The contract between the Buyer and Seller may be concluded in two manners.
Before placement of an order, the Buyer shall be entitled to negotiate all provisions of the contract with the Seller, including also those which change provisions of the following regulations. These negotiations should be conducted in a written form and directed to the Seller's address (POSH LASHES Sp. z o.o., ul. Senatorska 14/16, 93-192 Łódź).
If the Buyer resigns from a possibility of concluding the contract under individual negotiations, the following regulations and relevant legal provisions shall be applied.
1. Postal address - first name and surname or name of institution, location in a city (with regard to a city divided into streets: street, building number, flat number or room number; with regard to a city which is not divided into streets: name of city and property number), postcode and city.
2. Complaint address:
POSH LASHES Sp. z o.o.
ul. Senatorska 14/16
3. Price list of deliveries – compilation of available kinds of delivery and their costs.
4. Contact data:
POSH LASHES Sp. z o.o.
ul. Senatorska 14/16
5. Delivery – kind of a transport service together with information on a carrier and cost mentioned in a price list of deliveries.
6. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004 with subsequent amendments and other relevant legal provisions.
7. Product card - single subpage of a store including information on a single product.
8. Customer – adult natural person having full legal capacity, legal person or organisational unit not having legal personality and having legal capacity, making a purchase in the Seller directly connected with his business or professional activities.
9. Civil code – civil code act of 23 April 1964 with subsequent amendments.
10. Code of good practice – collection of rules on conduct, and in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on counteraction of the unfair market practice of 23 August 2007 with subsequent amendments.
11. Consumer – adult natural person having full legal capacity, making a purchase in the Seller directly not connected with his business or professional activities.
12. Basket – list of products drawn up from products offered in the store based on the choice of the Buyer.
13. Buyer – both Consumer and Customer.
14. Goods transfer place – postal address or collection point indicated in an order by the Buyer.
15. Goods transfer moment – moment in which the Buyer or third party indicated by him for the collection comes into possession of a good.
16. Payment – method of making a payment for the subject of the contract and delivery.
17. Consumer law – act on consumer's rights of 30 May 2014.
18. Product – minimum and undividable quantity of goods which may form the subject of an order, and which is given in the Seller's store as a unit of measure during a determination of its price (price/unit).
19. The subject of the contract – products and delivery forming the subject of the contract.
20. The subject of the benefit – subject of the contract.
21. Collection point – goods transfer place not being a postal address, mentioned in a compilation made available by the Seller in the store.
22. Good – movable good which may be or which is the subject of the contract.
23. Store – Internet service available at the address: https://poshlashes.com, through which the Buyer may place an order.
Orders of individual customers, where a receipt is the purchase document, are executed by the company:
POSH LASHES Sp. z o.o.
ul. Żeligowskiego 3/5
NIP [Tax ID. No.]: 7292712804
REGON [National Business Reg. No.]: 365454801
25. System – set of computing devices and software cooperating with each other, ensuring processing and storage as well as sending and receipt of data through telecommunication networks by means of a final device appropriate to a particular kind of network, commonly called the Internet.
26. Execution time-limit – number of hours or working days are shown in a product card.
27. Contract – contract concluded outside an entrepreneur's room or remotely within the meaning of the Act on consumer's rights of 30 May 2014 with regard to Consumers and sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 with regard to Buyers.
28. Defect – both physical defect and legal defect.
29. Physical defect – inconsistency of a sold good with the contract, and in particular if a good:
1. does not have properties which it should have as a good of this kind due to an objective stipulated in the contract or arising from circumstances or intended use;
2. does not have properties of the existence of which the Seller has assured the Consumer;
3. is not fitted for the aim about which the Consumer has informed the Seller during conclusion of the contract, and the Seller has not made a reservation about such intended use of it;
4. has been delivered to the Consumer incomplete;
5. in case of its incorrect assembly/installation or activation if these activities have been carried out by the Seller or third party for whom the Seller bears responsibility, or by the Consumer who has followed instructions obtained from the Seller;
6. does not have properties of which the manufacturer or his representative or person who markets the good within his business activity and person who presents himself as a manufacturer by placing his name, trademark or another distinguishing marking on a good sold, has assured unless the Seller has not known about this assurance and, assessing reasonably, could not know about this assurance or it could not have an influence on the Consumer's decision on conclusion of the contract or if its text has been corrected before conclusion of the contract.
30. Legal defect – situation when a sold good is owned by a third party or is encumbered with a third party's right as well as if the limitation in using or managing the good arises from a decision or judgement of a relevant body.
31. Order – Buyer's declaration of will made through the store determining unequivocally: kind and quantity of products; kind of delivery; kind of payment; goods transfer place, Buyer's data and pursuing directly conclusion of the contract between the Buyer and Seller.
§2 General conditions
1. The contract is concluded in Polish in accordance with Polish law and these regulations.
2. Goods transfer place has to be in the territory of the Republic of Poland.
3. The Seller is obliged to and undertakes to provide services and deliver goods free from defects.
4. All prices given by the Seller are in Polish currency and are gross prices (include VAT). Prices of products do not include the cost of delivery which is specified in the price list of deliveries.
5. All time-limits are calculated in accordance with Article 111 of the Civil Code i.e. time-limit expressed in days ends with expiry of the last day and if a certain event is the beginning of a time-limit expressed in days, a day in which this event has occurred is not taken into account during calculation of a time-limit.
6. Confirmation, release, record, protection of all significant provisions of the contract for the purpose of obtaining access to this information in future take place in the following form:
1. confirmation of an order by sending the following to an indicated e-mail address: order, proforma invoice, information on the right to withdraw from the contract, these regulations in pdf version, model of a form for withdrawal from the contract in pdf version, links for independent download of the regulations and contract withdrawal template;
2. attachment of printed proof of purchase, information on the right to withdraw from the contract, these regulations, model of a form for withdrawal from the contract to an executed order, sent to an indicated goods transfer place.
7. The Seller informs about warranties, known to him, granted by third parties for products in the store.
8. The Seller does not charge any fees for communication with him with the use of remote communication means, and the Buyer shall bear its costs in the amount arising from the contract concluded by him with a third party providing, for him, a particular service making it possible to communicate remotely.
9. The Seller assures the Buyer, using the system, of correct operation of the store in the following browsers: IE version 9 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 horizontal resolution above 640 px. Use of third companies' software having an influence on functioning and functionality of the browsers: InternetExplorer, Firefox, Opera, Chrome, Safari may have an influence on proper projection of the store, therefore it is necessary to turn off all of them so that the store will be fully functional.
10. The Buyer may use an option of remembering his data by the store in order to make the process of placing another order easier. For this purpose, the Buyer should give a login and password, necessary to obtain access to his account. The login and password are a series of characters determined by the Buyer who shall be obliged to keep them secret and to protect against unauthorised access by third parties. At any moment the Buyer can look into, correct, update data and delete the account in the store.
11. The Seller follows the code of good practice.
12. The Buyer is obliged:
1. not to deliver and not to provide contents prohibited by legal provisions e.g. contents propagating violence, defamatory or infringing personality rights and other rights of third parties,
2. to use the store in a manner not disrupting its functioning, in particular through the use of particular software or devices,
3. not to take actions such as: sending out or placement of unsolicited commercial e-mail (spam) within the store,
4. to use the store in a manner that is not burdensome for other Buyers and for the Seller,
5. to use all contents placed in the store only within the scope of own personal use,
6. to use the store in a manner consistent with provisions of law binding in the territory of the Republic of Poland, provisions of the regulations as well as with general etiquette principles.
§3 Conclusion of the contract and implementation
7. Orders may be placed 24 hours a day.
8. To place an order the Buyer should perform at least the following activities a part of which may be repeated many times:
1. adding a product to the basket;
2. selection of a kind of delivery;
3. selection of a kind of payment;
4. selection of a goods transfer place;
5. placement of an order in the store by using the button: "I order with a payment obligation".
9. The contract is concluded with the Consumer upon placing an order.
10. Execution of the Consumer's order payable on delivery shall take place immediately, and order payable by transfer or through an electronic payment system after booking a payment of the Consumer in the Seller's account, which should take place within 5 days from placement of an order unless the Consumer has been unable to make a performance through no fault of his own and has informed the Seller about this fact.
11. The contract is concluded with the Customer upon accepting an order by the Seller about which he shall inform the Customer within 48 hours from placement of an order.
12. Execution of the Customer's order payable on delivery shall take place immediately after conclusion of the contract, and order payable by transfer or through an electronic payment system after conclusion of the contract and booking a payment of the Customer in the Seller's account.
13. Execution of the Customer's order may be dependent on making a payment of entirety or part of value of the order or obtainment of a trade credit limit at least with value of the order or the Seller's consent to send the order on delivery (payable on delivery).
14. The subject of the contract shall be sent within a time-limit stipulated in a product card, and with regard to orders consisting of many products within the longest time-limit of time-limits set out in product cards. The time-limit shall run from a moment of executing an order.
15. Purchased subject of the contract is sent together with a sales document chosen by the Buyer by means of a kind of delivery selected by the Buyer to a goods transfer place indicated by the Buyer in an order along with the attachments referred to in §2 point 6b.
§4 Right to withdraw from the contract
16. Based on Article 27 of the Consumer law the Consumer shall have the right to withdraw from the contract concluded remotely without giving a reason and without bearing costs except the costs determined in Article 33, Article 34 of the Consumer Law.
17. Time-limit for withdrawal from the contract concluded remotely is 14 days from a moment of transferring a good, and to meet the deadline it is sufficient to send a statement before its expiry.
18. A statement on withdrawal from the contract may be submitted by the Consumer in a form whose model is shown in attachment no. 2 to the Consumer law, in a form available at the address: sprawdzonysklep.pl/formularz-zwrotu or in another form consistent with the Consumer Law.
19. The Seller shall immediately confirm obtainment of a statement on withdrawal from the contract for the Consumer in an e-mail (given during conclusion of the contract and another one if it has been given in the statement made).
20. In case of withdrawal from the contract, the contract is deemed as non-concluded.
21. The Consumer shall be obliged to return a good to the Seller immediately, however not later than 14 days from a date in which he withdrew from the contract. To meet the deadline it is sufficient to send back goods before its expiry.
22. The Consumer shall send back goods being the subject of the contract from which he has withdrawn at his own expense and risk.
23. The Consumer shall not bear costs of delivering digital contents which are not saved on a material storage device if he has not given his consent to make a performance before expiry of the time-limit for withdrawal from the contract or if he has not been informed about loss of the right to which he is entitled to withdraw from the contract at the moment of giving such a consent or an entrepreneur has not delivered confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer Law.
24. The Consumer shall bear responsibility for decrease in value of a good forming the subject of the contract being a result of using it in a way going beyond the manner necessary to establish character, features and functioning of the good.
25. The Seller shall immediately, not later than within 14 days from a date of obtaining a statement on withdrawal from the contract made by the Consumer, return all payments made by the Consumer to the Consumer, including costs of delivering goods and the if the Consumer has chosen a way of delivery other than the cheapest ordinary way of delivery offered by the Seller, the Seller shall not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
26. The Seller shall return a payment with the use of the same payment way as used by the Consumer unless the Consumer has given a clear consent to another payment way which does not entail any costs for him.
27. The Seller may wait to return a payment obtained from the Consumer by the time of getting a good back or delivering proof of sending it back to the Consumer, depending on which event will take place earlier.
28. In accordance with Article 38 of the Consumer law the Consumer shall not be entitled to withdraw from the contract:
1. in which a price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before expiry of a time-limit for withdrawal from the contract;
2. in which the subject of the benefit is a non-prefabricated good, manufactured according to specifications of a consumer or used for satisfaction of his individualised needs;
3. in which the subject of the benefit is a good which is liable to deteriorate or expire rapidly;
4. in which the subject of the benefit is a good delivered in sealed up packaging which, after opening the packaging, cannot be returned due to protection of health or for hygienic reasons if packaging has been opened after delivery;
5. in which the subject of the benefit includes goods which, after delivery, due to their character are intrinsically connected with other goods;
6. in which the subject of the benefit includes sound or visual recordings or computer programmes delivered in sealed up packaging if packaging has been opened after delivery;
7. for delivery of digital contents which are not saved on a material storage device if fulfilment of an obligation has started upon an express consent of the Consumer before expiry of a time-limit for withdrawal from the contract and after informing him by an entrepreneur about loss of the right to withdraw from the contract;
8. for delivery of dailies, periodicals or magazines except a subscription contract.
29. Based on Article 558 §1 of the Civil Code the Seller completely excludes responsibility towards Customers due to physical and legal defects (warranty).
30. The Seller bears responsibility towards the Consumer under the rules stipulated in Article 556 of the Civil Code and subsequent for defects (warranty).
31. With regard to a contract with the Consumer if a physical defect has been established before expiry of a year from a moment of transferring a good it is assumed that it has been in existence at the moment when the risk is shifted upon the Consumer.
32. If a sold good has a defect, the Consumer may:
- make a statement on demand to reduce a price;
- make a statement on withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer replaces a defective good for a good free from defects or removes a defect. However, if a good has already been replaced or repaired by the Seller or the Seller has satisfied an obligation to replace a good for a good free from defects or to remove a defect, he shall not be entitled to replace the good or remove the defect.
5. Instead of removing a defect proposed by the Seller the Consumer may demand replacement of a good for a good free from defects or instead of replacing a good may demand removal of a defect unless making a good consistent with the contract in a way chosen by the Consumer is impossible or requires excessive costs in comparison with a way proposed by the Seller with the reservation that during assessment of excessive costs value of a good free from defects, kind and importance of an identified defect is taken into consideration as well as inconvenience to which the Consumer would be exposed by another way of satisfaction is taken into account.
6. The Consumer may not withdraw from the contract if a defect is insignificant.
7. If a sold good has a defect, the Consumer may also:
1. demand replacement of a good for a good free from defects;
2. demand removal of a defect.
8. The Seller is obliged to replace a defective good for a good free from defects or remove a defect within reasonable time without excessive inconvenience for the Consumer.
9. The Seller may refuse to satisfy the Consumer's demand if making a defective good consistent with the contract in a way chosen by the Buyer is impossible or in comparison with the second possible way of making a good consistent with the contract requires excessive costs.
10. If a defective good has been fitted, the Consumer may demand, from the Seller, disassembly and another fitting after replacement for a good free from defects or removal of a defect, however he is obliged to bear a part of costs connected with this exceeding a price of a sold good or may demand, from the Seller, payment of a part of costs connected with disassembly and another fitting up to an amount of price of the sold good. In case of a failure to fulfil the obligation by the Seller, the Consumer is authorised to carry out these activities at the expense and risk of the Seller.
11. The Consumer who exercises rights in view of warranty is obliged, at the expense of the Seller, to deliver a defective good to the complaint address and if due to a kind of a good or way of its fitting delivery of the good by the Consumer is excessively difficult, the Consumer is obliged to make the good accessible to the Seller in a place where the good is located. In case of a failure to fulfil the obligation by the Seller, the Consumer is authorised to send the good back at the expense and risk of the Seller.
12. Costs of replacement or repair shall be borne by the Seller except the situation described in § 5 point 10.
13. The Seller is obliged to accept a defective good from the Consumer in case of replacement of a good for a good free from defects or withdrawal from the contract.
14. Within fourteen days the Seller shall take an attitude towards:
- statement on demanding reduction of a price;
- statement on withdrawal from the contract;
- demand of replacing a good for a good free from defects;
- demand of removing a defect.
Otherwise, a statement or demand of the Consumer shall be deemed to have been considered as justified by him.
15. The Seller is liable in view of warranty if a physical defect is identified before the expiry of two years from a moment of transferring a good to the Consumer and if the subject of sale is a used goods before the expiry of a year from a moment of transferring a good to the Consumer.
16. The Consumer's claim for removal of a defect or replacement of a sold goods for a good free from defects shall outdate with expiry of a year counting from a defect identification date, however not earlier than before expiry of two years from a moment of transferring a good to the Consumer and if the subject of sale is a used goods before expiry of a year from a moment of transferring a good to the Consumer.
17. If the best before the date of a good, determined by the Seller or manufacturer ends after the expiry of two years from a moment of transferring a good to the Consumer, the Seller shall be liable in view of warranty for physical defects of this good identified before the expiry of this time-limit.
18. Within the time-limits stipulated in §5 points 15-17 the Consumer may make a statement on withdrawal from the contract or reduction of a price due to a physical defect of a sold good and if the Consumer demands replacement of a good for a good free from defects or removal of a defect, the time-limit for making a statement on withdrawal from the contract or reduction of a price shall start to run upon ineffective expiry of the time-limit for replacement of the good or removal of the defect.
19. In case of exerting one of the rights in view of warranty before a court or an arbitration court, a time-limit for the exercise of other rights, to which the Consumer is entitled in this respect, shall be suspended by the time of legally valid finalisation of the proceedings. This shall be appropriately applied also to mediation proceedings with the reservation that a time-limit for the exercise of other rights in view of warranty, to which the Consumer is entitled, shall start to run from a date of the court's refusal to approve an agreement concluded before a mediator or ineffective finalisation of mediations.
20. To the exercise of rights in view of warranty for legal defects of a sold good §5 points 15-16 shall be applied with the reservation that the time-limit shall start to run from a date in which the Consumer has found out about existence of a defect and if the Consumer has found out about existence of a defect not earlier than as a result of a third party's suit - from a date in which a judgement issued in a dispute with a third party has become legally valid.
21. If due to a defect of a good the Consumer has made a statement on withdrawal from the contract or reduction of a price, he may demand a reparation of damage suffered by him due to the fact that he has concluded the contract not knowing about existence of the defect even though the damage is a result of circumstances for which the Seller does not bear responsibility and in particular may demand return of costs of concluding the contract, costs of collection, transport, storage and insurance of the good, return of incurred expenditures within such a scope in which he has not got benefits from them and he has not obtained their return from a third party and return of suit costs. This shall not affect provisions on an obligation to repair damage under general rules.
22. Expiry of any time-limit for the establishment of a defect shall not exclude the exercise of the rights in view of warranty if the Seller has concealed the defect deceitfully.
23. The Seller, provided that he is obliged to a benefit or financial benefit for the Consumer, shall exercise it without a redundant delay not later than within a time-limit envisaged in law.
24. The Seller is the administrator of personal databases provided by Consumers of the store.
25. The Seller undertakes to protect personal data in accordance with 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 (general regulation on data protection), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of electronic services.
§7 Final provisions
27. None of the provisions of these regulations aim at infringing rights of the Buyer. It cannot be either interpreted in this way because, in case of inconsistency of any part of the regulations with a binding law, the Seller declares absolute submission and application of this law in place of a questioned provision of the regulations.
28. Registered Buyers shall be informed by e-mail about changes of the regulations and their scope (to an e-mail indicated during registration or order). The notification shall be sent at least 30 days before new regulations come into force. Changes shall be introduced in order to adapt the regulations to binding law.
29. A valid version of the regulations is always available for the Buyer in the tab: regulations. During execution of an order and in the entire period of post-sale care the regulations, approved by the Buyer during placement of an order, shall be obligatory for the Buyer. With the exception of situations when the Consumer considers them as less favourable than the valid ones and informs the Seller about selection of valid regulations as obligatory.
30. To matters not governed herein relevant binding legal provisions shall be applied. Disputable issues, if the Consumer expresses such a will, shall be settled under mediation proceedings before the Voivodeship Inspectorates of Trade Inspection or a suit before an arbitration court at the Voivodeship Inspectorate of Trade Inspection. The Consumer may also use methods on resolving disputes before a court action or out of court that are equivalent and consistent with law e.g. through the EU Internet platform ODR (Online Dispute Resolution), available at the address: http://ec.europa.eu/consumers/odr/. Ultimately, a case shall be settled by a locally and materially competent court.