Welcome to the LAST community!
We care about your skin every day, but we also care about your rights. Therefore, we have prepared these Terms in a transparent and legal manner.
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this Website and the purchase of items through this Website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this Website.By using this Website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this Website.
If you have any questions, please contact us: office@last-skincare.com
Terms and conditions of the online store last-skincare.com
This section of the Terms and Conditions explains the most important definitions we use in the Terms and Conditions.
§1 GENERAL PROVISIONS
1.1. The Website is available at the following address: last-skincare.com (hereinafter: The Website).
1.2. Sale of the items through the Website is carried out by the LAST MILE Sp. z o.o. with its registered office in Warsaw (00-351) at ul. Zajęcza 7/1, under KRS number 0000969015, NIP 5252902733, REGON 521540983, share capital of PLN 5 000.00, e-mail address: office@last-skincare.com.
1.3. These Regulations are addressed both to the Clients who are Consumers and to the Clients who are not Consumers using the Website.
1.4. Acceptance of these Terms and Conditions is voluntary, but necessary if you want to create an account or shop on our Website.
1.5. The Regulations are made available free of charge by the Seller in the Online Store in a way that allows the Customers to get acquainted with their content and record it by printing or saving on an external carrier.
1.6. Information presented on the Website is only an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code, addressed by the Seller to the Customers, and not an offer within the meaning of the Polish Civil Code.
1.7. DEFINITIONS. All capitalized words should be understood as follows, unless the context of their use clearly indicates otherwise:
a. PROMOTIONAL ACTION – special conditions of sale or provision of services, regulated by its terms, offered by the Seller at a specified time, which the Client can take advantage of under the terms specified therein, such as for example reduction in the Price for a Product or a Promotional Set, or reduction / lack of shipping costs. Details of the Promotional Action are regulated in the Terms of the Promotional Action, in accordance with the information available within the Website.
b. BOK – the Seller’s Customer Service Office, which provides customers with information on the activities of the Website, in particular on the Products, operations of the Website, Terms and Conditions and current Promotional Actions, on working days, at hours indicated in the Website under “Contact”, at the phone numbers and e-mail addresses indicated there.
c. PRICE – the remuneration (including tax) specified in Polish zlotys (PLN) or in another currency (Euro, Dollar) due to the Seller for the transfer of ownership of the Product to the Client in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion Action valid at a given time in the Website stipulate otherwise.
d. CUSTOMER – (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he or she is obliged to obtain legally effective consent of his or her statutory representative to conclude an Agreement for the Provision of Services/Sales Agreement and to present such consent at each request of the Seller, while as a rule Sales Agreements concluded within the Website are contracts commonly concluded for minor current issues of everyday life.
e. CONSUMER – a natural person making a legal transaction with the entrepreneur which is not directly related to his/her business or professional activity.
f. ENTERPRISE – CONSUMER – a Client who is a natural person concluding an agreement directly related to his/her business activity, when the content of this agreement indicates that it is not of professional nature for him/her, in particular resulting from the subject matter of his/her business activity, in Poland made available on the basis of the provisions of the CEIDG.
g. CUSTOMER ACCOUNT – Electronic Service; a set of resources in the Seller’s ICT system, marked with an individual name (Login) and Password, provided by the Client, allowing the Client to use additional functionality/services. The Client accesses an Account using a Login and Password. The Client logs on to his Account after registering at the Website. Account allows saving and storing information about the Customer’s address data for shipment of Products, tracking Order status, access to Order history and other services made available by the Seller.
h. SHOPPING CART – a service made available to each Customer who uses the Website,consisting of enabling the Customer to easily place an Order for one or several Products, to enter discount codes enabling price reductions on the principles laid down in separate Termsof Promotional Actions, to display a summary of the price of individual Products and all Products jointly (including possible shipping costs), to send the Customer a message about products remaining in the Shopping Cart or a failed transaction (transactional email). The shopping cart stores offers submitted by the Customer for concluding a Sales Agreement, i.e.under one Order it is possible to submit more than one offer for concluding a Sales Agreement.
i. COMMUNICATOR (LIVE CHAT) – a service that enables Website Visitors and Customers contact us via instant messenger by clicking on the Chat logo.
j. LOGIN – Customer’s e-mail address provided when creating an Account.
k. NEWSLETTER – a service which enables all Clients using it to receive cyclical information from the Seller, in particular about Products, the Website, including news and Promotional Actions, to the e-mail address or telephone number provided by the Client, with the Client’s express consent.
l. PRODUCT – a movable item available on the Website, which is the subject of a Sales Agreement between the Customer and the Seller, for payment of the price.
m. AMBASSADOR PROGRAM – a program to which access can be gained after creating a Customer Account consisting of the possibility of obtaining a coupon for a Product if a third party makes a purchase in the Online Store through an affiliate link provided by the person using the Customer Account. Detailed rules of the program are described in My Account – Recommend to a friend.
n. TERMS – this document setting out the rules for the conclusion of Sales Agreements and rules of provision and use of services made available by the Seller through the Website to Customers. The Terms defines the rights and obligations of the Customer and the Seller. With regard to services provided electronically, these Terms and Conditions are the regulations referred to the Article 8 of the Polish Act of 18 July 2002 on electronic services.
o. SELLER – LAST MILE Sp. z o.o. with its registered office in Warsaw (00-351) at ul. Zajęcza7/1, under KRS number 0000969015, NIP 5252902733, REGON 521540983.
p. CONTENT / CONTENTS – text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments), which are placed and distributed within the scope of the Website by the Seller, the Seller’s contractors, the Client or another person using the Website.
q. SALE AGREEMENT – sales agreement within the meaning of the Civil Code, relating to the sale by the Seller to the Customer of the Product for payment of the Price plus any additional charges, including shipping costs, the conditions of which are specified in particular in these Terms. Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller under the conditions specified in these Terms. Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other important conditions. Each Product is subject to a separate Sales Agreement. Within the functionality of the Online Store, the Seller, for objective and justified reasons, may stipulate conclusion of only one Contract for several Products due to a direct relationship between the Products – e.g. a Promotional Set, according to the content of the Terms of the Promotional Action.
r. ELECTRONIC SERVICE – provision of services electronically within the meaning of the Polish Act of 18 July 2002 on electronic provision of services, by the Seller to the Client via the Online Store, in accordance with the Service Agreement. To the extent to which services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the regulations on the provision of services by these entities.
s. ORDER – a declaration of will of the Buyer expressing his or her direct will to conclude a Sales Agreement remotely, submitted by means of distance communication, specifying the Product with respect to which the Buyer submits an offer to conclude a Sales Agreement as well as the Buyer’s data necessary for the conclusion and performance of a Sales Agreement, if any. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). During the term of the Promotional Campaign, the Seller within the functionality of the Online Store for objective reasons may make the conclusion of one Sales Contract for several Products within a Promotional Set conditional on the direct relationship between the Products. An Order may be assigned a single number and all offers shall be processed in parallel. Acceptance of an Order implies the conclusion of a Sales Contract.
§2 RULES FOR USING THE WEBSITE
We explain what minimum technical requirements you need to meet to use our Website. Don’t worry, there aren’t so many.
2.1. The use of the Website may take place only under the terms and obligations in the scope specified in the Terms.
2.2. The use of the Website requires that the end device and the data communications system used by the Client meet appropriate technical requirements. The minimum technical requirements of the User’s device allowing full and correct use of the Website are as follow:
a. a device with access to the Internet;
b. the latest version of your web browser.
2.3. The Seller declares that it makes every effort to provide Users with constant access to the Website and provided Services. However, the Seller does not guarantee that the use of the Website will be without errors or technical interruptions. Seller reserves the right to suspend or limit access to the Website at any time, without prior notice to customers.
2.4. Seller is not responsible for the content of other sites and portals, to which the Customer may be redirected using links placed on the Website.
§3 ELECTRONIC SERVICES
We describe our electronic services and explain how to make a complaint about them.
3.1. The Seller provides the following Electronic Services to the Clients free of charge on the Website:
a. Customer’s account, in case of its registration;
b. enabling Customers to place Orders, conclude Sales Agreements, under the terms and conditions specified in these Terms;
c. presenting Customers with advertising content tailored to their interests;
d. enabling Customers to use the services of the Shopping Cart;
e. enable browsing the Content placed in the Store, including marketing content;
f. Allowing you to add feedback on specific products;
g. Instant Messenger (Live Chat);
h. Newsletter.
3.2. In addition, the Seller provides the following services free of charge through the Websitefor Customers who have created an Account:
a. maintaining the Customer’s session after the Customer logs into the Account (using the web browser);
b. storing and making available to the Customer through the Account the history of Orders;
c. tracking the Order status;
d. enable changes to the Customer’s data in the Account;
e. Enabling you to join the Ambassador Program;
f. sending reminder messages about products in the Customer’s shopping cart.
3.3. Using the Account is possible after the following steps have been completed by the Customer:
a. filling in the registration form, agreeing to process personal data, accepting the provisions of these Terms;
b. successful registration, which will be confirmed by an e-mail from the BOK.
3.4. Agreement for the provision of Services is concluded upon receipt by the Client of confirmation of Customer Account registration, sent by the Seller to the email address provided by the Client during registration. Account is provided free of charge for an indefinite period of time. A Customer has the possibility, at any time and without giving reasons, to remove an Account (resignation from the Account) by sending the appropriate request to the Seller, in particular via e-mail to the address: office@last-skincare.com. Setting up an Account is not required to place an Order. Seller may, however, introduce such a limitation within the functionality of the Website, in particular due to the relationship of the Product or type of Products with the services provided under the Account.
3.5. The use of the Shopping Cart begins at the moment of adding the first Product to the shopping cart.
3.6. The Shopping Vart is provided free of charge and has a one-time nature and is terminated at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
3.7. In particular, the Customer is obliged to:
a. to provide in the forms only true, current and all the necessary data of the Customer;
b. immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of an Agreement for the provision of Services or Sales Agreement, in particular to the extent that is necessary for their proper implementation; the Customer has the opportunity to change the data entered during the creation of an Account at any time using the options available within the Account;
c. use services and functionalities made available by the Seller in a way that does not interfere with the functioning of the Seller and the Website;
d. use the services and functionalities made available by the Seller in a manner consistent with applicable law, the provisions of the Terms and Conditions, as well as with accepted custom in a given field and the rules of social coexistence;
e. use services and functionalities made available by the Seller in a manner not burdensome for other Clients and the Seller;
f. timely payment of the Price and other costs agreed upon by Customer and Seller in full;
g. timely receipt of Products;
h. verification with the delivery man that the goods have been delivered in full, without defects. In the case of damage to the goods by the carrier, damage protocol should be written and the Seller should be informed;
i. not to provide and not to transmit within the Store any prohibited Content, in particular Content that infringes upon third party copyrights or their personal rights;
j. not taking actions such as:
• sending or placing on the Website Content that violates the law (prohibition of unlawful content);
• taking IT actions or any other actions aimed at gaining access to information not intended for the Customer, including other Customers’ data or interfering with the principles or technical aspects of the Store’s operation and processing of payments;
• modify in an unauthorized manner the Content provided by the Seller, in particular the Prices or Product descriptions provided on the Website.
3.8. Complaints related to the provision of Electronic Services can be submitted by e-mail or to the address of the Seller.
3.9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer’s request and (3) contact details of the entity for which the goods were purchased and details of the complainant (4) the order number – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
3.10. The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission, unless the provisions of law or separate regulations provide a different time limit.
§4 CONDITIONS OF THE CONTRACT
We explain how you can purchase our products and conclude a contract.
4.1. The main features of the service, including the subject matter and method of communication with the Customer are specified on the Product page or in another manner appropriate for the Product, within the scope of the Website.
4.2. As part of the development of Products or services available at the Online Store and due to their specificity, the Seller may introduce restrictions as to the methods of placing Orders for specific Products. In the case of placing several Orders at the same time, at least one of which is subject to the restriction referred to above, it may influence the availability of the methods of placing Orders also for the remaining ones.
4.3. Conclusion of the Sales Agreement between the Customer and the Seller takes place after submitting the Order by the Customer.
4.4. The Seller allows the Customer to place an Order via the Website in the following way, consecutively:
a. The Customer adds the selected Product(s) to the Cart and then proceeds to the order form.
b. A Customer who has an Account confirms in the order form the validity of the data necessary to conclude and perform the Sales Agreement. A User who does not have an Account must independently fill in the order form with the data necessary to conclude and perform the Sales Agreement. In any case, providing outdated or false customer data may prevent the implementation of the Agreement. In the order form it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, number of the house/apartment, zip code, town, country), e-mail address, contact phone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), if available type, color and size of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide their company name, and if they have requested VAT invoice form, also a tax identification number. In the case of Entrepreneurs – Customers from Poland, the Seller may ask for PKD numbers of the entrepreneur.
c. The Customer chooses the company of the payment intermediary and any other total costs of the Sales Agreement indicated on the order form.
d. The Customer sends an Order (submits an offer) to the Seller. In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required at this stage.
e. When placing an Order, until the moment of pressing the button confirming the order, the Customer has the possibility of correcting the data entered within the “Shopping Cart” panel by adding or removing a given item from the Shopping Cart. The deletion of an item may result in the automatic deletion of another item from the Cart due to the direct relationship between the Products.
f. Depending on the payment method selected, the Customer may be redirected to the pages of a third-party payment service provider to make payment;
4.5. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided for this purpose by the Customer with a confirmation of receipt of the Order.
4.6. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the e mail address provided with:
a. confirmation of acceptance of one or several individual offers for the Products placed under the Order and confirmation of conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
b. a notice that we are unable to accept all bids for Products placed under an Order due to non-payment, or
c. information that the shipment has not been received.
4.7. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to above within the scope of the Products indicated therein.
4.8. If it is not possible to accept all or some of the offers made under the Order, the BOK will contact the Customer to:
a. inform the Customer that it is not possible to accept all offers made under the Order to conclude a Sales Agreement; or
b. confirmation by the Customer of the will to fulfill the Order in the part in which the Seller has agreed to accept the offers to conclude the Sales Agreement. Then the Customer may cancel the whole Order (for all offers), which does not affect his right to withdraw from the contract. Cancellation of an Order by the Customer releases the Seller from the obligation to execute it. In case of cancellation of an Order the following applies accordingly.
4.9. If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement with respect to the Products indicated by the BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer, to the extent to which the Sales Agreement has not been concluded.
4.10. Independently, the Seller may inform the Client about the status of the Order, in particular by sending messages to the e-mail address provided by the Client, SMS or by telephone contact.
4.11. The Seller strives to ensure availability of all Products and performance of the Sales Agreement. In case of inability to fulfill the provision and in other situations defined by law, relevant provisions of the Civil Code, including Articles 493-495 of the Polish Civil Code, may apply, in particular concerning the obligation to immediately return the provision to the Consumer.
4.12. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, in the period chosen by it, determine the threshold of the minimum value of the Order for which shipment of the Products is free. About total price together with taxes of the Product being the subject of the Order, as well as about costs of delivery (including fees for transport, delivery and postal services) and about other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay them, the Client is informed during placing the Order, including also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
4.13. The Promotional Actions in force in the Online Store do not cumulate, unless the provisions of the Promotion expressly state otherwise.
4.14. Each of the Promotional Actions conducted shall have corresponding Promotional Action Rules. If a Promotional Action is in force, the provisions of the Terms of the Promotional Action take precedence over the provisions of these Regulations. In matters not covered by the Terms of the Promotional Action, the provisions of these Regulations shall apply
§5 PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
5.1. The Seller makes available to the Client various methods of payment for a Sales Agreement, in particular electronic payments, including blister and credit card payments, as well as deferred payments through authorized external services, in accordance with the information available on the Website.
5.2. A possible methods of payment are specified on the Website at the moment of expressing by the Client the will to be bound by the Sales Agreement. The available methods of payment may depend on the method of delivery or the Product chosen by the Customer. The available methods of payment may change in the case of placing several Orders at the same time, due to the size of the parcel.
5.3. Settlement of electronic, deferred payment and payment card transactions shall be carried out at the Customer’s option through authorized services.
5.4. In case the Seller does not receive payment from a Customer who chose to pay in advance, i.e. by the Blik, electronic payment or payment card, the BOK may contact the Customer to remind about the payment and the abandoned shopping cart, including sending an email (the transaction email). Failure to make payment within 2 days of placing the Order and then within an additional 2-day period will result in the Customer’s offer made under the Order not being accepted. The Customer may also, until receiving a message about sending the Order, cancel it without any consequences by contacting the Seller through the BOK, which does not affect his right to withdraw from the contract
§6 COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
Product delivery is a very important part of the transaction. We try to get the product to you as soon as possible.
6.1. We deliver Products as follows:
a. by InPost Sp. z o.o. on the territory of Poland;
b. by DPD Polska Sp. z o.o. on the territory of Europe;
c. by DHL Express Sp. z o.o. (on the territory of Poland) or DHL Pacel Polska Sp. z o.o. (on the territory of the United States of America);
d. in the case of delivery of the Product outside the above-mentioned areas, the Customer is obliged to contact the Seller in order to determine the other method of delivery of the Product.
6.2. Delivery of the Product to the Client is payable, unless the Sales Agreement provides otherwise. Currently available Product delivery costs are indicated to the Client on the Website at the moment of expressing by the Client the will to be bound by the Sales Agreement.
6.3. The available delivery methods may depend on the method of payment chosen by the Customer or the Product. The available delivery methods may change when several Orders are placed at the same time, particularly in view of the Products covered by them.
6.4. The total waiting time for the Product to be received by the Client (delivery time) consists of the time for the Seller to prepare the Order for shipment (up to 24 hours from the date of placing the order) and the time for the Product to be delivered by the delivery company (courier service).
§7 PRODUCT COMPLAINT
We pay great attention to the workmanship of our products. However, if you have any objections to the purchased goods – check how to make a complaint in an easy way.
7.1. The Customer, who is the Consumer under the EU law, is entitled to make a complaint about the purchased Product. The rights contained in pt. 7 also apply to Entrepreneurs – Consumers under the EU law.
7.2. The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Polish Civil Code, in particular in Article 556 and subsequent articles of the Polish Civil Code.
7.3. The Seller is obliged to deliver to the Customer the Product without defects.
7.4. A complaint may be submitted by the Customer for example:
a. in writing to the Seller’s address;
b. in electronic form via e-mail to: office@last-skicare.com.
7.5. If a sold Product has a defect, a Customer may:
a. Make a statement to reduce the Price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective Product for free from defects or remove the defect. Reduced price should remain in such proportion to the price under the contract, in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer cannot withdraw from the contract if the defect of the Product is insignificant;
b. demand to replace the Product with a defect-free Product or remove the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Customer, with the reservations and under the conditions specified in the relevant provisions of the Polish Civil Code.
7.6. The Client may instead of defect rectification proposed by the Seller request replacement of the Product with a defect-free one or instead of replacing the Product demand rectification of the defect, unless bringing the Product into conformity with the agreement in a way selected by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, type and importance of the defect found, as well as inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.
7.7. It is recommended that the Customer provide in the description of the complaint (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
7.8. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 days of its receipt. If the Customer has requested replacement of goods or removal of defects or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, it is considered that the request is justified.
7.9. If, in order for the Seller to respond to the Client’s complaint or exercise the Client’s rights under warranty, it is necessary to deliver the Product to the Seller, in accordance with Article 5612 in connection with Article 354 § 2 of the Polish Civil Code, the Client shall deliver the Product at the Seller’s expense.
7.10. The Seller is liable under warranty if a physical defect is found before the lapse of two years from the date of release of the Product to the Customer. Claim for removal of defects or replacement of the Product with a Product free from defects expires after a year from the date of finding the defect, but in the case of an Order placed by a Consumer – the period of limitation cannot end before the expiry of the period referred to in the first sentence.
§8 OUT-OF-COURT DISPUTE RESOLUTION
We assume that in case of disagreements with the Consumer, it is worth talking and reach a mutual agreement out-of-court. See how we can resolve a dispute.
8.1. The use of out-of-court complaint and claim procedures is voluntary. The following provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. Seller’s statement on the consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other durable media in the event when, following the complaint submitted by the Consumer, the dispute has not been resolved.
8.2. The rules for conducting proceedings on out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of handling complaints and pursuing claims and the rules of access to these procedures may be available at the headquarters and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, in particular also at the following website address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich. php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings concerning out-of-court settlement of consumer disputes.
8.3. A Customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
a. The Customer shall have the right to apply to the permanent arbitration court for settlement of a dispute arising from the Sales Agreement, as referred to in Article 37 of the Polish Act of 15 December 2000 on Trade Inspection.
b. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Polish Act of 15 December 2000 on Trade Inspection, with a request to initiate mediation proceedings on out-of-court dispute resolution between the Customer and the Seller.
c. The Customer may obtain free assistance to resolve a dispute between the Customer and the Seller, also using the free assistance of district (city) consumer advocate or a social organization, whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
d. At http://ec.europa.eu/consumers/odr, the European Commission provides an online platform for resolving consumer disputes. The seller is not currently participating in this voluntary alternative dispute resolution procedure
§9 RIGHT OF RETURN
We know that sometimes Consumers want to exercise their statutory right of return. We fully understand this. Check how quickly and easily you can return our products.
9.1. The right of return is entitled to Clients who are Consumers or Entrepreneurs – Consumers under the EU law. Check out our Return Policy.
§10 INTELLECTUAL PROPERTY RIGHTS
We protect out intellectual property rights.
10.1. All rights to the Website, and in particular our copyrights, intellectual property rights to its name, domain name, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos, and other content posted by the Seller belong to the Seller, and the use of them may take place only in accordance with these Terms and Conditions.
10.2. It is forbidden to copy, reproduce, modify, multiply or disseminate any part of the Website, the Service or its elements without prior written consent of the Seller, except in cases expressly permitted by applicable law and these Terms and Conditions. The Seller may take steps, including legal proceedings, in order to protect his own interests and the interests of the Clients of the Website.
10.3. The rights to use, copy and distribute data available on the website are subject to the provisions of the Act on Copyright and Related Rights.
10.4. The use of Online Store data for commercial purposes may take place after prior notification to the Seller and obtaining his written consent.
§11 PERSONAL DATA PROTECTION
11.1. The principles of personal data protection are defined in the document called the “Privacy Policy”.
11.2. The rules of using cookies on the Website are defined in the document called the “Cookies Policy”.
§12 PROVISIONS APPLICABLE TO NON-CONSUMER CUSTOMERS & B2B
If you are shopping on our Website and you are not a Consumer – this section of the terms and conditions is addressed to you.
12.1. This section 12 of the Terms and Conditions and the provisions contained therein apply exclusively to Clients who are not Consumers and Entrepreneurs – Consumers under the UE law.
12.2. At the moment of handing over the Product by the Seller to the delivery company (the courier), the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a Consumer. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring from the acceptance of the Product for transport until its release to the Client and for delay in shipment.
12.3. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
12.4. Neither Vendor nor its employees, authorized representatives and agents shall be liable to Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
12.5. In each case of establishing the liability of the Seller, its employees, authorized representatives and/or attorneys-in-fact, such liability in relation to a Client who is not a Consumer, regardless of its legal basis, shall be limited – both as part of a single claim as well as for all claims in total – to the amount of the paid Price and delivery costs for the last Sales Agreement, but not more than one thousand PLN.
12.6. Any disputes arising between the Seller and a Customer who is not a Consumer shall be subject to the competent court for the seat of the Seller in Poland.
12.7. With regard to Customers who are not Consumers, the Seller may amend these Terms and Conditions at any time under universally applicable provisions of law.
§13 FINAL PROVISIONS
13.1. The version 2.0. of the Terms is valid from 8 june 2022 r.
13.2. The Regulations are available in Polish and in English. The Polish version is the binding version.
13.3. Matters not regulated by these Terms shall be governed by generally applicable laws, in a given territory.
13.4. Unless otherwise stipulated by the law, the governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
13.5. If the mandatory provisions of the law of the country of the Client’s habitual residence provide for more favorable conditions for the Client than the provisions of the Polish law and the provisions of these Regulations, the provisions of the law of the country of the Client’s habitual residence shall apply.
13.6. Unless applicable law provides otherwise, any disputes arising between the Seller and the Customer shall be resolved by the Polish courts with jurisdiction over the Seller’s registered office.
13.7. The content of these Terms may be changed. The Seller will inform about it in advance on the Website, by posting an information.
You can find the previous version of the Terms ( ver. 1.0) here.
