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Terms and conditions

§ 1 General provisions

  1. The Her Skin online store, available at the internet address www.herskin.pl, is operated by HER SKIN LAB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, entered into the National Court Register (KRS) by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number 0001193535, with share capital of PLN 5,000.00, NIP (Tax ID) 5273181919, REGON (Statistical Number) 542711968.

§ 2 Definitions

  1. Consumer - a natural person entering into an agreement with the Seller through the Store, the subject of which is not directly related to their business or professional activity.
  2. Seller -HER SKIN LAB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw at Aleja Jana Pawła II 27, postal code 00-867, entered into the National Court Register (KRS) by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number 0001193535, with share capital of PLN 5,000.00, NIP 5273181919, REGON 542711968.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, legal person, or organizational unit without legal personality to which a separate law grants legal capacity, conducting business activity in its own name and using the Store.
  5. Store - the online store operated by the Seller at www.herskin.com.
  6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
  7. Terms and Conditions - these Store Terms and Conditions.
  8. Order - a Customer's declaration of intent, made via the Order Form, aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
  9. Account - a Customer's account in the Store, in which data provided by the Customer and information about Orders placed by them in the Store are collected.
  10. Registration Form - a form available in the Store enabling the creation of an Account.
  11. Order Form - an interactive form available in the Store enabling the placing of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and which also allows determining and modifying Order details, in particular the quantity of products.
  13. Product - a movable item or service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also refers - depending on the Product's characteristics - to a service agreement and a contract for specific work.

§ 3 Contacting the store

  1. Seller's address: Aleja Jana Pawła II 27, 00-867 Warsaw.
  2. Seller's email address: biuro@herskin.pl.
  3. Seller's bank account number: 06102029800000250201793041.
  4. The Customer may contact the Seller using the addresses and phone numbers provided in this section.
  5. The Customer may contact the Seller by phone between 8:00 AM and 4:00 PM.

§ 4 Technical requirements To use the Store, including browsing its product range and placing Orders for Products, the following are required:

  1. a device with internet access and a web browser such as Google Chrome, Mozilla Firefox, Safari, or Microsoft Edge in current versions;
  2. an active email account;
  3. cookies enabled;
  4. Flash Player installed.

§ 5 General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions, in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
  2. Browsing the Store's product range does not require creating an Account. Placing Orders for Products available in the Store's range is possible either after creating an Account in accordance with § 6 of these Terms, or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.
  3. Prices shown in the Store are in Polish złoty and are gross prices (including VAT).
  4. The final (total) amount to be paid by the Customer consists of the price of the Product plus the cost of delivery (including transport, delivery, and postal service fees), about which the Customer is informed on the Store's pages while placing the Order, including at the moment of expressing the intent to be bound by the Sales Agreement.
  5. In the case of an Agreement involving a subscription or the provision of services for an indefinite period, the final (total) price is the total price including all payments for the billing period.
  6. Where the nature of the subject of the Agreement does not reasonably allow for the final (total) price to be calculated in advance, information on how the price will be calculated, as well as on fees for transport, delivery, postal services, and any other costs, will be provided in the Store in the Product description.

§ 6 Creating an account in the store

  1. To create an Account in the Store, the Registration Form must be completed. It is necessary to provide the following information: full name, email address, and password.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may, at any time and without giving a reason or incurring any fees, delete their Account by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7 Rules for placing orders To place an Order, the Customer must:

  1. log in to the store (optional);
  2. select the Product that is the subject of the Order and then click the “Add to cart” button (or an equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option to place an Order without registration was selected - complete the Order Form by entering the recipient's details and the delivery address for the Product, choose the type of shipment (method of delivery), and enter invoice details if different from the recipient's details;
  5. click the “Order and pay” button and confirm the order by clicking the link sent in the email message;
  6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8(3).

§ 8 Available delivery and payment methods

  1. The Customer may use the following delivery or collection methods for the ordered Product:
  • postal shipment, cash-on-delivery postal shipment;
  • courier shipment, cash-on-delivery courier shipment.
  1. The Customer may use the following payment methods:
  • payment on collection
  • cash on delivery
  • bank transfer to the Seller's account
  • electronic payments
  • payment by debit/credit card.
  • Detailed information about delivery methods and accepted payment methods is available on the Store's pages.

§ 9 Performance of the sales agreement

  1. The Sales Agreement between the Customer and the Seller is concluded once the Customer has placed an Order via the Order Form in the online Store in accordance with § 7 of these Terms.
  2. After placing an Order, the Seller promptly confirms receipt of the Order and simultaneously accepts it for processing. Confirmation of receipt and acceptance of the Order takes place by sending the Customer an appropriate email to the email address provided when placing the Order, containing at least the Seller's statements confirming receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded once the Customer receives this email.
  3. If the Customer chooses:
  • payment by bank transfer, electronic payment, or debit/credit card - the Customer is required to make the payment within 1 calendar day from the date the Sales Agreement is concluded; otherwise the order will be cancelled.
  • cash on delivery - the Customer is required to make the payment upon receipt of the shipment.
  • cash payment upon personal collection - the Customer is required to make the payment upon collection of the shipment within 3 days of being notified that the shipment is ready for collection.
  1. If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within the timeframe specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
  2. A) In the case of an order for Products with different delivery times, the delivery time is the longest of the specified times. B) In the case of an order for Products with different delivery times, the Customer may request that the Products be delivered in parts, or that all Products be delivered together once the entire order has been assembled.
  3. The delivery time for the Product to the Customer is calculated as follows:
  4. if the Customer chose payment by bank transfer, electronic payment, or debit/credit card - from the date the Seller's bank account is credited;
  5. if the Customer chose cash on delivery - from the date the Sales Agreement is concluded;
  6. if the Customer chose personal collection of the Product, the Product will be ready for collection within the timeframe specified in the Product description. The Customer will be additionally informed by the Seller, via an email sent to the address provided when placing the Order, that the Product is ready for collection.
  7. In the case of an order for Products with different readiness-for-collection times, the readiness-for-collection time is the longest of the specified times.
  8. Delivery of the Product is carried out solely within the territory of Poland.

§ 10 Right of withdrawal

  1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person other than the carrier indicated by the Consumer.
  3. In the case of an Agreement covering multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 begins from the delivery of the last item, batch, or part.
  4. In the case of an Agreement consisting of regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 begins from taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
  6. The statement may be sent by traditional mail, fax, or electronically by sending the statement to the Seller's email address, or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3.

§ 11 Complaints and warranty

  1. The Sales Agreement covers new Products.
  2. Complaints should be submitted in writing to: Aleja Jana Pawła II 27, 00-867 Warsaw, Poland, or electronically to: biuro@herskin.pl.
  3. It is recommended that the complaint include, among other things: a brief description of the defect, the circumstances (including the date) of its occurrence, the contact details of the Customer filing the complaint, and the Customer's request regarding the defective goods.
  4. Goods returned as part of the complaint procedure should be sent to: Aleja Jana Pawła II 27, 00-867 Warsaw, Poland.
  5. The time limit for handling a complaint is 14 calendar days.

§ 12 Out-of-Court complaint and redress procedures

  1. Detailed information regarding the possibility for a Consumer to use out-of-court complaint and redress procedures, as well as the rules of access to such procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Consumer has the following examples of options for using out-of-court complaint and redress procedures:
  3. The Consumer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  4. The Consumer is entitled to apply to the Provincial Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of a dispute between the Consumer and the Seller.
  5. The Consumer may obtain free assistance in resolving a dispute with the Seller by using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers and the Association of Polish Consumers).

§ 13 Personal data in the online store

  1. The Seller is the controller of the personal data of Customers collected through the online Store.
  2. The Customers' personal data collected by the controller through the online Store is collected for the purpose of performing the Sales Agreement, and - if the Customer consents - also for marketing purposes.
  3. Recipients of the Customers' personal data from the online Store may include:
  • For a Customer who uses the postal or courier delivery method in the online Store, the Controller shares the collected personal data of the Customer with the selected carrier or intermediary handling shipments on behalf of the Controller.
  • For a Customer who uses electronic payments or debit/credit card payment in the online Store, the Controller shares the collected personal data of the Customer with the selected entity handling such payments in the online Store.
  1. The Customer has the right to access and correct their data.
  2. Providing personal data is voluntary; however, failure to provide the personal data specified in the Terms as necessary for concluding the Sales Agreement results in the inability to conclude that agreement.

§ 14 Final provisions

  1. Agreements concluded through the online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms. The Seller will inform the Customer of any change at least 7 days in advance.
  3. In matters not regulated by these Terms, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights; and the Act on the Protection of Personal Data.
  4. The Customer has the right to use out-of-court complaint and redress procedures. For this purpose, they may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
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