Online Shop Terms of Use
published on 10.10.2018

 

Article 1

Preliminary Provisions

  • The online shop Sevenea, available at the web address www.sevenea.com is maintained by Offa Innovative Solutions Sp. z o.o. with the seat at Grzybowska 5A, Warsaw, Poland

(address for service:

Offa Innovative Solutions Sp. Z O.O.,

Warsaw Financial Center, 24 floor,

Emilii Plater 53,

00-113 Warsaw, Poland);

entered into the National Court Register [Krajowy Rejestr Sądowy, KRS] by the District Court [Sąd Rejonowy] in/for Warsaw [Miasto St. Warszawy], XII Economic Division of the KRS [XII Wydział Gospodarczy], under the KRS number 0000663567, with the initial capital of 5 000 PLN NIP [Numer Identyfikacji Podatkowej, tax identification] number 5252698971 REGON [Rejestr Gospodarki Narodowej, National Business Registry] number 366566442.

  • These Terms of Use apply both to Consumers and to Traders using the Shop and set forth the rules of using the Online Shop, as well as the rules and mode for the conclusion of Distance Sales Contracts with the Customer through the Shop.

Article 2

Definitions

  • Consumer – a natural person concluding a contract with the Seller through the Shop, the subject matter of such a contract not being directly related with their economic or professional activity.
  • Seller – Offa Innovative Solutions Sp. z o.o. with the seat at Grzybowska 5A, Warsaw, Poland, post code 00-132 entered into the National Court Register [Krajowy Rejestr Sądowy, KRS] by the District Court [Sąd Rejonowy] in/for Warsaw [Miasto St. Warszawy], XII Economic Division of the KRS [XII Wydział Gospodarczy], under the KRS number 0000663567, with the initial capital of 5 000 PLN, NIP [Numer Identyfikacji Podatkowej, tax identification] number 5252698971, REGON [Rejestr Gospodarki Narodowej, National Business Registry] number 366566442.
  • Customer – any entity purchasing through the Shop
  • Trader – a natural person, a legal person or an organisational entity without legal form with legal capacity granted by way of a separate legal act, conducting their business activity in their own name, using the Shop.
  • Shop – an online shop maintained by the Seller at the following web address: shop.sevenea.com
  • Distance Contract – a contract concluded with the Customer in the framework of an organised system of distance contracts (within the Shop) without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
  • Terms of Use – these terms of use of the Shop.
  • Order – Customer’s declaration of will made by way of an Order Form and aimed directly at the conclusion of the Sales Contract with the Seller for one or more Products.
  • Account – the Customer’s account in the Shop, gathering data provided by the Customer and information about Orders made by the Customer in the Shop.
  • Registration Form – a form available in the Shop, allowing for the creation of an Account.
  • Order Form – an interactive form available in the Shop to make an Order, in particular by adding Products to the Cart and specifying the terms and conditions of the Sales Contract, including the mode of delivery and payment.
  • Cart – an element of the Shop’s software providing an overview of the Products selected by the Customer to be purchased, offering an option to identify and modify Order data, in particular the quantity of products.
  • Product – a movable item/service available in the Shop and constituting a subject of Sales Contract between the Customer and the Seller.
  • Sales Contract – an agreement for the sale of a Product concluded between a Customer and a Seller by way of the Online Shop. The Sales Contract shall also mean, depending on the features of the Product, a contract for the provision of services and a contract for specific work.
  • Code of Good Practice – a collection of good practices, in particular ethical and professional norms, referred to in Article 2(5) on the Act on Prevention of Unfair Market Practices of 23 August 2007, as amended.
  • ODR Platform – an EU Internet platform based on the provisions of 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, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.

Article 3

Shop Contact Data

  • Seller’s address: Offa Innovative Solutions Sp. z o.o. ul. Emilii Plater 53, 24 floor, 00-113 Warsaw, Poland
  • Seller’s e-mail address: office@offacosmetics.com
  • Seller’s telephone number: 0048 690 024 298
  • Seller’s bank account number: PKO Bank Polski, IBAN: PL 57 1020 1068 0000 1402 0316 5610; BIC (SWIFT): BPKOPLPW
  • The Customer can communicate with the Seller using the addresses and numbers specified in this Article.
  • The Customer can communicate with the Seller by phone between 9 am and 5 pm CET.  The Seller does not charge the Customer for contacting them by means of distance communication, and the Purchasers bear the costs as provided for in the contract between the Purchaser and the provider of services of distance communication.

Article 4

Technical Requirements

  • The following are required for using the Shop, in particular viewing the Products and ordering them:
    • user’s device with access to the Internet and an Internet browser such as Internet Explorer, Chrome, or Firefox,
    • an active e-mail account,
    • agreement to accept cookies,
    • installed FlashPlayer software.

Article 5

General Information

  • The Seller is not be liable, to the widest extent allowed by the law, for any disturbances and breaks in the functioning of the Shop resulting from force majeure, illegal activities of third parties or incompatibility of the Shop with the Customer’s technical infrastructure.
  • The Products in the Shop can be viewed without the need to create an Account. The Customer can order the Products either by creating the Account as specified in Article 6 of these Terms of Use or by providing personal and address data necessary to execute the Order without creating the Account.
  • The prices in the Shop are provided in Euro [EUR] and are gross prices (i.e., inclusive of VAT).
  • The final price to be paid by the Customer consists of the price of the Product and the delivery cost (including transportation, delivery and postal fees); the Customer is informed about the price on the Shop’s website while making the Order, including when making the declaration of will of binding the Customer with the Sales Contract.
  • The Seller abides by the Code of Good Practice.

Article 6

Creating the Account in the Shop

  • To create the Account in the Shop, the Customer needs to complete the Registration Form. The following data are necessary: first name, last name, address, phone number, e-mail address, chosen login and password.
  • The Account in the Shop is created free of charge.
  • To log into the Account the Customer needs to provide the login and password created in the Registration Form.
  • The Customer can delete the Account at any time, without providing the reason and free of charge, by sending an appropriate request to the Seller, in particular through e-mail or mail using the addresses provided in Article 3.

Article 7

Placing the Order

To place the Order the Customer needs to:

  • log in to the Shop (optional);
  • select the Product that is the subject of the Order and press the “Add to the Cart” button (or equivalent);
  • login or place the Order without Registration;
  • if the Order is placed without registration – fill in the Order Form, entering the data of the Order’s recipient and the delivery address, and enter invoicing data if different from the Order recipient’s data;
  • click the “Order and Pay” button and confirm the order by clicking the link sent to the e-mail address,
  • select one of the available payment options and, depending on the payment option, pay for the Order until the specified deadline, subject to Article 8(3).

Article 8

Delivery and Payment Methods

  • The Customer can choose from the following methods of delivery or collection of the ordered Product:
  • delivery by courier service, pre-paid only
  • The Customer can choose from the following payment methods:
  • payment by transfer to the Seller’s account,
  • electronic transfer,
  • payment by card.
  • Detailed information about delivery methods and acceptable payment methods can be found on the Shop’s website.

Article 9

Processing of the Sales Contract

  • The Sales Contract between the Customer and the Seller is concluded after the Customer has placed an Order by way of the Order Form in the Online Shop, in accordance with Article 7 of the Terms of Use.
  • After the Order is placed, the Seller confirms its receipt without undue delay and accepts the Order for processing. The Order is confirmed as received and accepted for processing by way of an e-mail sent by the Seller to the Customer to the e-mail address provided by the Customer while placing the Order; such an e-mail must contain at least the Seller’s confirmation of the receipt of the Order and its acceptance for processing, information about the right to withdraw from the contract, model form of withdrawal from the contract and confirmation of the conclusion of the Sales Contract. The Sales Contract is concluded when the Customer receives such an e-mail.
  • If the Customer selects: payment by transfer, electronic payment or payment by card, the Customer is obliged to pay within 5 working days after the conclusion of the Sales Contract, otherwise the order is cancelled.
  • The Order is shipped by the Seller not later than within 5 working days after receiving the payment (notwithstanding the provisions of section 5 of this Article), in the manner selected by the Customer when placing the Order.
  • If Product is temporary unavailable, the Seller will immediately inform the Customer about the closest possible date of sending the order.
  • The delivery period of the Product to the Customer runs from the date in which the payment is credited to the Seller’s bank account.
  • The Product is delivered within Europe and most countries of the world, unless political conditions of a country currently prevent such deliveries.
  • The Product is delivered to the Customer against a fee, unless provided for otherwise in the Sales Contract. The costs of Product delivery (including transportation, delivery and postal fees) can be viewed by the Customer at the Shop’s website in the „Delivery” tab and while placing the Order, as well as when making the declaration of will of binding the Customer with the Sales Contract.
  • The Seller includes the printed proof of purchase with the order sent to Customer.

Article 10

The Right to Withdraw from the Contract

  • The Consumer can withdraw from the Sales Contract within 14 days without the need to provide reasons.
  • The period indicated in point 1 runs from the date the Product is delivered to the Consumer or another person indicated by them, other than a shipping company.
  • In the case of a Contract covering several Products delivered separately, in batches or in parts, the term indicated in point 1 runs from the delivery of the last item, batch or part.
  • The Consumer can withdraw from the Contract by filing a declaration of Contract withdrawal with the Seller. The term of withdrawal is observed if the Consumer sends the declaration before the specified deadline.
  • The declaration can be sent by mail or e-mail to the Seller’s address – the Seller’s contact data are specified in Article 3. The declaration can also be made on a form whose model is attached as an appendix to the Act on Consumer’s Rights of 30 May 2014, however, this is not obligatory.
  • If the declaration is sent by the Consumer by e-mail, the Seller immediately sends to the Consumer, to the e-mail address provided by the Consumer, a confirmation of receipt of the declaration of Contract withdrawal.
  • Results of Contract withdrawal:
  • In the case of withdrawal from a Distance Contract, the Contract is deemed not concluded.
  • In the case of withdrawal from a Contract, the Seller returns to the Consumer without undue delay, not later than 14 days after receiving the Consumer’s declaration on Contract withdrawal, all payments made by the Consumer, except for delivery costs, if the Products had already been sent to the Consumer.
  • The payments are returned by the Seller by the same methods as selected by the Consumer in the original transaction.
  • The Seller may withhold the return of the payment until the receipt of the Product or of the proof of dispatch, whichever is earlier.
  • The Consumer should send the Product to the Seller’s address specified in these Terms of Use without undue delay, not later than 14 days after notifying the Seller on Contract withdrawal. The term is deemed observed if the Consumer send the Product within 14 days.
  • The Consumer bears direct costs of the return of the Product.
  • The Consumer is liable for any diminished value of the Product resulting from the handling of the Product in a manner other than what is necessary to establish its nature, characteristics and functioning. In particular, the Product that is being returned should be unopened, unused and have all the safety wrapping foils intact. It is assumed that Product without safety wrapping foil is a used Product, which value has been decreased to 0% of the initial value, due to the particular character and purpose of the Product.
  • The Consumer has no right to withdraw from a distance contract:
        • which subject matter are not prefabricated goods, but goods manufactured following the Consumer’s specifications or meant to meet the Consumer’s individual needs,
        • which subject matter are goods delivered in a sealed package which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,

Article 11

Complaints and Guarantee

  • The Sales Contract pertains to new Products. The Seller is obliged to deliver goods free of defects.
  • If the item purchased by the Customer from the Seller has a defect, the Customer has the right to lodge a complaint in accordance with the rules of statutory warranty provided for in the Civil Code. If the Customer is a Trader, the parties hereby indemnify each other against statutory warranty.
  • The complaint needs to be lodged in writing or by electronic means using the Seller’s addresses provided in these Terms of Use.
  • The complaint should contain a short description of the defect, circumstances (including the date) of its occurrence, data of the Customer lodging the complaint and the resulting demand of the Customer.
  • If the sold item has a defect, the Consumer may:
    • demand price decrease;
    • declare the withdrawal from the contract;

unless the Seller immediately, and without unduly encumbering the Customer, replaces the item with a defect-free item or removes the defect. However, if the item in question has already been replaced or repaired by the Seller, or the Seller has failed to meet their obligation to replace the item or remove the defect, the Seller has no right to replace the item or remove the defect.

  • Instead of the removal of the defect as proposed by the Seller, the Consumer may demand the replacement of an item with a defect-free item, or instead of the replacement of the item may demand the removal of the defect, unless bringing the item to conformity with the contract in the manner selected by the Consumer is impossible or requires excessive costs in comparison with the manner proposed by the Seller. The excessiveness of the costs is assessed with regard to the value of a defect-free item, type and significance of the defect and inconvenience to the Consumer resulting from another manner of meeting their demands.
  • The Consumer cannot withdraw from the Contract if the defect is negligible.
  • If the item sold has a defect, the Consumer can also request its replacement with a defect-free item or removal of defect.
  • The Seller is obliged to replace the item with a defect-free item or remove the defect without undue delay or inconvenience to the Customer.
  • The Seller can refuse to meet the Consumer’s demand if bringing the defective item into conformity with the Contract in the manner selected by the purchaser is impossible or, in comparison with the other manner of bringing the item in conformity with the Contract, would require excessive costs.
  • The Consumer exercising their statutory warranty rights is obliged to deliver the defective item at the Seller’s cost to a complaints address;
  • The costs of replacement or repair are borne by the Seller.
  • The Seller must accept the defective item from the Consumer if the item is being replaced with a defect-free item or in the case of contract withdrawal.
  • The Seller must address the complaint without undue delay, and if the Customer is a Consumer – within no more than 14 days. If the Customer is a Consumer, and the Seller fails to address the complaint within 14 days, the Customer’s complaint is deemed accepted by the Seller.
  • Items that are sent back within the framework of the complaint’s procedure should be sent to the address provided in Article 3 of these Terms of Use.
  • The Seller is liable under statutory warranty if a physical defect is identified before two years from the moment the item is transferred to the Consumer.
  • The Consumer’s claim for the removal of defect or replacement of the sold item with a defect-free one is subject to a time-limit of one year from the identification of the defect, however not earlier than two years from the moment the item is transferred to the Consumer.
  • If the use-by date specified by the Seller or manufacturer ends later than two years after the item was transferred to the Consumer, the Seller is liable under statutory warranty for physical defects of the item identified before this term.
  • In the deadlines specified in Article 11(16)-(18) the Consumer can file a declaration of contract withdrawal or price decrease due to a physical defect of the sold item, and if the Consumer has requested the replacement of the defective item with a defect-free one or removal of defect, the period for the declaration of contract withdrawal or price decrease due to a physical defect of the item runs from the ineffective expiry of the term for item replacement or defect removal.
  • If one of the rights under statutory warranty is pursued before a court or an arbitration panel, the period for pursuing other rights of the Consumer under the same cause is suspended until the legally valid conclusion of such proceedings. The foregoing applies also accordingly to mediation proceedings, in which case the period for pursuing other rights of the Consumer under statutory warranty runs from the date the court refuses to confirm the settlement made before the mediator or the mediation ends without effect.
  • Article 11(16)-(18) applies to the exercise of the rights under statutory warranty for legal defects of a sold item, and the period for such exercise runs from the day the Consumer became aware of the defect, and if the Consumer became aware of the defect only as a result of third party proceedings, from the day a judgment in a dispute with a third party became legally valid.
  • If due to a defect of an item the Consumer made a declaration of contract withdrawal or price decrease, the Consumer may demand the redress of the damage resulting from the contract that the Consumer concluded without knowledge of the defect, even if the damage results from circumstances outside of the Sellers responsibility. In particular, the Consumer may demand the return of costs of contract conclusion, item collection, transport, storage and insurance; the return of expenditures made in the scope in which the Consumer made no profit and which were not redeemed by a third party; and the return of legal proceedings costs. The above is without prejudice to the obligation of redressing the damage resulting from general rules.
  • The expiration of no period for defect identification excludes the right to exercise the statutory warranty if the Seller fraudulently concealed the defect.
  • The Seller, if obliged to provide services or financial services to the Consumer, must do so without undue delay, no later than within the deadlines specified in the law.

Article 12

Out-of-court Complaints and Claims

  • Detailed information about the options available to the Consumer in terms of out-of-court complaints and claims procedures, as well as rules of exercising these options, can be obtained from the offices and websites of local (poviat, municipal) consumers’ interests representatives, civic organisations whose statutory tasks include consumers’ protection and Voivodeship Trade Inspectorates [Wojewódzkie Inspektoraty Inspekcji Handlowej], and at the following websites of the Office of Competition and Consumer Protection [Urząd Ochrony Konkurencji i Konsumentów]:

http://www.uokik.gov.pl/spory_konsumenckie.php,

http://www.uokik.gov.pl/sprawy_indywidualne.php, and

http://www.uokik.gov.pl/wazne_adresy.php.

  • The Consumer’s options of out-of-court complaints and claims include the following:
  • The Consumer has the right to address the permanent consumer arbitration court identified in Article 37 of the Act on Trade Inspection of 15 May 2000 (Polish Journal of Laws [Dz. U.] of 2014, item 148 as amended), requesting the settlement of a dispute resulting from a Contract with a Seller.
  • The Consumer has the right to address the Voivodeship Trade Inspector in accordance with Article 36 of the Act on Trade Inspection of 15 May 2000 (Polish Journal of Laws [Dz. U.] of 2014, item 148 as amended), requesting the initiation of a mediation procedure for amicable settlement of a dispute between the Consumer and a Seller.
  • The Consumer can obtain, free of charge, help in the settlement of a dispute with a Seller, requesting the aid of a local (poviat, municipal) consumers’ interests’ representative or a civic organisation whose statutory tasks include consumers’ protection (such as Federacja Konsumentów [Consumers’ Federation], Stowarzyszenie Konsumentów Polskich [Association of Polish Consumers]).

Article 13

Personal Data in the Online Shop

  • The Seller acts as data controller for the personal data of Customers collected through the Online Shop.
  • Customers’ personal data collected by the data controller through the Shop are gathered for the purpose of performing the Sales Contract, and if the Customer agrees, also for marketing purposes.
  • The following can be recipients of personal data of the Online Shop Customers:
  • the selected shipping entity or agent delivering the shipments for the data controller.
  • in the case of a Customer choosing payment by electronic transfer or payment by card in the Online Shop, the data controller discloses the Customer’s personal data to the selected entity providing such payment services in the Online Shop.
  • The Customer has the right to access their data and have them corrected.
  • The provision of personal data is voluntary, however, if the personal data identified in these Terms of Use as necessary for the conclusion of the Sales Contract are not provided, such contract cannot be concluded.

Article 14

Final Provisions

        • Contracts concluded through the Online Shop are in the English language.
        • The Seller has the right to amend the Terms of Use for valid reasons, such as: changes in the law, changes in the modes of payment and delivery – in the scope in which they influence the realisation of the provisions of these Terms of Use. The Seller must notify the Customer about each such change at least 7 days in advance.
        • In matters not regulated by these Terms of Use, the valid provisions of the Polish law shall apply, in particular: The Civil Code, the Act on the Provision of Services by Electronic Means, the Act on Consumer’s Rights, the Personal Data Protection Act.
        • The Customer has the right to resort to out-of-court complaints and claims procedures. To this end, the Consumer may lodge a complaint through the ODR Platform.