Conclusion of the contract between the Buyer and the Seller may take place in two ways.
The Buyer has the right before placing an order to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms. These negotiations should be kept in writing and directed to the address of the Seller (PBS SOFT SERVICE Ltd.Sienkiewicza 1 39-300 Mielec).
In the case of the Buyer's resignation from the possibility to conclude a contract by way of individual negotiations, the following terms and applicable law shall apply.
- Personal Data Administrator:
PBS SOFT SERVICE Ltd. Sienkiewicza 1 39-300 Mielec
- Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street number, apartment or flat number, in the case of a town not divided into streets: town name and house number), postal code and town.
- Complaint address:
PBS SOFT SERVICE Ltd. Sienkiewicza 1 39-300 Mielec
- Price list of deliveries – located at https://ladymakeup.eu/delivery-pm-22.html list of available delivery types and their costs.
- Contact details:
- Personal data - all information regarding an identified or identifiable natural person. The information is not considered to enable identification of a person if it would require excessive costs, time or activities.
- Sensitive data - these are personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious affiliation, party or trade union status, as well as data on health status, genetic code, addictions, sex life, convictions, punishments and penal fines, as well as other judgments issued in court or administrative proceedings.
- Delivery - type of transport service including specification of the carrier and cost mentioned in the delivery price list located at https://ladymakeup.eu/delivery-pm-22.html
- Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.
- Product card - a single store subpage containing information about a single product.
- Client - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform legal acts, making a purchase from Seller directly related to its business or professional activity.
- Civil Code - Civil Code Act of April 23, 1964, as amended.
- Code of good practice - a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
- Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
- Cart - a list of products made from the products offered in the store based on the Buyer's choices.
- The buyer - both the Consumer and the Customer.
- Place of delivery - postal address or collection point indicated in the order by the Buyer.
- The moment of issue of the item - the moment when the Buyer or a third party indicated by him for acceptance will take possession of the item.
- ODR Internet platform - an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online dispute resolution system for consumers and amendments to Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC and available at https://webgate.ec.europa.eu/odr
- Payment - method of payment for the subject of the contract and delivery mentioned at https://ladymakeup.eu/payments-pm-19.html
- Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended.
- Consumer law - the Consumer Rights Act of 30 May 2014.
- Product - the minimum and indivisible number of items that can be the subject of the order, and which is given in the Seller's store as a unit of measure in determining its price (price / unit).
- Subject of the contract - products and delivery being the subject of the contract.
- Object of the service - subject of the contract.
- Collection point - the place of issue of the item not being a postal address, listed in the list provided by the Seller in the store.
- Register of UOKiK - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
- RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC
- Thing - a movable thing that may or may be the subject of a contract.
- Shop - Internet service available at https://ladymakeup.eu, via which the Buyer can place an order.
PBS SOFT SERVICE Ltd. Sienkiewicza 1 39-300 Mielec
NIP: 8133682296, REGON: 181058683
registered in the National Court Register: 0000492166
BANK ACCOUNT BIGBPLPW PL 03 1160 2202 0000 0002 9802 0155
- System - a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.
- Completion date - number of hours or working days mentioned in the product card.
- Contract - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.
- Defect - both physical defect and legal defect.
- Physical defect - non-conformity of the item sold with the contract, in particular if the item:
- it does not have properties that this kind of thing should have due to the purpose of the contract marked or resulting from the circumstances or destination;
- does not have properties about which existence the Seller has provided to the Consumer,
- it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
- has been delivered to the Consumer in an incomplete state;
- In the case of of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
- it does not have the characteristics as provided by the manufacturer or his representative or the person who places the product on the market as regards his business and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as a producer, unless The seller did not know these assurances or, judiciously, could not know or they could not affect the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
- Legal defect - a situation when a sold item is owned by a third party or is encumbered with the right of a third party, and if the limitation in the use or disposal of an item results from a decision or ruling by a competent authority.
- Order - Buyer's declaration of intent made through the store clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.
§2 General conditions
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- The place of delivery must be on the territory of the European Union.
- The seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices quoted by the Seller are expressed in PLN, GBP, EUR and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
- All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day in which the event occurred.
- Confirmation, disclosure, consolidation, security of all material provisions of the contract in order to gain access to this information in the future takes place in the form of:
- confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to self-download the regulations and the pattern of withdrawal from the contract;
- attach to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the right to withdraw from the contract, these regulations, the model withdrawal form.
- The seller informs about the guarantees granted to him by third parties for products in the store.
- The seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing for him a specific service enabling communication at a distance.
- The seller provides the Buyer using the system with the correctness of the store's operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with resolution horizontal above 1024 px. The use of third party software affecting the functionality and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get full functionality of the store https://ladymakeup.eu you must disable them all.
- The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his account. Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account at any time.
- The seller applies to the Codes of Good Practice.
- The buyer is obliged to:
- not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
- using the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or placing unsolicited commercial information (spam) within the store,
- using the store in a way that is not inconvenient for other Buyers and for the Seller,
- use any content posted in the store only for personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette
§3 Conclusion of the contract and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to the basket;
- choosing the type of delivery;
- choosing the payment type;
- choosing the place of delivery;
- placing an order in the store by using the "Buy and pay" button.
- Conclusion of the contract with the Consumer takes place when the order is placed.
- Delivery of the Consumer's order for cash on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after posting the Consumer's payment on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the payment fault and informed the Seller.
- The conclusion of the contract with the Customer takes place at the moment of the order acceptance by the Seller, which he informs the Customer within 48 hours of placing the order.
- The Customer's order which is payable on delivery is started to proceed immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system is started to proceed after the conclusion of the contract, when the payment of the Customer's account credited to the Seller's account.
- The Customer's order fulfilment may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller's consent for sending the order on delivery (payable on delivery).
- Sending the subject of the contract takes place on the date specified in the product card, and for orders placed from many products in the longest term from the products specified on the product cards. The period starts from the moment the order is processed.
- The purchased subject of the contract is, together with the purchase document selected by the Buyer, sent to the selected by the Buyer type of delivery to the place of delivery of the item indicated by the Buyer in the order, together with the attached attachments referred to in § 2 point 6b.
§4 The right of withdrawal
- The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
- The deadline to withdraw from the contract is 14 days from the date of delivery of the item, and it is sufficient to send a statement before its expiry.
- A declaration of withdrawal from the contract may be submitted by the Consumer on a form, the specimen of which is Annex 2 to the Consumer Law, in writing in accordance with the Consumer Law.
- The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
- In the case of withdrawal from the contract, the contract is considered as no concluded.
- The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the date on which he rescinded the contract. To meet the deadline, all you have to do is return the item before its expiry.
- The consumer sends back items intact, unused and with original safeguards in relation to the nature of the items being cosmetic items and personal hygiene that are the subject of the contract from which he resigned at his own expense.
- The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of such consent or the entrepreneur provided confirmation in accordance with art. 15 para. 1 and art. 21 par. 1. Consumer law.
- The consumer is liable for a decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
- The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer return to the Consumer all payments made by him, including costs of delivering goods to the Consumer, and if the consumer has chosen a delivery method other than the cheapest usual delivery method offered by The Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for him.
- The Seller may withhold the return of payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
- Consumer, pursuant to Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
- in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
- in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the object of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
- in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
- for delivery of digital content that is not stored on a tangible medium, if the fulfillment of the service started with the Consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract;
- for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement.
- The Seller pursuant to art. 558§1 of the Civil Code completely excludes liability towards customers due to physical and legal defects (warranty).
- The Seller is liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.
- The Consumer, if the sold item has a defect, may:
- make a statement requesting a price reduction;
- submit a statement of withdrawal from the contract;
- unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
- Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
- The consumer can not withdraw from the contract if the defect is irrelevant.
- The consumer, if the item sold has a defect, may also:
- demand the exchange of things for free from defects
- request removal of the defect.
- The Seller is obliged to replace the defective product with one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
- If the defective item has been installed, the Consumer may demand the disassembly and re-installation after replacement for a defect-free one or removal of the defect, however, he is obliged to pay some of the related costs exceeding the price of the sold item or may demand payment from the Seller part of the costs of disassembly and reassembly, up to the price of the item sold. In the case of of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
- The consumer who follow any set-aside entitlement is obliged to provide the defective at the expense of the Seller, and if, due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the place in which the thing is. In the case of of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items at the expense and risk of the Seller.
- The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
- The Seller is obliged to accept from the Consumer a defective item In the case of of replacing the item with a non-defective one or withdrawing from the contract.
- The Seller shall, within fourteen days, respond to those based on art. 5615 of the Civil Code: statements about a demand for price reduction, requests for replacing things with a non-defective one, demand for removal of a defect. The seller within thirty days (Article 7a of the consumer law) will refer to any other statement of the Consumer, which does not concern the fourteen day period specified in the Civil Code.
Otherwise, it is considered that he considered the Consumer's statement or demand justified.
- The Seller is liable under the warranty if the physical defect is found before the expiration of two years from the date of delivery of the item to the consumer, and if the object of sale is used before the expiry of one year to the consumer.
- The Consumer's claim to remove the defect or exchange the item sold for free from defects expires after a year, counting from the date of finding the defect, however, not earlier than within two years from the moment the consumer issues the item, and if the object of sale is used within one year from the moment release of items to the Consumer.
- In the case when the expiry date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the consumer, the seller is responsible for the physical defects of this item stated before the expiry of that period.
- Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item for free from defects or removal of defects, the deadline for filing a statement of withdrawal from The contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the case of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights due to the Consumer under this warranty is suspended until the final conclusion of the proceedings. Respectively shall also apply to mediation proceedings, the deadline for the implementation of other rights under the warranty, the consumer is entitled, it begins to run from the date of the refusal of the court approval of the settlement agreement before a mediator or termination of ineffective mediation.
- To exercise the rights under the warranty for legal defects of the item sold, §5 items 15-16 apply, except that the period starts from the day on which the consumer learned of the defect, and if the consumer learned of the defect only as a result Third-party proceedings - from the date on which the decision issued in a dispute with a third party became final.
- If, due to defects in the things consumer filed a statement of withdrawal from the contract or price reduction, he may claim compensation for the injury suffered by that awarded the contract, not knowing about the existence of defects, even if the damage was the result of circumstances for which the Seller is not responsible, in particular, may request reimbursement contract, the cost of pickup, transport, storage and insurance of goods, reimbursement of expenses to the extent in which they did not address the benefits of them, and has not received reimbursement from a third party and reimbursement process. This does not prejudice the provisions on the obligation to repair damage on general principles.
- The expiration of any period for finding a defect does not exclude the exercise of rights under the warranty if the Seller has concealed the defect veiled.
- If the Seller is obliged to provide or provide financial services to the Consumer, he shall perform them without undue delay, no later than the period provided for by law.
- The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the right of the Buyer related to his personal data.
- The Personal Data Administrator processes the personal data of the Buyers based on the consent and in relation to the legitimate interests of the Seller.
- The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
- The consent of the Buyer to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
- For the needs of the Buyer's order, the following personal data are collected:
- postal address - necessary to issue a proof of purchase;
- place of delivery - necessary to address the parcel;
- e-mail - necessary for communication related to the implementation of the contract;
- telephone number - necessary for the selection of some types of delivery
§7 Final Provisions
- None of the provisions of these regulations is intended to infringe the Buyer's rights. It can not be interpreted in this way, because in the event of any incompatibility of any part of the regulations with the applicable law, the Seller declares unconditional subordination and application of this right in place of the challenged provision of the regulations.
- The registered buyers will be notified via e-mail about changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.
- The current version of the regulations is always available to the Buyer in the rules tab (https://ladymakeup.eu/conditions-pm-11.html). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
- In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Contentious issues, if the consumer expresses such a wish, are solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use the equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, eg via the EU ODR online platform or by selecting any authorized entity from among the UOKiK in the register. The seller declares the intention and agrees to the out-of-court resolution of the consumer dispute.