Regulations of the Online Store – www.aticanails.pl
I. General provisions
These Regulations define the general conditions and method of providing Services electronically and selling via the Online Store www.aticanails.pl. The store is run by an individual entrepreneur, Atica Valeriia Petryk, in Bydgoszcz, at Bydgoszcz
85-097 Jagiellonska 36A/19 NIP 9671470602, REGON 526897164, hereinafter referred to as the Seller.
1. Contact with the Seller takes place via:
1. e-mail address: info@aticanails.pl;
2. by phone: +48 666256811;
2. These Regulations are continuously available on the website www.aticanails.pl, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.
3. The Seller informs that the use of Services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer’s IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
II. Definitions
The terms used in the Regulations mean:
1. Working days – these are days from Monday to Friday, excluding public holidays;
2. Customer – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store allocated to a given Customer, through which the Customer can perform specific activities within the Online Store;
5. Consumer – Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
6. Entrepreneur – Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
7. Regulations – this document;
8. Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
9. Sales Agreement – Goods sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Act on consumer rights – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
12. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
13. Order – the Customer’s declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
II. Rules for using the Online Store
1. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
1. computer or mobile device with Internet access,
2. access to e-mail,
3. Microsoft Edge web browser version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x. or newer,
4. enabling Cookies and Javascript in the web browser.
2. Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
3. The customer is obliged in particular to:
1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating the personal rights and other rights of third parties,
2. use the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
3. not taking actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
4. use the Online Store in a way that is not inconvenient for other Customers and the Seller,
5. use all content posted in the Online Store only for your own personal use,
6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. Services
1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
3. The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The customer may withdraw consent to sending commercial information at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link included in the content of the message sent as part of the Newsletter Service.
4. The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among others: to the Goods or the course of the transaction. By adding statements, the customer declares that he or she has all rights to this content, in particular copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about Goods in the Online Store is concluded for a fixed period and terminates when the opinion is added.
5. Statements should be drafted in a transparent and understandable manner and must not violate applicable law, including the rights of third parties – in particular, they must not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are distributed on the Online Store’s websites.
6. By posting a statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as the preparation of studies of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83).
7. The Customer can send a message to the Seller using the “Ask a question” form available on the card of each Good. The contract for the provision of the Service consisting in providing an interactive “Ask about the product” form enabling Customers to contact the Seller regarding Goods is concluded for a fixed period and terminates when the Customer sends the message.
8. The Customer has the option of adding Goods to the wish list. The contract for the provision of the Service consisting in adding Goods to the wish list is concluded for a fixed period and terminates when the Goods are removed from the wish list.
9. The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store’s website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
10. If the Customer violates the provisions of these Regulations, the Seller, after an ineffective request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for concluding the Sales Agreement
1. Information about the Goods provided on the Store’s website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
2. All Goods available in the Online Store are brand new, consistent with the Agreement and have been legally introduced to the Polish market.
3. If the Seller uses mechanisms for individual price adjustments based on automated decision-making, the Seller always provides this information to the Consumer when placing the Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
4. The condition for placing an Order is to have an active e-mail account.
5. If an Order is placed via the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and upon its receipt by the Customer, a Sales Agreement is concluded.
6. The sales contract is concluded in Polish, with content consistent with the Regulations.
VI. Delivery
1. Delivery of Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following methods of delivery of the ordered Goods:
1. via a courier company;
2. delivered to the parcel locker.
3. On the Store’s website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
4. The delivery and execution time of the Order is counted in Business Days in accordance with point. VII point. 2.
5. The Seller provides the Customer with proof of purchase.
6. If different implementation periods are provided for the Goods covered by the Order, the longest period among those provided applies for the entire Order.
VII. Prices and payment methods
1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
2. The customer can choose the following payment methods:
1. bank transfer to the Seller’s bank account:
(in this case, the execution of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are transferred to the Seller’s bank account and the Order is completed);
2. cash on delivery, payment by the supplier upon delivery (in this case, the execution of the Order and its shipment will begin after the Seller sends the Customer confirmation of acceptance of the Order and completes the Order);
3. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the settlement agent’s system about the payment made by the Customer, and the shipment will be made immediately after completing the Order).
3. On the Store’s website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
1. The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 30 days. To meet this deadline, it is enough to send a declaration before its expiry.
2. The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the website below
3. The 30-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
4. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer’s e-mail address.
5. The right to withdraw from the Agreement by the Consumer is excluded, among others: in case of:
1. An agreement in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
2. Contracts in which the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other things;
6. Other exceptions to the right to withdraw from the Agreement are indicated in Art. 38 section 1-2 of the Consumer Rights Act.
7. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
8. The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until he receives the Goods back or the Customer provides proof of sending them back, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Customer himself.
9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
10. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
11. Instructions on withdrawal from the contract of sale of goods are provided below.
IX. Complaints regarding Goods under warranty
1. The Seller undertakes to deliver the Goods in accordance with the Agreement.
2. The Seller is liable for the non-compliance of the Goods with the contract on the principles set out in the Act on Consumer Rights towards the Customer who is a Consumer and the Customer who is a natural person concluding an Agreement directly related to his business activity, when the content of this Agreement shows that it does not have any provisions for this person. professional nature, resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the following address: Bydgoszcz 85-097 Jagiellonska 36A/19
3., to the e-mail address: info@aticanails.pl, telephone number +48 666256811
4. The Customer may formulate the declaration himself or use the complaint template provided by the Seller on the website below.
5. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching proof of purchase to them. The goods should be delivered or sent to the address indicated in point. 3.
6. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
7. In the event of any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
XI. Guarantees
1. The goods may have a manufacturer’s warranty.
2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is always presented in the description of the Goods on the Store’s website.
XII. Out-of-court methods of resolving complaints and pursuing claims
1. The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy, available on the Store’s website.
XIV. Final Provisions
1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos belong to the Seller, and they may be used only in the manner specified and compliant with the Regulations.
2. The provisions regarding the Consumer contained in these Regulations regarding withdrawal from the contract and complaints apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting from in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. Provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
3. The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
6. Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.