Terms of Use

 

§1 Introductory provisions

 

  1. Internet shop available under internet address www.4seasonsbeauty.pl is, a website owned and operated by 4 Seasons Beauty Marcin Jesień registered in Central Records and Information of Economic Activity (CEIDG) kept by the Competent Minister of Economy: Tax identification number (NIP) PL8262030207 REGON 380083276.
  2. 4 Seasons Beauty is located in Poland. By displaying products on the Shop, 4 Seasons Beauty is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in European Union on the terms and conditions set out herein. If you place an order for products shown on the Shop, your order will be deemed an acceptance in EU of such offer pursuant to these Terms of Use.
  1. These Terms of Use govern your use of the 4seasonsbeauty.pl website and all subdomains. By using, visiting or shopping at the 4seasonsbeauty.pl website and all subdomains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the 4seasonsbeauty.pl. In these Terms of Use 4 seasonsbeauty.pl and all subdomains are referred to as the “Shop“.

§2 Definitions

  1. Consumer – natural person performing legal transaction (purchase) with the entrepreneur; this transaction is not directly connected with the Consumer’s economic or professional activity.
  2. Seller – natural person registered in Central Records and Information of Economic Activity (CEIDG) kept by the Competent Minister of Economy: Tax identification number (NIP) PL8262030207 REGON 380083276.
  3. Client – every buyer purchasing through the Shop.
  4. Entrepreneur -a natural person, legal person and an organizational unit without legal personality which was statutorily granted a legal capacity executing an economic activity on its own behalf that uses the Shop.
  5. Shop – internet Shop run by Seller at the Internet address 4seasonsbeauty.pl
  6. Distance contract – agreement concluded as part of an organized system of concluding contracts at a distance without the concurrent presence of both parties with the exclusive use of one or more means of distance communication up to the time of conclusion of the contract, inclusive.
  7. Terms of use – the following Online Shop Terms of Use
  8. Order – a Client’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller
  9. Profile – Electronic Service, set of resources in the IT system of the Service Provider marked with an individual name (login) and password provided by the Client, in which data submitted by the Client and information concerning the Client’s orders placed in the Online Shop are gathered
  10. Register Form – form available in the Online Shop allowing for the creation of an Client’s Profile
  11. Order Form – Electronic Service, interactive form available in the Online Shop allowing to place an Order, in particular by means of adding Products to an electronic cart and specifying terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – an element of the Online Shop software in which all products selected by Client are visible and it is also possible to set and modify the Order data, in particular the quantity of products.
  13. Product – a movable item available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
  14. Sale Contract – Product sales agreement concluded between the Client and the Seller via the Online Shop.

 

§3 Contact with the shop

 

  1. Address of seller: Olbrachta 120/97 01-373 Warszawa
  2. Email: [email protected]
  3. Phone: +48 507 925 573
  4. Account number: PL24 1140 2004 0000 3402 7762 7994 BIC/SWIFT: BREXPLPWMBK
  5. Client have right to contact seller through channels defined in this paragraph
  6. Client can contact seller through phone between 9:00 AM and 7:00 PM

 

§4 Technical requirements

 

To use the Shop, including the viewing range of the shop and place orders, they are necessary

  1. Device with access to the internet and updated internet browser
  2. Active email account
  3. Cookies files enabled
  4. Flash Player software installed

 

§5 General information

 

  1. Seller to the fullest extent permitted by law shall not be liable for interference, including the interruption of the Shop due to force majeure, unauthorized acts on third parties or incompatibility of Online Shop with Client’s infrastructure.
  2. Viewing assortment of the Shop does not require setting up profile. Client may place an order after setting personal account or by providing necessary personal data and delivery address to implement the order.
  3. Prices in the Shop are given in PLN and are gross prices (include VAT)
  4. End price paid by Client consists of the price for the product and the cost of delivery (including fees for transportation, delivery and postal service), which the client is informed of the Shop when placing orders, including at the time of expression to be bound by the sale contract.
  5. When the nature of the subject of the Sale Contract does not allow reasonably assessing the previous calculation of the end price, information on the manner in which the price will be calculated, as well as fees for transportation, delivery, postal service and other costs, will be given in the Shop in the product specification.

 

§6 Setting up personal Profile in the shop

 

  1. In order to set up personal Profile in the shop online registration form have to be filled in with following data: address email and password.
  2. Setting up personal account is free of any charges.
  3. Login into the personal Profile in the Shop is done by providing login and password which have been defined during registration.
  4. The customer has the possibility at any time, without giving any reason and without incurring any charges for this, delete the personal Profile by sending relevant request to the Seller in particular to the addresses defined in the paragraph 3.

 

§7 Placing an order in the Shop

 

In order to place an order in the shop following steps have to be taken:

 

  1. Select products to purchase and click add to cart (or with the equivalent meaning)
  2. Login to the personal account or select option to place an order without registration in case of placing order without registration fill in order form by providing order recipient’s details, invoice details if required, delivery address and selecting delivery method.
  3. Confirm order by “I order and pay” button
  4. Select one of available payment methods depending on the payment method complete payment within certain period, subject to § 8 points

 

§8 Available delivery and payment methods

 

Client can select one of the following delivery services:

  1. Postal service
  2. Courier shipment
  3. Parcel collecting machine (on Poland territory)

There are following payment methods available in the Shop. Payment is expected in the 5 calendar days from placing an order for each payment method:

  1. Traditional bank transfer – after you create an order, you are expected to log in to your bank and make a bank transfer to our account number: PL24 1140 2004 0000 3402 7762 7994
  2. Electronic payment (PayPal) – after you create an order, you are redirected to a secure PayPal gateway, where you log in to your PayPal account to complete the purchase. We would like to inform you that 4 Seasons Beauty does not have an access to your PayPal account, or any other information related to your PayPal account.
  3. Debit and credit card payment – After you create an order, you are redirected to a secure payment bank gateway, where you will enter the necessary payment data. This method of payment of the purchase price is considered an advance payment. We would also like to inform you that our employees do not have an access to the data of your card. All is exclusively in the hands of the bank. Card payment provider  is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, wpisany do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy Poznań Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000347935, NIP 7792369887, Regon 301345068.
  4. Instalments payment (Polish residents only, minimal value of order 300 PLN)

 

§9 Realisation of sale contract

 

  1. The conclusion of a Sales Contract between a Client and the Seller takes place after prior placement by the Client of an Order by means of the Order Form available in the Online Shop in line with § 7 of Terms of Use.
  2. After an Order placement, the Seller immediately confirms its receipt and at the same time, accepts the Order. The receipt and acceptance of the Order are confirmed by an appropriate e-mail sent by the Seller to the Client’s e-mail address specified in the course of Order placement, containing at least a declaration of the Seller confirming the receipt and acceptance of the Order, as well as the conclusion of a Sales Contract. At the receipt of the aforementioned e-mail by the Customer, the Sales Contract is concluded by the Client and the Seller.
  3. Product will be sent within the period specified in the product description (subject to the paragraph 5 of this section), as selected by the client when placing the orders
  4. In case of different delivery times for selected products the delivery date is given the longest term unless client wish to separate products and sent them independently. In that case seller should be informed accordingly.
  5. The start of the delivery time frames is counted from the time when seller’s account is credited.
  6. Product delivery is carried out within the European Union.
  7. Delivery of the Product to the Client is subject to a charge, unless the Sales Contract provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) is made available to the Client on the Online Shop website and during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.

 

§10 Right of withdrawal

 

  1. The client may, within 14 days to withdrawal from the sale contract without giving any reason.
  2. The period referred to in paragraph 1 begins from the day on which the Client took possession of product or where indicated by the Client a third party other than the carrier came into possession of the goods.
  3. In case of a contract, which includes many things that are delivered separately, in lots or in part the period of withdrawal starts from the day on which the client took possession last thing, the last lot or piece, or where indicated by the Client a third party other than the carrier has acquired the last of the things that last lot or piece.
  4. With respect to the right to cancel the contract, the consumer must inform the seller about their decision to do so, the written cancelation notice can be sent prior to the expiry of the period. The cancelation notice can be send to one of the addressed defined in the § 4 of this terms of use. In case of sending cancelation notice by email, seller will confirm receipt of the notification without delay. The statement can also be submitted on the form, the model of which is attached to the Act of 30 May 2014 on consumer rights, but it is not mandatory.

 

§11 Effects of withdrawal from the contract

 

  1. In the case of withdrawal from a distance contract, the contract is considered unconcluded
  2. In case of withdrawal from the Contract the seller returns the client immediately, not later than 14 days from the date of receipt of the declaration Client to withdrawal from the Contract , all made by him payments, including the cost of delivery of goods, with the exception of the additional choice resulting from your choice Client delivery method other than the least expensive way of providing the usual Retailer.
  3. The Seller will refund payments using the same payment method that the purchaser used for the initial transactions, unless explicitly stated otherwise by the client. The consumer shall in no event incur any other costs.
  4. The Seller shall make the refund once the seller has received the returned goods or once the Client has proved to have sent the goods back, whichever is earlier.
  5. The Client must return the goods without an undue delay, but in any event within 14 days of the date of contract cancelation. The aforementioned deadline is thought to be complied with as long as the client sends the goods back to the seller prior to the expiry of the 14-day period.
  6. The Client bears the direct cost of returning the Product, including the cost of returning the Product, if due to their nature This product cannot normally be returned by post.
  7. When due to the nature of the Product cannot be returned in the ordinary course of post, information on this, as well as the cost of returning the Product, will be found in the description of the Product in the Shop.
  8. The consumer shall be responsible for the reduction in the value of the goods caused by the handling of the goods in a manner which exceeds the acceptable familiarization with the nature and properties of the goods, including their function.

The Right to withdraw from a distance contract is not entitled to a Client in relation to the Contract:

  1. Non-refundable items due to health and hygiene purposes – skin care products, body care products, makeup, lipsticks, shampoos, makeup brushes, toothbrushes, shavers, epilators and other cosmetics.
  2. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life

 

§12 Handling complaints and guarantee

 

  1. New items are subject of the sale contract.
  2. In case of defects of the purchased product from the Seller, the Client has right to claim under the provisions concerning warranty in the Civil Code.
  3. The claim has to be reported on written notification or send by email to the addresses defined in this terms of use.
  4. It is recommended that the complaint included a brief description of the defects, the circumstances and date of its occurrence, the complaining client data and client’s demand in connection with the defect goods .
  5. The Seller shall refer the complaint to request immediately, not later than within 14 days, and if you do not do this at this time, it is believed that client’s demand considered justified.
  6. The Goods being subject of complain shall be sent to the seller to the addresses defined in the section 4 of this terms of use.

 

§13 Extrajudicial methods for dealing with complaints and redress

 

  1. Detailed information about available by the Client who is a consumer of extrajudicial methods of dealing with complaints and redress and rules of access to these procedures are available on the premises and on the websites of district (municipal) consumer advocates, social organizations to which statutory tasks include consumer protection, Provincial inspectorates of Trade Inspection and at the following sites Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php

http://www.uokik.gov.pl/wazne_adresy.php

  1. The customer who is a consumer has the following examples possibility of using extrajudicial methods of dealing with complaints and redress:
  • The customer is entitled to ask the permanent amicable consumer courts referred to in Art. 37 of the Act of 15 December 2000. Trade Inspection (OJ 2001 No. 4 pos. 25, as amended.) a proposal to settle the dispute arising from the concluded Purchase Agreement. Rules of organization and operation of permanent consumer courts of arbitration determines the justice ministry decree of 25 September 2001. On the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item. 1214).
  • The customer is entitled to ask the provincial inspector of Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000. Trade Inspection (OJ 2001 No. 4 pos. 25, as amended.) proposing the initiation of mediation proceedings on the amicable settlement of the dispute between Customer and Reseller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of Trade Inspection is available on the premises and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
  • The customer can get free help in the settlement of the dispute between Customer and Reseller, also taking advantage of the free assistance of district (municipal) consumer ombudsman or social organization to which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

 

§14 Personal data in the Shop

 

  1. The Administrator of the personal data collected through the shop web pages is the Seller
  2. Client’s personal data collected by administrator are collected for the purpose of sale contract realisation and in case of client’s acceptance for marketing purposes.
  3. The personal data may be processed by:
    1. In case of selecting particular delivery service administrator will transfer client’s personal data to the shipping company in order to deliver purchased products.
    2. In case of selecting particular payment method administrator will transfer client’s personal data to the selected company that supports payment transaction for purchased products.
  4. The Client has right to access own personal data and amend them accordingly
  5. Providing personal data is voluntary however providing data is mandatory in order to make the purchase.

 

§15 Final provisions

 

  1. Sale contracts concluded through the Shop are concluded in the Polish or English languages
  2. We reserve the right to change or modify these Terms for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time. If you have any questions, concerns, or comments about our Terms please email us at [email protected].
  3. In case of matters not covered by this terms of use Polish law is applicable in particular; Providing Services by Electronic Means act, Consumer Right act, Personal Data protection act.
  4. The Client shall has a right to use extrajudicial methods for dealing with complaints and redress. In that case may raise complain through the European Union internet platform ODR under following internet website: http://ec.europa.eu/consumers/odr/.