terms-and-conditions

Terms and Conditions of Sale for the Online Store Pro Makeup Shop

Definitions

Whenever the following terms are used in this regulation, they should be understood as indicated below:

Customer – a natural person with full or limited legal capacity, acting with the consent of a legal representative, a legal entity, or an organizational unit without legal personality but with legal capacity, entering into a Contract with the Seller.
Consumer – a Customer who is a natural person purchasing in the Store for purposes not directly related to their business or professional activity, i.e. a person referred to in Article 221 of the Act of April 23, 1964, Civil Code (Journal of Laws 1964.16.93, as amended). A Consumer also includes an entrepreneur acting under consumer rights, i.e. a person referred to in Article 3855 of the Act of April 23, 1964, Civil Code (Journal of Laws 1964.16.93, as amended).
Newsletter – commercial information within the meaning of the Act of July 18, 2002, on the provision of electronic services (i.e. of June 9, 2017 - Journal of Laws 2017, item 1219, as amended)
Entrepreneur – a Customer who is an entrepreneur within the meaning of the Act on the Freedom of Economic Activity (i.e. of November 8, 2017 - Journal of Laws 2017, item 2168, as amended), not acting under consumer rights.
Products – items, goods, or services offered for sale by the Seller, particularly through the Store.
Regulations – this document.
Seller - Mokotoska sp. z o.o. based in Warsaw, ul. Mokotowska 58/2A, 00-534 Warsaw, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000455516, NIP: 7010375082, REGON: 146604503, with a share capital of 200,000.00 PLN,
Store – the online platform operated by the Seller at the address promakeupshop.com.
Contract – the sales contract for the Products concluded between the Seller and the Customer, particularly through the Store.
Law – the Act of May 30, 2014, on Consumer Rights (Journal of Laws, i.e. 2017, item 683, as amended).

General Provisions

The Regulations specify:

The rules for concluding Contracts, particularly via the Store;
The rules for placing orders for Products;
The rules for delivering ordered Products to the Customer, provided the Customer has expressed such a wish;
The rules for the Customer to pay the price;
The rules for submitting and handling complaints,
The rights of the Consumer and the Seller to withdraw from the Contract.

To use the Store and place orders for Products, the following are necessary:

A computer or mobile device with internet access and a web browser (specifically Mozilla Firefox, Opera, Safari, Internet Explorer, Microsoft Edge, or Google Chrome). To place an order, the ordering party should use the latest versions of web browsers. Java Script support and cookie support must be enabled;
An active email account.

Browsing Products on the Store’s website does not require any registration.
The Customer is required to refrain from any activities affecting the proper functioning of the Store, from interfering with the content of the Store or its technical elements, and from providing any illegal content. It is prohibited to use the Store for purposes other than its intended use, including, in particular, sending spam. The Seller is entitled to block the account of a Customer who does not comply with the principles resulting from the Regulations and the provisions of generally applicable law. The Seller also reserves the right to block the accounts of Customers and/or not fulfill orders from Customers who persistently cause the Seller to incur costs for undelivered shipments and/or returned shipments, which are carried out at the Seller's expense.
In situations where, due to temporary disruptions in the functioning of the Store caused particularly by internet outages, force majeure, or illegal actions of third parties, the Contract cannot be concluded via the Store, the Customer may place an order by phone at +48 022 487 87 40, by email at info@promakeupshop.com (if possible), or wait for the disruptions to cease.
The Seller undertakes to deliver the ordered and paid Products free from physical and legal defects.
Ordered Products are delivered within the territory of the Republic of Poland, and only in special cases can they be delivered outside this territory. Special cases include, in particular, deliveries to individuals who are already Customers of the Store and are temporarily residing outside the Republic of Poland.
Announcements, advertisements, prices, and other information published on the Site do not constitute an offer but an invitation to conclude the Contract on the terms resulting from the Regulations.
The Seller is entitled to change the prices of Products published on the Site, introduce new Products to the Store, conduct and cancel promotional activities on the Store’s pages or make changes to them.
The Regulations apply to all sales contracts concluded by the Seller with the Customer.

Rules for Using the Store

The Store conducts retail sales exclusively, offering Products solely for the personal use of Buyers, primarily Consumers.
The Store does not conduct wholesale sales or sales for persons or entities that purchase goods for further profitable resale.
Orders are accepted on the Store’s website.
Purchases in the Store can be made with or without account registration. To register, one must select the "Log in - Create a new account" tab on the Store's website and then fill out the registration form providing the following data: first name, last name, email address, phone number, login, and password.
After confirming the data provided in the registration form, a confirmation message will be sent to the email address given in the form, completing the registration process.
After registration, the Customer can log in to the Store using the login and password provided during registration.
Once logged in, the Customer can modify their registration data at any time under the "My Account" tab, and later view the history of orders and payments.
To make purchases without registration, one must select the "Quick Purchase" tab on the Store’s website and fill out the form providing the following data: first name, last name, email address, phone number, and delivery address details.
Providing the data referred to in point III subsection 4 and point III subsection 8, as well as the correspondence address and phone number, is necessary for the fulfillment of orders placed by the Customer in the Store and will not be used for any purpose other than the execution of sales in this Store. Missing data must be correctly filled in at the time of placing the order.

Prices of Products. Payments. Deliveries.

The Store provides information about its offer on the Product Pages and offers Products available in the Store's database via the Internet.
Prices displayed on the Store’s website next to the offered Product on the Product Page include VAT and are expressed in Polish zlotys; they do not include potential delivery costs. Delivery costs are specified in the "Costs and Methods of Delivery" tab.
The price of a product may also be marked as "Our Price" along with information about the catalog price of that product, indicated by a strikethrough of the price. The "Our Price" designation alongside a crossed-out price is not information about a price promotion.
Products under promotional pricing are additionally marked with a graphic sign informing about the percentage reduction in price compared to the catalog price.
The binding and final price of a product is its (non-crossed-out) price displayed on the Product Page at the moment the order is placed by the Customer.
The Store may provide an additional discount offer, particularly through the BACKSTAGE CARD program, under which the prices of Products will be reduced to the level resulting from the individual discount applicable to a given customer within the BACKSTAGE CARD program. Promotional prices and discounts in the Store cannot be combined unless the rules of a specific promotion state otherwise.
Information about the total value of the order, including shipping costs, is presented after the Customer has chosen the method of delivery of the order and payment method – in the last step of the Cart.
Each transaction is confirmed with a VAT invoice or a fiscal receipt in Polish zlotys. Potential delivery costs are included in the invoice and/or fiscal receipt.
Payment for the ordered Product can be made upon delivery, by credit card, or through online transfer.
Internet payments are handled by Krajowy Integrator Płatności S.A. based in Poznań, ul. Św. Marcin 73/6, 61-808 Poznań, operating at the website https://tpay.com (on the Store's page referred to hereinafter as „tpay").
Cash on delivery payments are handled by DPD Polska Sp. z o.o.
Payments by transfer to the Store account should be made to Mokotoska Sp. z o.o. bank account number 15 1090 1883 0000 0001 5480 6867 maintained by Santander Bank Polska S.A.
Delivery of the ordered Products is carried out after payment for the Order has been received, except for cash on delivery orders. If the option of payment via transfer to the Store's account is chosen, the Customer should complete the payment for the order in the amount resulting from the concluded Contract within 7 days from the date of placing the order. After the ineffective expiry of this period, the Contract is considered terminated, and the order is canceled.
Delivery of the ordered Products is carried out within the territory of the Republic of Poland, and only in special cases can they be delivered outside this territory. Special cases include, in particular, deliveries to persons who are already Customers of the Store and are temporarily residing outside the Republic of Poland.

Placing and Fulfillment of Orders

The Customer can place orders 24 hours a day.
The Customer places an order by selecting the product on the Product Page they are interested in – using the "Add to Cart" command, and then in the Cart, in subsequent steps, indicates the method of collection and payment for the order.
Every Customer is obligated to familiarize themselves with the content of these Regulations. Acceptance of the regulations is necessary each time before placing an Order.
To place an order, one must go through all the steps indicated on the Store's website, including confirming the order by clicking the "Complete Order" button.
To fulfill the order, it is essential to provide the delivery address unless the Customer chooses the "personal pickup" option. Providing contact details is entirely voluntary, however, if these details are not provided or partially missing, the order may not be accepted for processing.
In justifiable cases, the Store may, regardless of the delivery option chosen by the Customer, indicate that the collection of Products is only possible in person. In such a case, the Customer can withdraw from the order in accordance with point V subsection 10 below.
Confirmation by the Store of the placed order signifies the conclusion of the Contract. To confirm the conclusion of the Contract, the Customer will receive an automatic reply from the promakeupshop.com service.
Acceptance of the order for fulfillment occurs after the Store receives confirmation of the order.
The order fulfillment time ranges from 1 to 10 business days.
The Customer has the right to make changes to the order or withdraw it until it has been sent. Changes or withdrawal can be made at info@promakeupshop.com or by phone at +48 22 487 87 40.
After the contract is concluded, the Store delivers to the Customer, along with the goods, a document confirming the conclusion of the contract – a receipt, simplified invoice, or VAT invoice.
The method of communication with the Customer takes place via: email sent to info@promakeupshop.com, phone at +48 22 487 87 40, or traditional mail (at the Customer's request).
If Products are sent to the destination via a carrier, the Customer is obliged to immediately examine the shipment. If it is found that there was a loss or damage during transport, they are obliged to take all necessary actions to determine the carrier's liability, particularly preparing an appropriate protocol with the carrier and notifying the Seller of the detected defect in the manner accepted for complaint proceedings.
If the subject of the Contract is more than one Product, and the Seller is delayed in delivering all items covered by the order, the Customer who is an Entrepreneur cannot refuse to accept that part of the Products which the Seller is ready to hand over, and the Entrepreneur's right to withdraw from the Contract is limited to the part of the Products covered by the delay.
If the Contract provides for a prepayment, in particular, Orders that are paid via traditional bank transfer (excluding the tpay operator), it requires that the funds from the transfer are credited to the Seller's account beforehand. The Seller may withhold delivering Products until the due price is received.
In cases where the Store has reasonable doubts regarding a given order, particularly the existence of discrepancies between the discount data provided by the Customer and the data for the invoice, the Store may suspend the acceptance of the order for fulfillment until the doubts are clarified and may also cancel such an order if circumstances warrant this.
The Store has the right to refuse to accept an order (reject an offer to conclude a sales contract submitted by the Customer) if its content or circumstances suggest that it was submitted in violation of points III subsection 1 and 2 of these Regulations or in violation of provisions of generally applicable law.

Seller's Liability

The Seller is liable to the Customer if the sold Product has a defect (warranty). A defect consists in non-conformity of the sold product with the contract. In particular, a Product sold is non-conforming with the contract if:

It does not have the properties that a product of this kind should have due to the purpose specified in the contract or resulting from the circumstances or destination;
It does not have the properties the existence of which the Seller assured the buyer, including by presenting a sample or pattern;
It is not suitable for the purpose for which the buyer informed the seller when concluding the contract, and the Seller did not raise an objection regarding such purpose;
It was delivered to the buyer in an incomplete state.

The Seller is not liable for defects in the Product resulting from improper use inconsistent with its intended purpose.
In relation to Consumers, the Seller is liable for defects in Products based on the principles resulting from the Civil Code. If the Product is covered by a manufacturer's or distributor's warranty, detailed terms and duration of the warranty are provided each time in the description of the Product offered in the Store. The Seller also provides assistance in the complaint procedure. The Seller does not provide after-sales service or additional warranties on sold items. The Seller's obligation is to deliver to the Consumer items free of defects.
In relation to Entrepreneurs, the Seller is liable for defects in Products to the extent that the Entrepreneur can demand the exchange of the Product or request a reduction in price. The reduced price should remain in such proportion to the price resulting from the Contract as the value of the defective Product remains to the value of the Product without a defect. The choice of how to satisfy claims based on the warranty lies with the Seller, and the burden of proof that the sold item is non-conforming with the contract (has defects) lies with the Customer (Entrepreneur).
The Entrepreneur loses warranty rights if they do not inspect the Product in a timely manner and in the manner accepted for Products of this kind and do not inform the Seller of the defect without delay, and if the defect only became apparent later – if they do not inform the Seller without delay after discovering it.
Complaints should be reported to the Seller immediately after their detection via mail or by email to: info@promakeupshop.com, along with proof of purchase and a description of the complaint. Customers may use the Complaint Protocol available at the bottom of the page in the "Complaints and Returns" tab or the template constituting Appendix No. 1 to these Regulations. The Seller may request to complete complaint data. A complaint submitted without using the form is effective if it contains the necessary data for determining its validity.
The Seller will respond to the complaint within 30 (thirty) days from its receipt and inform the Customer about the further course of action. In the case of the Consumer reporting the non-conformity of the goods with the contract – the Seller will respond to the complaint within no later than 14 (fourteen) days from the moment of its receipt.
In the event of a complaint being accepted:

For Consumers – the Seller, taking into account the request contained in the complaint, will act in accordance with the relevant provisions of the Polish Civil Code (Article 556 and following).
For other Customers – the Seller will appropriately reduce the Price or replace the Product with one free of defects, and if not possible due to the lack of such a Product, will refund the Customer the equivalent of the Price or offer another Product instead.

A Customer exercising rights from the warranty is obliged to deliver the Product to the Seller's registered office.
The costs of sending the Products covered by the accepted complaint are borne by the Seller.
Differences in the appearance of Products delivered compared to those seen on the Store's website that result from differences related to the Customer's monitor settings do not constitute grounds for complaint.
The Seller is liable for non-performance or improper performance of the Contract according to the principles of the Civil Code; however, in relation to Entrepreneurs, is only liable for intentional fault or gross negligence. The Seller's liability for any damage incurred by a Customer who is not a Consumer in connection with placing an order in the Store, regardless of the basis of this liability, is limited to the maximum extent permitted by law - to the amount of the price paid by that Customer in connection with placing the order.
We inform you that at the address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL

an online platform for dispute resolution between consumers and entrepreneurs at the EU level (the so-called ODR platform) is available. The ODR platform is an interactive, multilingual (available in all EU languages) website that serves as a comprehensive service point for consumers and entrepreneurs seeking an out-of-court resolution of disputes related to contractual obligations arising from an online sales agreement or service contract. The platform allows for submitting complaints regarding goods or services purchased online, both domestically and abroad. Additionally, we remind you that the email address at which you can contact us is: info@promakeupshop.com.

Withdrawal from the Contract concluded by the Consumer through the Store or by phone.

Consumers have the right to withdraw from the Contract within 14 days without stating any reason.
The deadline for withdrawal from the Contract expires after 14 days from the day the Consumer took possession of the Product or the day a third party, other than the carrier and indicated by the Consumer, took possession of it.
To exercise the right of withdrawal from the Contract, the Consumer must inform the Seller of their decision to withdraw from the Contract by means of a clear statement sent by post or email to the Seller’s address.
Consumers may use the Withdrawal Form available at the bottom of the page in the "Complaints and Returns" tab or the template constituting Appendix No. 2 to these Regulations, but this is not mandatory.
To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send information regarding the exercise of the right of withdrawal from the Contract before the deadline for withdrawal from the Contract expires.
In the event of withdrawal from the Contract, the Seller refunds the Consumer all received payments, including the costs of delivering the goods (except for costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without delay and in any case no later than 14 days from the day the Seller was informed of the decision to exercise the right of withdrawal from the Contract. As far as possible, the Seller will make the refund using the same means of payment that the Consumer used in the original transaction unless the Consumer explicitly agrees to a different solution; in any case, the Consumer will not incur any fees in connection with this refund. In justified cases, the Seller may refuse to make a refund using a different form of payment than that used by the Customer during the order placement.
The Customer bears the direct costs of returning the Product to the Seller's registered office. The Consumer should choose such a method of returning the product so that it reaches the Seller’s registered office in an intact condition.
In connection with the withdrawal from the contract, the Consumer, in order to obtain a full refund of the paid amount, should return to the Seller the received Product along with any samples/gifts/free items immediately and in any case no later than 14 days from the day the Buyer informed the Seller about the withdrawal from the contract. The deadline is met if the Buyer sends the goods back before the expiry of the 14-day period.
The Consumer is liable for the decrease in value of the Product resulting from using it in a way that exceeds what is necessary to establish its nature, characteristics, and functioning, including damages resulting from improper packaging of the Product being returned.
The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the Consumer in relation to contracts indicated in Article 38 of the Act, i.e. in particular regarding:

contracts where the subject of the service is a non-prefabricated item made to the specifications of the Consumer or serving to satisfy their individualized needs;
contracts where the subject of the service is a perishable item or having a short shelf life;
contracts where the subject of the service is a sealed item delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery.

The Seller may withdraw from the Contract within 3 days of its conclusion by means of a statement sent to the Customer's provided email address, particularly in the case of promotional sales and clearance sales, for which a limited number of Products were intended, if the execution of the Contract became impossible due to the exhaustion of stock of Products covered by this form of sale.
Regardless of the right to withdraw from the Contract resulting from the Law, the Seller may agree to terminate the Contract at the request of the Customer, on terms individually agreed with them.

VIII.Final Provisions

The Customer may consent to receive commercial information, including the Newsletter, electronically, by selecting the appropriate option in the registration form or at a later date in the "Your Account" tab. If such consent is expressed, the Customer will receive information bulletins (Newsletter) from the Store at the email address they provided, as well as other commercial information sent by the Seller on their own behalf and on behalf of third parties. This consent can be revoked at any time by using the "Unsubscribe from the newsletter" link included in every newsletter message.
The court competent to hear disputes arising from the Contract concluded between the Seller and the Customer who is not a Consumer is the court of proper jurisdiction for the Seller's registered office.
Integral parts of the Regulations include:

Appendix No. 1 - complaint form;
Appendix No. 2 - withdrawal form.

In matters not regulated in the Regulations, appropriate provisions of Polish law apply, in particular the Act and the Civil Code.
The Store's regulations are available at the Seller's registered office and also at the following link: https://promakeupshop.com/regulamin;
These Regulations, along with subsequent amendments, come into force on November 30, 2024.

Warsaw, November 30, 2024.