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Regulations for using the LuxDermaStore online store
General provisions
The owner of the LuxDermaStore online store is Maryia Belaus, conducting business under the name LuxDerma Maryia Belaus, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, with headquarters in Warsaw at ul. Jana Pawła Woronicza 33a/32, 02-640 Warsaw, NIP: 5214052244, Regon: 527427294, tel. +48 503420004, email address: info@luxdermastore.pl. The online store luxdermastore.pl conducts retail sales and cosmetic consultations via the Internet.
2. Definitions
Terms used in this document mean:
Regulations - these regulations,
Store - LuxDermaStore online store operated under the domain luxdermastore.pl,
Buyer - a natural person with full legal capacity, as well as a legal person or organizational unit without legal personality but with legal capacity, using the Store,
Consumer - a natural person entering into a legal transaction with the Store not directly related to their business or professional activity,
Goods - product or products available in the Store,
Account - Store functionality allowing the Buyer, after registration and logging in, to place orders in the Store and access personalized content such as order history or participation in the loyalty program,
Cart - Store functionality allowing the Buyer to prepare and modify an order, including selecting Goods, delivery method, delivery address, and payment method.
3. General rules for using the Store
The condition for using the Store is the acceptance of the Regulations. The Regulations are an integral part of the sales agreement concluded by the Buyer with the Store.
Prices stated in the Store are gross prices, i.e., including the applicable rate of goods and services tax.
Goods available in the Store are free from physical and legal defects. The Store is obliged to deliver defect-free goods.
These Regulations specify the rules for using the Store, including in particular the rules for:
a) creating and using an Account,
b) placing orders,
c) concluding sales contracts,
d) handling complaints.
The Buyer can access the Regulations at any time through the Store's homepage. The Regulations are available in a version that allows for downloading, saving, and printing.
The condition for using the Store, including browsing goods available in the Store, is to meet the following technical requirements:
a) a computer with internet access and an installed web browser (Internet Explorer version 7.0 or newer with ActiveX, JavaScript, and Cookies enabled, or Mozilla Firefox version 5.0 or newer with Java applet, JavaScript, and cookies enabled, or Google Chrome version 21.0 or newer with Java applet support enabled) or any other multimedia device with software enabling internet resource browsing,
b) access to the internet,
c) the recommended minimum screen resolution is 1024 x 768 pixels.
The Buyer is obligated to use the Store in accordance with the provisions of Polish law, the principles of social coexistence, and the Regulations. It is prohibited, in particular:
a) providing content of an unlawful nature,
b) engaging in activities aimed at disrupting the operation of the Store,
c) using the Store for purposes other than its intended purpose,
d) sending unsolicited commercial information (spam).
The Store employs technical and organizational measures to protect Buyers, particularly preventing unauthorized access to data transmitted by Buyers when using the Store. Data transmission is carried out using the SSL protocol.
The Store takes all possible actions to ensure the correct operation of the Store application and undertakes to promptly resolve any irregularities reported by Buyers. The Buyer can file a complaint regarding services provided by the Store by phone at +48 519 088 282, electronically at info@luxdermastore.pl, or in writing to the address Jana Pawła Woronicza 33a/32, 02-640 Warsaw. The complaint should include a description of the problem, the Buyer's data, and address. The Store undertakes to consider the complaint within 14 days.
4. Account Creation
To create an account, the customer must register using the provided form, providing the information listed in the registration form.
The creation of a customer account is free and voluntary.
From the moment of account creation, the buyer can accumulate points as part of the loyalty program, following the rules outlined in the loyalty program section.
Registration is not a prerequisite for placing an order in the store. The customer can place an order through the online store without prior registration, using the order form.
The account password should not be shared with third parties.
The customer undertakes to provide accurate information.
5. Orders
Information about products presented in the online store does not constitute an offer within the meaning of the Civil Code; it is an invitation to conclude a sales contract.
Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the customer to the seller.
The customer has two options for placing an order:
placing an order after prior registration, through the customer account,
placing an order without registration, using the order form.
To place an order, the customer should add the product they intend to purchase to the "Cart." Adding a product to the "Cart" does not equate to placing an order. Products can be freely added or removed from the "Cart."
A customer with an account, after logging in and finalizing the addition of products to the "Cart," is redirected to the order form to provide delivery method and payment details. The customer is then redirected to the order summary. The order is placed by selecting the "Pay Now" button.
A customer without an account, after finalizing the addition of products to the "Cart," is redirected to the order form to provide address, payer information, delivery method, and payment details. The customer is then redirected to the order summary. The order is placed by selecting the "Pay Now" button.
The condition for placing an order is to familiarize oneself with and accept these Regulations, which the customer confirms before placing the order by checking the appropriate box in the order form.
Pressing the "Pay Now" button signifies the customer's order with an obligation to pay.
Information about the total value of the order, including the product price and delivery costs, is provided on the online store page during the order placement, including before the customer directly confirms and places the order. These are the total costs that the customer is obligated to pay, including taxes and delivery costs.
After placing the order, the customer will receive an email to the provided email address or associated with the customer account, titled "Order Confirmation." This email constitutes acceptance of the customer's offer. Upon informing the customer of the acceptance of their offer, the sales agreement is concluded between the seller and the customer.
6. Payment and Price
The customer has the option to pay for the ordered goods through the Przelew24 payment operator.
Payment processing is handled by the payment operator. Making a payment through the payment operator requires establishing a separate legal relationship with the payment operator and accepting its terms and conditions.
Prices listed on the online store website are gross prices and expressed in Polish zlotys. The product price before adding it to the cart does not include shipping costs.
7. Delivery
1. The store delivers within the territory of the Republic of Poland. Delivery outside the borders of the Republic of Poland is possible based on individual arrangements with the store.
2. The store dispatches the ordered goods through shipping companies (e.g., Inpost).
3. Detailed information regarding delivery is provided in the Delivery section.
4. The delivery lead time is up to 7 working days from the day of placing the order.
5. In the case of payment methods other than upon receipt, the delivery lead time is calculated from the day the payment is credited to the store's bank account.
6. The condition for releasing the goods is the payment for the goods and shipping (in the case of free delivery – payment for the goods).
7. Delivery is carried out on business days.
8. Complaints and Warranty
The store is responsible to the buyer if the sold goods have a physical or legal defect (warranty).
Complaints, along with the claimed goods, should be sent to the address: Space Logistics Sp.z.o.o., ul. Piastowska 38, 05-850 Bronisze, room number 18. The complaint should include the buyer's contact details, a justification for the complaint, and the buyer's request. It is recommended to attach proof of purchase to the complaint.
The store responds to the buyer's complaint within 14 days.
The store is not the manufacturer of the goods and does not provide a warranty for the sold goods. If the manufacturer or another entity has provided a warranty for the goods offered in the store, warranty rights must be exercised in accordance with the conditions specified in the warranty card.
9. Right of Withdrawal from the Contract
Based on the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827), a buyer who is a consumer may withdraw from a sales contract for goods purchased in the store within 14 (fourteen) days without giving any reason. Information about the right of withdrawal is found in the Returns section, and a withdrawal form is available for download on this page.
The right of withdrawal is effective if the buyer, within the specified period, makes a clear statement of withdrawal from the contract, for example, by sending a written statement to the address: Jana Pawła Woronicza 33a/32, 02-640 Warsaw.
The withdrawal period begins when the consumer or a person indicated by them, other than the carrier, takes possession of the goods. Sending the statement before the expiration of the period is sufficient to meet the deadline.
The right to withdraw from the contract does not apply to the buyer in relation to contracts:
1) for the provision of services if the store has fully performed the service with the explicit consent of the buyer, who was informed before the service began that, after the completion of the service by the store, they would lose the right to withdraw from the contract;
2) in which the subject of the service is an item not prefabricated, manufactured according to the buyer's specifications or serving their individual needs;
3) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
4) in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
5) in which the subject of the service is items that, due to their nature, become inseparably mixed with other items after delivery;
6) concluded through a public auction.
In the event of withdrawal by the buyer from the contract, the contract is considered not concluded. The store will refund all payments made by the buyer, including the cost of delivering the goods, no later than 14 days from the day of receiving the notice of withdrawal from the contract. If the buyer chose a method of delivering the goods other than the cheapest standard method offered by the store, the store is not obliged to refund the additional costs incurred by the buyer.
The store will make the refund using the same payment method that the buyer used unless the buyer expressly agreed to a different refund method that does not involve any costs for them. The store reserves the right to withhold the refund until it receives the goods back or until the buyer provides proof of returning the goods, depending on which event occurs first.
The buyer is obliged to return the goods to the store immediately, but no later than 14 days from the day they withdrew from the contract. The buyer bears the direct cost of returning the goods as a result of withdrawing from the contract. The buyer is responsible for any reduction in the value of the returned goods resulting from using it in a way exceeding what is necessary to establish its nature, characteristics, and functioning.
10. Intellectual Property
Any use of materials published on the store's website, including photos and descriptions of goods, is prohibited without the written consent of the store.
11. Out-of-Court Complaint Resolution and Claims Enforcement
A consumer buyer has the option to use out-of-court methods for complaint resolution and claims enforcement, including, for example, mediation with the Voivodeship Inspector of Trade Inspection or seeking resolution from a permanent consumer arbitration court operating under the principles specified in the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2001, No. 4, item 25). To use mediation or submit a case to a permanent consumer arbitration court, a relevant application must be submitted. Detailed information about both procedures, as well as application forms that consumers can use, are available on the websites of the Voivodeship Inspectorates of Trade Inspection. More information about out-of-court dispute resolution can be obtained at http://uokik.gov.pl/spory_konsumenckie.php.
Consumers can also seek assistance from the municipal (district) consumer ombudsman or one of the non-governmental organizations whose tasks include consumer protection, such as the Consumer Federation or the Polish Consumer Association.
12. Sending Surveys
After sending the purchased goods, the store, as part of fulfilling the contract with the buyer, is authorized to send an invitation to the buyer's email address to complete a survey to assess their opinion on the conducted transaction. The buyer is entitled, but not obligated, to complete the survey.
13. Discount Codes
Occasional discount codes (percentage discounts) can be used in the shopping cart. Promotions do not combine; products discounted by a greater percentage than the discount code will not be further reduced.
14. Information Regarding the Processing of Personal Data by LuxDerma Maryia Belaus for Users of the LuxDermaStore Online Store
Considering the security and confidentiality of your personal data, we would like to provide you with information about the purposes, scope, and categories of personal data processing, as well as your rights under the applicable Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
The administrator of your data is Maryia Belaus conducting business under the name LuxDerma Maryia Belaus, with headquarters in Warsaw, at ul. Jana Pawła Woronicza 33a/32, 02-640 Warsaw.
Contact with the Administrator is possible at the above-mentioned address and via email at info@luxdermastore.pl.
For what purpose and on what basis do we process your data?
a) If you have created an account on our store, it means that we process your personal data for the purpose of concluding and performing a contract for the sale of goods and services offered by us. This contract concluded with the Administrator is the basis for processing your data.
b) If you have decided to make purchases in our store, it means that we process your personal data for the purpose of concluding and performing a contract for the sale of goods and services offered by us. This contract concluded with the Administrator is the basis for processing your data.
c) In addition, we may process your data to fulfill legal obligations, such as accounting regulations, which constitute the basis for processing your data. We may also process your data to handle complaints, based on general civil law provisions, as well as to pursue claims or defend against claims based on the legitimate interest of the Administrator.
d) If you have subscribed to our newsletter or consented to receiving information about discounts and novelties offered by our store, it means that we process your data for these purposes and based on your consent. Your consent is voluntary, and you can withdraw it at any time by contacting the Administrator (data above).
e) If you have contacted us through the contact form, by sending an email or by phone, it means that we process your personal data based on the legitimate interest of the Administrator, which is to handle your inquiry.
f) We may also process your data that you voluntarily provided during a conversation with our consultant through the chat available on the store's website.
g) Additionally, we may process your personal data for analytical purposes, based on the legitimate interest of the Administrator, which is the development of the store's offer.
How long do we keep your data?
a) The processing period of your data by us depends on the purpose and legal basis for their processing.
b) Data processed for the purpose of concluding and performing a contract, handling complaints, pursuing claims, or defending against claims will be stored for no longer than 10 years.
c) Data processed for newsletter subscription and receiving information about discounts and novelties will be processed until you withdraw your consent.
d) Data processed based on our legitimate interests will be stored for the duration of the purposes for which they were collected, as well as for pursuing or defending against claims, but not longer than 10 years from the date of collecting your data.
Data recipients. Your personal data may be disclosed to the following categories of recipients: persons authorized by the administrator, i.e., employees and associates who need access to your data to perform their duties, entities providing services on behalf of and for the administrator, and entities authorized to receive data under the law.
How can you exercise your rights under the GDPR?
You have the right to: access your data, obtain a copy of that data, modify and correct your data, delete your data, object to automated decisions based on profiling, object to the improper processing of personal data, withdraw your consent, and transfer data to another administrator in cases where data processing is based on consent or a concluded contract.
Requests to exercise your rights can be submitted in writing to the store's address at ul. Jana Pawła Woronicza 33a/32, 02-640 Warsaw, or by email to info@luxdermastore.pl.
To efficiently handle your rights, please include the following information in your application:
– identifying data of the applicant (name, address, email address, phone number)
– justification of the application
– any additional information that would help us properly identify you
– method of receiving data.
The data provided in the application will not be processed for purposes other than fulfilling the request. If the store does not have the necessary data, they will not be retained.
Your requests will be processed individually. The possibility of exercising the above rights depends on the legal basis for processing your data.
Your requests will be processed within 1 month of receiving the application. If, for any reason, we cannot meet this deadline, you will be informed.
According to the GDPR, the first request is processed free of charge. In a situation where your requests are unfounded or excessive, we reserve the right to charge a fee. According to the GDPR, you have the right to lodge a complaint with the President of the Office for the Protection of Personal Data regarding improper processing of your data.
15. Final Provisions
The store does not apply a code of good practices as referred to in the Act of August 23, 2007, on combating unfair market practices (Journal of Laws of 2007, No. 171, item 1206, as amended).
The buyer is not obliged to provide a deposit or any other financial guarantees.
Any disputes between the store and a buyer
who is not a consumer will be resolved by the court having jurisdiction over the store's registered office.
The terms of this Regulation come into effect on January 10, 2024.