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§1 GENERAL PROVISIONS
These Regulations of the Online Store (hereinafter referred to as the "Regulations") define the rules for using the Online Store, including, among others, placing and executing Orders, using the Customer Account, complaint procedure, and rights related to withdrawal from the Sales Agreement.
The Regulations are made available to the Customer at: Shop rules free of charge, before concluding the Sales Agreement, in a way that enables obtaining, reproducing and recording the content of the Regulations using the ICT System used by the Customer.
The Customer is obliged to comply with all provisions of the Regulations. Sales are based on the current version of these Regulations, i.e. the version that is valid and accepted by the Customer at the time of placing the Order.
The conclusion of an agreement for the electronic provision of the Customer Account services indicated in these Regulations is subject to registration in the Online Store, reading and accepting the content of these Regulations.
By concluding an agreement for the electronic provision of Customer Account services, the Seller undertakes to provide the Customer with permanent access services to the Customer Account and to use the Online Store to the full extent on the basis, within and under the terms specified in these Regulations.
§2 DEFINITIONS
Whenever the Regulations mention:
"Seller" – should be understood by this LakiraMilano, address Os. Bolesława Chrobrego 13a, 60-694 Poznań, NIP number: 9721321940, REGON number: 520412697, e-mail milanolakira@gmail.com - who runs the Online Store and sells Goods through it;
"Client" - it should be understood as a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity - using Online Store, including using the Customer Account created for it by the Seller;
"Consumer" - this should be understood as a Customer who is a natural person, using the Online Store, in particular making purchases, to an extent not directly related to the Customer's business or professional activity;
"Pages" – this should be understood jointly as the Seller and the Customer;
"Sales contract" – it should be understood as a distance contract, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.
"Online Store" – this should be understood as an online platform milano-cosmetic-polska.pl administered by the Seller, available online via the website milano-cosmetic-polska.pl, through which the Customer can purchase Goods;
"ICT System" - it should be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a telecommunications terminal device appropriate for a given type of network within the meaning of the Act of July 16, 2004 - Law telecommunications (i.e. Journal of Laws of 2019, item 2460, as amended);
"Commodities" - this should be understood as a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. Photos of the Goods are for illustrative purposes only; this means that the Goods in the photos may differ slightly from their actual appearance due to the individual settings of the Customer's computer equipment (e.g. color saturation, proportions)
"Customer Account" – this should be understood as an individual account created for the Customer as part of the provision of electronic services by the Seller, through which the Customer has access to the Online Store and has the opportunity, among other things, to place Orders in a simplified manner;
"Electronic Address" – this should be understood as the marking of the ICT System enabling communication via electronic means of communication, in particular e-mail;
"I appreciate" – this should be understood as the gross value of the Goods expressed in PLN, including the tax on goods and services. The price does not include the cost of delivery, which depends on the method of delivering the Goods to the Customer, as well as on the value and size of the Order and is provided when the Customer chooses the method of delivery of the Goods. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the basket before the Customer places the Order;
"Personal Data" - it should be understood as information about an identified or identifiable natural person;
"Personal Data Controller" - it should be understood as the Seller who, acting in this role, independently or jointly with others, determines the purposes and methods of processing Personal Data;
"Regulations" - this should be understood as this document;
"GDPR" – this should be understood as REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation) (OJ EU.L.2016.119.1 of 2016/05/04);
"Order" this should be understood as the Customer's declaration of will submitted via the Online Store specifying: the type and quantity of the ordered Goods; type of delivery; type and amount of payment; place of delivery of the item, Customer's data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
The Online Store is run by the Seller.
The Online Store is not intended for wholesale sales. If you wish to purchase Goods in bulk, the Customer should contact the Seller by e-mail by sending an inquiry to the Seller's Electronic Address: milanolakira@gmail.com. If the content of the Order placed via the Online Store indicates that the order is a wholesale Order, the Seller has the right to refuse to process such an Order by informing the Customer about it via an appropriate message in the Online Store or by contacting the Customer regarding this matter.
Information about the Goods posted on the Online Store's website does not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to submit offers within the meaning of Art. 71 of the Civil Code.
Information about the Goods posted in the Online Store does not mean that the Goods are actually available from the Seller and that it is possible to complete an Order for them.
The goods presented in the Online Store may have a warranty from the manufacturer, importer or Seller, which covers the territory of Poland. The warranty period for each Good is indicated in its description. Detailed conditions for the implementation of the warranty are specified in the warranty card issued by the guarantor.
The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional campaigns in the Online Store, in particular based on the regulations of a given promotion. The introduced changes do not affect the effectiveness and execution of previously placed Orders by the Customer.
The Seller ensures that the Online Store is available to the Customer only online and provided that the Customer provides, at his own expense:
computer equipment with an operating system allowing the use of Internet resources,
Internet connection;
access to an individual e-mail account;
a properly configured web browser in the latest official version with cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
Subject to any other provisions of the Regulations, the Online Store is available to the Customer while using the Online Store, 24 hours a day, seven days a week.
The Seller reserves the possibility of the Online Store being unavailable to the Customer in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, troubleshooting, making necessary adaptations, changes and other similar activities.
The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and by changing the existing functionality.
§4 CUSTOMER ACCOUNT
The condition for the Customer to use the full range of functionalities of the Online Store is acceptance of the provisions of the Regulations, free registration of the Customer Account in the Online Store and confirmation of this registration by the Seller.
Creating a Customer Account is not necessary to place an Order in the Online Store.
By registering a Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the provision of electronic services of maintaining a Customer Account in accordance with the provisions of the Regulations.
When registering a Customer Account, the Customer enters a login and password established by him and known only to him. The customer is obliged to ensure that his login and password remain confidential, and in particular he may not disclose them to unauthorized persons.
In order to register a Customer Account, the Customer should:
complete the registration form available in the Online Store;
complete all form fields marked with an asterisk as mandatory;
accept the Regulations.
The data entered into the registration form when registering the Customer Account should refer to the Customer and should be true.
During the registration of the Customer Account, a confirmation of the registration of the Customer Account in the Online Store will be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer Account. At this moment, an agreement for the electronic provision of the service of maintaining the Customer Account is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during registration.
The Seller may refuse to accept the registration of the Customer Account and conclude an agreement for the provision of electronic services for important reasons.
§5 ORDERS AND THEIR IMPLEMENTATION
Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
The Customer may place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary to complete the Order.
In order to place an Order via the Online Store, the Customer adds the selected Goods to the basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and undertakes other technical activities based on the messages displayed to the Customer, including the method of delivery and payment method. Then, the Customer places an Order by sending an electronic Order form to the Seller by selecting the "Order with payment obligation" button (or its equivalent) on the Online Store website. In order to place an Order, the Customer must first accept the provisions of the Regulations. In the summary of the Order, before it is sent to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Goods, delivery costs, as well as all additional costs charged to him in connection with the Order.
Sending the Order by the Customer constitutes an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the Order.
After placing the Order, the Seller sends information about the acceptance of the Order for execution to the Electronic Address provided by the Customer. This information constitutes the Seller's declaration of acceptance of the offer, which is tantamount to the conclusion of a Sales Agreement by the Parties.
The price given in the basket when the Customer places the Order is binding and final.
The Customer may pay for the Order placed in the Online Store:
cash on delivery - in the case of delivery of the Goods by courier or collection of the Goods in person by the Customer, or
in advance - by traditional transfer to the Seller's payment account no. Bank account number: 74 1140 2004 0000 3002 8323 8158 or by electronic payments and payment card payments via electronic payment operators.
When making a payment, the customer will be informed about its amount immediately before making it, as well as about available payment methods and the details of the payment operator. Detailed regulations for making payments through operators implementing electronic payments are available on the website of a given operator.
In order to make a payment via the electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which he will be redirected from the Online Store, and immediately pay for the placed Order.
The Customer declares that he consents to the Service Provider using and transmitting electronic invoices that do not require signatures of the parties in PDF format by sending them to the Electronic Address indicated by the Customer. The Seller provides the Customer with an electronic invoice immediately after receiving payment for the Order.
The Seller delivers Goods only within the territory of the Republic of Poland, unless otherwise stated in the description of a given Good.
When placing an Order, the Customer selects the method of delivery of the Goods. The goods may be delivered to the customer:
via courier company,
using a parcel locker,
by personal collection of the Goods by the Customer at the Seller's branch.
The Seller provides information in the Online Store about the number of business days needed to deliver the Goods using a specific delivery method.
When receiving the shipment of Goods, the Customer should check its condition, and if the packaging is found to be damaged or damaged, it is recommended that the Customer prepare a damage report in the presence of the person issuing the Goods. The Customer should immediately send a damage report to the Seller along with a possible complaint.
The Seller reserves a maximum order processing time of 30 days. After the ineffective expiry of this period, the Customer may cancel the Order by sending a declaration of cancellation to the Seller. In such a case, the Seller shall immediately refund to the Customer who is a Consumer all payments made by him, including any costs of delivering the Goods.
The Seller attaches sales confirmation to each delivered Order in the form of a VAT invoice or fiscal receipt. If the Ordering Party is a VAT payer and wants to receive an invoice, he or she should send the Seller appropriate information, e.g. via e-mail immediately after the purchase, providing the necessary data.
§6 TERMINATION AND EXPIRATION OF THE SERVICES AGREEMENT
This chapter does not apply to Sales Agreements, but applies only to agreements for the electronic provision of Customer Account management services.
The contract for the provision of electronic services may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the contract by sending the Customer a message to the Electronic Address indicated by the Customer in the Customer Account.
The Seller has the right to terminate the contract for the provision of electronic services at any time for important reasons with a 14-day notice period. The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the Electronic Address indicated by the Customer in the Customer Account.
The contract for the provision of electronic services expires in the event of:
Death or liquidation of the Client;
Liquidation of the Seller or cessation of the Seller's business activities.
§7 PERSONAL DATA PROTECTION
The Seller, as the Personal Data Administrator, makes every effort to provide all possible means of physical, technical and organizational protection of Personal Data against accidental or intentional destruction, accidental loss, change, unauthorized disclosure, use or access, in accordance with all applicable laws, including GDPR.
The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer increasingly improved functionalities of the Online Store and more tailored advertising. If the Customer does not agree to saving and receiving information in cookies, he or she may change the cookie rules using the settings of his or her web browser or use the so-called opt-out on the website of the provider of a given technological solution. Detailed information on the technologies used by the Seller is available in the Cookies Policy available milano-cosmetic-polska.pl
More information on the processing of Personal Data by the Seller can be found in the Privacy Policy available milano-cosmetic-polska.pl
§8 LIABILITY
The Customer is obliged to use the Online Store in accordance with its intended purpose and refrain from any activity that could disturb its proper functioning.
The Customer is prohibited from introducing illegal content to the Online Store area. The Customer is fully responsible for the correctness, scope, completeness, content and legal compliance of the data entered and stored in the Customer Account.
To the extent permitted by law, the Seller is not responsible for:
blocking by administrators of mail servers that handle the Customer's e-mail messages, the Seller's messages sent to the Customer's Electronic Address and for deleting and blocking e-mail messages sent by the Seller through software installed on the computer equipment used by the Customer;
incorrect operation of the Online Store resulting from the fact that the Customer's computer equipment, software or Internet access do not meet the technical requirements specified in the Regulations;
consequences of providing incorrect or untrue Customer data by the Customer when registering a Customer Account or placing an Order.
The Online Store may contain links to other websites. The Seller is not responsible for the content, form and correctness of the information contained in these links. Viewing the content of links is at the Customer's own risk.
The Seller reserves the right to place advertising content in any part of the Online Store in the forms used on the Internet. The Seller is not responsible for advertising content posted in the Online Store and for any resulting claims from third parties.
Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damage caused to Customers who are not Consumers is limited to the amount that such Customer paid to the Seller for the purchase of a given Good, regardless of the source and legal basis of the claim of the Customer who is not a Consumer, and also excluded there is liability for lost profits.
§ 9 WITHDRAWAL FROM THE SALES AGREEMENT
The Consumer is entitled to withdraw from the concluded Sales Agreement, without giving a reason, within 14 days from the date of receipt of the Order. This period begins to run:
from the Consumer or a third party indicated by him other than the carrier taking possession of the Goods,
if the Sales Agreement covers many Goods that are delivered separately, in batches or in parts - from taking possession of the last Goods, batch or part
in the case of a sales contract, the contract of sale consists in the regular delivery of items for a specified period of time - from taking possession of the first item;
for other cases - from the date of conclusion of the Sales Agreement.
In order to meet the deadline to withdraw from the Sales Agreement, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract expires.
In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a declaration of withdrawal, preferably to the Electronic Address milanolakira@gmail.com If the Consumer uses this option, the Seller will immediately send the Consumer confirmation of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).
The Consumer may formulate a declaration of withdrawal from the Sales Agreement in the following way (however, the following formula is not obligatory):
Declaration of withdrawal from the Sales Agreement
Seller Name: LakiraMilano
Seller's address: Os. Bolesława Chrobrego 13a, 60-694 Poznań
Seller's e-mail: milanolakira@gmail.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Name and Surname of the Consumer(s): ________________________________________________________
Consumer(s) Address: ____________________________________________________
Signature of the Consumer(s) (only in the case of declarations in paper form):______________________
Date: ___________________________________________________________________
(*) delete as appropriate
In the event of withdrawal from the Sales Agreement, the agreement is considered null and void.
The Seller will refund to the Consumer all payments received related to the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, however, in terms of reimbursement of delivery costs, the Seller is obliged to refund only the cost of the usual, cheapest method of delivering the Order offered by the Seller. Direct costs related to the return of the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer.
The Seller will refund the payments received from the Consumer, including the Product Price and delivery costs, immediately, but no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement sent by the Consumer, subject to section 8 below. The payment will be refunded through the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
A consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline, it is enough to return the Goods before its expiry. The returned Goods should remain in a condition not exceeding that necessary to establish the nature of the Goods, their characteristics and functioning. The Seller may withhold the refund of the payment for the Goods until the item is received or until the Seller is provided with proof of its return, depending on which event occurs first.
The Consumer is not entitled to withdraw from the Sales Agreement in relation to Sales Agreements:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
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;
in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.
The Consumer's rights referred to in this § 9 are also available to the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed by the person. business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
§10 DEFECTS OF GOODS. COMPLAINTS.
The Seller is obliged to provide the Customer with Goods free from defects.
The Seller is liable to the Customer, under warranty, for physical or legal defects of the Goods purchased by the Customer. In the case of sales that do not constitute consumer sales, the provisions contained in articles 556-576 of the Civil Code are excluded, taking into account art. 5564 and 5565 of the Civil Code.
The consumer has the right to request a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is also granted to a Customer who is a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Business.
The Customer may submit complaints and information related to non-performance or improper performance of the Sales Agreement by the Seller, including defects of the Goods, or the provision of electronic services specified in the Regulations in any form, in particular electronically to the Seller's Electronic Address. milanolakira@gmail.com or by post to the Seller's address, Os. Bolesława Chrobrego 13a, 60-694 Poznań.
In order to efficiently consider a complaint, it should include:
Data of the person submitting the complaint (name and surname/name and address of the Customer, Electronic Address);
Description of the event giving rise to the complaint;
Customer expectations as to how the complaint will be satisfied;
Proof of purchase if the complaint concerns the ordered Goods.
In the event of complaints regarding defects in the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the delivery cost is covered by the Seller.
The Seller will, within 14 (fourteen) calendar days from receiving a complete complaint notification, respond to the Customer's complaint and notify him of further actions related to the complaint under consideration.
If the complaint is considered in favor of the Customer, the costs of replacing or repairing the Goods shall be borne by the Seller.
The Customer will receive information about how the complaint will be handled by electronic correspondence to the Electronic Address provided in the complaint.
§11 FINAL PROVISIONS
These Regulations enter into force on November 30, 2022
The Seller reserves the right to unilaterally change the provisions of the Regulations, without having to justify the reasons for such a change, and at the same time undertakes to inform the Customer about each change to the Regulations by placing the uniform text of the Regulations on the website. https://milano-cosmetic-polska.pl/regulamin-sklepu/. Changes to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations come into force - such orders are processed in accordance with the provisions of the Regulations in force on the date of placing the order.
Changes made to the Regulations come into force 7 days after their content is made available on the website https://milano-cosmetic-polska.pl/regulamin-sklepu/. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract for the provision of the Customer Account service in accordance with the provisions of §6 of the Regulations.
In matters not regulated by these Regulations, the relevant provisions of Polish law will apply, in particular the provisions of the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of May 30 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
The Parties will try to resolve any disputes arising from the performance of the Sales Agreement amicably. If the Parties who are entrepreneurs fail to reach an agreement to amicably resolve the dispute within 60 days from the date of filing the claim, the court having jurisdiction over the Seller's registered office will be competent to finally resolve the dispute.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. These include in particular:
permanent, consumer arbitration court operating at the Trade Inspection
mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller, which are conducted before the provincial inspector of the Trade Inspection;
assistance in resolving the dispute between the Customer and the Seller provided by the appropriate district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) available at: http://ec.europa.eu/consumers/odr/
The European Commission provides consumers with the opportunity to resolve disputes in online commerce in accordance with Art. 14 section 1 ODR (Online Dispute Resolution), on one of the platforms. Platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can attempt to reach out-of-court settlements in disputes arising from online purchases and service contracts.
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