Regulations of the Online Store www.4seasonsbeauty.pl

§ 1 Preliminary Provisions

The 4 Seasons Beauty Online Store, available at the internet address www.4seasonsbeauty.pl, is run by Marcin Jesień, conducting business activity under the name 4 Seasons Beauty Marcin Jesień, entered into the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economic affairs, NIP (Tax ID) 8262030207, REGON (Statistical ID) 380083276.

These Regulations are addressed to both Consumers and Entrepreneurs (including Entrepreneurs with Consumer Rights) using the Store and define the rules for using the Online Store, as well as the rules and procedure for concluding Distance Sales Agreements with the Client via the Store.

The Buyer is obliged to comply with these Regulations.

§ 2 Definitions

• Consumer – a natural person who enters into an agreement with the Seller within the scope of the Store, the subject of which is not directly related to their business or professional activity.
• Entrepreneur with Consumer Rights – a natural person entering into a Sales Agreement directly related to their business activity, when the content of this Agreement shows that it is not of a professional nature for them, resulting in particular from the subject of the business activity they conduct, made available based on the provisions on the Central Register and Information on Economic Activity.
• Seller – a natural person conducting business activity under the name 4 Seasons Beauty Marcin Jesień, entered into the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economic affairs, NIP 8262030207, REGON 380083276.
• Client – any entity (Consumer, Entrepreneur, or Entrepreneur with Consumer Rights) making purchases or using the functionalities of the Store.
• Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to which a separate statute grants legal capacity, conducting business activity on its own behalf, and which uses the Store.
• Store – the online store run by the Seller at the internet address www.4seasonsbeauty.pl.
• Distance Contract – a contract concluded with the Client as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time the contract is concluded.
• Regulations – these Store regulations.
• Order – a declaration of will by the Client submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
• Account – the Client’s account in the Store, where data provided by the Client and information about Orders placed by them in the Store are collected.
• Registration Form – a form available in the Store, enabling the creation of an Account.
• Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the delivery and payment method.
• Cart – an element of the Store’s software in which the Products selected by the Client for purchase are visible, and where it is also possible to establish and modify Order data, particularly the quantity of products.
• Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Client and the Seller. Sales Agreement also means – depending on the nature of the Product – a contract for the provision of services and a contract for specific work.

§ 3 Contact with the Store

• Seller’s Address: Olbrachta 120/97, 01-373 Warszawa, Poland
• Seller’s email address: contact@4seasonsbeauty.pl
• Seller’s phone number: 00 48 – 507 – 925 – 573
• Seller’s bank account number: 24 1140 2004 0000 3402 7762 7994
• The Client can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
• The Client can contact the Seller by phone during the hours of 9:00 AM – 7:00 PM.

§ 4 Technical Requirements

The following are necessary to use the Store, including browsing the Store’s assortment and placing orders for Products:

• An end device with access to the Internet and an updated web browser.
• An active email account.
• Cookies enabled.
• The FlashPlayer program installed.

§ 5 General Information

To the fullest extent permitted by law, the Seller is not responsible for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or the incompatibility of the Online Store with the Client’s technical infrastructure.

Browsing the Store’s assortment does not require setting up an Account. Placing orders for Products in the Store’s assortment is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the fulfillment of the Order without setting up an Account.

Prices provided in the Store are given in Polish zlotys (PLN) and are gross prices (including VAT).

The final (total) amount to be paid by the Client consists of the price for the Product and the delivery cost (including transport, delivery, and postal services fees), of which the Client is informed on the Store’s pages during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.

In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (total) price is the total price covering all payments for the billing period.

When the nature of the subject of the Agreement does not allow, by reasonable assessment, for the prior calculation of the final (total) price, information on the manner in which the price will be calculated, as well as on transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.

In the case of announcing a price reduction, the Seller, in addition to the information about the reduced price, also includes information about the lowest price of this Product that was in effect during the 30 days preceding the introduction of the reduction. If the Product has been offered for sale for a period shorter than 30 days, the Seller, next to the reduced price, includes information about the lowest price that was in effect during the period from the start of offering this Product for sale until the day the reduction was introduced.

§ 6 Setting up an Account in the Store

To set up an Account in the Store, the Registration Form must be filled out. The following data must be provided: email address, password.

Setting up an Account in the Store is free of charge.

Logging into the Account is done by providing the login and password established in the Registration Form.

The Client has the possibility at any time, without giving a reason and without incurring any fees for this, to delete the 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 an Order

To place an Order, you must:

1. Select the Product that is the subject of the Order, and then click the “Add to Cart” (or equivalent) button.
2. Log in or use the option to place an Order without registration.
3. If the option to place an Order without registration has been selected – fill in the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), and enter invoice details if they are different from the Order recipient’s details.
4. Click the “Order and pay” button.
5. Select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 9 item 3.

§ 8 Offered Methods of Delivery and Payment

The Client may use the following methods of delivery or collection of the ordered Product:

• Courier shipment
• Collection at a parcel locker

The Client may use the following payment methods:

• Payment by traditional bank transfer to the Seller’s account
• Electronic payments
• Payment by payment card (the entity supporting these payments is indicated during the order placement)
• Installment payment – a service provided by an external credit operator based on a separate consumer credit agreement concluded between the Client and the operator.

Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.

§ 9 Execution of the Sales Agreement

The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the Order’s receipt and its acceptance for execution takes place by the Seller sending a relevant email message to the Client’s email address provided during the Order placement, which contains at least the Seller’s statements about receiving the Order and accepting it for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon the Client receiving the above email message, the Sales Agreement is concluded between the Client and the Seller.

If the Client chooses: payment by bank transfer, electronic payments, or payment by payment card, the Client is obliged to make the payment within 5 calendar days from the date of concluding the Sales Agreement – otherwise, the order will be canceled.

The Product will be shipped by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Client during the Order placement.¹

In the case of ordering Products with different delivery times, the delivery time is the longest specified time.²

In the case of ordering Products with different delivery times, the Client has the option to reque³st the delivery of the Products in parts or the delivery of all Products after the entire order has been completed.

The start of the delivery period for the Product to the Client is counted as follows:

• If the Client chooses payment by bank transfer, electronic payments, or payment card – from the date the Seller’s bank account is credited.

Product delivery takes place within the European Union.

Delivery of the Product to the Client is paid, unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery, and postal service fees) are indicated to the Client on the Online Store’s pages in the “Delivery Costs” tab and during the ordering process, including at the moment the Client expresses the will to be bound by the Sales Agreement.

§ 10 Right of Withdrawal from the Agreement

The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement within 14 days without giving any reason.

The period specified in section 1 begins from the delivery of the Product to the Client or a person indicated by them other than the carrier.

In the case of an Agreement that covers many Products that are delivered separately, in batches, or in parts, the period indicated in section 1 runs from the delivery of the last item, batch, or part.

In the case of an Agreement that involves the regular delivery of Products for a fixed period (subscription), the period indicated in section 1 runs from taking possession of the first of the items.

The Client may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal, it is sufficient for the Client to send the statement before the deadline expires.

The statement may be sent via traditional mail or electronically by sending the statement to the Seller’s email address – the Seller’s contact details are specified in § 3. The statement can also be submitted on the form whose template is an attachment to the Act of May 30, 2014, on consumer rights, but this is not mandatory.

If the Client sends the statement electronically, the Seller will immediately send the Client confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Client.

Consequences of withdrawal from the Agreement:

• In the event of withdrawal from a Distance Contract, the Agreement is considered null and void.
• The Seller immediately, no later than 14 days from the date of receiving the Client’s statement of withdrawal from the Agreement, returns all payments made by them, including the costs of delivering the item, with the exception of additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method offered by the Seller.
• The Seller will refund the payment using the same payment methods that were used by the Client in the original transaction, unless the Client has expressly agreed to a different solution that will not involve any costs for them.
• The Seller may withhold the refund of payment until the Product is received back or until the Client provides proof of its return shipment, whichever occurs first.
• The Client should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Client sends back the Product before the expiry of the 14-day period. Cash on delivery shipments are not an accepted method of delivering goods to the Seller.
• The Client bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be sent back in the ordinary postal procedure.
• The Client is only responsible for the decrease in the value of the Product resulting from using it in a way other than what was necessary to establish the nature, characteristics, and functioning of the Product.

The right to withdraw from a distance contract is not granted to the Client in relation to an Agreement:

• in which the subject of the service is a non-prefabricated item, manufactured according to the Client’s specifications or serving to satisfy their individualized needs,
• in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,⁴
• in which the subject of the service is an item that deteriorates quickly or has a short shelf life,⁵
• for the provision of services, if the Seller has fully performed the service with the e⁶xplicit consent of the Client, who was informed before the start of the service that after the performance of the service by the Seller they would lose the right to withdraw from the Agreement,
• in which the subject of the service are items that, due to their nature, become inseparably combined with other items after delivery.

§ 11 Complaint and Liability for Product Conformity with the Agreement

Seller’s liability for lack of Product conformity with the Agreement (applies to Consumers and Entrepreneurs with Consumer Rights):

1. The Seller is responsible for any lack of conformity of the Product with the Agreement that existed at the time of its delivery and was revealed within two years from that time.
2. In the event of a lack of conformity, the Client has the right to demand the repair or replacement of the Product.
3. If repair or replacement is impossible, excessively costly, or the Seller has not fulfilled the obligation to repair/replace within a reasonable time, the Client may demand a price reduction or withdrawal from the contract, provided that the lack of conformity is significant.
4. The Seller will respond to the complaint of the Consumer or Entrepreneur with Consumer Rights within 14 calendar days from the date of its receipt.
5. A complaint should be submitted in writing or electronically to the addresses provided in § 3 of the Regulations, attaching proof of purchase and a brief description of the defect. Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.

Warranty (applies to B2B Entrepreneurs, excluding Entrepreneurs with Consumer Rights):

• In relation to Clients who are Entrepreneurs (as understood by Article 43 $\text{1}$ of the Civil Code), the Seller’s liability under the warranty for physical defects of the Product is excluded.

Guarantee:

• Products may be covered by a manufacturer’s or distributor’s guarantee. Detailed guarantee conditions and its duration are specified in the guarantee card attached to the Product. The guarantee does not exclude, limit, or suspend the Client’s rights resulting from the provisions on the Seller’s liability for the lack of conformity of the Product with the Agreement.

§ 12 Out-of-Court Methods for Handling Complaints and Pursuing Claims

Detailed information on the possibility for the Consumer to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for access to these procedures, are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the internet addresses of the Office of Competition and Consumer Protection (UOKiK).

The Consumer has the following exemplary options for using out-of-court methods for handling complaints and pursuing claims:

• The Consumer is entitled to apply to a permanent amicable consumer court.
• The Consumer is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings.
• The Consumer can obtain free assistance regarding the resolution of a dispute, also using the free assistance of the county (municipal) consumer ombudsman or a social organization.

§ 13 Personal Data in the Online Store

The administrator of the Clients’ personal data collected via the Online Store is the Seller.

The Clients’ personal data are collected for the purpose of concluding the Sales Agreement, and if the Client agrees – also for marketing purposes. Detailed information regarding the processing of personal data is contained in the Online Store’s Privacy Policy.

Recipients of the personal data of the Online Store’s Clients may include, in particular: carriers or intermediaries fulfilling shipments, entities supporting electronic payments or payment card payments.

The Client has the right to access and rectify their data, as well as other rights described in the Privacy Policy.

Providing personal data is voluntary, although failure to provide the personal data necessary for concluding the Sales Agreement, as indicated in the Regulations, results in the inability to conclude this agreement.

§ 14 Final Provisions

Agreements concluded through the Online Store are concluded in the Polish language.

The Seller reserves the right to make changes to the Regulations due to important reasons, namely: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the execution of the provisions of these Regulations. The Seller will inform the Client of every change with at least 14 days’ notice (in the case of a change concerning the Account service) or 7 days’ notice (in the case of other changes).

A Client who does not accept the introduced changes to the Regulations (especially those concerning the provision of electronic services, including the Account) has the right to terminate the electronic service agreement (Account) within 15 days from the date of notification of the change. The termination becomes effective after the notice period has expired.

In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, and the Act on personal data protection.

The Client has the right to use out-of-court methods for handling complaints and pursuing claims. For this purpose, they can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.