Online store rules and regulations
§ 1. GENERAL PROVISIONS
1.1. Online Store available at https://elancosmetics.net/pl/ website is run by ELAN PROFESSIONAL LINE Sp. z o.o., ul. Adama Mickiewicza 31 office 7, 10-508 Olsztyn; entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000839181; NIP (Tax Identification Number): 7393939857; REGON (Business Registry Number): 386021224; e-mail address firstname.lastname@example.org
1.2 The Rules and Regulations determines the principles of:
- a) the provision of electronic services by the Seller to the Customers, in particular those consisting in the creating and maintenance of the Customer account, sending the Newsletter to the Customers and enabling the Customers to use the interactive Order Form,
- b) execution and performance of the Contract of Sale of the Goods presented in the Store as well as additional Services provided by the Seller in the course of sale.
1.3 These Rules and Regulations shall apply only to the Consumers using the Online Store.
1.4 To use the Store, it is necessary to have a device which provides access to the Internet, active e-mail, and an Internet browser which allows viewing websites: Mozilla FireFox 30.x or latter, Google Chrome 35.x or latter, Microsoft Internet Explorer 10.0 or latter. Using some of the Store applications may depend on the installation of Java, Java Script or other software specified by the Seller in regard to these applications and acceptance of cookies.
1.5 Costs arising from the use of the Internet by the Customer depend on the price list provided by the telecommunications operator or Internet access service provider used by the Customer. These costs and all other costs related to provision of technical conditions specified in section 4 above shall be borne by the Customer.
1.7 Any and all rights to the Store, including the author's economic rights and intellectual property rights, belong to the Seller.
1.9 To place an Order in the Store and to use the services provided electronically by the Service Provider, it is required to use an e-mail account.
1.10 It is prohibited for the Customer to provide unlawful content which violates the applicable provisions of law, or to use the Website in a manner which is unlawful or in a manner which violates the rights of third parties.
1.11 Using the Internet carries the risk of disclosing content to people for whom it is not intended. The Seller recommends the use of anti-virus programmes on devices used by the Customer.
1.1. Business Day – every day from Monday to Friday, except any public holidays;
1.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.3. ORDER FORM – An Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic shopping cart and specifying the terms and conditions of the Contract of Sale, including the method of delivery and payment.
1.4. CUSTOMER – (1) a natural person having full capacity to perform acts in law, and in the cases provided for by generally applicable provisions of law also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organizational entity not having legal personality whose legal capacity is recognized by law; – who/which has concluded or intends to conclude the Contract of Sale with the Seller.
1.5. POLISH CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws of 1964 no. 16, item 93 as amended).
1.6. ACCOUNT – an individual collection of IT resources having a marked Login and Password, in which, in particular, Customer's data, orders, discounts and history of marketing correspondence with him/her are collected. An Account and Customer Login created in the registration process can be assigned only to one Customer.
1.7 LOGIN – e-mail address of the Customer, necessary to access the account, provided by the Customer during Registration
1.8. PRODUCT – a movable good which is available in the Online Store being the subject of the Contract of Sale between the Customer and the Seller.
1.9. RULES AND REGULATIONS – these Online Store Rules and Regulations
1.10. ONLINE STORE – online store of the Service Provider available at the website: https://elancosmetics.net/pl/
1.11. SELLER; SERVICE PROVIDER – the company: TH EXPO D&D SP ZO O, ul. Nowogrodzka 50 office 515, 00-695 Warsaw; entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000533124, NIP (Tax Identification Number): 7010450872; REGON (Business Registry Number): 360334044
1.12. CONTRACT OF SALE – a Contract of Product Sale being executed or executed by and between the Customer and the Seller via the Online Store.
1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Client via the Online Store.
1.14. CLIENT – (1) a natural person having full capacity to perform acts in law, and in the cases provided for by generally applicable provisions of law also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organizational entity not having legal personality whose legal capacity is recognized by law; – who/which uses or intends to use the Electronic Service.
1.15. POLISH ACT ON CONSUMER RIGHTS, ACT – the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 826 as amended)
1.16. ORDER – Customer's declaration of intent submitted via the Order Form and aimed directly at executing the Product Contract of Sale with the Seller.
§ 2. PERSONAL DATA PROCESSING
2.1. TH EXPO D&D SP ZO O, ul. Nowogrodzka 50 office 515, 00-695 Warsaw; entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000533124; NIP (Tax Identification Number): 7010450872; REGON (Business Registry Number): 360334044, is the Controller of Customer's Personal Data and processes the personal data obtained via https://elancosmetics.net/pl/ website in accordance with the 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) – hereinafter referred to as “GDPR” or “GDPR Regulation”.
§ 3. REGISTRATION PROCEDURE
3.1 In order to create a Customer Account, the Customer is obligated to make a gratuitous Registration on the https://elancosmetics.net/pl/ website
3.2 By registering on the website, the Customer declares that he/she is at least 16 years old. A person under the age of 16 is not entitled to create a Customer Account.
3.3 In order to register, the Customer shall complete the Registration Form provided by the Service Provider and available on the Store's website and shall send the completed Registration Form t the Service Provider by clicking on the “Register account” field. During the Registration process, the Customer shall create an individual Login and Password.
3.4 During the Registration process, the Customer shall have the opportunity to read the Rules and Regulations, accepting its text by marking the appropriate box in the form.
3.5 Upon the completion of Registration process in the Store, each logging takes place with the use of data provided in the Registration Form.
3.6 Once the confirmation of the creation of the Customer Account by the Service Provider has been sent to the Customer's e-mail address provided in the Registration Form, the Contract for the provision of electronic services is concluded with the Customer – the service of maintaining the Customer Account and the service of providing the Contact Form. Thereby the Customer has the possibility to access the Customer Account and to make changes to the data provided during Registration process. The service provided is free of costs.
§ 4. SIMPLIFIED REGISTRATION
4.1 The Customer has a possibility to buy a product as a so called “Guest” without making a full registration in the situation of placing an Order by phone, or by submitting an Order on the https://elancosmetics.net/pl/ website
by selecting "Purchase as a Guest" option.
4.2 By making a purchase as “Guest”, the Customer declares that he/she is at least 16 years old. A person who is under the age of 16 is not entitled to make a purchase in the manner stipulated in this paragraph.
4.3 When the Customer makes a purchase as a Guest, he/she has an account created with a minimum amount of data which are necessary to complete the Order. The Seller cannot process the Customer's Order without creating an account for him/her. After creating an account for the Customer, data enabling access to the account will be sent in a separate e-mail to the e-mail address provided by the Customer.
4.4 After completion of the Order, the Guest may request the Seller to delete his/her Customer Account via e-mail to the following address: https://elancosmetics.net/pl/ or in writing to the address of the Seller specified in these Rules and Regulations. The requests are implemented pursuant to the principles stipulated in § 12 sec. 5 of the Rules and Regulations.
§ 5. PRINCIPLES OF PURCHASING
5.1 Information on the Goods shall constitute an invitation to conclude a contract within the meaning of art. 71 of the Polish Civil Code.
5.2 Information on the Goods shall not constitute offers within the meaning of Polish Civil Code provisions.
5.3. The Customer, by placing an Order using the mechanisms available on the Store's online pages (the Order Form), submits an offer to purchase a specific Good under the conditions specified in its description.
5.4 The Customer may place Orders for Goods available in the Store as a Registered Customer (after logging into the Customer's Account) or as a so-called “Guest” (purchase with limited registration).
5.5 Prices of Goods posted on the Store's website:
- a) include tax on goods and services (VAT) and are given in Polish zlotys (PLN);
- b) do not include delivery costs. Delivery costs depend on the method of Goods delivery to the Customer, as well as on the value and size of the Order and are shown in the summary of the Order.
5.6 In order to place an Order, the Customer should:
- a) select the Good that he/she is interested in buying, and then click the “Add to Cart” button or the cart icon, but he/she wants to buy several products, this should be repeated for each of the selected products separately; the selection can also be made by clicking the (+) or (-) button next to the selected Good,
- b) upon completion of the product selection process, go to the “Cart” (“Show Cart” button), then click “Continue” and log in to your Customer Account or accept the Store Rules and Regulations (in the case of a Customer making a purchase as Guest and then: choose the delivery method and payment method;
- c) enter the details of the Order recipient and the address to which the Goods are to be delivered;
- c) enter the invoice details if different from the order receipt details;
- d) click the “Confirm purchase with obligation to pay” button.
5.7 The total cost of the Order (i.e. the price of the Good, including the cost of Delivery) is indicated in the Cart before clicking the “Confirm purchase with obligation to pay” button by the Customer.
5.8 After placing the Order, a confirmation of this fact and information about the Order being accepted or about obstacles to execute the Order will be sent to the Customer's e-mail address or to the Customer's address indicated in the Customer's Account.
5.9 The Seller's declaration of acceptance of the Order for execution is also a confirmation of the conclusion of the Contract of Sale by and between the Seller and the Customer.
5.10 Upon conclusion of the Contract of Sale, the Seller shall confirm its conditions by sending them (on permanent data medium) to the Customer's e-mail address or to the Customer's address indicated in the Customer's Account.
5.11 The Order execution date is given individually for each Good and expressed in the number of days.
5.12 In the event of absence of the ordered Goods in the Store or the inability to complete the Customer's Order for other reasons, the Seller shall inform the Customer of the situation by sending an electronic message to the e-mail address provided by the Customer or to the Customer's address indicated on the Customer's Account or when placing the Order. When upon placing the Order and conclusion of the Contract of Sale a given Good is not available, the Customer shall have to right to rescind the Contract of Sale.
5.13 Prices of Goods do not include information regarding costs of Delivery and other costs which the Customer shall be obligated to bear in regard to the Contract of Sale.
5.14 The Customer shall be informed about all costs related to the Order when choosing the Delivery method and placing the Order.
5.15 Payment is made in the form of a bank transfer (“Payment prior to shipment” button) via one of the available payment methods or in cash (“Cash on delivery” button). In the case of payment prior to shipment, the implementation of the Order shall begin after the Seller receives information about the payment made by the Customer (through one of the available payment methods) and after the Seller sends a confirmation of the acceptance of the Order to the Customer.
5.16 In the Order placement confirmation sent by the Seller, the Customer is informed about the date when he/she is required to pay for the Order.
5.17 In the event when the Customer does not pay for the Order referred to in sec. 16 of these Rules and Regulation, the Seller shall provide the Customer with an additional date and inform the Customer on a permanent data medium that upon ineffective expiration of an indicated date, the Seller rescind the Contract of Sale, pursuant to Art. 491 of the Polish Civil Code. The declaration on rescission from the Contract of Sale shall be sent to the e-mail address provided by the Customer or to the Customer's address indicated on the Customer's Account or when placing the Order.
5.18 Delivery takes place within the territory of the Republic of Poland or abroad in the territory of the states indicated on the https://elancosmetics.net/pl/ website as international shipments.
5.19 The Seller shall provide the Customer with the following methods of delivery or receipt of the Product:
- a) Postal shipping,
- b) Courier shipping,
- c) Courier shipping with cash on delivery,
- d) Self-service parcel pick-up station.
5.20 The Seller shall include on the Store website the information on the date when the Good being the subject of the Order will be delivered. The above information is of approximate nature and shall be counted from the moment of acceptance the Order to be executed to the moment of Goods shipment. The Order execution time shall be provided taking into consideration the date of completing the ordered Goods and depends on their availability.
5.21 The Seller shall declare that the delivered Goods being the subject of the Contract of Sale have no defects.
5.22 The ordered Goods are delivered to the Customer's address via the Deliverer to the address indicated on the Order form or in the Customer Account.
5.23 Provision of the wrong or incomplete delivery address by the Customer may affect extension of the delivery time or the lack of delivery.
5.24 The Seller shall send information to the Customer's e-mail address with shipping confirmation on the day when the Goods are sent to the Customer.
5.25 The Customer shall be obliged to check the delivered Goods, and in the event of a defect or damage to the parcel, he/she shall have the right to request the Deliverer's representative to draw up a delivery report with the damage description.
5.26 The Seller shall attach to the parcel being the subject of Delivery a receipt or a VAT invoice regarding the delivered Goods.
5.27 In the event of absence of the Customer at the indicated address, the Deliverer will leave a notification or attempt to contact the Customer by phone to appoint a different delivery date. In the event of a return of the ordered Good to the Store by the Deliverer, the Seller shall contact the Customer by e-mail or phone, appointing the date and costs of re-delivery with the Customer.
5.28 The costs of re-delivery shall be borne by the Customer.
§ 6. LIABILITY AND OBLIGATION OF THE SELLER (SERVICE PROVIDER). STATUTORY WARRANTY
6.1 On the basis of Art. 558 § 1 of the Polish Civil Code, the Seller indemnifies against liability towards the Customers for physical and legal defects (statutory warranty).
6.2 The Seller shall be liable to the Customer for the defects under the principles stipulated in Art. 556 and the following of the Polish Civil Code (statutory warranty).
6.3 In case of the Contract with the Consumer, if a physical defect has been found within one year from the product delivery date, it is assumed that it existed at the time when the risk was passed to the Consumer.
6.4 If a sold product has a defect, the Consumer shall have to right to:
- submit a statement on price reduction demand;
- submit a statement on rescission from the Contract;
unless the Seller promptly and without undue inconvenience for the Consumer replaces the defective product with a non-defective product or removes the defect. However, if the product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the product with a non-defective one or remove the defect, the Seller shall not have the right to replace the product or remove the defect.
6.5 Instead of removal of the defect suggested by the Seller, the Consumer may request the replacement for product free from defects, or instead of the replacement of the product, the Consumer may demand removal of the defect, unless bringing the item into compliance with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method suggested by the Seller, while when assessing the costs overruns, the following is taken into account: the value of the product free from defects, the type and significance of the defect, and also the inconvenience which the Consumer would be exposed to due to other method of satisfaction.
6.6 The Consumer cannot rescind the Contract from if the defect is irrelevant.
6.7. If a sold product has a defect, the Consumer shall also have to right to:
- demand replacing the defective product with a non-defective product;
- demand removing the defect.
6.8. The Seller shall be obligated to replace the defective products with a non-defective product and remove the defect within a reasonable period of time and without undue inconvenience to the Consumer.
6.9. The Seller shall have the right to refuse to satisfy the Consumer's demand if bringing the defective product into conformity with the Contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the other possible way to bring it into conformity with the Contract.
6.10. The Consumer who exercises the rights under the statutory warranty shall be obliged, at the expense of the Seller, to deliver the defective product to the address intended for complaints in accordance with the complaint procedure available at: https://elancosmetics.net/pl/, and if due to the type of product or the manner it was installed, the delivery of the product by the Consumer would be excessively difficult, the Consumer shall be obliged to make the product available to the Seller in the place where the product is located. In the event when the Seller fails to perform the obligation, the Consumer shall be entitled to return the product at the expense and risk of the Seller.
- The costs of replacement or repair shall be borne by the Seller.
- The Seller shall be obliged to accept the defective product from the Consumer in the event of replacement the defective product with a non-defective product or rescission from the Contract.
- Within fourteen days the Seller shall respond to:
- a statement on price reduction demand;
- a statement on rescission from the Contract;
- demand regarding replacement of the defective product with a non-defective product;
- demand regarding removing the defect.
Otherwise, it is considered that the Seller has considered the Consumer's statement or demand justified.
- The Seller shall be liable under the statutory warranty if a physical defect is found within two years from the delivery date of the product to the Consumer.
- The Consumer's claim to remove the defect or replace the product sold with a non-defective product shall expiry after one year, counting from the date when the defect was found, but not earlier than two years after the product was delivered to the Consumer, and if the subject of sale is a product used within one year – counting from the moment of product delivery to the Customer.
- In the event when the product expiry date specified by the Seller or the manufacturer ends after two years from the delivery date of the product to the Consumer, the Seller shall be liable for physical defects of this product found before that date under the statutory warranty.
- On the dates stipulated in § 6 points 15-17, the Consumer may submit a statement on rescission from the Contract or on price reduction due to a physical defect of the product sold, and if the Consumer demanded replacement of the defective product with a non-defective product or removal of the defect, the time limit for submitting the statement on rescission from the Contract or on price reduction shall start as of the ineffective expiry of the date of product replacement or defect removal.
- In the event of seeking one of the rights, under the statutory warranty before a court or arbitral tribunal, the time limit for exercising other rights to which the Consumer is entitled under the statutory warranty shall be suspended until the finally binding termination of proceedings. Consequently, mediation proceedings shall also apply, and then the time limit for exercising other rights to which the Consumer is entitled under the statutory warranty shall start from the date when the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
§ 7. COMPLAINT PROCEDURE
7.1 The Customer shall have the right to lodge complaints related to the Goods by sending information to the Seller's address indicated in these Rules and Regulations or to the e-mail address: https://elancosmetics.net/pl/
7.2 Within 14 (fourteen) calendar days of receipt of the complaint, the Seller shall respond to the complaint.
7.3 In order have the Seller handle the complaint, the Customer should provide the Seller with the Goods being subject to complaint along with the proof of purchase and description of the defects.
7.4 We recommend that the Customer provide the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date when the defect occurred; (2) determining on how to bring the Product into compliance with the Contract of Sale or a statement on price reduction or rescission from the Contract of Sale; and contact details of the complainant – this will simplify and accelerate the consideration of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
7.5 No complaint may be based on, in particular:
- a) reference to circumstances related to the malfunction of the web browser, telecommunications connections, service repairs which the Service Provider has to carry out in order to maintain the System;
- b) other circumstances related to activities of entities for the actions of which the Service Provider does not bear responsibility;
- c) mechanical damage to the Good arising from the causes attributable to the Customer and damage to the Good arising from the lack of or improper maintenance;
- d) damage caused as a result of improper use of the Goods.
7.6 If the Seller does not respond to the complaint within the time limit referred to in section 2, it is considered that the complaint has been accepted by the Seller.
7.7 The response to complaint shall be sent by the Seller to the Customer on paper or on a permanent data medium to the Customer's e-mail address or to the Customer's address indicated on the Customer Account or when placing the Order.
§ 8. RESCISSION FROM THE CONTRACT
8.1 A Customer who is a Consumer (referred to in this paragraph as the Consumer) who has concluded the Contract of Sale can rescind it without stating a reason within 14 (in words: fourteen) calendar days
8.2 The time limit to rescind the Contract of Sale shall start when the Consumer acquires possession of the Good or in which a third party other than the carrier and indicated by the Consumer acquires possession of the Good. It is sufficient to send information about the rescission from the Contract of Sale by means of an unambiguous statement via e-mail to the Seller's address indicated in these Rules and Regulations or via the form available on the Store website at https://elancosmetics.net/pl/
8.3 Upon submission of the rescission by the Consumer, the Seller shall promptly send to the Consumer the confirmation of receipt of the information on rescission from the Contract of Sale on a permanent data medium, i.e. by e-mail or to the Consumer's address indicated in the registration form or provided when placing the an Order.
8.4 The time limit to rescind the Contract of Sale shall expiry within 14 (in words: fourteen) calendar days counted from the date when the Consumer acquires possession of the Good or in which a third party other than the carrier and indicated by the Consumer acquires possession of the Good.
8.5 The Contract of Sale rescinded by the Consumer shall be considered as not concluded.
8.6 If the Consumer submitted a statement on rescission from the Contract of Sale before the Seller accepted the Consumer offer, the offer ceases to be binding.
8.7 The Seller shall immediately, no later than within 14 (in words: fourteen) calendar days from the date of receipt of the Consumer's statement on rescission from the Contract of Sale, return to the Consumer all payments made by him/her, including the costs of Delivery of the Goods. The Seller shall refrain from returning the payment until the Seller receives the Good or the proof of sending the Good is delivered to the Seller by the Consumer, depending on which event occurs first.
8.8 The Seller shall be obliged to pay the Consumer the costs of the cheapest method of Delivery offered by the Seller. If the Consumer has chosen a delivery method other than the cheapest, the Seller shall not be obliged to reimburse the additional costs incurred by the Consumer.
8.9 The Consumer shall be obliged to return the Goods immediately, no later than within 14 (in words| fourteen) calendar days from the day of rescission from the Contract of Sale. To meet the aforementioned time limit, it is sufficient to sent the Goods on the Seller's address: TH EXPO D&D SP ZO O, ul. Nowogrodzka 50 office 515, 00-695 Warsaw) prior to the expiration of time limit.
8.10 In the event of rescission from the Contract of Sale, the Consumer shall bear only the direct costs of returning the Good.
8.11 The Consumer shall bear responsibility for diminishing the value of the Good as a result of using it in a way which goes beyond what is necessary to determine the nature, characteristics and functioning of the Good.
8.12 The Seller shall refund all payments made by the Consumer using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return which does not involve any costs for the Seller.
8.13 The right to rescind the Contract of Sale shall not be held by the Consumers who have decided to:
- a) purchase a non-prefabricated Good, manufactured according to the specifications given by the Customer or serving to satisfy his/her individual needs;
- b) purchase a Good, which after delivery, due to its nature, is inseparably connected with other products.
§ 9. RESCISSION FROM THE CONTRACT FOR ELECTRONICALLY PROVIDED SERVICES
9.1 Both Parties to the Contract (the Seller and the Customer) shall be entitled to rescind the contract for electronically provided services at any time during its term without stating the reasons.
9.2 The Customer shall submit a declaration of intent directly to the Seller's
The declaration on rescission from the Contract of Sale shall be sent to the
e-mail address provided by the Customer or to the Customer's address indicated on the Customer's Account or when placing the Order.
§ 10. REPORTING OF INFRINGEMENTS
10.1 In the event when the Customer or other entity state that the content published on the Store website Store's website infringes his/her personal rights or applicable provisions of law, he/she shall have the right to notify the Seller.
10.2 The Seller shall immediately use best efforts to remove the aforementioned content.
10.3 Information regarding the aforementioned shall be sent to the following e-mail address: email@example.com
§ 11. GRATUITOUS SERVICES PROVIDED ELECTRONICALLY
11.1 The Seller provides the Customers with the following electronic services which are free of costs:
- a) Contact Form
- b) Maintenance of the Customer Account
11.2 The Seller shall reserve the right to choose and change the type, form, time and method of providing access to selected and listed services, about which the Seller will inform the Customers in a manner appropriate to amend the Rules and Regulations.
11.3 The “Contact Form” service consists of sending a message to the Seller using the form available on the Store Website. Resignation from the “Contact Form” gratuitous service is possible at any time and consists in ceasing to send inquirers to the Seller.
11.4 The “Maintenance of the Customer Account” service is available upon registration on the terms and conditions stipulated in the Rules and Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data which he/she provided during Registration, as well as tracking the history of current and already completed Orders.
11.5 The Customer who has registered may submit a request to the Seller to delete the Customer Account via e-mail to the following address: firstname.lastname@example.org or in writing to the Seller's address indicated in these Rules and Regulations, and the Account may be deleted within 14 (in words: fourteen) calendar days from the date of request.
11.6 The Seller shall be entitled to block access to the Customer Account and gratuitous services in the event when the Customer acts to the detriment of the Seller or other Customers, the Customer violates the provisions of law or the Rules and Regulations, as well as when blocking access to the Customer Account and gratuitous services is justified by security reasons - in particular: breaking the security of the Store website by the Customer. Blocking access to the Customer Account and gratuitous services for these reasons lasts for the period necessary to resolve the issue constituting the basis for the blocking of access to the Customer Account and gratuitous services. The Seller shall notify the Customer about blocking access to the Customer Account and gratuitous services by electronic means to the address provided by the Customer in the registration form.
§ 12. SEVERABILITY CLAUSE
If any of the provisions of the Rules and Regulations is found to be unlawful, invalid or otherwise unenforceable to the extent provided for by the provisions of law of any country in which these provisions are to apply, to the extent that this provision is unlawful, invalid or unenforceable, and in accordance with the provisions of law in force in the jurisdiction in which the provision is unlawful, invalid or unenforceable, it is excluded and removed, and the remainder of the provisions of the Rules and Regulations are in force and remain in full force and are still binding and enforceable.
§ 13. NON-JUDICIAL MEANS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
13.1 Detailed information on the possibility for the Customer who is a consumer to use non-judicial means of handling complaints and seeking claims as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer advocates, social organizations, whose statutory tasks include consumer protection, Province Inspectorates of Trade Inspection and the following Internet addresses of the 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.
13.2 The Customer who is a consumer shall have the following examples of ways to use non-judicial means of handling complaints and seeking claims:
- a) The Customer shall be entitled to turn to a permanent arbitration consumer court referred to in Art. 37 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, no. 4, item 25 as amended), with an application to resolve the dispute arising from the Contract of Sale concluded. The rules of organization and operation of permanent arbitration consumer courts are stipulated in the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent arbitration consumer courts. (Journal of Laws of 2001, no. 113, item 1214).
- b) The Customer shall be entitled to turn to the Province Inspectorates of Trade Inspection, in accordance with Art. 36 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, no. 4, item 25 as amended), with an application to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of mediation procedure conducted by the Province Inspectorate of Trade Inspection is available at the headquarters and on the websites of individual Province Inspectorates of Trade Inspections.
- c) The Customer may obtain gratuitous aid in settling the dispute between the Customer and the Seller, also using the gratuitous aid of the poviat (municipal) consumer advocates or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
13.3 In the event of a dispute, including in particular such in relation with the conclusion of the Contract of Sale, the Parties will endeavour to settle the matter amicably.
13.4 Each Customer can utilize non-judicial means of handling complaints and seeking claims by using mediation. The lists of permanent mediators are published by the Presidents of the appropriate District Courts.
§ 14. FINAL PROVISIONS
14.1 Information on the Goods available on the Store websites shall not constitute offers within the meaning of Polish Civil Code provisions.
14.2 The Seller shall be liable for non-performance or improper performance of the Contract of Sale, in accordance with the provisions of the Polish Civil Code, subject to the provisions of paragraph 3 of this paragraph.
14.3 In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.
14.4 Special offers available in the Store do not combine with each other, unless otherwise provided for in rules of a given special offer. The Store shall not bear responsibility for combining two or more special offers as a result of an IT system error. The Store will cancel such Order.
14.5 The Customer may use the Discount Programme, the terms and conditions of which are available on the Store website at https://elancosmetics.net/pl/. The Discount Programme does not combine with other special offers.
14.6 Each time the rules of a given special offer are published on the Store website at https://elancosmetics.net/pl/
14.7 To the fullest extent permitted by law, the Seller is not responsible for the blocking by mail server administrators of sending messages to the e-mail address provided by the Customer and for the removal and blocking of e-mails by software installed on the computer used by the Customer.
14.8 The Seller shall reserve the right to amend the Rules and Regulations for important reasons.
14.9 The amendment to the Rules and Regulations shall become effective on the date indicated by the Seller, not shorter than 7 (in words: seven) calendar days from the moment of posting on the website. Orders placed by the Customer prior to the entry into force of the amendments are implemented on the basis of the existing Rules and Regulations.
14.10 All matters not settled by these Rules and Regulations shall be governed by applicable provision of Polish law, in particular of Polish Civil Code and of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2017.683).