Terms of Service

TERMS AND CONDITIONS OF THE ONLINE STORE - AESTHETIC AVENUE LIMITED LIABILITY COMPANY

The Online Store www.aestheticavenue.pl respects consumer rights. A Consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the Consumer than the provisions of the Consumer Rights Act are invalid and shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any possible doubts should be interpreted in favor of the Consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above regulations, those regulations shall prevail and be applied.

§ 1 GENERAL PROVISIONS

  1. The administrator of personal data provided by the Buyer while using the Store is the Seller.
  2. The Buyer's personal data is processed on the basis of a contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding data processing by the Seller is included in the privacy policy available in the Store.
  3. The Online Store available at www.aestheticavenue.pl is operated by the entrepreneur AESTHETIC AVENUE LIMITED LIABILITY COMPANY with its registered office in Warsaw at ul. Kowieńska 22/147, 03-438 Warsaw, entered into the National Court Register of Entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 14th Commercial Division of the National Court Register under KRS number 0001172749, NIP: 5243039648, REGON: 54172674900000, share capital: PLN 5,000.00.
  4. For the proper functioning of the Online Store, a device with Internet access and a web browser supporting JavaScript and cookies is required.
  5. To place an order in the Store, apart from the requirements specified in item 4, an active email account and a contact phone number are required.
  6. The Online Store is operated using the Shopify ecommerce platform provided by Shopify International Limited with its registered office in Ireland.

§ 2 DEFINITIONS

  1. Business days mean days from Monday to Friday excluding public holidays.
  2. Account means a Digital Service, a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, in which the data provided by the Service User and information on Orders placed by them in the Online Store are stored.
  3. Consumer means, pursuant to Article 22(1) of the Act of 23 April 1964, the Civil Code, a Client who, as a natural person, performs a legal act not directly related to their business or professional activity. For the purposes of these Terms and Conditions, Consumers also include sole traders entering into sales agreements that are not of a professional nature for them, resulting from the subject of their business activity disclosed in CEIDG (PKD code).
  4. Buyer means any entity purchasing in the Store.
  5. Product means goods available in the Online Store which are the subject of a Sales Agreement between the Client and the Seller.
  6. Terms and Conditions mean these terms and conditions.
  7. Sales Agreement means a sales agreement for a Product concluded or entered into between the Client and the Seller via the Online Store.
  8. Store means the AESTHETIC AVENUE Sp. z o.o. online store operated by the Seller at www.aestheticavenue.pl.
  9. Seller means AESTHETIC AVENUE LIMITED LIABILITY COMPANY with its registered office in Warsaw at ul. Kowieńska 22/147, 03-438 Warsaw, entered into the National Court Register under KRS number 0001172749, NIP: 5243039648, REGON: 54172674900000, share capital: PLN 5,000.00.
  10. Consumer Rights Act means the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
  11. Order means a declaration of intent by the Client submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

§ 3 CONTACT WITH THE SELLER

  1. Postal address: ul. Kowieńska 22/147, 03-348 Warsaw
  2. Email address: sklepaestheticavenue@gmail.com
  3. Phone number: +48 786 232 399
  4. Return address in the event of withdrawal from the agreement: ul. Kowieńska 22/147, 03-348 Warsaw
  5. Address for sending complained goods: ul. Kowieńska 22/147, 03-348 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 practices, with respect for personal rights as well as copyrights and intellectual property rights of the Seller and third parties. The Service User is obliged to provide data consistent with the actual state of affairs. The Service User is prohibited from providing unlawful content.
  2. The Products available in the Store are intended for use by professional entities and individuals. By deciding to make a purchase, the Buyer declares that they are a physician or cosmetologist trained in aesthetic medicine, who knows the purpose of the purchased products and how to use them correctly.
  3. The prices of goods visible in the Store are total prices including VAT.
  4. The Seller points out that the total price of the order consists of the price of the goods and, if applicable, the costs of delivery.
  5. The selected product should be added to the shopping cart in the Store.
  6. Next, the Buyer selects the delivery method and payment method and provides the data necessary to complete the order.
  7. The order is placed when its content is confirmed and the Terms and Conditions are accepted by the Buyer.
  8. The Sales Agreement between the Seller and the Client is concluded when the Seller’s system generates an email confirming the order.
  9. Placing an order is equivalent to concluding a sales agreement between the Buyer and the Seller.
  10. The Seller will provide the Consumer with confirmation of the conclusion of the Sales Agreement on a durable medium at the latest upon delivery of the goods.
  11. The Buyer may shop using a registered customer account or without registration.
  12. The Online Store may be temporarily suspended for modernization, maintenance, or development works.
  13. The Store reserves the right to change prices, introduce new products, conduct and cancel promotions, or make changes thereto, provided that such changes do not infringe the rights of persons who concluded Sales Agreements before such changes.

§ 5 PAYMENTS

  1. The Seller provides the following payment methods:
    1. Bank transfer to the Seller’s bank account.
    2. Electronic payments and card payments via Shopify Payments.
  2. Electronic and card payments are processed via Shopify Payments, provided by Shopify International Limited with its registered office in Ireland.
  3. If the Client chooses bank transfer, electronic payment, or card payment, the payment must be made within 7 calendar days from the date of concluding the Sales Agreement.
  4. For some payment methods, payment is possible only immediately after placing the order.
  5. By making purchases, the Buyer accepts the use of electronic invoices by the Seller. The Buyer may withdraw their consent.

§ 6 ORDER FULFILLMENT

  1. The Seller is obliged to deliver goods free from defects.
  2. Orders are shipped within up to 3 business days.
  3. If advance payment is selected, order fulfillment begins after payment is received.
  4. If an order includes products with different fulfillment times, it will be completed according to the longest time.
  5. Goods are delivered within Poland and abroad.
  6. Delivery methods include:
    • Courier delivery.
    • Personal collection.
  7. Orders can be placed 24 hours a day throughout the year.
  8. If part of the order cannot be fulfilled, the Store may propose cancellation, partial fulfillment, substitute performance, or order division.
  9. If fulfillment is impossible, the Client will be informed within 3 days.
  10. Refunds for unfulfilled orders will be made within 14 days.
  11. The Store is not responsible for delivery issues caused by incorrect address data provided by the Client.

SHIPPING OUTSIDE POLAND

  1. Prices shown include Polish VAT unless otherwise stated.
  2. EU customers subject to intra Community acquisition are charged net prices.
  3. EU customers not subject to intra Community acquisition are charged VAT applicable in the destination country.
  4. Non EU customers with delivery within the EU are charged VAT applicable in the destination country.
  5. Non EU customers with delivery outside the EU are charged net prices.
  6. Orders await payment for 7 business days after which they are canceled.
  7. Air shipment costs are calculated individually.

§ 7 OUT OF COURT COMPLAINT HANDLING AND CLAIMS

  1. Information on alternative dispute resolution is available on the website of the Office of Competition and Consumer Protection.
  2. A contact point operates at the President of the Office of Competition and Consumer Protection.
  3. Consumers may use consumer courts, Trade Inspection, or consumer organizations.
  4. The EU ODR platform is available for online dispute resolution.

§ 8 RIGHT OF WITHDRAWAL

  1. The Consumer has the right to withdraw from the agreement within 14 days without giving reasons.
  2. The withdrawal period expires 14 days after taking possession of the goods.
  3. The Consumer must inform the Seller of the withdrawal decision.
  4. The Consumer may use the withdrawal form template.
  5. Sending the notice before the deadline is sufficient.

EFFECTS OF WITHDRAWAL

  1. The Seller refunds all payments within 14 days.
  2. Refunds are made using the same payment method.
  3. Refunds are processed after the goods are returned and inspected.
  4. The Consumer must return the goods within 14 days.
  5. The Consumer bears the direct cost of return.
  6. The Consumer is liable for diminished value due to improper use.
  7. If return by post is not possible, additional costs apply.

§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal does not apply to:
    1. Custom made goods.
    2. Perishable goods and OUTLET products.
    3. Sealed goods opened after delivery for health or hygiene reasons.
    4. Goods inseparably connected with other goods.
    5. Products sold as part of a package.

§ 10 COMPLAINTS

  1. Damage or shortages must be reported within 7 days.
  2. Complaints may be submitted under warranty or guarantee.
  3. The Buyer may request price reduction, withdrawal, replacement, or repair.
  4. Complaints should be submitted to the Seller’s address.
  5. Defective goods must be delivered to the Seller.
  6. Guarantee details are available in product descriptions.
  7. Store operation complaints should be sent by email.
  8. Complaints are processed within 14 days.
  9. Recommended complaint details include product name, order number, defect description, and evidence.
  10. The Consumer will be informed of the outcome within 14 days.

§ 11 DISCLAIMERS

  1. It is prohibited to provide unlawful content.
  2. The Store website constitutes an invitation to submit offers.
  3. Each order confirmation constitutes a separate sales agreement.
  4. Agreements are concluded in Polish.
  5. Nothing in these Terms limits consumer rights.

§ 12 PROVISIONS FOR NON CONSUMERS

  1. The right of withdrawal does not apply to non Consumers.
  2. The Seller’s liability toward non Consumers is excluded.
  3. The court competent for disputes is the court of the Seller’s registered office.
  4. Polish law and EU law apply, including GDPR.

Appendix No. 1 Withdrawal Form Template

This form may be used but is not mandatory.

Withdrawal Form

(complete and return only if you wish to withdraw)

Return address:
AESTHETIC AVENUE Sp. z o.o.
ul. Kowieńska 22/147, 03-438 Warsaw
Email: sklepaestheticavenue@gmail.com

I/We hereby inform of my/our withdrawal from the sales agreement.

Date of agreement or receipt ………………………………………

Name of Consumer ………………………………………

Address of Consumer ………………………………………

Bank account number ………………………………………

Signature (if paper form) ………………………………………

Date ………………………………………

(*) Delete as applicable.