Terms and Conditions define general terms, conditions and manner of sale of Nano Frdws with it’s registered office in Leszno, via the online store Nano Fardos www.nanofardos.com (hereafter referred to as ‘Online Shop‘) and the terms and conditions of providing free of charge electronic services.
§ 1 Definitions
- Workdays – means weekdays from Monday to Friday excluding public holidays.
- Delivery – means the actual act of delivering to the Customer by the Seller through the Provider, the goods specified in the order.
- Provider – means the entity with which the Seller is cooperating with to deliver the Goods:
- Courier company;
- InPost Israel, providing services of delivery and service of mailbox systems;
Rehah Post. with it’s registered office in Israel
- Password – means a sequence of letters, numbers or other characters selected by the Customer during registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
- Client – means the entity for which, according to the Terms and Conditions and regulations of law, services may be provided electronically or with which the Sales Agreement may be concluded.
- Consumer – means a natural person performing a business activity with an entrepreneur not directly related to his or her business or profession.
- Client Account – means an individual panel for each Client, activated on his behalf by the Seller, after the Client has registered and signed the Customer Service Account Agreement.
- Login – means the Customer’s individual designation, consisting of a sequence of letters, digits or other characters, required with the Password to create a Customer Account on the Online Shop. Login is the correct e-mail address of the Customer.
- Entrepreneur – means a natural person, legal entity or organizational unit that is not a legal entity whose law grants legal capacity to carry out, in it’s own name, an economic or professional activity and perform legal transactions directly related to it’s economic or professional activities.
- Terms & Conditions – means these regulations.
- Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Shop.
- Shop Website – means the websites under which the Seller runs an Online Shop, operating within the domain www.ladymakeup.com
- Goods – means the products presented by the Seller through the Website of the Shop, which may be the subject of the Sale Agreement.
- Durable media – means a material or tool that enables the Customer or the Seller to store personally identifiable information to him or her in such a way that future information is accessible for the purpose for which it is used and which allow the stored information to remain unaltered.
- Sales contract – means a sale contract concluded at a distance, on the terms and conditions set out in the Regulations, between the Customer and the Seller.
§ 2 General Provisions and use of the Online Shop
- All rights to the Online Shop, including proprietary copyrights, intellectual property rights to it’s name, it’s Internet domain, the Website of the Shop, as well as templates, logos and forms posted on the Shop Website (except logos and images presented on the Shop Website for the purpose of presenting goods to which the copyright belongs to third parties) belong to the Seller, and use of them may only take place in a manner specified and in accordance with the Regulations and the Seller’s agreement in writing.
- The Seller uses ‘cookie’ file mechanism, which is stored by the Seller’s server on the Client’s hard drive, while the Customer uses the Shop Website. The use of ‘cookies’ is for the proper functioning of the Shop Website on the Customer’s device. This mechanism does not damage the client’s device and does not cause configuration changes to client devices or software installed on these devices. Each Client may disable the ‘cookies’ mechanism in the web browser of his or her device. The seller indicates that the exclusion of ‘cookies’ may make it difficult or impossible to use the Shop Website.
- To place an order in the Online Shop through the Shop Website and to use the services available on the Shop Website, it is necessary for the Customer to have an active email account.
- It is forbidden to provide unlawful content or to use the Online Shop, the Shop Website, or the Free Services provided by the Seller in a manner that is against the law, moral rules or infringing on the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of unauthorized access and modification of Customer data, so customers should use appropriate technical means to minimize the risks identified above. Especially they should use anti-virus programs protecting the identity of the Internet users. The Seller never asks the Customer to provide his/her Password.
§ 3 Registration
- In order to create a Client Account, the Client is obliged to make a free registration.
- Registration is not required to place an order in the Internet Shop.
- In order to register, the Customer should complete the registration form provided by the Seller on the Website of the Store and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During the Registration, the Customer sets an individual Password.
- When completing the registration form, the Client has the opportunity to familiarize with the Terms and Conditions by accepting the content and marking the appropriate field in the form.
- During the Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by ticking the appropriate box in the registration form. In such a case, the Seller expressly informs you of the purpose of collecting the Customer’s personal data, as well as the known Seller or the intended recipients of such data.
- Customer’s consent to the processing of his personal data for marketing purposes does not imply the possibility of concluding a contract with the Seller for the provision of the Customer Account Management service electronically. The consent may be withdrawn at any time by placing the Customer’s relevant statement on the media at any time. A statement may, for example, be sent to the Seller’s address by e-mail.
- Once the completed registration form has been submitted, the Customer will immediately receive the confirmation of registration from the Seller, via e-mail to the e-mail address provided in the registration form. At this moment an agreement is signed to electronically provide the Customer Account Service, and the Customer obtains the ability to access the Customer’s Account and to make changes to the data provided during the Registration, except for the Login.
§ 4 Orders
- The information contained on the Shop Website does not constitute the Seller’s offer within the meaning of the Civil Code, but only an invitation for Clients to submit bids for conclusion of the Sale Agreement.
- The customer may place orders at the Online Shop through the Store Website for 7 days a week, 24 hours a day.
- The Customer may place orders at the Online Shop via telephone during working hours and days indicated on the Shop Website.
- The customer placing an order through the Shop Website completes an order by selecting the Goods, which he/she is interested in. Adding Goods to your order is made by selecting the ‘ADD TO CART’ command under the displayed Item on the Shop Website. After completing the order and indicating method of delivery andform of payment in the ‘CART’, the customer submits the order by sending the order form to the Seller by selecting button ‘PLACE AN ORDER WITH PAYMENT OBLIGATION’ on the Shop Website. Each time prior to sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery as well as any additional costs that he/she is liable to bear in connection with the Sales Contract.
- The customer placing an order via telephone uses the telephone number provided by the Seller on the Shop Website. The customer orders by telephone giving the Seller the name of the Goods from the Shop Website and the number of Goods he wants to order. Then, after completing the entire order, the Customer determines the manner and address of Delivery and form of payment, and also indicates, by choice, his e-mail address or mailing address to confirm the order. Whenever the Customer submits an order by telephone, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected Method of Delivery, as well as any additional costs that it is liable to bear in connection with the Sales Agreement.
- Once the order is placed by the Customer via telephone, the Seller will send on Durable Media to the e-mail or mailing address provided by the Customer confirmation of the terms of the Sales Agreement. The confirmation includes in particular: determination of the Goods subject to the Sales Contract, it’s price, cost of delivery and information about any other costs that the Customer is obliged to bear in connection with the Sales Contract.
- Placing an order is the Customer’s submission to the Seller of the offer to conclude the Sales Contract for the Goods being the subject of the order.
- After the order is placed, the Seller sends a confirmation e-mail to the e-mail address provided by the Customer.
- After confirming placing of the order, the Seller sends to the email address provided by the Customer the information about acceptance of the order for execution. Information about the acceptance of the order for execution is a statement of the Seller’s Acceptance of the offer referred to in §4 sec. 4 The Sales Agreement is concluded upon receipt of the confirmation by the Customer.
- Upon conclusion of the Sales Agreement, the Seller confirms with the Customer it’s terms and conditions by sending them to the Customer’s e-mail address or in writing to the address indicated by the Customer during registration or placing an order.
§ 5 Payment
- Prices on the Store Website placed on given Goods are gross prices of all orders shipped to Poland and all the EU countries; placed on given Goods are net prices – without VAT – of all orders shipped outside the EU. The prices placed on given Goods do not contain information on the costs of the Supply and any other costs that the Customer will be liable to bear in connection with the Sales Contract, about which the Customer will be informed when choosing the method of Delivery and placing the order.
- The customer can choose the following payment methods for the ordered Goods:
- Bank transfer to the Seller’s bank account (in this case, the order will be initiated after receiving the order confirmation and crediting the funds to the Seller’s bank account);
- Payment via PayU system , operated by PayU S.A. based in Poznan (in this case the execution of the order will be initiated after completing the ordering process in the Online Shop by the Customer and after receiving from PayU an information about the successful payment);
- Payment via external system PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the order will be initiated after completing the ordering process in the Online Shop by the Customer and after receiving the information from PayPal about the successful payment).
- Payment via external PayLane system, operated by PayLane Sp. z o.o. based in Gdansk (in this case the order processing will be initiated after the customer completes the ordering process in the Online Shop and after receiving from the PayLane system information on the payment approval)
- Payment by Cash On Delivery (in this case the order processing and delivery will be initiated after receiving the order confirmation by the Seller);
- Cash on personal pick-up – payment at the Seller’s office (in this case the execution of the order will be made immediately after sending the order confirmation to the Customer by the Seller and the goods will be delivered in the Seller’s office).
- The Customer is informed by the Seller on the Shop Website about the time in which he is obliged to pay for the order in the amount resulting from the concluded Sales Agreement.
- In the event of default by the Customer in payment within the time limit referred to in §5 clause 3, the Seller shall designate the Customer an additional deadline for making the payment and shall inform the Customer using durable media. Information about the additional payment date also indicates that after the expiry of that period, the Seller will withdraw from the Sale Agreement. In this case the Seller will send to the Client on a urable media a declaration of withdrawal on the basis of §491 of the Civil Code.
§ 6 Delivery
- The Seller is obliged to deliver the Goods subject to the Sales Contract without any defect.
- The Seller places on the Shop Website information on the number of Business Days needed to deliver and execute the order.
Time of delivery and fulfillment of the order indicated on the Shop Website is counted in Working Days in accordance with §5 clause 2.
Time of delivery and fulfillment of the order indicated on the Shop Website is counted in Working Days from the date of conclusion of the Sales Contract in the event of choosing by the Customer the payment option ‘Cash On Delivery’.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
In case of choosing InPost Paczkomaty Sp. z o.o. based in Cracow as the Supplier, the address of Delivery will be the address of the parcel machine selected by the Customer at the time of placing the order.
In case of choosing Ruch S.A. based in Warsaw as the Supplier, the address of Delivery will be the point of sale chosen by the Customer at the time of placing the order.
- On the day of sending the Goods to the Customer (if the possibility of personal receipt of the Goods was not chosen) the information confirming the delivery of the goods by the Seller is sent to the Customer’s e-mail address.
- The customer should check the content of the shipment in the time and manner accepted for consignments of this type, in the presence of the supplier’s employee. In the event of a defect or damage to the consignment, the Customer shall have the right to require the Supplier’s employee to write down the applicable protocol.
- The customer has the opportunity to pick up his or her ordered Goods at the Seller’s Office on Business Days, during the opening hours indicated on the Shop Website, after setting with the Seller the delivery deadline by e-mail or telephone.
- The Seller according to the Customer’s wishes, attaches to the package a receipt or VAT invoice covering the supplied Goods.
- In case of the Client’s absence at the address indicated when placing the order as the Address of Delivery, the Supplier’s employee will leave a note or make a telephone contact attempt to determine the date on which the Customer will be present. In the event of a return of the ordered goods to the Online Shop by the Supplier, the Seller will contact the Customer by e-mail or telephone to re-set the Customer’s date and cost of Delivery.
§ 7 Warranty
- The Seller provides the Delivery of Goods without physical or legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- Make a statement of price reduction or withdrawal from the Sales Contract unless the Seller promptly and without undue inconvenience to the Customer will replace defective Goods or remove the defects. This restriction does not apply if the Goods have already been replaced or repaired by the seller or the seller has failed to fulfill the obligation to exchange the Goods for free from defects. The Customer may, instead of the Seller’s proposed removal of the defect, demand replacement of the Goods for defect free or instead of exchanging the Goods demand the removal of the defect, unless it is impossible for them to meet the contract in a manner chosen by the Customer or require excessive costs in comparison with the manner proposed by the Seller. When evaluating the cost overrun, the value of the defect-free merchandise, the nature and significance of the identified defect, and the inconvenience that the Customer would otherwise face would be taken into consideration.
- Demand replacement of defective Goods for defect free or defect removal. The Seller is obliged to exchange defective Goods for defect free or remove defects within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to refund Customer’s request if it is impossible to comply with the Sales Contract for the Goods in the manner chosen by the Customer, or if compared to the second possible way to comply with the Sales Contract would be unreasonably costly. Repair or replacement costs are borne by the Seller.
A customer who performs warranty rights is obliged to deliver defective items to the Seller’s address. In the case in the Client is a Consumer the cost of delivery shall be borne by the Seller.
The Seller shall be liable under the warranty if a physical defect is discovered within two years of the Goods being delivered to the Customer. A claim for the removal of a defect or replacement of the Goods to free from defects expires by the end of the year, but such term may not be terminated before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or declare the price decrease due to defect of the Goods. If the Customer requests replacement of the Goods for defect free or removal of a defect, the time limit for withdrawing from the Sales Contract or the declaration of price reduction shall begin upon the expiry of the period for replacement of the Goods or the removal of the defect.
The seller enables the Consumer to use the out-of-court resolution of consumer disputes. The authorized entity, competent for the Seller is the Provincial Inspectorate of Trade Inspection in Poznań, Al. Marcinkowskiego 3, 60-967 Poznań, http://www.poznan.wiih.gov.pl.
§ 8 Complaints
- Any complaints relating to the Goods or the performance of the Sales Contract may be addressed in writing to the Seller.
- Within 14 days from the day the claim is made the Seller will address to the Goods or execution of the Sales Contract related complaint submitted by the Customer.
- The Customer may make a complaint to the Seller in connection with the use of the free services provided by the Seller by electronic means. The complaints can be submitted in an electronic form and sent to Nanosabaya@gmail.com In the complaint form, the customer should describe the problem. The Seller shall promptly, but not later than within 14 days, consider the complaints and answer the Customer.
- Each customer can use out-of-court complaint and redress procedures. In this regard, it is possible for the Customer to use mediation. Lists of permanent mediators and existing mediation centers are forwarded and made available by the Presidents of the appropriate District Courts. The Consumer Customer may also use out-of-court complaint and redress procedures by filing a complaint through the EU-based ODR web site, available at: http://ec.europa.eu/consumers/odr/
§ 9 Termination of the Sales Agreement
- The consumer who has entered a Sales Contract may withdraw within 14 days without giving a reason.
- The period of time for withdrawal from the Sales Agreement commences from the moment the Goods are taken over by the Customer.
- The consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement may be submitted, for example, in writing to the Seller’s address, or via email to the Seller’s address. The statement may be submitted in a form, the model of which has been provided by the Seller on the Shop Website at the following address: Form of withdrawal. It is enough to send a statement before the expiry of the deadline.
- In the event of withdrawal from the Sales Agreement, it is considered not to be made.
- If the Consumer has made a statement of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.
- The Seller shall immediately, not later than within 14 days of receipt of the Consumer’s statement of withdrawal from the Sales Contract, return to him all the made payments, including the cost of Delivery. The Seller may withhold return of payments received from the Consumer until returning the Goods or delivery of the proof of return by the Customer, whichever occurs earlier.
- If the Consumer using the right of withdrawal chooses to deliver the Goods other than the cheapest ordinary way of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for any additional costs.
- The consumer is obliged to return the Goods to the Seller immediately, however not later than within 14 days of the date on which he departed from the Sales Contract. To keep the deadline, it is enough to send the goods to the Seller’s address before the deadline.
- In the event of withdrawal, the Consumer is liable only for the cost of direct return of the Goods.
- If due to their nature the Goods can not be normally shipped, the Seller informs the Consumer of the cost of returning the Goods on the Shop Website.
- The Consumer bears the responsibility for reducing the value of the Goods resulting from their use in such a way that it is beyond the means necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller returns the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to a different return, which does not incur him to any expenses.
- In case when the Goods are delivered in sealed packaging which can not be returned for health or hygiene reasons, if the packaging has been opened after delivery the Consumer is not entitled to the right of withdrawal from the Sales Contract.
§ 10 Free services
- The seller provides to the Customers, by electronic means free of charge services:
- Customer Account Management;
- Posting feedback.
- The services indicated in § 10 clause 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and manner of accessing the selected services, about which he will inform the Customer in a manner appropriate to the amendment of the Regulations.
- The Newsletter service can be used by any Customer who will enter his / her email address by using the registration form provided by the Seller on the Shop Website. After submitting the completed registration form, the Customer shall immediately receive, by e-mail, the confirmation provided by the Seller to the e-mail address provided in the registration form. At this moment an agreement is signed to electronically provide the Newsletter service. The Customer may additionally mark the corresponding box in the registration form in order to subscribe to the Newsletter.
The Newsletter service is about sending by the Seller electronic messages containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Clients who have subscribed.
Each Newsletter addressed to the Customer’s e-mail address includes, in particular: the sender’s data, filled-in ‘topic’ field, specifying the content of the e-mail, and information on the possibility and manner of resignation of the free Newsletter service.
The Customer may at any time opt-out of receiving the Newsletter by unsubscribing via the link provided in any e-mail sent through the Newsletter or by activating the appropriate field in the Client’s Account.
Customer Account Service is available after registration under the regulations described in the Terms and Conditions, and provides the Customer with a dedicated panel within the Website, enabling the Customer to modify the data he has provided during the Registration process, as well as tracking the status of orders and the history of orders.
The Customer who made the Registration may submit a request to remove the Seller’s Customer Account, but in case of requesting removal of the Customer Account by the Seller, it may be removed within 14 days of the request.
The Posting Service is to enable by the Seller the Customers with a Client Accounts to publish on the Shop Website subjective and individual statements regarding the Goods.
Resignation of the posting service is possible at any time and relies on the Customer to cease posting content on the Shop Website.
The seller is entitled to block access to the Customer Account and free services, in the event of Customer’s actions to the detriment of the Seller or other Customers, Customer’s breach of law or the Terms and Conditions, and when blocking access to the Customer Account and unpaid services is justified by security reasons. – in particular: the Customer’s breaking into the Shop Website’s security or other hacking activities. Blocking access to your Customer Account and unpaid services for the aforementioned reasons will continue for as long as necessary to resolve the issue. The Seller notifies the Customer of the blocking of access to the Customer Account and free of charge services by electronic means to the address provided by the Customer in the registration form.
§ 11 Customer liability for the posted contents
- When posting content and making it available, the Client makes a voluntary dissemination of content. The posted content does not express the Seller’s views and should not be associated with the Seller’s business. The Seller is not a content provider, but an entity that provides adequate IT resources for that purpose.
The Customer declares that:
he/she is entitled to use copyrights, industrial property rights and / or related rights to works, industrial property rights (such as trademarks) and / or related rights content, which concur to the content;
placing and making available the services referred to in §10, personal data, image and information concerning third parties shall be legal, voluntarily and with the consent of the concerned people;
agrees to acces the published content by other Clients and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
agrees to work on content within the meaning of the Copyright and Related Rights Act.
- The Client is not entitled to:
posting as part of the use of the services referred to in § 10, personal data of third parties and dissemination of the image of third parties without the required permission or consent of a third party;
posting as part of the use of the services referred to in §10, advertising and / or promotional content.
- The Seller is responsible for the content posted by the Customers, in case of receiving a notification in accordance with §12 of the Regulations.
- It is forbidden to publish by the Customers in the context of the use of the services referred to in §10 content which could in particular:
- be placed in bad faith, eg with intent to infringe personal interests of third parties;
- violate any third party rights, including copyright and related rights, industrial property rights, business secrets or confidentiality obligations;
be offensive or threatening to others, contain vocabulary violating good manners (eg by using vulgarisms or expressions commonly considered offensive);
contradict the Seller’s interest;
otherwise violate the provisions of these Regulations, good manners, rules of law, social norms or customs.
- In the event of receipt of a notice pursuant to §12 of the Regulations, the Seller reserves the right to modify or delete the content posted by Customers in the course of their use of the services referred to in §10, in particular in regard to the content reported by third parties or the relevant authorities to may constitute a breach of these Regulations or applicable laws. The seller does not keep an ongoing check on the posted content.
- The Customer agrees to the Seller’s use of the content provided free of charge within the Shop Website.
§ 12 Reporting a threat or violation of rights
- In the event if the Customer or other person or entity deems that the content posted on the Store Website infringes their rights, personal property, good morals, feelings, morals, beliefs, fair competition, know-how, secret protected by law or under obligation may notify the Seller of a potential violation.
The Seller notified of potential infringement, takes immediate action to remove the content of the infringement from the Shop Website.
§ 13 Personal data protection
§ 14 Termination of contract (does not concern Sale Agreements)
- Both the Customer and the Seller may terminate the electronic service contract at any time without giving any reason, subject to the rights acquired by the other party prior to termination of the agreement and the provisions below.
- The registered customer terminates the service contract by electronic means by sending the appropriate will statement to the Seller using any remote means of communication to enable the Seller to become aware of the will of the Customer.
- The Seller terminates the Service Agreement by electronic means by sending to the Customer a statement of will to the Customer’s e-mail address provided during registration.
§ 15 Final provisions
- The seller is liable for fault or improper performance of the contract, but in the case of contracts concluded with Business Customers, the Seller is liable only in the event of willful damage and within the limits of actual losses suffered by the Entrepreneur.
- The content of these Terms and Conditions may be preserved by printing, saving or downloading at any time from the Shop Website.
- In the event of a dispute under the terms of the Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising on the basis of these Regulations is the Polish law.
- The seller informs the customer about the possibility of using out-of-court complaint and redress procedures. Rules of access to these procedures are available at the premises or on the websites of the subjects entitled to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection at: http://www.uokik.gov.pl/spory_konsumenckie.php. The seller informs that there is a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform) available at: http://ec.europa.eu/consumers/odr/
- Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller before the date of entering into force of the new Regulations shall be implemented on the basis of the Regulations, which were binding on the day of ordering by the Customer. The amendment of the Regulations comes into force within 7 days of publication on the Shop Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations on the amendment of the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Terms and Conditions, the Seller is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions from 30$.
- The Regulations come into force on 25.05.2018 r.