Terms and conditions
§1 General Provisions
1.1. This regulation governs the rules for using the online store operated at www.art-pmu.pl.
1.2. The online store, operating at www.art-pmu.pl (hereinafter referred to as the “Online Store”), is run by the company Art Permanent Make Up Paulina Eliasz, Tax Identification Number (NIP): 6762378941, National Business Registry Number (REGON): 242705003 (hereinafter referred to as “ARTPMU”).
1.3. Contact details of the entrepreneur enabling the Buyer to contact the Seller:
Mailing address: ART PMU ul. Wandy 1a 57-300 Kłodzko
Phone number and/or fax: Tel.: 577 841 006
Email addresses: art.pmu.paula.eliasz@gmail.com / klaudia.art.pmu@gmail.com
1.4. The regulations of the ArtPmu online store are continuously available on the website www.art-pmu.pl in a way that allows customers to access, reproduce, and store its content. The regulations are also provided to customers before entering into an agreement.
§2 Definitions The terms used in this regulation shall mean:
2.1. Consumer – a natural person within the meaning of Article 221 of the Civil Code,
2.2. Entrepreneur as a consumer – a natural person concluding an agreement directly related to their economic activity, when the content of this agreement indicates that it does not have a professional nature for this person, resulting in particular from the subject of their economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity,
2.3. Entrepreneur – means a natural person, legal person, or an organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity,
2.4. Service Provider/Seller – ART PERMANENT MAKE UP PAULINA ELIASZ
2.5. Online Store – an online store operated at WWW.ART-PMU.PL
2.6. Civil Code – the Act of April 23, 1964 (Journal of Laws of 2020, item 1740),
2.7. Goods and Services – all services provided and goods that are the subject of a sales contract between the seller and the buyer,
2.8. Regulations – this regulation on the provision of electronic services within the meaning of Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344),
2.9. Customer/Buyer – a natural person, legal person, or an organizational unit without legal personality, to whom specific provisions grant legal capacity, making or planning to make an Order within the Online Store using electronic means, including a Consumer, Entrepreneur as a consumer, and an Entrepreneur,
2.10. Order – the Customer’s statement of intent, in which the Customer accepts the seller’s sales offer, which includes, in particular, the price, type, quantity of Goods, or Services within the sales contract concluded through the online store.
2.11. Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2020, item 287).
§3 Rules for using the online store:
3.1. The prices of all offered Goods and Services by the Store are gross prices (including VAT) and are expressed in Polish zlotys. Deviations from the Polish currency principle are clearly indicated.
3.2. The prices displayed on the store’s website, as well as descriptions of Goods and Services, are only commercial information and not an offer within the meaning of the Civil Code. They become binding – for the purpose of concluding a specific contract – only upon confirmation of the order acceptance by the Seller.
3.3. The Seller uses discount codes in the Online Store, which entitle to purchase Goods with a discount specified on the coupon. Discount codes cannot be exchanged for cash equivalents.
3.4. To place an order in the online store, acceptance of this Regulation is necessary. Making a purchase is equivalent to accepting the regulations.
3.5. To effectively place an order in the Online Store, it is necessary to have a device with Internet access that allows browsing websites, as well as a keyboard or other device enabling correct completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.6. The Online Store website uses Responsive Web Design (RWD) technology, which adjusts the content of the page to the device on which it is displayed. The Store’s website is prepared to be displayed on both desktop computers and mobile devices.
3.7. The Online Store website www.art-pmu.pl has an SSL certificate – a secure communication encryption protocol.
§4 Conditions for concluding a sales contract
4.1. Orders in the online store can be placed by completing appropriate forms available on the store’s pages.
4.2. When placing an order, the Customer is obliged to provide correct personal data: first name and last name, address of residence, email address, and mobile phone number. If the delivery address differs from the address of residence or business activity, the customer should enter the correct address for delivery.
4.3. After receiving the order, the Seller confirms its receipt and informs the Buyer about accepting the Order for execution. Confirmation of the order and acceptance of the contract for execution is made by sending a relevant e-mail to the Buyer’s email address provided during registration or when placing an Order. Upon confirmation of the order acceptance by the Seller, the contract is considered concluded.
4.4. The content of the sales contract is made available and stored by providing this Regulation on the Online Store’s website and by sending relevant information to the Customer’s email address provided when placing the order as mentioned in §4 point 4.2.
4.5. Placing orders in the Online Store is possible 24 hours a day, every day of the year.
§5 Payment method and payment deadline
5.1. In the ArtPmu store, there are several available payment methods:
– Bank transfer to the Seller’s bank account,
– Cash on delivery,
– Cash payment upon personal pickup,
– Payment via external payment service providers.
5.2. After placing an order, the Customer receives via email the bank account number to which the appropriate amount should be transferred. The order will be processed after the payment is credited to the store’s bank account. To expedite order processing, the Customer can send a payment confirmation to the email address art.pmu.paula.eliasz@gmail.com.
5.3. The online store allows payments to be made using the installment system PAYPAL and leasing + Mediraty. Detailed information about the entities providing these services is available on the website www.art-pmu.pl.
5.4. The online store enables payment through the following external electronic payment services:
– Tpay.com
– DotPay
– PayU
– Paypal
– Przelewy24
– Leasing and installment systems.
5.5. The Customer is obligated to make the payment using one of the above-mentioned methods within 7 calendar days from the date of placing the order.
5.6. In the case of choosing cash on delivery as the payment method, the Customer is required to make the payment upon receiving the shipment.
§6 Delivery
6.1. The ordered goods are delivered both within the territory of the Republic of Poland and abroad (different shipping costs apply for international deliveries, as informed to the Customer). Delivery is made to the address specified by the Customer in the order form.
6.2. The shipping time for goods is indicated on the online store’s pages and is 48 hours (working days). The Seller will make every effort to ensure that the delivery of the goods takes place as quickly as possible. In case of impossibility to deliver the goods within the specified time, the Buyer will be promptly notified by phone or email.
6.3. The delivery of the ordered Goods is carried out through the following carriers:
– DHL Parcel
– UPS
– GLS
– Kurier InPost
– Kurier DPD
– Kurier InPost.
6.4. Upon handing over the goods to the courier company, the Buyer is notified of this fact by sending an email to the address provided in the order.
6.5. The Customer may also personally collect the ordered goods at the headquarters of Art. Permanent Make Up ul.Wandy 1a 57-300 Kłodzko. In the case of personal pickup, the Buyer incurs no delivery costs.
6.6. The costs of delivering the Goods, which are borne by the Customer in addition to the product price, are provided on the online store’s website when placing the Order.
6.7. The cost of delivering the goods, in the case of choosing cash on delivery as the payment method, is entirely covered by the Customer.
6.8. Upon receiving the goods, the Customer is obligated to confirm its receipt. From that moment, the goods become the property of the Customer.
§7 Right of Withdrawal
7.1. The Buyer, being a Consumer or a Business Customer acting as a consumer, who has entered into a distance or off-premises contract, has the right to withdraw from the concluded sales contract within 14 days from the date of receiving the goods without giving any reason.
7.2. In case of exercising the right referred to in the preceding point, the Buyer should inform the Seller by submitting a statement of withdrawal on a form provided by the Seller. The statement can be sent by mail to the address: ART PERMANENT MAKE UP UL. WANDY 1A 57300 KŁODZKKO; or by electronic means using the electronic withdrawal form sent to the Seller’s email address: art.pmu.paula.eliasz@gmail.com. Sending the statement before the deadline is sufficient to meet the withdrawal deadline. A statement of withdrawal submitted after the deadline specified in §7 point 7.1 will not have any legal effect.
7.3. The form for the statement of withdrawal is provided to the Buyer in electronic form.
7.4. If the Consumer or Business Customer acting as a consumer submits the statement of withdrawal electronically using the electronic withdrawal form, the Seller will promptly confirm the receipt of the statement of withdrawal (on a durable medium within the meaning of Article 2 point 4 of the Act of 30 May 2014 – Consumer Rights).
7.5. The cost of returning the goods, except in situations referred to in Article 33 (i.e., in situations of additional costs resulting from the Consumer’s or Business Customer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store) and Article 34(2) of the Act of 30 May 2014 – Consumer Rights, shall be borne by the Seller.
7.6. The Buyer is obliged to properly secure the returned goods to prevent damage during transport (direct cost of returning the goods – in accordance with Article 34(2) of the Act of 30 May 2014 – Consumer Rights). The Consumer or Business Customer acting as a consumer bears the direct costs of returning the goods.
7.7. The Consumer or Business Customer acting as a consumer is obligated to return the goods immediately but not later than within 14 days from the date of withdrawing from the contract. The Seller may stipulate that, in the case of withdrawal from the contract, the goods subject to return will be picked up by the Seller or a person authorized by the Seller.
7.8. If the delivered goods are incomplete or show signs of use beyond normal handling, the Seller reserves the right to refuse to accept the return or to reduce the refund amount by the value of the damaged goods.
7.9. In case of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be reimbursed to the Buyer’s bank account immediately, but no later than within 14 days from the day of receiving the Buyer’s statement of withdrawal by the Seller.
7.10. The Seller declares that the refund mentioned in §7 point 7.9 of the Regulations will be made using the same payment method used by the Buyer. In agreement with the Buyer, the Seller may establish a different method of refund that will not involve any additional costs for the Buyer.
7.11. The Seller declares that the right of withdrawal does not apply to contracts specified in Article 38 of the Act of 30 May 2014 – Consumer Rights.
7.12. By entering into the contract, the Consumer or Business Customer acting as a consumer confirms that they have read the content of these regulations, including confirmation that they have been informed about the right to withdraw from the concluded sales contract within 14 days from the date of receiving the goods.
7.13. The return of preparations, pigments, and quasi-procedural products opened by the Buyer is not subject to return.
§8 Complaints
8.1. The basis and scope of the Seller’s liability towards the Customer for the non-conformity of the Product with the Contract are determined by the universally applicable provisions of the law and the provisions of this Regulations.
8.2. The Seller is obligated to deliver a product free from defects.
8.3. In case of detecting mechanical damages that occurred during delivery or if a complaint is directed to the Seller, the Buyer should notify the Seller in writing to the company’s address or via email at the address provided. The notification should indicate the alleged defect of the goods according to the Customer’s opinion, and if possible – document the said defect, the date of its occurrence, request for a way to bring the goods into conformity with the contract in accordance with Article 560 and subsequent of the Civil Code, and provide contact details. These requirements are recommendations, and their absence does not affect the effectiveness of the complaint.
8.4. The Seller shall respond to the notification within 14 days of receiving it. Failure to respond by the Seller within the aforementioned period means that the Seller considered the complaint to be justified.
8.5. Detailed information concerning the possibility of using out-of-court complaint handling and claims enforcement procedures by a Customer who is a Consumer, as well as access to these procedures, is available at the registered offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
8.5.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
8.5.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
8.5.3. http://www.uokik.gov.pl/wazne_adresy.php.
8.6. A Customer who is a Consumer has, in particular (but not exclusively), the following exemplary possibilities of using out-of-court complaint handling and claims enforcement:
8.6.1. The Customer has the right to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended) with a request for resolution of a dispute arising from the concluded Sales Contract. The regulations on the organization and operation of permanent consumer arbitration courts are determined by the regulation of the Minister of Justice of 6 July 2017 on the determination of the regulations on the organization and operation of permanent consumer arbitration courts at the voivodship inspectorates of the trade inspection (Journal of Laws of 2017, item 1356).
8.6.2. The Customer has the right to apply to the voivodship inspector of the Trade Inspection in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended) with a request for out-of-court settlement of a dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the voivodship inspector of the Trade Inspection is available at the registered offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
8.6.3. The Customer may submit a complaint through the online ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on the forms of out-of-court settlement of disputes that may arise between entrepreneurs and Consumers.
§9 Rules for Publishing Reviews
9.1. Every buyer/customer can publish reviews about the product/service in the appropriate section on the website of the Online Store. The review should be written in the Polish language, following the rules of proper Polish grammar.
9.2. Reviews are subjective expressions of Customers. The Seller is not responsible for their content.
9.3. The buyer/customer declares that their statement does not violate applicable laws or the rights of third parties. They bear full responsibility for the statements they post in the Online Store and on social media platforms regarding the purchased products of the ArtPmu brand.
9.4. Submitted reviews are subject to verification by the Seller to check whether they contain prohibited content, such as violating applicable laws, containing forbidden content, advertisements, personal data, copyright infringements, etc.
§10 Personal Data
10.1. The Seller is the administrator of personal data.
10.2. The rules for the protection of personal data are specified in the Privacy Policy of the online store ArtPmu, available on the website.
§11 Final Provisions
11.1. The Seller reserves the right to introduce changes to this Regulation for important reasons. All changes to the Regulation come into effect at an appropriate time specified by the Seller, but not less than 7 days.
11.2. The amended Regulation binds the Buyer/Customer if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e., if they have been properly informed about the changes and have not terminated the agreement within 14 calendar days from the date of notification.
11.3. In accordance with Article 8, Section 3, Point 2, Letter b of the Act of 18.7.2002 on the provision of electronic services, the entity using the website of the online store is obligated not to publish unlawful content on this website.
11.4. In matters not regulated by this Regulation, the relevant provisions of the Civil Code and the Act of 30.5.2014 on consumer rights shall apply.
11.5. This Regulation is available at the internet address www.art-pmu.pl.
11.6. Agreements with the Seller are concluded in the Polish language.
