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TERMS AND CONDITIONS

Terms and Conditions of the skinmonday.com e-shop effective from September 15, 2024

These Terms and Conditions define the detailed rules for using the SkinMonday.com online store, available at skinmonday.com, skinmonday.pl, and skinmonday.shop, including the conditions for placing orders for Products available in the online store, the rules for delivering ordered Products to the Customer, methods and deadlines for paying the prices for these Products, the Customer's rights related to withdrawal from the contract, and the rules for submitting complaints.  

 

I. DEFINITIONS

The terms used in these Terms and Conditions mean:

  • Regular Price - the unit price offered to the Customer for the purchase of goods outside of promotional campaigns or price reduction periods.

  • Customer – a natural person, legal person, or organizational unit without legal personality, to which specific provisions grant legal capacity, who places an Order within the Store.

  • Consumer – according to Art. 22[1] of the Civil Code, means a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.   

  • Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

  • Entrepreneur with Consumer Rights – a natural person concluding a Contract with the Seller directly related to their business activity, when the content of the Contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Registration and Information on Business.   

  • Terms and Conditions – these Terms and Conditions defining the general terms of sale and the rules for providing services by electronic means within the Online Store.

  • Online Store (Store) – the internet service available at www.skinmonday.com through which the Customer can, in particular, place Orders.

  • Seller – the owner of the Store.

  • Goods – products presented in the Online Store.

  • Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded betweenSkinMonday.com and the Customer, using the Store's internet service.   

  • Act on Consumer Rights – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827).

  • Act on Providing Services by Electronic Means – the Act of July 18, 2002, on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended).

  • Order – a declaration of intent by the Customer, aiming directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

II. GENERAL PROVISIONS

  1. These Terms and Conditions define the rules for using the online store available at www.skinmonday.com.

  2. These Terms and Conditions are the regulations referred to in Art. 8 of the Act on Providing Services by Electronic Means.

  3. The owner of the Service and the data controller is the company Ana Global Export - Angelika Wysoczańska with its registered office in Warsaw (Masovian Voivodeship), ul. Zygmunta Słomińskiego 7 lok. U3, entered into the Central Registration and Information on Business kept by the Minister of Economy, NIP (Tax Identification Number): 5253038389, REGON (National Business Registry Number): 541130070, hereinafter referred to as SkinMonday.com.

  4. These Terms and Conditions specify in particular:

    • the rules for registration and use of an account within the online store;

    • the conditions and rules for placing Orders electronically within the online store;

    • the rules for concluding Sales Agreements using the services provided within the Online Store.   

  5. Using the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: to correctly use the Store and its functionalities, including placing orders, you must have a device with Internet access and the latest version of an internet browser installed. Using the Store is possible only through an internet browser. The Customer should also have an active email account that allows them to receive an electronic invoice issued by the seller and a purchase confirmation message.   

  6. To use the online store, the Customer should independently obtain access to a computer station, smartphone, or end device with Internet access.

  7. In accordance with applicable laws, the Seller reserves the right to limit the provision of services via the Online Store to persons who are 18 years of age or older. In such a case, potential Customers will be notified of this.

  8. Customers can access these Terms and Conditions at any time via the link provided on the main page of the www.skinmonday.com service, as well as download and print them.

III. RULES FOR USING THE ONLINE STORE

  1. Registration within the Online Store is optional. The Customer can place an order without registering in the Store, after reading and accepting these Terms and Conditions.

  2. Registration occurs by completing and accepting the registration form available on one of the Store's pages.

  3. The condition for registration is consent to the content of the Terms and Conditions and providing personal data marked as mandatory.   

  4. The Seller may deprive the Customer of the right to use the Online Store, as well as limit their access to part or all of the Online Store's resources, with immediate effect, in the event of a breach of the Terms and Conditions by the Customer, and in particular, when the Customer:

    • provided false, inaccurate, or outdated data during registration in the online store, misleading or violating the rights of third parties;   

    • committed a violation of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store;   

    • engages in other behaviors that will be considered by SkinMonday.com as inconsistent with applicable laws or the general principles of using the Internet or harming the good name of skinmonday.com.

      

  5. A person who has been deprived of the right to use the online store cannot re-register without the prior consent of SkinMonday.com.

  6. To ensure the security of message and data transmission in connection with the services provided within the Website, the Online Store undertakes technical and organizational measures appropriate to the degree of risk to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet. The conditions for processing the Customer's personal data are defined by the Privacy Policy of the www.skinmonday.com service and the clause covering the information obligation according to GDPR available at www.skinmonday.com in the "Information" tab.   

  7. The Customer is obliged in particular to:

    • use the Online Store in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet,   

    • not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory, or violating personal rights and other rights of third parties,

    • use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,   

    • refrain from actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,   

    • use the Online Store in a way that is not burdensome for other customers and for SkinMonday.com,   

    • use any content posted within the Online Store only for personal use.

IV. SALES AGREEMENT CONCLUSION PROCEDURE

  1. To conclude a Sales Agreement via the Online Store, one must visit the website www.skinmonday.com and select the Goods by taking subsequent technical steps based on the messages displayed to the Customer and information available on the site, as well as accept these Terms and Conditions.   

  2. The selection of ordered Goods by the Customer is made by adding them to the cart.

  3. During the ordering process – until the button confirming the placement of the Order is pressed – the Customer has the option to modify the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the site.   

  4. After the Customer using the Online Store has provided all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among other things, a description of the selected goods or services, the total price, and all other costs.   

  5. To send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory, and press the button confirming the placement of the Order.   

  6. Information about the Goods provided on the Store's websites constitutes an offer within the meaning of Art. 66 of the Civil Code. Sending the Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with SkinMonday.com, in accordance with the content of the Terms and Conditions. The agreement is considered concluded at the moment the Customer's Order is received by the Online Store's IT system, provided the Order complies with the Terms and Conditions. After concluding the agreement, the Customer receives an e-mail message containing confirmation of all essential elements of the Order. An electronic invoice constituting proof of purchase will also be sent to the e-mail address provided by the Customer.   

  7. Acceptance of the provisions contained in these Terms and Conditions means that the Customer requests the issuance of an invoice documenting the given sale (in accordance with Art. 106b para. 3 of the VAT Act) and agrees to receive the requested invoice in electronic form. The invoice in electronic form will be sent to the Customer in the manner provided for in the Terms and Conditions, i.e., to the e-mail address indicated by the Customer. Acceptance of these Terms and Conditions is a condition for the Customer to be able to make purchases in the Online Store. Any invoice corrections will be delivered to the Customer in an analogous manner, i.e., in electronic form.

  8. The Sales Agreement is concluded in the Polish language, with content consistent with the Terms and Conditions.

  9. Customers can access these Terms and Conditions at any time via the link provided on the main page of the www.skinmonday.com service, as well as download and print them.

  10. The recording, securing, and sharing of order data takes place via e-mail. You can view previous orders within your account after logging in.

V. DELIVERY

  1. Delivery of Goods is limited to the territory of the Republic of Poland and takes place to the address indicated by the Customer during the placement of the Order.   

  2. Delivery of ordered Goods is carried out via the companies listed in the delivery section during the purchasing process; as of the date these regulations are implemented, this is the courier company InPost sp. z o.o.

  3. There is no possibility of personal collection of ordered goods in our store. Delivery costs are: information about delivery costs is provided on the website www.skinmonday.com in the delivery costs tab.

  4. Additionally, delivery costs will be indicated during the placement of the Order.

  5. Delivery lead time: information about the delivery time can be found at: www.skinmonday.com, counted from the day the Customer sends the Order, provided that the ordered Goods should be delivered to the Consumer or Entrepreneur with Consumer Rights within 30 days.

  6. Damage to Goods occurring during delivery. In the case of a consumer distance purchase, our Store always bears the risk of accidental damage or loss of Goods in transit. If the Goods are delivered with obvious damage sustained during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. Delay in reporting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights arising from the non-conformity of the goods with the contract (Section VIII of the Terms and Conditions). Faster reporting of observed damage sustained during transport helps us in pursuing our own claims against the carrier or transport insurer.   

VI. PRICES AND PAYMENT METHODS   

 

  1. The prices of Goods are given in Polish zlotys and include all components, including VAT, customs duties, and any other components.

  2. The Customer has the option to pay the fee by:

    • BLIK payment;

    • payment in the selected Stripe system (current information during the purchasing process)

    • bank transfer payment

      

  3. Payment for the order occurs immediately when choosing online payment.

  4. The Seller is entitled to grant Customers discounts, reductions, or other price preferences at its own discretion, particularly as part of an organized promotional campaign. The Customer is not entitled to demand discounts, reductions, or other preferences that do not result from a promotional campaign.

  5. In every case of informing about a reduction in the Price of the Goods, the Seller, next to the information about the reduced Price, also includes information about the lowest Price of these Goods that was in effect during the 30 days prior to the introduction of the reduction. If the Goods are offered for sale for a period shorter than 30 days, next to the information about the reduced Price, the Seller also includes information about the lowest Price of these Goods that was in effect during the period from the day the Goods were first offered for sale until the day the reduction was introduced.   

VII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Customer has the right to withdraw from the Sales Agreement within 30 days without giving any reason. The deadline for withdrawal from the Sales Agreement expires after 30 days from the day on which the Customer or a third party other than the carrier and indicated by the Customer came into possession of the Goods.

  2. To exercise the right of withdrawal from the Sales Agreement, the Customer should inform SkinMonday.com at admin@skinmonday.com about their decision to withdraw from the Sales Agreement by means of an unambiguous statement (e.g., a return form sent by traditional mail or electronically).

  3. For this purpose, the Customer may use the model return form available on the website www.skinmonday.com in the Customer Service tab, but this is not mandatory. The Customer may also fill in and send any other unambiguous statement electronically on our website admin@skinmonday.com. If the Customer uses this option, the Store will send confirmation of receipt of the information about withdrawal from the Sales Agreement on a durable medium (for example, by e-mail).

  4. If the Customer, within a single Sales Agreement, purchased several identical Goods covered by a promotion, and then withdraws from the Sales Agreement in part concerning any of them, the Customer is refunded the lowest price for that Good indicated on the invoice.

  5. If, due to withdrawal from the Sales Agreement, which also includes Goods covered by a promotion, in part concerning only some of these Goods, the Customer no longer meets the conditions entitling them to benefit from the promotion, the Seller has the right to receive the Regular Price of the Goods retained by the Customer, applicable at the time the Customer placed the Order. The Seller's claim for payment of the Regular Price of the Goods retained by the Customer becomes due after 14 days from receipt of the Customer's statement of withdrawal from the Sales Agreement. In such a case, the Seller will refund the Customer the amount for the returned Goods minus the difference between the Regular Price of the retained Goods applicable at the time of placing the Order and its price after applying the promotion paid by the Customer. The Customer may also withdraw from the contract regarding the entire order.

  6. The Customer bears the direct costs of returning the Goods. More information on returning Goods as part of withdrawal from the Sales Agreement can be found in the Customer Service tab.

  7. In the event of withdrawal from the Sales Agreement, the Store will refund the Customer only the purchase cost of the Goods (subject to the case referred to in point 5 above), excluding the costs of delivering the Goods, no later than 30 days from the day on which the Store was informed by the Customer about the decision to exercise the right of withdrawal from the Sales Agreement. The Store will make the refund using the same payment methods that were used by the Customer in the initial transaction, unless the Customer has expressly agreed otherwise. The Customer will not incur any fees in connection with this refund, other than the direct costs of returning the Goods (these are borne by the Customer).   

  8. The Goods should be sent back or handed over to the Store by the Customer immediately, and in any case no later than 14 days from the day on which the Customer informed the Store about the decision to withdraw from the Sales Agreement. The deadline is met if the Customer sends back the Goods before the expiry of the 14-day period.

  9. The Seller does not bear the cost of returning the Goods. The Customer is only liable for any diminished value of the Goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the Goods.   

  10. The Customer's right to withdraw from the Sales Agreement is excluded in the case of Sales Agreements where the subject of the service is:

    • Goods delivered in sealed packaging which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;   

    • Goods liable to deteriorate or expire rapidly.

VIII. COMPLAINTS REGARDING GOODS

Applies to Customers who are Consumers and Entrepreneurs with Consumer Rights:

  1. The Seller is obliged to deliver Goods to the Customer that conform to the Sales Agreement. In the event of non-conformity of the Goods with the Sales Agreement, the Seller bears statutory liability in accordance with Chapter 5A of the Act on Consumer Rights.

  2. The Seller is not liable for the non-conformity of the Goods with the Sales Agreement if the Customer, at the latest at the time of concluding the Sales Agreement, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity of the Goods with the Sales Agreement, and the Customer expressly and separately accepted the lack of a specific feature of the Goods.

  3. Complaints can be submitted:

  4. When submitting a complaint, it is recommended to include:

    • information concerning the subject of the complaint, in particular the type and date of the defect occurrence and the product batch number;

    • specification of the request regarding the method of removing the defect (exchange of goods for new ones, repair of goods, price reduction, withdrawal from the Sales Agreement – if the defect is significant); and

    • contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Online Store.   

  5. The recommendations specified above are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.   

  6. If the Goods do not conform to the Agreement, the Customer may:

    • request repair or replacement of the Goods. Then:

      • The Seller may make an exchange when the Customer requests repair, or the Seller may make a repair when the Customer requests an exchange, if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If impossibility or excessive costs concern both repair and exchange, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.   

      • The Seller carries out the repair or exchange of the Goods within a reasonable time from the moment the Seller was informed by the Customer about the lack of conformity with the Sales Agreement and without excessive inconvenience to the Customer, taking into account the specificity of the Goods and the purpose for which the Customer acquired them. The costs of repair or exchange, including in particular the costs of transport, labor, and materials, are borne by the seller.

      • The Customer is not obliged to pay for the normal use of the Goods which were subsequently exchanged.

    • submit a statement on reducing the price of the Goods or withdrawing from the Sales Agreement, when:

      • The Seller refused to bring the Goods into conformity with the Sales Agreement, if both exchange and repair of these Goods are impossible, or would require excessive costs for the Seller;

      • The Seller did not carry out the repair or exchange of the Goods within a reasonable time and without excessive inconvenience to the Customer;

      • The Goods are still non-conforming with the Sales Agreement, despite the Seller attempting to bring these Goods into conformity with the Sales Agreement;

      • The lack of conformity of the Goods with the Sales Agreement is significant enough to justify an immediate price reduction of the Goods or withdrawal from the Sales Agreement without prior recourse to the protective measures specified in point 6 above;

      • It clearly follows from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Customer.   

  7. The Customer cannot withdraw from the Sales Agreement due to non-conformity of the Goods with the Agreement if the non-conformity of the Goods with the Sales Agreement is insignificant. It is presumed that the non-conformity of the Goods with the Sales Agreement is significant.

  8. When exercising rights arising from the non-conformity of the Goods with the Sales Agreement – if the Seller deems it necessary to process the complaint and informs about this need - the Customer is obliged to deliver the defective Goods to the postal address indicated above. The Seller does not bear the cost of returning the Goods.

  9. The Seller will process the complaint immediately, no later than within 14 days from the date of its receipt. Lack of response from the Seller to the complaint within the aforementioned period means that the Seller has acknowledged the complaint.

  10. The provisions of the Act on Consumer Rights concerning the non-conformity of goods with the contract are excluded in the case of Sales Agreements for Goods concluded by Customers other than Consumers or Entrepreneurs with Consumer Rights.

(Note: Section IX is missing in the original source)

X. COMPLAINTS REGARDING ELECTRONIC SERVICES

  1. The Seller takes actions to ensure the fully correct operation of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.   

  2. The Customer may notify us of any irregularities or interruptions in the functioning of the Online Store service. Please report irregularities related to the functioning of the Store electronically to the address: admin@skinmonday.com;   

  3. In a complaint regarding irregularities related to the functioning of the Online Store service, please indicate the type and date of occurrence of the irregularity.   

  4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.  

XI. OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIM PURSUIT

  1. We inform that there are possibilities of using out-of-court methods for handling complaints and pursuing claims. Using them is voluntary and can only take place if both parties to the dispute agree to it.   

  2. A Consumer may apply to initiate proceedings for the out-of-court resolution of consumer disputes concerning a concluded Sales Agreement to the Trade Inspection Authority (Inspekcja Handlowa), in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).   

  3. A Consumer may also apply for the resolution of a dispute concerning a concluded Sales Agreement by a permanent amicable consumer court operating at the relevant voivodeship inspectorate of the Trade Inspection, in accordance with Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).   

  4. The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: https://ec.europa.eu/consumers/odr/.   

  5. Detailed information regarding the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court methods for handling complaints, pursuing claims, and the rules of access to these procedures, are available at the headquarters and on the websites of the voivodeship inspectorates of the Trade Inspection and at the internet address: https://uokik.gov.pl/spory_konsumenckie.php.   

XII. REVIEWS

  1. We provide the Customer with the possibility of posting reviews about the Store, the Seller, or the Goods — within the Store or external services belonging to third parties. In such a case, the provisions of this paragraph apply to posting reviews.

  2. Posting a review is possible after using the Store, in particular after concluding an Agreement, whereby posting a review is possible at any time.

  3. The Customer should formulate reviews in a reliable, honest, and substantive manner, as linguistically correct as possible, and without using vulgarisms and other words commonly considered offensive.

  4. It is forbidden to post reviews:

    • without prior use of the Store;

    • about Goods that the Customer has not used or purchased;

    • that constitute acts of unfair competition within the meaning of Art. 3 of the Act of April 16, 1993, on combating unfair competition;

    • violating the personal rights of the Seller or a third party;

    • by paid users, particularly for the purpose of artificially inflating the Goods' rating.   

  5. The Seller verifies whether the posted reviews comply with the Terms and Conditions, and in particular, whether they originate from Customers who actually used or purchased the Goods. In addition, in case of any doubts the Customer may have regarding posted reviews, the Customer can report a review to the Seller for verification. Upon receiving a report from the Customer, the Seller will take actions, appropriate to the available possibilities, aimed at verifying the posted review.

  6. In the case of posting a review that does not meet the requirements provided for in the Terms and Conditions, the Seller may refuse to publish the review or remove it.

  7. Subject to point 6 above, the Seller publishes all reviews, both positive and negative. The Seller does not publish reviews that are sponsored or result from contractual relationships with another entrepreneur.

XIII. FINAL PROVISIONS

  1. The Customer may terminate the agreement for the provision of electronic services at any time by sending the Seller an appropriate declaration of intent, using any means of distance communication.

  2. The Seller reserves the right to change the Terms and Conditions for important reasons, i.e., in the case of:

    • the need to adapt the Terms and Conditions to applicable laws affecting the content of the Terms and Conditions;

    • the need to adapt the Seller's activities to orders, rulings, decisions, or guidelines resulting from a decision of a competent public administration authority regarding the Seller's activities affecting mutual rights and obligations specified in the Terms and Conditions or a court ruling applicable to the Seller's activities affecting mutual rights and obligations specified in the Terms and Conditions;

    • changes in the rules for providing services by electronic means – provided that these changes will not entail any mandatory costs for the consumer;

    • changes in the technical conditions of services provided electronically;

    • changes in the method of concluding the Sales Agreement;

    • the need to introduce editorial changes to the Terms and Conditions that do not affect the rights and obligations of the Customer or the Seller in the content of the Terms and Conditions.

  3. All Orders placed by the Customer before the effective date of the new Terms and Conditions are processed based on the Terms and Conditions that were in force on the day the Customer placed the Order.

  4. The new Terms and Conditions come into effect 7 days after the publication of the new Terms and Conditions in the Online Store. The Seller will inform a Customer who has an account, 7 days before the new Terms and Conditions come into effect, about the change in the Terms and Conditions via an e-mail message. In the absence of acceptance by the Customer of the new content of the Terms and Conditions, the Customer may terminate the agreement for the provision of electronic services in accordance with point 1 above.

  5. The court competent for resolving disputes with Consumers and Entrepreneurs with Consumer Rights is the court with local jurisdiction according to the applicable provisions of the Code of Civil Procedure.

  6. The resolution of any disputes arising between the Seller and a Customer who is not a Consumer is subject to the court competent for our registered office.

  7. In matters not regulated in these Terms and Conditions, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964, Civil Code (consolidated text Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827). In case of any contradictions between these Terms and Conditions and the rights of Customers and provisions resulting from generally applicable laws, the generally applicable provisions of Polish law shall apply.

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