Terms of Use at Vasco COSMETICS online shop

§1 Definitions
§2 General provisions
§3 Conditions of service provision
§4 Conditions of contract
§5 Order realisation
§6 Delivery
§7 Payment methods
§8 Statutory warranty
§9 Withdrawal from a contract
§10 Complaint procedure
§11 Responsibility
§12 Non-judicial ways of proceeding complaints and pursuing claims
§13 Final provisions

Introduction

Dear Customer, this Terms of Use regulate the way of concluding sales contracts through the above mentioned website, rules of realisation of these contracts, including delivery, rights and obligations resulting from the law in force, as well as withdrawal from a contract and complaint procedures. The document includes four main parts:

  1. paragraphs from 1 to 3 - general regulation of this Terms of Use;

  2. paragraphs from 4 to 7 - described process of purchasing Goods/Services;

  3. paragraphs from 8 to 12 - regulations related with stating faults of Goods/Services as well as the right to withdraw from a contract;

  4. paragraphs 13 and 14 - any other regulations.

§1 Definitions

  1. Online shop – https://vasco-nails.com/pl

  1. Seller –  VASCO OFFICIAL GEL POLISH Marcin Zieliński, ul. Legionów 25, 91-069 Łódź, tel. +48 667 043 907, NIP 7251854223

  1. Seller's Address - in case of any mentioning the address of the Seller, one shall understand the below details:

  1. Seat: ul. Ogrodowa 72/74, 91-071 Łódź, Poland

  2. email address: shop@vasco-nails.com

  1. Customer – a natural person having legal capacity, and in case foreseen by commonly binding regulations, also a legal person having limited legal capacity, a legal person, or an organisational unit not having legal capacity, who concluded or intends to conclude a sales contract.

  2. Consumer – art. 221 of the Civil Code: a natural person coming into legal action with Seller, which is not directly related with its economical or professional activity.

  3. Sales contract - contract of sales of Product published at the website of the above mentioned Online shop being concluded or concluded between Customer and Seller through Online shop.

  4. Good - Product, movable good, which Customer purchases through Online shop.

  5. Order - Customer's declaration of intent submitted through Online shop specifying the type and amount of Goods being an assortment of Online Shop at the moment of submitting an order, payment method, method of shipment of Goods, place of delivery of Goods, and details of Customer.

  6. Order form - digital service, a form on a digital medium available at Online shop, enabling submitting and realisation of Order, including by adding Goods to a digital basket and specifying conditions of Sales Contract, including ways of delivery and payment.

  7. Order realisation time - time in which order submitted by Online shop's Customer is completed, packed, labelled by Seller and forwarded for delivery using a method selected by Customer.

  8. Workday - one day from Monday to Friday, excluding Bank Holidays.

  9. Act on Consumer rights - act of 30.05.2014 on Consumer rights (Journal of Laws of 2014, item 827, as amended).

§2 General provisions

  1. Seller declares that he obeys any obligatory rules of Customers' personal data protection, stated e.g. in the Act of 29.08.1997 on personal data protection (Journal of Laws 2015, item 2135, as amended). Customer agrees to collection, storage, and processing his/her personal data by Seller for aims directly related with realisation of Order of Goods/Services submitted at Online shop. Detailed conditions of collecting, processing, and protection of personal data by Seller are specified in Online shop's Privacy Policy.

  2. When placing an order at Online shop, Customer has the possibility to become familiar with Terms of Use, accepting its content by marking a proper field in the form. Acceptance of provisions of Terms of Use is necessary for Order realisation. Please be informed that concluding Sales contract via the Internet and accepting Terms of Use result in the obligation of payment for ordered Goods.

  3. Administrator of data uses proper technical and organisational means providing data protection in a way suitable for threats and categories of data under the protection. Most of all, he protects data from their sharing, interception, processing, loss, change, damage by parties that are not authorised for such actions. The detailed scope of protection was regulated in accordance to requirements specified in the policy of Data Protection (safety policy, regulations on personal data protection, instructions on management of IT systems).

  4. The Administrator of your personal data is VASCO OFFICIAL GEL POLISH Marcin Zieliński, tel. +48 667 043 907, email: shop@vasco-nails.com,

  5. Each person whose data are processed has the right to:

  1. supervise and control processing of personal data, for which Seller runs a collection of data of Customer of the above mentioned shop;

  2. obtain detailed information whether such collection of data exists and is run by Seller;

  3. determine who is the data administrator, his address, seat, name, and in case when it is a natural person, his or her name and surname, and place of residence;

  4. obtain information about the aim, scope, way, and time of processing data included in such collection;

  5. obtain information about content of these data in a commonly intelligible form;

  6. know the source from which data come from, unless the administrator is obliged to keep the confidentiality of implicit information or to keep professional secrecy;

  7. demand complement, update, correct personal data, their temporal suspend or deletion, in case they are incomplete, outdated, false, or collected with a breach of the act, or they are not necessary for realisation of the aim for which they were collected.

  1. According to point 6., Customer has the right to insight the content of processed personal data, their correction as well as demanding their deletion. Administrator of personal data is obliged to complement, update, correct data, temporal restrain from their processing or deletion from the collection on an ongoing basis and immediately after reporting of such fact, unless such demand concerns personal data, the procedure of complementing, updating or correcting is subject to separate regulations, including acts.

  2. During the process of order finalization, Customer gives consent to collection and processing of personal data by Seller within the meaning of the act of 29.08.1997 on Personal Data Protection (Journal of Laws 2014, item 1182, as amended). These data can be provided to other entity only in legally obligatory situations or necessary for realisation of a submitted order.

  3. Customer can express his consent to receiving from Seller information of advertising and commercial nature via electronic means by signing up to NEWSLETTER.

  4. Customer using Seller's Services realised through Online shop is oblige to obey this Terms of Use in the scope that is necessary for realisation of a placed order and is not inconsistent with the law in force and rules of social intercourse.

  5. Seller realises orders in the area of Poland and orders placed by Consumers in Europe, after previous agreeing terms of delivery to other countries.

  6. All Goods offered by Online shop are introduced into Polish market in a legal way, conforming proper regulations. Information concerning Goods published at Online shop constitute an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23.04.1964 if the Civil Code.

§3 Conditions of service provision

  1. Online shop offers services via electronic media. A condition to conclude a contract is, most of all, completing an online order form, in order to conclude a sales contract. Entering into a contract is voluntary.

  2. Contract for services is concluded in an electronic way, in the form of completing an order form by Customer. The contract is concluded for a period specified at the moment when Customer completes the form and shall be terminated at the moment when one withdraws from completing the form or at when a completed form is sent to Seller. The process of completing the form is organised in such way that every Customer had a chance to become familiar with it before deciding to conclude a contract or to change a contract.

  3. Service specified in point 1. is rendered free of charge, however, it can require an access to the Internet.

  4. Orders via the Internet can be placed 24 hours, 7 days a week.

  5. When finalizing a purchase, Customer marks option "Hereby I give my consent to processing my personal data included in order form for the purposes of realisation of the order" - it is necessary to conclude a contract. Your provision of personal data is necessary for placing an order. If one does not provide his/her personal data, it means he or she withdraws from concluding a contract.

  6. According to Art. 8. of the Act on Personal Data Protection, administrator, considering available technology, shall undertake reasonable efforts to verify whether a person exercising parental authority or care over a child (aged below 16) expressed his or he consent or approved it.

  7. Customer's costs related with an access to the Internet and data transmission are born only by Customer, in accordance to tariff of his/her provider, with whom Customer concluded a contract for providing Internet services.

§4 Conditions of contract

  1. In order the Contract was valid and binding for both parties, Customer selects goods according to displayed offer of Online shop, specifying amount of Goods and, when necessary, indicating features of ordered Goods, as well as their specification. Along with selection of Goods, Customer completes an online order form, providing information necessary for realisation of the order, such as amounts, delivery address and payment forms, basing on displayed communicates and information available at the website and included in this Terms of Use.

  2. Registration of Customer Account at Online shop is voluntary and free of charge.

  3. Immediately after receiving an order, Seller sends Customer a statement about accepting an order, at the same time order confirmation, to an email address provided during placing an order. A sales contract is concluded at the moment of reception of the email by Customer.

  4. An email summarising and confirming an order includes all previously agreed contract conditions, in particular amount and type of ordered Goods, their specification specified by Customer in case of Goods of individual features, total amount to be paid (in PLN) along with costs of shipment and amount of granted discounts (if applicable).

  5. In case when Customer has a larger amount of discounts coming from various sources/promotions, they are subject to summing up only in situations when it is clearly specified in Terms of Promotion. In case of a lack of provisions concerning the way of combing various promotions/discounts, Customer can select only one of them for a certain purchase.

§5 Order realisation

  1. Seller reliably realises orders of Customers in accordance to the order of their reception - we regard each order as priority and very important!

  2. Time of order realisation for a single Customer ranges from 1 to 5 workdays from the date of placing Order by Customer. In case of products with availability marked as "per order", delivery time is specified on product site. Realisation time includes mainly the time of preparing an order (completing and packing, handing out package to a courier, and in some cases - manufacturing of Goods). Delivery time depends on a selected type of shipment and it can vary for various means of transport selected by Customer.

  3. In case of exceptional circumstances or a lack of possibility to realise an order within the period specified in point 2, Seller shall immediately contact with Customer in order to determine a further proceedings, including another term of realisation of an order, a change of shipment type.

§6 Delivery

  1. Shipment is realised using services of Poczta Polska (Polish national mail operator) or a courier company or any other way accepted by parties, which is not related with excessive and unjustified costs that could be born by Seller and Customer.

  2. In accordance to choice of Customer, ordered Goods are delivered directly to an address specified in the online order form and confirmed by Customer as a shipping address, or collected in person by Customer at a certain place of the address provided during realisation of order.

  3. Goods are always packed in a way corresponding to their characteristics, that they would not were damaged or lost during transport.

  4. Customer is informed online about delivery costs as they are provided during completing an order form. The cost of shipment depends on the country to which Order is sent, amount of ordered Goods, their weight, and type of shipment.

§7 Payment methods

  1. Seller accepts payment for ordered Goods in the form of prepayment to the following bank account: 40 1020 3378 0000 1002 0340 4878

  2. Digital payments using a credit card (Visa, Visa Electron, MasterCard, Maestro) or an online transfer are possible via services for online payments: PayU, PayPal, Przelewy24.

  3. Cash on delivery - Customer pays for Goods to a courier during delivery to the address specified in an order form.

§8 Statutory warranty

  1. Cost of shipment within realisation of actions resulting from statutory warranty concerning defects of Goods is born by Seller.

  2. Seller is responsible for executing actions arising out of Statutory warranty when a defect is stated up to two years from dispatch of Goods to Consumer. Seller is responsible when Consumer Goods were inconsistent with contract, had physical or legal defects at the moment of dispatch. Seller is responsible for the inconsistence of Goods with a contract when it is stated up to two years from dispatch of Goods to Buyer, whereas, in case of replacement of Goods, this period runs anew. A physical defect consists in discrepancy of a sold product with a contract. In particular, a sold product is inconsistent with a contract if:

  1. does not have characteristic that product of such type should have due to an aim specified in a contract or resulting from circumstances or intended use;

  2. does not have characteristics about which Seller ensured Buyer, including those when presented a sample or a pattern;

  3. is not suitable for the aim about which Buyer informed Seller at the moment of concluding a contract and Seller did not report any reservations to such use;

  4. was dispatched to Buyer in an incomplete state.

  1. Reporting defects of Goods should be sent to the email address of Seller or in a written form to Seller's postal address (see §1 point 3.: „Seller's Address”). In case when a consumer has difficulties and does not know how to prepare a notification about defects of Goods, he/she can send it, for example, using a form constituting Appendix 2 to this Terms of Use, which plays solely the simplifying role for the complaint process and does not constitute any requirement of using the above mentioned form in order a complaint was effective.

  2. In cases when it is necessary for proper evaluation of physical defects of Goods, at Seller's request and after initial agreements with him, Goods should be sent to Seller's seat (see §1 point 3.: „Seller's Address”) if only Goods characteristics enable this.

  3. Seller shall immediately respond to Consumer's notification but not later than in 14 calendar days from its reception. A lack of response within the specified term is understood as acceptance of complaint by Seller.

  4. Costs of collecting Goods, delivery, elimination of defects, and replacement of Goods to brand new are born by Seller.

§9 Withdrawal from a contract

  1. According to the provisions of law, Customer being a Consumer within the meaning of Art. 27 of Act of 30.05.2014 on Consumer rights (Journal of Laws 2014, item 827, as amended) has the right to withdraw from a remote contract without stating a reason.

  2. The right to withdraw from a contract is valid within 14 calendar days from the date when Customer, being a Consumer, or a third party specified by Customer other than carrier came into possession of Goods.

  3. When Customer being a Consumer withdraws from a contract, a contract is regarded as not concluded and Consumer is released from any obligations resulting from it. Things rendered by parties to each other are subject to return in an unchanged state, unless a change was necessary within the scope of ordinary management. A return should take place immediately, not later than within 14 days.

  4. Customer being a Consumer can withdraw from a contract by submitting a statement using an online form that constitutes Appendix 1 to this Terms of Use via email or to Seller's postal address. Appendix 1 is solely a help in the procedure of withdrawing from a contract and is not an obligatory template in order to use the right of withdrawing from a contract. Customer can but does not have to use it. In order a withdrawal was effective, a written statement sent to Seller's Address is enough.

  5. In order to keep the term specified in point 2, it is enough that Customer sends a statement about withdrawing from a contract before its end.

  6. Seller shall immediately confirm reception of such statement to Customer and shall inform Customer about further proceedings, including a way of returning Goods and in case of any questions, shall provide any necessary answers.

  7. Seller shall immediately, but not longer than 14 calendar days from reception of Customer's statement about withdrawing from a contract, return any payments received from Customer, including costs of shipment. Seller shall return payments using the same way of payment that Customer used, unless Customers explicitly agreed to another way of returning payments, which is not related with any other costs.

  8. In case when after receiving Customer's consent, Seller did not oblige that he will collect Goods by himself, Seller has the right to hold return of payments, including delivery costs, till the moment of receiving Goods back or a proof of its return shipment, depending on the fact which action takes place first.

  9. Customer is obliged to return Goods to Seller or to hand over them to a party authorised by Seller immediately but not later than within 14 calendar days from the date of withdrawal from a contract, unless Seller proposed that he would collect Goods himself. In order to keep the term, it is enough to send Goods before its termination.

  10. Customer being a Consumer bears only costs that are directly related with return of Goods.

  11. Consumer has the right to withdraw from a remote contract without stating a reason and without bearing costs, apart from costs specified in Articles 33 and 34 of the Consumer Law.

  12. Goods should be used to the following address: VASCO OFFICIAL GEL POLISH, ul. Ogrodowa 72/74, 91-071 Łódź, Poland.

  13. Consumer is responsible for a decrease of value of Goods, resulting from using them in a way beyond necessary to state their character, features, and functioning. This means that Buyer has the right to evaluate and check Goods but only in such way that he could do in a brick-and-wall shop (i.e. to check their completeness and technical parameters). Consumer can not normally use Goods or in case of withdrawing from a contract, he can be charged with additional costs related with decreasing their value.

  14. Customer does not have the right to withdraw from a contract in respect to contracts specified in Article 38 of the Act of 30.05.2014 on Consumer Rights, e.g. in the following situations:

  1. contract for services, when a provider completely performed a service at explicit consent of Consumer, who, before a start of service, was informed that after completion of rendering a service will loose the right to withdraw from a contract;

  2. a contract according to which a price or a remuneration depends on fluctuations on a financial market over which a provider does not have a control and which can occur during the end of term for withdrawing from a contract;

  3. contract a subject of which is a non-prefabricated item, manufactured in accordance to Consumer's specification or the one to serve Consumer's individual needs;

  4. contract a subject of which is an item subject to fast degeneration of has short use by period;

  5. contract a subject of which is an item delivered in sealed packaging, which can not be returned after unpacking due to issues related with protection of health or hygienic reasons;

  6. contract subject of which are items, which, after delivery, due to their character, remain inherently joined to other items.

§10 Complaint procedure

  1. In order a complaint was properly submitted, Customer should provide personal data such as: name and surname or company name, residential address or company seat address, email address, subject of complaint, if possible also order number along with determining period of time which a complaint concerns and circumstances justifying submitting a complaint (description of complaint), or also what characteristics ordered Goods lack but in accordance to assurances of Seller or his presentation to Customer should have had.

  2. If Customer is a Consumer, he can demand replacement of Goods for such free of defects instead of accepting Seller's proposition of elimination of defects or instead of replacing Goods, he can demand elimination of defects, unless making Goods consistent with a contract in a way selected by Customer is impossible or would require excessive costs when compared to a way proposed by Seller. When evaluating if costs are excessive, value of item free of defects, type and importance of detected defect should be taken into consideration, as well as inconveniences that Customer would have in case of other way of satisfying his claims.

  3. Unless separate regulations stated, provider is obliged to provide an answer to Consumer's complaint within 14 days from its reception. When provider fails to meet this term, a complaint is regarded as accepted. An answer to a complaint should be provided to a Consumer in a written form or other read only media (e.g. flash memory stick, CD or DVD).

  4. In case when a complaint is not processed within the specified term, it is regarded as accepted by Seller. In case of a lack of processing a claim concerning withdrawing from a contract within a specified term is not equal to acceptance of submitted complaint.

§11 Responsibility

  1. Customer is not obliged to:

  1. publish personal data of third parties, disseminate image without consent of third parties;

  2. publish content of advertising and promotional character, not consistent with the aim of shop activity.

  1. Customers are forbidden to publish content that could:

  1. violate personal interest of third parties;

  2. be published in bad faith or could be regarded as such;

  3. violate rights of third parties, copyrights and related right, industrial property laws, enterprise confidentiality or subject to confidentiality clause, especially regarded as secret or top secret;

  4. abusive or being a threat to other persons, utterances commonly regarded as abusive, e.g. vulgarisms;

  5. violate legitimate interests of Seller;

  6. distributed via Online shop not ordered trade information (Spam);

  7. violate in other way good habits, provisions of law, social or moral standards.

  1. In case when Seller is notified by a third party or a national body, he reserves the right to modify or delete content published by Customer when it is stated that it can violate this Terms of Use or provisions of law. Seller does not control published content on an ongoing basis.

§ 12 Non-judicial ways of proceeding complaints and pursuing claims

  1. Information about non-judicial ways of proceeding complaints and pursuing claims as well as rules of an access to these procedures are accessible at seats and at websites of poviat (municipal) Consumer Advocates, social organisations, statute tasks of which include protection of Consumers, Voivodeship Inspectorate of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php

  2. Ways that Consumers can use non-judicial ways of proceeding complaints and pursuing claims include:

  3. a request to the Voivodeship Inspector of Trade Inspection for commencing mediation proceedings in order to resolve a dispute amicably.

  4. a request to the Permanent Consumer Arbitration Court at the Voivodeship Inspectorate of Trade Inspection concerning settlement of a dispute resulting from a concluded contract; address: www.uokik.gov.pl/wazne_adresy.php.

  5. applying for a free legal support, e.g. to the Consumers Federation - website: www.federacjakonsumentow.org.pl.

  6. In case of settlement of transfrontier disputes, one can apply to the European Consumer Centres Network. Addresses of these institutions are available at the website of the European Consumer Centre www.konsument.gov.pl.

  7. Consumers can also use a platform of the Internet system for settlement of disputes (ODR platform) in accordance to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) available at: http://ec.europa.eu/consumers/odr/ constitutes one common access point for consumers and entrepreneurs enabling non-judicial settlement of disputes concerning contractual obligations resulting from sales contracts concluded online: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. Using non-judicial ways of proceeding complaints and pursuing claims is voluntary and can take place solely and exclusively when both sides of a dispute, i.e. Seller and Customer agree to it.

§13 Final provisions

  1. Online shop honours any rights of Customers foreseen in provisions of law in force.

  2. In case when provisions of the law in force grant Customer more favourable conditions than those included in this Terms of Use, particular provisions of Terms of Use are directly replaced by certain norms of the law and are binding for Online shop.

  3. Any content published at the website of Online shop (including graphics, texts, layout, and logos) are copyright protected and are sole property of Seller. Use of these contents without a written consent of Seller can result in civil and penal responsibility.

  4. The shop owner, being a personal data administrator, informs you that:

  • providing personal data is always voluntary but necessary for order realisation;

  • a person providing his/her personal data has an unlimited right of access to any content of his/her data and to correct, delete them (Right to be forgotten), to limit their processing, the right to move data, the right to withdraw a consent in any time without accordance to the right to process data. However, Seller can provide an access to the data to competent national bodies in case when proper regulations require this.

  • The basis for personal data processing is Art. 6 Par. 1 point a) and the content of the general regulation on personal data protection;

  • personal data shall be stored and processed for the period necessary for completing and realisation of an order but no longer than for the period of 3 years (2 years for the warranty period and 1 year for potential other claims and exceptional situations)

  • a person sharing his/her personal data has the right to file an appeal to GIODO (Inspector General for the Protection of Personal Data) when states that processing of personal data in respect to order realisation process violates provisions of the general regulation on personal data protection of 27.04.2016.

  1. In the scope of personal data processing of this Online shop, a proper protection grade was not stated by a decision of the European Commission, however, the data shall be properly protected using IT and legal solutions and means.

  2. Your personal data shall be processed in an automated way, including also in the form of profiling.

  3. To all matters not settled in this Terms of Use, provisions of Polish law shall apply, in particular:

  1. Act of 02.03.2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws 2000, No. 22 , item 271, as amended).

  2. Act of 27.07.2002 on special terms and conditions of consumer sales and an amendment of the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended).

  3. Act of 23.04.1964 the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended).

  4. Act of 29.08.1997 on personal data protection (Journal of Laws 2002, No. 101, item 926, as amended).

  5. Act of 18.07.2002 on providing services by electronic means (Journal of Laws 2013, item 1422).

  6. Act of 30.06.2000 on industrial property (Journal of Laws 2001, No. 49, item 508, as amended).

  7. Act of 04.02.1994 on copyright and related rights (Journal of Laws 2006, No. 90, item 631, as amended).

  8. Act of 30.05.2014 on consumer rights (Journal of Laws 2014, item 827).

  1. An amended Terms of Use is binding for Customer when requirements specified in Art. 384 of the Civil Code are kept (i.e. a Customer is properly informed about amendments).

  2. Seller reserves the right to amend Terms of Use due to important reasons, i.e.:

  1. amendments of provisions of law;

  2. change of ways of payment and delivery;

  3. change of foreign currency exchange rates;

  4. change of the way of providing services by electronic means under Terms of Use;

  5. change of Seller's data, including email address, telephone number.

  1. Changes of Terms of Use do not have an influence on already placed and realised orders. Terms of Use valid for the moment of placing an order are binding for them. Seller shall inform about intended changes at the website of Online shop at least 30 days prior to changes. In case of a lack of acceptance of an amended Terms of Use, Customers have the right to terminate a contract with immediate effect within 30 days from receiving a notification.

  2. Disputes arousing from providing services on the basis of this Terms of Use shall be subject to settlement of a Common Court according to a choice of Customer being a Consumer, in accordance to proper provisions of the Polish law.

  3. Appendices to Terms of Use constitute an integral part thereof.

  4. A sales contract is concluded in Polish, having the text consistent with Terms of Use.

  5. Customer of Online shop can have an access to this Terms of Use at any time using a link published at the main site of the shop and download and print it. However, a commercial use of it is subject to protection by the LEGATO Law Firm.

  6. Terms of Use become effective on 04.06.2018.


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