content is having access to the Internet connection.
4. After making a purchase, the Consumer will receive detailed instructions on how to access digital Content on the VOD platform. In addition, the manual is available at _____________________.
5. The Shop Owner provides the Consumer with digital content immediately after the conclusion of the contract, unless the parties have agreed otherwise.
6. After making a purchase, the Consumer will receive detailed instructions on how to access digital content on the VOD platform.
7. Content is considered delivered when the Content or the means of access to it have been made available to the Consumer or his device or when the Consumer or his device has gained access.
8. A digital service is considered delivered when the Consumer or his device has access to it.
9. The Consumer has the option of viewing digital content on the VOD platform for the time indicated in the description of the given digital content on the Shop's website.
10. In order to be able to use the digital content provided under the agreement, the Consumer's device should meet the following technical requirements:
a) the ability to play video and audio,
b) having constant access to the Internet connection - access to content without an Internet connection is not possible,
c) having a connected pointing device that allows interaction with the interface of the VOD platform, and thus viewing the content (keyboard and mouse or touch screen),
d) installing a web browser supported by the operating system of the device on the device. The Shop Owner guarantees the compatibility of the Content with the following browsers installed in the version currently supported by the browser provider:
1) Google Chrome,
2) Microsoft Edge,
3) Mozilla Firefox,
e) The Shop Owner does not exclude the possibility of playing the Content also on other web browsers, if its technical parameters correspond to those listed in point d, however, the Shop Owner provides ongoing support for the compatibility and proper operation of the Content only with the browsers listed in point d.
11. The Shop Owner ensures that it is possible to access the Content only in the case of correct installation and configuration of the programs and devices indicated in section 10.
12. The Shop Owner is responsible for failure to provide the Content in a situation where access to them is not possible for reasons attributable solely to the Shop Owner.
13. In the event of problems in obtaining access to the Content by the Consumer, he is obliged to inform the Shop Owner about this fact and cooperate with him in determining the cause of technical problems. The activities indicated in this paragraph will be carried out in a manner and with the use of technical means that are the least burdensome for the Consumer.
14. Due to the provision of online content, the Shop Owner does not require the Consumer to install Content updates.
15. The Consumer's digital environment through which he/she gains access to the Content, and whose technical requirements are specified in section 10, for the possibility of proper use of the Content, must be in accordance with the content of section 10 for the entire duration of the contract.
16. The Consumer hereby agrees to provide him with a document confirming the conclusion of the contract in documentary form to the email address provided in the order form.
17. The Consumer agrees to start providing the Content before the expiry of the 14-day withdrawal period and is aware of the loss of the right to withdraw from the contract within 14 days without giving a reason.
§11 Contract for the delivery of digital content or digital service to Consumers
The provisions of this paragraph apply only to the Client who is a Consumer.
1. If the Shop Owner does not provide the Content immediately or within the time agreed with the Consumer, the Consumer calls on the Shop Owner to deliver them.
2. If, after receiving a request from the Consumer to provide the Content, the Shop Owner does not deliver the Content immediately or within the period agreed with the Consumer, the Consumer may withdraw from the contract.
3. The consumer may withdraw from the contract without requesting the delivery of the Content if:
a) it is clear from the Shop Owner's statement or circumstances that he will not provide digital content or digital service,
b) The parties agreed or the circumstances clearly show that the specified date of delivery of the Content was of significant importance to the Consumer, and the Shop Owner did not deliver them on time.
4. The content is compliant with the contract, if the conditions indicated in art. 43k of the Consumer Rights Act, i.e.:
a) their type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates are in accordance with the contract;
b) they are useful for a specific purpose of the Consumer, about which he informed the Shop Owner and obtained his approval;
c) they are suitable for the purposes for which Content of this type is usually used, taking into account the law and good practice;
d) occur in quantity and have such features, including functionality, compatibility, continuity and security, which are typical for Content of this type and which the Consumer may reasonably expect, taking into account the nature of the Content and the public assurance given by the Shop Owner, its legal predecessors or persons acting on its behalf, unless:
1) he did not know about this assurance and judging reasonably, he could not have known about it,
2) before the conclusion of the contract, the assurance was rectified in the manner and form in which it was made or in a comparable manner,
3) did not affect the Consumer's decision to conclude the agreement;
e) are supplied with accessories and instructions that the Consumer can reasonably expect;
f) comply with the trial version or the announcement made available to the Consumer before the conclusion of the contract by the Shop Owner.
5. The Shop Owner is not responsible for the lack of compliance of the Content with the contract in the scope of section 4, if the Consumer, no later than at the time of concluding the Agreement, was clearly informed that a specific feature of the Content deviates from the requirements of compliance with the agreement indicated in section 4, and the Consumer clearly and separately accepted this fact.
§12 The Shop Owner's responsibility for the compliance of the digital content or digital service with the contract concluded with the Consumer.
The provisions of this paragraph apply only to the Client who is a Consumer.
1. The Shop Owner is responsible for the lack of compliance of the Content with the contract provided once or in parts, which existed at the time of their delivery and became apparent within two years from that moment. It is presumed that the lack of conformity of the Content with the contract, which became apparent within one year from the delivery of the digital content or digital service, existed at the time of delivery.
2. The Shop Owner may not invoke the expiry of the deadlines set out in section 1 if this deficiency was deceitfully concealed.
3. The Shop Owner is responsible for the non-compliance of the Contents provided continuously with the contract, which occurred or became apparent at the time when, in accordance with the contract, they were to be delivered. It is presumed that the lack of compliance of the Content with the contract occurred at that time, if it became apparent at that time.
4. The presumptions indicated in sections 1 and 3 do not apply if:
a) the Consumer's digital environment is not compatible with the technical requirements indicated in §10 section 10,
b) The consumer, informed in a clear and understandable way before concluding the contract about the obligation to cooperate with the Shop Owner, to a reasonable extent and using the least onerous technical measures, in order to determine whether the lack of compliance of the digital content or digital service with the contract in a timely manner results from the characteristics of the Consumer's digital environment, does not perform this obligation.
5. If the Content is inconsistent with the contract, the Consumer may demand that they be brought into compliance with the contract. However, the Shop Owner may refuse to bring the Content into compliance with the contract if bringing them to a state of compliance is impossible or would require excessive costs for the Shop Owner.
6. If the Content is inconsistent with the contract, the Consumer may submit a statement of price reduction or withdrawal from the contract if:
a) bringing the Content into compliance with the contract is impossible or requires excessive costs from the Shop Owner,
b) The Shop Owner fails to comply with the contract in accordance with section 5,
c) the lack of compliance of the Content still occurs, even though the Shop Owner has tried to bring it into compliance with the contract,
d) the lack of conformity of the Content is significant enough to justify a price reduction or withdrawal from the contract without resorting to the measure referred to in section 5,
e) it is clear from the Shop Owner's statement or from the circumstances that he will not bring the Content into compliance with the contract within a reasonable time and without undue inconvenience to the Consumer.
7. The Consumer may not withdraw from the contract if the lack of compliance of the Content with the contract is insignificant. It is presumed that the lack of compliance of the Content with the contract is significant.
8. The Shop Owner will make changes to the Content during the term of the contract to the extent only necessary to maintain its compliance with the contract.
PARTV - RULES FOR PROMOTIONS AND DISCOUNTS, OUTLET
§13 The way of implementation of the promotion
1. The Shop Owner provides for the possibility of lowering the prices of the Goods and digital content or services offered in the Store as part of the promotion at its own discretion, by publishing a discount code on the website.
2. The Client who wants to take advantage of the discount as part of the promotion should enter the promotional code published on the Shop's website after going to the "Cart" in the "Apply discount code" section below the summary. After entering the correct discount code, the price indicated in the summary should change, in accordance with the content of the promotion activated with the code and announced on the Shop’s website.
3. The use of the promotional code is voluntary, and each use of the promotion requires entering the code.
4. Promotions apply to all Goods except:
a) Afinia Tables,
b) Training courses,
c) products from the Outlet,
d) product sets,
e) already discounted products,
f) products covered by other promotions.
5. Promotions and discounts cannot be combined.
1. Goods sold as part of the Outlet are goods with only minor damage to the packaging, while the goods themselves retain all their properties, the same as the identical goods sold outside the Outlet.
2. The Shop Owner will include information on possible damage to the packaging in the description of the Goods.
3. In the case of Goods from the Outlet, the characteristics of a specific product indicated in the description in the form of damage to the packaging do not constitute its defects.
PARTVI - FINAL PROVISIONS
§15 Amendments to the Regulations
1. The Shop Owner reserves the right to amend these Regulations in the event of at least one of the following reasons:
a) a change in the functioning of the sales services offered by the Shop Owner; including withdrawal of the service to which the provisions of the Regulations apply,
b) introduction by the Shop Owner of new Goods or services to which the provisions of the Regulations will apply;
c) changing the IT systems used to handle the products and services offered by the Shop Owner to which the provisions of the Regulations apply,
d) change in the law in the scope covered by the activities of the Shop;
e) change of tax regulations or accounting principles applied by the Shop Owner,
f) change or issuance of new court decisions, decisions of administrative bodies, recommendations or recommendations of authorized bodies, including the National Competition Authorities or European Commission - to the extent related to the performance of the contract or the Regulations,
2. The Shop Owner informs the Client about the proposed changes to the Regulations no later than 14 days before their entry into force.
3. If the Client does not agree to the changes to the Regulations, he may terminate the Regulations with immediate effect, however, the Regulations in the wording before the changes shall apply to sales agreements concluded before the termination of the Regulations.
4. Changes to the journals of laws of legal acts indicated in the Regulations do not result in the need to amend the Regulations.
5. In matters not covered by these Regulations, the applicable provisions of law shall apply, in particular the Civil Code and the Consumer Rights Act and acts of European Union law, which are inter alia: Directive 2011/83/EU of 25 October 2011, Directive (EU) 2019/771 of 20 May 2019, Directive (EU) 2019/770 of 20 May 2019, Directive (EU) 2019/2161 of 27 November 2019.
6. The legal relationship arising under this contract shall be governed by the law applicable to the Shop Owner's place of registered office. If the buyer is a Consumer residing in the European Union, a choice of law may not, however, have the result of depriving the Consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of article 6 paragraph 1 of the regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
APPENDIX 1 - WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
- Recipient Slowianka Nail Trends, ul. Myśliwska 50, 32-500 Balin
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific task involving the performance of the following goods(*)/for the provision of the following service (*)
- Date of contract conclusion(*)/receipt(*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete where not applicable.