§ 1. Regulations
These Regulations define the general conditions, manner of providing services by electronic means and sales conducted via the Online Store www.skin79.net. This site is operated by Grupa MSG Sp. z o.o. (formerly MSG TRADE SP. z o.o. Sp. k.) (NIP [Tax ID No.]: 7712903630, REGON [statistical ID]: 381800573, Registration number: 000411203) from its registered address at ul. Wojska Polskiego 118D, 97-300 Piotrkow Trybunalski, Poland. E-mail: [email protected], telephone number: +48 609 005 282
§ 2 Definitions
The following words and phrases shall have the meaning set out below unless the context requires otherwise:
1. Working days - a day other than a Saturday, Sunday or public holiday.
2. Delivery – shall mean the act of delivering products specified in the order to the Customer by the seller, via the Supplier.
3. Password - means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure the access to the Customer Account in the Online Store.
4. Client - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Terms and Conditions and legal regulations
5. Consumer- a natural person conducting a legal transaction not directly related to their business or professional activity.
6. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
7. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person whom the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
9. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
10. Seller - means Grupa MSG Sp. z o.o. (formerly MSG TRADE SP. z o.o. Sp. k.), ul. Wojska Polskiego 118D, 97-300 Piotrkow Trybunalski, NIP [Tax ID No.]: 7712903630, REGON [statistical ID]: 381800573, Registration number: 000411203, e-mail: [email protected], telephone: +48 609 005 282
11. Shop Website - means the websites where the Seller runs the Online Store
operating in the given domain: skin79.net.
12. Goods - means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
13. Persistent medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him in a way that allows access to information in the future for a reasonable time for the purpose of this information, and which allows the stored information to be restored unchanged.
14. Sales agreement - means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
§ 3 General resolutions and use of the Online Store
1. All rights to the Online Store, including copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, and to patterns, forms, logos posted on the Store Website (except logos and photos presented on the Store Website for the purpose of presenting the goods, to
whose copyrights belong to third parties) belong to the Seller, and the use of them can only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
3. The Seller uses the mechanism of "cookie" files, which when used by customers from the Store Website, are saved by the Seller's server on the hard disk of the Customer's terminal device. The use of "cookies" is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client's terminal device and does not cause any configuration changes in the end-devices of the clients or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Online Store Website and in order to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
5. It is prohibited to provide illegal content by the Customer and the Customer's use of the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, good practices or violating personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above risks. In particular, they should use antivirus programs as well as programs which protect the identity of those using the Internet. The seller never asks the customer to provide him with the password in any form.
7. It is not allowed to use resources and functions of the Online Store in order to conduct business by the customer. that would infringe the Seller's interest, i.e. the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content.
§ 4 Registration
1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form made available by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field on the form.
5. During Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about anticipated or known to the Seller recipients of such data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the Seller's address via e-mail.
7. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. With this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains the access to the Customer Account as well as the possibility of making changes during the Registration of data.
§ 5 Orders
1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation of the Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
3. A customer placing an order through the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the "TO CART" order under the given Product presented on the Store Website. After completing the entire order and indicating the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller by selecting the "PLACE ORDER" button on the Store Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.
4. Placing an order constitutes submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of the order.
5. After placing the order, the Seller sends a confirmation of his submission to the e-mail address provided by the Customer.
§ 6 Payments
1. The prices on the Store Website placed at the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following payment methods for ordered Goods:
a) bank transfer to the DotPay bank account (in this case, the order will be processed after the Seller sends the confirmation of the order receipt and after receiving from the DotPay system information on the positive completion of the payment);
b) payment card or bank transfer via the DotPay external payment system, operated by DotPay Ltd. based in Krakow (in this case, the implementation of the order will begin after sending the customer confirmation of the order and after receiving from the DotPay system information about the successful completion of the payment);
c) PayPal- PayPal (Europe) S.a r.l. & Cie, S.C.A., 5.22–24 Boulevard Royal, L-2449, Luxembourg.
e) Bank/ wire transfer
3. The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 14 calendar days, if he chose the form of prepayment.
4. If the Customer fails to make the payment within the time limit referred to in §6 para. 3, the Seller shall inform the Customer about the cancellation of the order by e-mail or in writing.
§ 7 Delivery
1. The Seller executes the Deliveries on the territory of the Republic of Poland, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Great Britain, Ireland, Italy, Croatia.
2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
3. The Seller places information on the number of Working Days needed for the Delivery and order processing on the Store Website.
4. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
5. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the delivery, the Customer has the right to demand from the Supplier's employee to draw up the proper protocol.
6. The Seller attaches to the delivery being the subject of the Delivery the proof of purchase including the delivered Goods.
§ 8 Warranty
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect unless it is impossible to bring things into conformity in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective product with one free of defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the Defective Goods into compliance with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared with the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller.
4. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date can not be completed before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
5. Any complaints related to the Products or the implementation of the Sales Agreement, the Customer may submit in writing to the address of the Seller.
6. The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or complaints related to the implementation of the Sales Agreement notified by the Customer.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address: [email protected]. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
8. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 9 Withdrawal from the Sales Agreement
1. A Customer being a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 30 days.
2. The running of the period for withdrawal from the Sales Agreement shall commence from the moment the Consumer takes possession of the Good. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be made, for example, in writing to the Seller's address, via e-mail to the address of the Seller. The statement may be submitted on a form, the design of which was posted by the Seller on the Store's Website at the following address: https://skin79.net/odstapienie_od_umowy. To comply with the deadline, it is enough to send a statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered as void.
4. If the Consumer submitted a statement on withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of a proof of sending back the Goods, depending on which event occurs first.
6. The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
7. In the event of withdrawal, the Customer being a Consumer bears only the direct cost of returning the Product.
8. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
9. The Seller shall return the payment using the same method of payment as used by the Consumer unless the Consumer has expressly agreed to a different method of return, which does not bind to any costs for him.
§ 10 Free services
1. The Seller provides free electronic services to Clients:
a) Contact form;
c) Running a Customer Account;
d) Posting opinions.
2. Services indicated in §10 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected services listed, about which he will inform the Customers in a manner appropriate to the change in the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form placed on the Store Website.
5. Resignation from the free service "contact form" is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service may be used by any Customer who enters his e-mail address or telephone number, using for this purpose a registration form made available by the Seller on the Store Website.
The customer receives immediately, by e-mail, on his e-mail address / phone number provided in the registration form, an activation link to confirm subscription. When the link is activated by the Customer, an agreement for the provision of the Newsletter service is concluded electronically.
7. Newsletter service consists in sending by the Seller, to the email address or via SMS, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have made a subscription.
8. Each Newsletter addressed to the given Clients contains, in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of withdrawal from the free Newsletter service.
9. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail message or text message sent as part of the Newsletter service.
10. The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data he provided during the Registration, as well as tracking the order status and orders history already completed.
11. The Customer who has registered may request a removal of the Seller's Customer Account, however, if the Customer requests the Customer's account to be removed by the Seller, it may be deleted within 14 days of submitting the request.
12. The Opinion Service consists in allowing Customers by the Seller, who have made the purchase, to publish individual and subjective comments of the Customer regarding in particular the Goods on the Store Website.
13. Cancellation of the service Posting opinions is possible at any time and consists in ceasing to post content by the customer on the Store Website.
14. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller, i.e. to carry out the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content, as well as in the case of actions by the customer to the detriment of other customers, breach of the law or provisions of the Regulations by the customer, also when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 11 Responsibility of the Client in the scope of content posted by him
1. By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. The customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, industrial property rights objects (eg. trademarks) and / or related rights subjects that make up the content;
b) placing and providing access to personal data, image and information related to third parties within the services referred to in § 10 of the Regulations, in a legal, voluntary manner and with the consent of the persons concerned; c) consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consents to the development of works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
a) posting, as part of the use of the services referred to in § 10 of the Regulations, personal data of third parties and dissemination of the image of third parties without the required permission or consent of a third party;
b) posting, as part of using the services referred to in § 10 of the Regulations, advertising and / or promotional content.
4. The Seller is responsible for the content posted by the Customers, provided that he receives notification in accordance with §12 of the Regulations.
5. It is forbidden for Clients to post, as part of using the services referred to in §10 of the Regulations, content that could in particular:
a) be placed in bad faith, eg with the intention of violating personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
c) be offensive or threatened to other people, contain vocabulary that violates good manners (eg by using profanity or terms commonly considered offensive);
d) be in contradiction with the interest of the Seller, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the activity of the Seller; false or misleading content;
e) violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms in other way.
6. If a notification is received in accordance with §12 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §10 of the Regulations, in particular with regard to content on which based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The seller does not keep current content checked.
7. The Customer agrees to the Seller's free use of the content posted by him as part of the Store Website.
§ 12 Reporting a threat or violation of rights
1. If the Customer or other person or entity finds that the content published on the Store Website violates their rights, personal rights, good manners, feelings, morals, beliefs, principles of fair competition, know-how, secrecy protected by law or on basis of the undertaking, may notify the Seller of a potential breach.
2. The Seller notified about the potential infringement, takes immediate action to remove the content causing the violation from the Store Website.
§ 13 Protection of personal data
§ 14 Termination of the contract (does not concern Sales Agreements)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned contract and provisions below.
2. The Customer who has made the Registration terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, enabling the Seller to read the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.
§ 15 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in case of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to deal with disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection. The seller informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of a message sent by e-mail containing a reference to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Regulations.