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Terms of service

Before using the online store www.learnthebeauty.com, customers are required to read the Terms of Service.

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ONLINE STORE REGULATIONS

www.learnthebeauty.com

 

  1. General provisions
  2. Definitions
  3. Type and scope of electronic services
  4. Terms and conditions for the provision and conclusion of contracts for the provision of electronic services
  5. Terms of concluding sales agreements
  6. Methods of payment
  7. Cost, time and methods of delivery
  8. Terms of termination of contracts for the provision of electronic services
  9. The mode of complaint procedure
  10. Right of withdrawal from the contract
  11. Intellectual property
  12. Final provisions

 

1. GENERAL PROVISIONS

  • The online store operating under the address www.learnthebeauty.com is run by Monika Rząp performing business activity under the name MONIKA RZĄP PIĘKNE RZĘSY registered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister competent for economy, address of the place of business and address for delivery: ul. Chlebowa 19/2, 71-006 Szczecin, NIP: 6412255847, REGON: 321508827, electronic mail address (e-mail): biuro@learnthebeauty.com, tel. +48 663 492 977
  • The www.learnthebeauty.com store operates on the principles specified in these Regulations.
  • The Regulations define the types and scope of services provided electronically by the Store www.learnthebeauty.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
  • Each Service Recipient, as soon as he takes steps to use the Electronic Services of the www.learnthebeauty.com Store, is obliged to comply with the provisions of these Regulations.
  • As a condition for placing an Order in the Store by the Customer, he/she must read the Regulations and accept their provisions at the time of placing the Order.
  • The Shop www.learnthebeauty.com sells services, via the Internet on the territory of Poland and in other countries of the European Union exclusively to Consumers.
  • Products offered in the Store are new, free from legal defects and have been legally introduced into the Polish market.
  • In matters not covered by these Regulations, the provisions of the following apply
  • The Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),
  • Consumer Rights Act of May 30, 2014. ( U. 2014 item 827),
  • Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended),
  • The Personal Data Protection Act of May 10, 2018. (Journal of Laws 2018 item 1000 as amended) and other relevant provisions of Polish law.
  • Personal data is processed as described in our Privacy Policy.

2. DEFINITIONS

  • BUSINESS DAY – one day from Monday to Friday excluding public holidays.
  • REGISTRATION FORM – a form available on the website www.learnthebeauty.com that allows you to create an Account.
  • ORDER FORM – a form available on the website www.learnthebeauty.com that allows placing an Order.
  • CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
  • CUSTOMER – a Customer who is a Consumer, who intends to conclude or has concluded a Sales Agreement with the Seller.
  • ACCOUNT – a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about placed Orders.
  • REGULATIONS - these regulations of the Store.
  • SHOP - the Service Provider's online store operating at www.learnthebeauty.com.
  • SELLER, SERVICE PROVIDER – Monika Rząp doing business under the name MONIKA RZĄP PIĘKNE RZIESY, 19/2 Chlebowa Street, 71-006 Szczecin, NIP: 6412255847, REGON: 321508827.
  • PRODUCT – a movable item available in the Store or a service, which is the subject of a Sales Agreement between the Customer and the Seller.
  • CONTRACT OF SALE – a Contract of Sale of a Product concluded between the Customer and the Seller through the Store.
  • SERVICE USER – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
  • ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  • NEWSLETTER – Electronic service allowing the Customer to subscribe to and receive at the e-mail address provided by the Customer free information from the Service Provider concerning Products available in the Store.

3. TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider allows through the Store to use Electronic Services such as:

  • concluding Product Sales Agreements,
  • maintaining an Account in the Store,
  • use of the Newsletter.
  • Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions specified in the Regulations.
  • The Service Provider has the right to post advertising content on the Store's website. These contents, are an integral part of the Store and the materials presented therein.

4. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  • Provision of Electronic Services specified in Chapter III pt. 1 of the Regulations by the Service Provider is free of charge..
  • The period for which the contract is concluded:
    • agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time.
    • contract for the provision of Electronic Services consisting of enabling the placement of an Order in the Store is concluded for a definite period of time and is terminated at the time of placing the Order or at the end of its placement by the Customer.
    • agreement for the provision of Electronic Services consisting of the use of the Newsletter is concluded for an indefinite period of time.
  • Technical requirements necessary for cooperation with the tele-information system used by the Service Provider:
    • computer with access to the Internet,
    • access to e-mail,
    • web browser,
    • inclusion of Cookies and Javascript in the web browser.
  • The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.
  • The customer is obliged to enter data in accordance with the facts.
  • The recipient is prohibited to provide content of an unlawful nature.

5. TERMS AND CONDITIONS OF CONCLUSION OF SALES CONTRACTS

 

NOTES:

Issuance of invoices to receipts - new rules

as of January 1, 2020

As of January 1, 2020, an invoice for a sale registered on a fiscal cash register and confirmed by a receipt can be issued only if the receipt contains a TIN. A receipt up to the gross amount of PLN 450 (€100) with the purchaser's TIN constitutes a simplified invoice, in accordance with Article 106e(5)(3) of the VAT Act.

  • The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a particular Product under the conditions specified in its description.
  • The price of the Product shown on the Store's website is given in Polish zloty (PLN) and includes all components, including VAT, customs duties and any other components. The price does not include delivery costs. 
  • The Product price shown on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer places an Order.
  • In order to place an Order, the Customer is not required to register an Account with the Store.
  • Orders can be placed through the website using the Order Form (Shop www.learnthebeauty.com) - 24 hours a day, all year round.
  • The Store processes Orders placed from Monday to Friday during the Store's business hours, i.e. from 10:00 a.m. to 2:00 p.m. Orders placed on Business Days after 2:00 p.m., on Saturdays, Sundays and holidays, will be processed on the next Business Day.
  • Conclusion of Sales Agreement.
    • In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by the means made available by the Seller.
    • After placing an Order, the Seller, shall immediately confirm its receipt, at the same time accepting the Order, which makes the Customer bound by his Order. Confirmation of receipt and acceptance of the Order for execution is made by sending an e-mail message, which contains:
      • confirmation of all essential elements of the Order,
      • statement of the right to withdraw from the contract,
      • instruction on the right to withdraw from the contract,
      • these Regulations.
    • Upon receipt by the Customer of the e-mail message referred to in item. 8, a Sales Contract is concluded between the Customer and the Seller.
  • Each Contract of Sale will be confirmed by a proof of purchase (fiscal receipt), which will be attached to the shipment.

6. METHODS OF PAYMENT

  • The Seller provides the following payment methods:
    • payment by traditional transfer to the Seller's bank account,
    • payment on delivery for the so-called cash on delivery,
    • payment through electronic payment services,
    • payment by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
  • In the case of payment by bank transfer, the payment should be made to the bank account number 25 1050 1559 1000 0092 0780 9774 ING Bank Slaski ) MONIKA RZĄP PIĘKNE RZĘSY, Chlebowa St. 19/2, 71-006 Szczecin, NIP: 6412255847 In the title of the transfer, please write "Order no........".
  • In the case of payment on delivery, the shipment is sent after verification of the correctness of address data.
  • In the case of payment via electronic payment services, the Customer shall make payment before the Order is processed. Electronic payment services allow payment by credit card or quick transfer from selected Polish banks. The product will be shipped only after it has been paid for.
  • The entity providing online electronic payment service is Blue Media S.A..
  • If there is a need for a refund for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the payment card of the customer.
  • The Customer is obliged to pay the price of the Sales Agreement within 7 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.

7. COST, TIME AND METHODS OF DELIVERY

  • Cost of Product delivery is determined during the process of placing the Order and depends on the choice of payment method and delivery method of the purchased Product.
  • Products purchased from the Store are shipped via the Polish Post or a courier company.
  • The Customer may pick up the Product in person at the address: Chlebowa Street 19/2, 71-006 Szczecin.
  • If the customer chooses the method of payment by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller's bank account or settlement account.
  • The Product delivery time consists of the Product completion time and the Product delivery time by the carrier:
  • The time of completing the Product is from 2 to 3 Business Days.
  • Delivery of the Product by the carrier takes place within the time declared by the carrier, i.e. from 1 to 2 Business Days (delivery takes place only on Business Days excluding Saturdays, Sundays and holidays).

8. TERMS AND CONDITIONS FOR TERMINATION OF ELECTRONIC SERVICE AGREEMENTS

  • Termination of Electronic Service Agreement:
  • A contract for the provision of an Electronic Service of a continuous and indefinite nature (e.g., maintaining an Account) may be terminated.
  • The Customer may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement via e-mail to the following address: biuro@learnthebeauty.com The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a statement of intent to terminate the Agreement (notice period).
  • Termination leads to termination of the legal relationship with effect for the future.
  • The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

9. COMPLAINT PROCEDURE

  • Complaints under warranty:
    • The basis and scope of the Seller's liability to the Customer who is a Consumer, under the warranty covering physical and legal defects, are set forth in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
    • Notification of defects concerning the Product and submission of the corresponding request can be made via e-mail to: biuro@learnthebeauty.com or in writing to the address: Chlebowa 19/2, 71-006 Szczecin.
    • In the above-mentioned e-mail message, you should provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite consideration of the complaint by the Seller.
    • When it is necessary to assess physical defects of the Product, it should be delivered to the address: Chlebowa 19/2, 71-006 Szczecin.
    • The Seller will respond to the Customer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in any other way provided by the Customer.
    • In the case of a complaint from a Customer who is a Consumer - failure to respond to the complaint within 14 days is tantamount to its acceptance.
      In connection with a complaint from a Customer who is a Consumer, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.
  • Complaints related to the provision of Electronic Services by the Service Provider:
    • Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to: www.learnthebeauty.com
    • In the aforementioned e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
    • Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days.
    • The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client.

10. RIGHT OF WITHDRAWAL

  • A Client who is also a Consumer, who has concluded a remote contract, may withdraw from it without giving reasons by submitting an appropriate statement in writing within 14 days. To meet this deadline it is sufficient to send the statement of withdrawal handed by the Store.
  • In the event of withdrawal from the contract, the Sales Contract is considered not concluded, and the Consumer is released from all obligations. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within 14 days.
  • The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  • The Seller will refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer.
  • If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
  • The Consumer withdrawing from the Sales Agreement, in accordance with pt. 1 of this section, shall bear only the costs of returning the Product to the Seller.
  • The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated from the day on which the Consumer took possession of the Product.
  • The right to withdraw from a contract concluded remotely does not apply to the Consumer in the case of a Sales Agreement:
    • 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 subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery.
    • The right of withdrawal from the Sales Agreement is vested in both the Seller and the Customer (Consumer), in case of failure of the other party to the agreement to perform its obligation within a strictly defined period.

11. INTELLECTUAL PROPERTY

  • All content posted on the website at www.learnthebeauty.com enjoys copyright protection and is the property of Monika Rząp doing business under the name MONIKA RZĄP PIĘKNE RZĘSY, business address and address for delivery: 19/2 Chlebowa Street, 71-006 Szczecin, NIP: 6412255847, REGON: 321508827.The Customer is fully responsible for any damage caused to the Service Provider, resulting from the use of any content of exclusivelashes.pl website, without the consent of the Service Provider.
  • Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and the content of the www.learnthebeauty.com website constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

12. FINAL PROVISIONS

  • Contracts concluded through the Store are concluded in accordance with Polish law.
  • If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  • Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of concluding the dispute amicably. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with pt. 4 of this chapter.
  • Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964 (Journal of Laws No. 43, item 296 as amended).
  • A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
  • In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.