TERMS AND CONDITIONS OF THE ONLINE STORE

www.pronails.sklep.pl

Version of 1.4.2020

TABLE OF CONTENTS:

1. General provisions

2. Electronic services in the Online Store

3. Conditions for concluding a Sales Agreement

4. Methods and terms of payment for the product

5. Cost, methods and date of delivery and receipt of the product

6. Product warranty and complaints

7. Out-of-court complaint consideration and redress methods and rules of access to these procedures

8. The right to withdraw from the contract

9. Provisions regarding entrepreneurs

10. Information on data processing

11. Final provisions

12. MODEL FORM OF WITHDRAWAL FROM THE CONTRACT

The www.pronails.sklep.pl Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1. 1. The Online Store available at www.pronails.sklep.pl is run by BEAUTIFULL STORY SP. Z OO, entered into the National Court Register under the number 0000749343, having: the address of the registered office: ul.Głębocka 94/196, 03-287 Warsaw, NIP 524-287-35-79, REGON 381338548, business address and delivery address: ul. Głębocka 94/196, 03-287 Warsaw, e-mail address: office@beautifullstory.pl and contact phone number: 72 72 73 303.

1.2.  These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or only to entrepreneurs.

1.3.  The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and amend it.

1.4.       Definitions:

1.4.1.       WORKING DAY – one day from Monday to Friday, excluding public holidays.

1.4.2.       REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.4.3.       ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4.       CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

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

1.4.6.       ACCOUNT – Electronic Service, a collection of resources marked with the individual name (login) and password provided by the Service Recipient in the Service Provider’s IT system, in which the data provided by the Service Recipient and information about his Orders in the Online Store are collected.

1.4.7.       NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

1.4.8.       PRODUCT – a movable item or service available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

1.4.9. ENTREPRENEUR – a legal entity that conducts business or professional activity on its own behalf.

1.4.10.       REGULATIONS – these regulations of the Online Store.

1.4.11.    ONLINE STORE – the Service Provider’s online store available at the Internet address: www.pronails.sklep.pl.

1.4.12.    DEALER; SERVICE PROVIDER – BEAUTIFULL STORY SP. Z OO, entered into the National Court Register under the number 0000749343, having: registered office address: Głębocka street 94/196, 03-287 Warsaw, NIP 524-287-35-79, REGON 381338548, business address and delivery address: ul. Głębocka 94/196, 03-287 Warsaw, e-mail address: office@beautifullstory.pl and contact phone number: 72 72 73 303.

1.4.13.    SALE AGREEMENT – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

1.4.14.    ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.

1.4.15.    SERVICE USER – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; – using or intending to use the Electronic Service.

1.4.16.    CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)

1.4.17.    ORDER – Customer’s declaration of intent submitted via the Order Form and directly aiming at concluding the Product Sales Agreement with the Seller.

Beautifull Story Sp. z o.o. reserves the right to modify these Regulations at any time, with the version of the Regulations that the Buyer has accepted by placing the order applicable to a specific Order.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.       The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

2.1.1.       Account – the use of the Account is possible after completing a total of two consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient’s data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password.

In the case of Entrepreneurs, it is also necessary to provide the company name and tax identification number. After verification of this data by the Seller, the account is activated and allows making a purchase.

2.1.1.1.       The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@beautifullstory.pl or in writing to the address: Głębocka Street 94 / 196, 03-287 Warsaw.

2.1.2.       Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) after completing the Order Form and (2) clicking on the ‘Confirm Purchase’ field on the Online Store website after completing the Order Form – up to this moment it is possible to modify the entered data (including destination should be guided by the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of Product (s), place and method of delivery of the Product (s), method of payment.

In the case of Entrepreneurs, it is also necessary to provide the company name and tax identification number. After verification of this data by the Seller, the account is activated and allows making a purchase.

2.1.2.1.       The Electronic Order Form service is provided free of charge and is of a one-off nature and is terminated when the Order is placed via it or when the Customer ceases to place the Order through it.

2.2.       Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) enabling cookies and Javascript support in the web browser.

2.3.       The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.

2.4.       Complaint procedure:

2.4.1.       Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in point 6 of the Regulations) The Service Recipient may submit, for example:

• in writing to the following address: Głębocka Street 94/196, 03-287 Warsaw
• in electronic form via e-mail to the following address: office@beautifullstory.pl;

2.4.4.       It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.5.       The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.

3.    CONDITIONS FOR CONCLUDING THE SALES CONTRACT

3.1.       The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2.       The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when the amount of these charges cannot be determined – the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

3.3.       The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1.       Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.3.2.       After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Seller an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which contains at least:

• Seller’s statement on receipt of the Order and its acceptance for execution

• confirmation of the conclusion of the Sales Agreement.

The Sales Agreement is concluded when the Customer receives an e-mail containing information that the order

has been COMPLETED.

In the event that the Seller, for reasons not dependent on each other, is not able to process the order – he will also inform the Customer about this fact by e-mail. Such reasons may include, for example, a product defect discovered at the time of checking availability, which the Seller did not previously know, or the lack of product availability.

In this case, the Agreement is not concluded!

3.4.       Consolidation, protection and making available to the Customer the content of the concluded Sales Agreement is made by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4.    METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1.       The Seller provides the Customer with the following payment methods under the Sales Agreement:

• Payment in cash on delivery on delivery.
• Payment in cash and by card on personal pickup.
• Electronic payments and card payments via the Dotpay.pl website – the current payment methods are available on the Online Store’s website in the information tab on payment methods and on the website http://www.dotpay.pl/.

4.1.3.1.       Settlements of electronic payments and payment cards are carried out in accordance with the Customer’s choice via Dotpay.pl. Electronic payments and payment cards are managed by:

Dotpay.pl – DOTPAY S.A. company with its registered office in Kraków, at ul. Wielickiej 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the register of entrepreneurs under the number KRS 0000296790, kept by the District Court Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with a share capital of PLN 4,000,000.00, capital paid up PLN 4,000,000.00.

4.2.       Date of payment:

• If the Customer chooses electronic payment or payment by card, the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement.
• In the absence of payment within 3 days, the order will be canceled by the Seller.
• If the Customer chooses cash payment on delivery on delivery or cash payment on personal pickup, the Customer is obliged to make the payment on delivery.

5.    COST, METHODS AND DELIVERY TIME AND PRODUCT RECEIPT

5.1.       Product delivery is available on the territory of the Republic of Poland or in the case of on-line courses in an unlimited area (using the Internet network).

5.2.       Delivery of the Product to the Customer is payable up to PLN 300 gross, unless the Sales Agreement provides otherwise.

Product delivery costs (including transport and delivery fees) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

5.2.1. Product delivery to the customer is free for purchases over PLN 300 gross.

5.2.2. Product delivery with the option of payment on delivery (collection) is possible up to PLN 500 gross.

5.3.       The Seller provides the Customer with the following methods of delivery or collection of the Product:

• Courier delivery, cash on delivery, personal pickup.

5.4.       The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 5 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:

• If the Customer chooses the method of electronic payment or by payment card – from the date of crediting the Seller’s bank account or settlement account.
• If the Customer chooses the method of payment in cash on delivery – from the date of the Sale Agreement.

5.5.       Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 1 Business Day, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which, however, may not exceed 1 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness for receipt of the Product by the Customer counts as follows:

• If the Customer chooses the method of electronic payment or by payment card – from the date of crediting the Seller’s bank account or settlement account.
• If the Customer chooses the method of cash on delivery – from the date of the Sale Agreement.

5.6. If the delay in delivery is due to reasons attributable to the Buyer, the Recipient of the Order or the carrier, then the Buyer has no right to withdraw from the contract for failure to meet the deadline and to pursue claims for the same reason.

5.7. The buyer or recipient of the order should check the condition of the package and products upon delivery.

5.7.1. In the case of a package whose irregularities will be found in the presence of the Courier, the Customer should:

• refuse to accept the parcel and immediately submit all reservations regarding the irregularity found in a clear and detailed manner. These reservations should be written by the Buyer or the Recipient of the Order on a document signed by the Courier
• refusal of receipt to report by phone 72 72 73 303 or by e-mail at the address: office@beautifullstory.pl
• to the extent possible, document damage to the parcel or products in the photo.

5.8. Types of sales carried out in the online store

1. Store -> individual customer in Poland
2. Store -> a company in Poland
3. Store -> individual customer outside of Poland
4. Store -> a company within the EU
5. Store -> company outside the EU

5.9. Types of documents issued for sale in the Store

Depending on the type of purchase (product or online course), the customer receives the appropriate sales document:

• In the case of goods, these are originals of fiscal receipts or FV sent by e-mail or together with the goods.
• For online courses, the customer’s document is a personal invoice sent by email. Fiscal receipts are kept at the company’s headquarters.

6.    PRODUCT WARRANTY AND COMPLAINTS

6.1 The basis and scope of the Seller’s liability to the Customer, if the Product sold has a physical or legal defect (warranty) are set out in generally applicable law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller’s liability to the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are determined by generally applicable law, in particular by law of July 27, 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).

6.2.       The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the complaint information tab.

6.3.       The complaint may be submitted by the Customer, for example:

• in writing to the address: Głębocka Street 94/196, 03-287 Warsaw;
• in electronic form via e-mail to the following address: office@beautifullstory.pl

6.4.       It is recommended that the customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sale Agreement or a statement on price reduction or withdrawal from the Sale Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5.       The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer demanded replacement of the item or removal of the defect or made a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified .

6.6.       The customer who exercises the rights under the warranty is obliged to deliver the defective product to the following address: Głębocka Street 94/196, 03-287 Warsaw. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the way it was installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

6.7.       The Seller shall not be liable if the Product was stored improperly or used in a manner inconsistent with its purpose and properties and in the event of damage as a result of failure to comply with the Customer’s instructions and instructions of the manufacturer or Seller related to the use of the Product. In particular, at trade shows organized by the seller, industry events and social networking sites.

6.8. Complaints regarding the provision of electronic services:

• The Customer may file a complaint to the Seller in connection with the functioning of the Store and the use of Services. Complaints can be submitted in writing to the following address: Głębocka 94/196, 03-287 Warsaw, to the e-mail address: office@beautifullstory.pl or using the contact form.
• In the complaint, the Customer should provide his name, correspondence address, type and description of the problem.
• The Seller undertakes to consider each complaint within 14 days, and if this was not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to complete it to the extent necessary within 7 days from the date of receipt of the call by the Customer.

7.    EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1.       Detailed information on the possibility for the Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules for accessing these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2.       There is also a contact point at the President of the Office for Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or in writing: Plac Powstańców Warszawy 1, 00-950 Warsaw), whose task is between other assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.

7.3.       The consumer has the following examples of possibilities to use extrajudicial means of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (for more information please visit: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail atady@dlakonsumentow.pl and at the customer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the tariff)

7.4.       At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the platform’s website or at the Office of Competition and Consumer Protection’s website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.    RIGHT TO WITHDRAW FROM THE CONTRACT

8.1.       A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations (i.e. the cheapest delivery option).

To meet the deadline, it is necessary to provide the Seller with a statement of withdrawal from the contract together with the original proof of purchase. A statement of withdrawal from the contract can be made, for example:

• in writing to the address: Głębocka Street 94/196, 03-287 Warsaw;
• in electronic form via e-mail to the following address: office@beautifullstory.pl

8.2.       A sample model withdrawal form is available in point 11 of the Regulations and on the Online Store website in the tab regarding withdrawal from the contract. The consumer may use the template form, but it is not mandatory.

8.3.       The deadline to withdraw from the contract begins:

8.3.1.       for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) consist in regular delivery of Products for a limited period of time – from taking possession of the first of the Products;

8.3.2.       for other contracts – from the date of the contract

8.4.       In the event of withdrawal from a distance contract, the contract is considered void.

8.5.       The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs arising from the method of delivery chosen by the consumer other than the cheapest regular delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back.

8.6.    The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, the Product must be returned. The consumer may return the Product to the following address: Głębocka Street 94/196, 03-287 Warsaw;

8.7.       The consumer is responsible for reducing 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 Product. Otherwise, the Product must be delivered intact.

8.8.       Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

• If the consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.8.2.       The consumer bears the direct cost of returning the Product.

8.8.3.       In the case of a Product which is a service whose performance – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is required to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9.       The right to withdraw from a distance contract is not entitled to the consumer in respect of contracts:

• for the provision of services, if the Seller has performed the service in full with the express consent of the consumer who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract;
• in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;
• in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
• in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
• in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery
• in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things;
• in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
• in which the consumer explicitly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products;
• in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

• for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;

• concluded through a public auction;

• for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
• for the delivery of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.

The right to withdraw from the sales contract cannot be used for goods delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.

This applies, among others, to files, swabs, polishing pads, sticks, shapers, staplers, towels, sold in our online store.

9.    PROVISIONS CONCERNING ENTREPRENEURS

9.1.       This section of the Regulations and the provisions contained herein apply only to Customers and Service Users who are not consumers (also called Entrepreneurs).

9.1.1. If the entrepreneur has a Product delivery address other than the invoice address – he is obliged to provide such information to the Seller.

9.2.       The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3.       In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4.       When the Seller releases the Product to the carrier, the non-consumer Customer receives the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer, and for delay in the shipment.

9.5.       If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.

9.6.       In accordance with art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

9.7.       In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.

9.8.       The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient / Customer who is not a consumer.

9.9.       All disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.

10. INFORMATION ON THE PROCESSING OF DATA

• The rules for the protection of Personal Data are contained in the Privacy Policy.
• The administrator of personal data is BEAUTIFULL STORY SP Z O.O, ul.Głębocka 94/196, 03-287 Warsaw, NIP 524-287-35-79, REGON 381338548, e-mail: office@beautifullstory.pl
• In matters related to your data, please contact BEAUTIFULL STORY SP Z O.O, Głębocka Street 94/196, 03-287 Warsaw, NIP 524-287-35-79, REGON 381338548, e-mail: office@beautifullstory.pl
• The data will be processed in order to process orders, as described in detail in the Privacy Policy.
• You have the right to access your personal data, rectify it, delete it or limit processing.
• You have the right to lodge a complaint with the supervisory body (Office of the Inspector General for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw).

11. FINAL PROVISIONS

11.1.     Agreements concluded via the Online Store are concluded in Polish or in English (in the case of customers using the platform in English).

11.2.     Change of Regulations:

• The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

11.2.2.    In the event of conclusion of continuous contracts pursuant to these Regulations (e.g. provision of Electronic Services – Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.

11.2.3.    In the case of conclusion of contracts other than continuous contracts based on these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way affect the acquired rights of Customers / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will not have impact on already placed or submitted Orders and concluded, implemented or executed Sales Agreements.

11.3.     In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with customers who are consumers – the provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 from as amended) and the Act on specific conditions of consumer sales and amendment to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.

12. MODEL WITHDRAWAL FROM THE CONTRACT