Termini e condizioni del servizio

TERMS AND CONDITIONS OF THE ONLINE STORE
www.edcosmetics.net

§ 1 GENERAL PROVISIONS

  • The www.edcosmetics.net store operates under the terms outlined in these Terms and Conditions.
  • These Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the www.edcosmetics.net store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  • Each User, upon taking steps to use the electronic services of the www.edcosmetics.net store, is obliged to comply with these Terms and Conditions.
  • In matters not regulated in these Terms and Conditions, the following provisions shall apply:
    • The Act on Providing Services by Electronic Means of July 18, 2002;
    • The Consumer Rights Act of May 30, 2014;
    • The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016;
    • The Civil Code Act of April 23, 1964; and other relevant provisions of Polish law.

§ 2 DEFINITIONS IN THE TERMS AND CONDITIONS

  • CART – the cart available on the www.edcosmetics.net website, allowing the placement of Orders.
  • CLIENT – a User who intends to conclude or has concluded a Product Sales Agreement with the Seller.
  • CONSUMER – a natural person entering into a legal transaction with a business entity not directly related to their economic or professional activity.
  • ENTREPRENEUR – a natural person, legal entity, or organizational unit without legal personality but granted legal capacity, conducting business or professional activity on their behalf.
  • PRODUCT – a movable item available in the Store that is the subject of a Product Sales Agreement between the Client and the Seller.
  • TERMS AND CONDITIONS – these Terms and Conditions of the Store.
  • STORE – the online store operated by the Service Provider at www.edcosmetics.net.
  • SELLER / SERVICE PROVIDER – Edcosmetics, Lviv, ul. Truskavetskaya, 2b, office 190.
  • SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.
  • ORDER – a Client's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  • PRICE – the value expressed in monetary units that the Client is obliged to pay the Seller for the Product.

§ 3 PRODUCT INFORMATION AND ORDERING

  • The www.edcosmetics.net store sells Products via the Internet.
  • The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
  • The information on the Store's website does not constitute an offer as defined by law. By placing an Order, the Client makes an offer to purchase a specific Product under the conditions described.
  • The Product's price displayed on the Store's website is in Polish zloty (PLN) and includes all components. Delivery costs are not included in the price.
  • Orders can be placed via the website by adding Products to the Cart (www.edcosmetics.net) – 24 hours a day, all year round.
  • To place an Order in the Store, the Client must read and accept the Terms and Conditions during the ordering process.

§ 4 CONCLUDING THE SALES AGREEMENT

  • To conclude a Sales Agreement, the Client must first place an Order using the method provided by the Seller, as specified in § 3 points 5 and 6 of these Terms and Conditions.
  • After placing an Order, the Seller immediately confirms receipt.
  • The Client becomes bound by their Order upon receiving confirmation from the Seller via email.
  • The confirmation email includes:
    • A summary of all significant elements of the Order,
    • A withdrawal form,
    • These Terms and Conditions, including information on the right of withdrawal.
  • Upon receipt of the email mentioned above, the Sales Agreement between the Client and the Seller is deemed concluded.
  • Each Sales Agreement will be confirmed with proof of purchase, which will be included with the Product.

§ 5

PAYMENT METHODS

  • The Seller offers the following payment methods:
    • Payment via an electronic payment system.
  • In the case of payment through the electronic payment system, the Customer must pay before the Order is processed. The electronic payment system allows payments using a credit card or a quick transfer from selected Polish banks.
  • The Product will be dispatched only after it has been paid for.

§ 6

PRODUCT COMPLAINTS

  • Complaints regarding non-compliance of the Product with the agreement.
  • The basis and scope of the Seller's liability towards a Customer who is a Consumer for non-compliance of the Product with the agreement are defined by the Consumer Rights Act of May 30, 2014.
  • The basis and scope of the Seller's liability towards a Customer who is an Entrepreneur under warranty are defined by the Civil Code Act of April 23, 1964.
  • The Seller is liable to a Consumer for any non-compliance of the Product with the agreement existing at the time of delivery and revealed within 2 years from that moment, unless the Product's validity period specified by the Seller or its representatives is longer.
  • Notifications about non-compliance of the Product with the agreement and submission of relevant claims can be made via email at info@edcosmetics.net or in writing at the address: Polska, 94-230 Łódź, Srebrzyńska 42 m 53.
  • In the written or electronic notification, as much information and context as possible should be provided about the complaint, particularly the type and date of the issue and contact details. This information will significantly facilitate and expedite the complaint resolution process by the Seller.
  • To assess the non-compliance of the Product with the agreement, the Consumer must make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.
  • The Seller will respond to the Customer's claim promptly, no later than 14 days from the submission of the complaint.
  • If a Consumer's complaint is not addressed within 14 days of its submission, it is deemed accepted.
  • In the case of a justified complaint from a Consumer, the Seller will:
    • Cover the costs of repair or replacement and redelivery of the Product to the Customer.
    • Reduce the Product price proportionally to the discrepancy between the compliant and non-compliant Product and refund the Consumer the reduced price within 14 days of receiving the Consumer's declaration of price reduction.
    • In the case of withdrawal from the agreement by the Consumer, refund the Product price no later than 14 days from receiving the returned goods or proof of their return. The Consumer is obligated to return the goods to the Seller immediately at the Seller's expense.
  • The complaint response will be provided on paper or another durable medium, such as email or SMS.

§ 7

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  • Subject to paragraph 10 of this section, a Customer who is also a Consumer and has concluded a distance agreement may withdraw from it without giving reasons by submitting a relevant statement within 14 days.
  • In the event of withdrawal, the Sales Agreement is considered void, and the Consumer is obliged to return the Product to the Seller or deliver it to a person authorized by the Seller for collection without delay, but no later than 14 days from the date of withdrawal, unless the Seller offers to collect the Product themselves. The deadline is met if the Product is sent back before the expiry of this period.
  • When withdrawing from the Sales Agreement, the Product should be returned to the address: Polska, 94-230 Łódź, Srebrzyńska 42 m 53.
  • The Consumer is liable for any reduction in the Product's value resulting from its use in a way exceeding what is necessary to determine its nature, features, and functioning unless the Seller failed to inform the Consumer about the withdrawal process and timeline or did not provide the withdrawal form template. To determine the Product's characteristics, features, and functionality, the Consumer should handle and inspect the Products as they would in a stationary store.
  • Subject to points 6 and 8 of this section, the Seller will refund the Product value along with delivery costs using the same payment method used by the Consumer unless the Consumer explicitly agrees to another refund method that does not entail any costs for them. Refunds will be made promptly, no later than 14 days from receiving the Consumer's withdrawal statement.
  • If the Consumer has chosen a delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not obligated to reimburse the additional costs incurred by the Consumer.
  • If the Seller has not offered to collect the Product from the Consumer, they may withhold the refund until they receive the returned Product or proof of its return, whichever occurs first.
  • The Consumer withdrawing from the Sales Agreement in accordance with point 1 of this section bears only the cost of returning the Product to the Seller.
  • The 14-day withdrawal period for the Consumer starts:
    • For agreements in which the Seller is required to transfer ownership of the Product – from the day the Consumer (or a third party designated by them, other than the carrier) takes possession of the Product.
  • The right of withdrawal from a distance agreement does not apply to the Consumer in the case of a Sales Agreement where the subject of the service is a non-prefabricated item made according to the Consumer's specifications or serving their individual needs.
  • Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill their obligations within a strictly defined timeframe.

§ 8

TYPE AND SCOPE OF ELECTRONIC SERVICES

  • The Service Provider enables the use of the Electronic Service via the Store, which includes concluding Sales Agreements for Products.
  • The provision of Electronic Services to Users in the Store is conducted under the terms specified in the Regulations.
  • The Service Provider reserves the right to display advertisements on the Store's website. These advertisements are an integral part of the Store and the materials presented therein.

§ 9

TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  • The provision of the Electronic Service specified in § 9 point 1 of these Terms and Conditions by the Service Provider is free of charge.
  • The agreement for providing the Electronic Service, enabling the submission of Orders in the Store, is concluded for a specified period and terminates upon the submission of an Order or cessation of Order placement by the Service Recipient.
  • The technical requirements necessary for cooperation with the IT system used by the Service Provider are as follows:
    • A computer (or mobile device) with Internet access,
    • Access to email,
    • A web browser,
    • Cookies and JavaScript enabled in the web browser.
  • The Service Recipient is obligated to use the Store in accordance with the law and good practices, respecting the personal rights and intellectual property of third parties.
  • The Service Recipient is required to provide accurate and truthful information.
  • The Service Recipient is prohibited from providing unlawful content.

§ 10

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  • Complaints regarding the provision of Electronic Services via the Store may be submitted by the Service Recipient via email to the following address: info@edcosmetics.net.
  • In the email, the Service Recipient should include as much information and details as possible regarding the subject of the complaint, particularly the type and date of the irregularity and contact information. The information provided will significantly facilitate and expedite the Service Provider's handling of the complaint.
  • The Service Provider will process the complaint promptly, no later than 14 days from the date of submission.
  • The Service Provider's response to the complaint will be sent to the Service Recipient's email address provided in the complaint or via another method specified by the Service Recipient.

§ 11

FINAL PROVISIONS

  • Agreements concluded through the Store are governed by Polish law.
  • In the event of any inconsistency between any part of these Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision.
  • Any disputes arising from Sales Agreements between the Store and Consumers shall initially be resolved through negotiations, with the intention of amicable settlement, taking into account the provisions of the Act on Out-of-Court Consumer Dispute Resolution. If such resolution is not possible or satisfactory for either party, disputes will be resolved by the competent common court, as specified in point 4 of this paragraph.
  • Any disputes between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
  • A Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, a request for mediation or a request to have the case reviewed by an arbitration court (the application form can be downloaded from the website: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Regional Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek free assistance from the municipal (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court dispute resolution after the complaint procedure is free of charge.