Store Regulations

The online store www.aestheticavenue.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

§ 1 GENERAL PROVISIONS

  1. The administrator of the personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its execution, in accordance with the principles set forth in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy posted on the Store.
  3. The Internet Shop available at the Internet address www.aestheticavenue.pl, and is operated by the entrepreneur – AESTHETIC AVENUE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw at ul. Kowieńska 22/147, 03-438 Warsaw, entered in the National Court Register – Register of Entrepreneurs by the REGISTRAR’S COURT FOR THE M.ST. OF WARSAW under the number KRS www.aestheticavenue.pl. WARSAW IN WARSAW, XIV ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER under the number KRS 0001172749, NIP: 5243039648, REGON: 54172674900000, share capital: PLN 5,000.00.
  4. For proper operation of the Online Store you need a device with Internet access and a web browser that supports JavaScript and cookies.
  5. For placing an order in the Store, in addition to the requirements specified in paragraph 4, an active e-mail account and a contact phone are necessary.

§ 2 DEFINITIONS

  1. Working days – days from Monday to Friday except for public holidays.
  2. Account – Digital Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about the Orders placed by him/her in the Online Store are collected.
  3. Consumer – in accordance with Article 22 (1) of the Act of April 23, 1964 of the Civil Code – a customer who, as a natural person, makes a legal transaction not directly related to his/her business or professional activity. Consumers, within the meaning of these Regulations, are also entrepreneurs running a sole proprietorship, concluding sales contracts not of a professional nature for them, arising from the subject of their business activities, made available on the basis of CEIDG regulations (PKD code);
  4. Buyer – any entity Buyer in the Store.
  5. Product – goods available in the Online Store that are the subject of a Sales Contract between the Customer and the Seller.
  6. Regulations – these rules and regulations.
  7. Sales contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
  8. Store – the online store of AESTHETIC AVENUE Sp. z o. o. operated by the Seller at www.aestheticavenue.pl.
  9. Seller – AESTHETIC AVENUE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw at ul. Kowieńska 22/147, 03-438 Warsaw, entered in the National Court Register – Register of Entrepreneurs by the REGISTERED COURT FOR THE M.ST. OF WARSAW, XIV ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER under the number KRS . WARSAW IN WARSAW, XIV ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER under the number KRS 0001172749, NIP: 5243039648, REGON: 54172674900000, share capital: PLN 5,000.00.
  10. Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
  11. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

§ 3 CONTACTING THE SELLER

  1. Postal address: 22/147 Kowieńska St., 03-438 Warsaw
  2. E-mail address: [email protected]
  3. Phone: +48 786 232 399
  4. Address to return the goods (in case of withdrawal from the contract): 22/147 Kowieńska Street, 03-438 Warsaw.
  5. Address for sending the advertised goods: 22/147 Kowieńska Street, 03-438 Warsaw.

§ 4 SHOPPING IN THE STORE

  1. The Buyer is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property of the Seller and third parties. The recipient is obliged to enter data consistent with the facts. The Client is obliged to prohibit the provision of unlawful content.
  2. Products in the store are intended for use by entities and professional persons. The buyer, deciding to purchase, declares that he is a doctor or cosmetologist trained in aesthetic medicine, who knows the purpose of the products purchased and how to use them correctly.
  3. The prices of goods shown in the Store are the total prices for the goods, including VAT.
  4. The Seller notes that the total price of an order consists of the price for the goods indicated in the Store and, if applicable, the delivery costs of the goods.
  5. The goods selected for purchase should be added to the shopping cart in the Store.
  6. Then the Buyer selects from the available in the Store: the method of delivery of goods and the method of payment for the order, as well as provides the data necessary to complete the order placed.
  7. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  8. The contract of sale between the Seller and the Customer is concluded when an e-mail message is generated by the Seller’s system confirming the order.
  9. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
  10. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
  11. Buyers can make purchases in the store with a registered customer account or without prior registration.
  12. It is permissible to temporarily suspend the operation of the Online Store for the purpose of performing modernization, maintenance and development work.
  13. The Online Store reserves the right to change prices of goods in the Store, to introduce new ones for sale, to carry out and cancel promotional actions, or to introduce changes in them in accordance with the provisions of the Civil Code and other applicable laws, while such changes do not affect the rights of persons who have concluded Sales Agreements for products offered by the Online Store before the aforementioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its rules and during its duration.

§ 5 PAYMENTS

  1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:
    • Payment by bank transfer to the Seller’s bank account.
    • Electronic payments and payment card payments via PayU – the possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the PayU website.
  2. Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice through PayU service. Processing of electronic payments and payment cards is carried out by:
    • PayU S.A. seated in Poznań (address: 186 Grunwaldzka St., 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000274399, share capital PLN 7,789,000.00 fully paid up, NIP 779-23-08-495, REGON 300523444, a national payment institution supervised by the Polish Financial Supervision Authority.
  3. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
  4. The seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
  5. By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
  6. Discount vouchers and promotional codes have a validity period specified each time by the Seller. Information about the validity period is provided to the Customer together with the voucher or promotional code

§ 6 ORDER EXECUTION

  1. The seller is obliged to deliver goods without defects.
  2. Shipping of the order takes place up to 3 business days.
  3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order once it has been paid.
  4. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
  5. Goods are delivered on the territory of the Republic of Poland and foreign countries.
  6. Goods purchased from the Store are delivered depending on which delivery method the Buyer has chosen:
    • Shipment via courier company (Seller stipulates that it is not responsible for delays in delivery caused by the courier company).
    • Personal collection
  7. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and holidays will be processed from the morning of the next business day.
  8. In the event that it is not possible to fulfill part of the Order, the Online Store may offer the Customer.
    • Cancellation of the Order in its entirety (if the Customer chooses this option, the Online Store will be relieved of its obligation to process the Order);
    • Cancellation of the Order in the part in which fulfillment is not possible within the prescribed period (if the Customer chooses this option, the Order will be fulfilled in part, with the Store being released from the obligation to fulfill it to the remaining extent);
    • Realization of the substitute benefit, which will be confirmed with the Customer. The order on the basis of the substitute benefit, once approved by the Customer, will be treated as final;
    • Splitting of the Order and setting a new completion date for that part of the Order, the completion of which is not possible within the originally set deadline (if the Customer chooses this option, the shipment of the Products comprising the Order will be made in several separate shipments, and the Customer will not incur additional costs associated with splitting the Order into several shipments).
  9. If the Online Store does not have the ordered product in stock or if it is not possible to fulfill the Customer’s order for other reasons, the Online Store will inform the Customer by sending information to the e-mail address provided during registration or by phone within 3 days from the date of concluding the Sales Agreement.
  10. If payment for the subject of the Order, which could not be fulfilled in whole or in part, was made in advance, the Online Store shall refund the Customer the amount paid (or the difference) within 14 (fourteen) days from the date of sending the information. In justified cases, it is permissible for the settlement between the Seller and the Customer to also take place through payments made to the bank account of the Seller or the Customer, respectively.
  11. If the Customer provides erroneous or inaccurate data, including, in particular, an erroneous or inaccurate address, the Store shall not be liable for non-delivery or delay in delivery of the Order item. If it is agreed between the Seller and the Customer to reship the Product by the Seller.

OVERSEAS SHIPPING

  1. The prices indicated next to the Products are gross prices and, as a rule, include VAT applicable in Poland, subject to the provisions below.
  2. In the case of non-Polish customers having their registered office or place of residence in the territory of any of the European Union member states, who are obliged to settle intra-community acquisitions of goods (ITA), sales are carried out at net prices, i.e. exclusive of VAT, unless generally applicable regulations provide otherwise.
  3. In the case of non-Polish Customers having their registered office on the territory of any of the European Union member states, who are not obliged to settle the intra-Community acquisition of goods (WTD), the sale takes place taking into account the VAT rates applicable to the Products in question in the country to which the delivery of goods will take place.
  4. In the event that the Customer is located outside the European Union, however, the Goods are to be shipped to the address indicated by the Customer located within the European Union, the sale shall take place taking into account the VAT rates applicable to the Products in question in the country to which the delivery of the goods will take place.
  5. In the event that the Customer is located outside the European Union and the Goods are also to be shipped to the address indicated by the Customer located outside the European Union, the sale shall be made at net prices, i.e. excluding VAT.
  6. The order awaits payment for 7 working days. After this period, the order is automatically canceled. Cancellation of the order does not deprive the customer of the opportunity to make repeat purchases.
  7. For air shipments, the cost of transportation is priced individually depending on the country of shipment, the size and weight of the shipment. Please contact our hotline for this purpose.

§ 7 OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
  3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller’s place of business); and (3) assistance from a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator’s tariff).
  4. A platform for online dispute resolution between Consumers and Businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§ 8 RIGHT OF WITHDRAWAL

  1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 9 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawal expires after 14 days from the date:
    • In which the Consumer took possession of the goods or in which a third party other than the carrier and indicated by the Consumer took possession of the goods.
    • In which the Consumer took possession of the last of the items or in which a third party, other than the carrier and indicated by the Consumer, took possession of the last of the items in the case of a contract obliging the transfer of ownership of multiple items that are delivered separately.
  3. In order for the Consumer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
  4. The consumer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

CONSEQUENCES OF WITHDRAWAL

  1. In the case of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the cost of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
  2. The Seller will return the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with the return.
  3. Refund of payment for the goods, is made after the shipment is returned and inspected by the Seller.
  4. The Seller asks to return the goods to the address: Kowieńska 22/147 Street, 03-438 Warsaw immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  5. The consumer shall bear the direct costs of returning the goods.
  6. The consumer is liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. The estimated amount of these costs the Consumer will be informed by the Seller in the description of the goods in the Store or when placing the order.

§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer with respect to the contract:
    • In which the subject of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs.
    • In which the object of performance is an item that is perishable or has a short shelf life and an OUTLET tab
    • In which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
    • In which the object of performance is things that, after delivery, due to their nature, become inseparable from other things.
    • In which the product is part of a bundle (only the entire bundle and not individual items can be returned).

§ 10 COMPLAINTS

  1. In case of shortage or damage in the shipment, the buyer has the opportunity to report such situation within 7 days of receiving the order
  2. In the event of a defect in the goods, the Buyer has the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
  3. Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
    • Make a statement on price reduction
    • With a material defect – make a declaration of withdrawal from the contract
    • Demand that the item be replaced with a defect-free one
    • Demand removal of the defect
  4. The Seller requests that complaints on the basis of warranty be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  5. If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver these goods, in the case of a Consumer at the expense of the Seller, to the address Kowieńska 22/147, 03-438 Warsaw.
  6. If the goods are additionally covered by a warranty, information about it, as well as its conditions, is available in the product description in the Store.
  7. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
  8. The Seller will consider the complaint within 14 days.
  9. In order to facilitate the processing of the complaint, the Seller recommends that the Consumer’s complaint notification include the following information:
    • Name or surname of the Consumer or Entrepreneur
    • Product Name;
    • The date of acquisition of the Product;
    • order number;
    • A detailed description of the Product defect;
    • the moment the Product defect arises,
    • contact information;
    • pictures or recordings of the product with the batch number visible;
  10. whereby the requirements stated above are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
  11. When it is necessary to assess the existence of a defect in the Product at the same time as filing a defect report, the Product under complaint should be delivered to the Seller’s office at the following mailing address
  12. The Consumer will be informed by the Seller about the manner of processing the complaint within 14 days counted from the date of receipt by the Seller of information about the complaint. The Consumer or Entrepreneur on Consumer Rights shall be informed about the processing of the complaint by e-mail, telephone or in writing.

§ 11 RESERVATIONS

  1. It is prohibited for the Buyer to provide unlawful content.
  2. The Store’s website does not constitute an offer within the meaning of the Civil Code, but an invitation to make offers. By ordering goods, the Customer makes an offer to conclude a contract. After placing an order, the Customer will immediately receive an automatically generated message to the e-mail address provided, confirming receipt of the order by the Store. The conclusion of the contract of sale occurs with the receipt of an e-mail message from the Store informing that the order has been accepted for processing. This message is equivalent to the Seller’s acceptance of the offer made by the Customer
  3. Each time you receive an order confirmation e-mail from the Store, it constitutes a separate sales contract. The contract is concluded for the time and for the purpose of fulfilling the order.
  4. Contracts concluded under these Regulations shall be concluded in the Polish language.
  5. None of the provisions of these Regulations exclude or in any way limit the rights of the Consumer under the law.

§ 12 PROVISIONS CONCERNING BUYERS
WHO ARE NOT CONSUMERS

  1. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer.
  2. Any liability of the Seller to a Buyer who is not a Consumer is excluded.
  3. In case of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.
  4. In matters not regulated by the Rules and Regulations, the provisions of the Civil Code and relevant laws of Poland, as well as the laws of the European Union, in particular RODO (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC) shall apply.
  5. Appendix No. 1 to the Regulations – Model withdrawal form The following is a model withdrawal form, which the Consumer may or may not use: