Terms and Conditions of the Online Store
§ 1
Introductory Provisions
1. The online store kosmetyk.de, available at the internet address www.kosmetyk.de, is operated by Skiera Cosmetics BV, registered in the Dutch Business Register under the number BTW NL859198819B01, KVK 72689331, and having its registered office in The Hague.
2. This Terms and Conditions document is addressed to Consumers and specifies the rules and procedures for entering into a Distance Sales Agreement with the Consumer through the Store.
§ 2
Definitions
Seller - an individual conducting business activities under the name Skiera Cosmetics BV, BTW NL859198819B01, with its registered office at Koperwerf 27, 2544EM, The Hague, registered under the number KVK 72689331.
Customer - any entity making purchases through the Store.
Entrepreneur - an individual, legal entity, or unincorporated organizational unit that is not a legal entity but has legal capacity, conducting business activities on its own behalf, using the Store.
Store - an online store operated by the Seller at the internet address www.kosmetyk.de.
Distance Sales Agreement - an agreement concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the contract.
Terms and Conditions - these terms and conditions of the Store.
Order - the Customer's declaration of intent made using the Order Form and directly aimed at concluding a Sales Agreement for the Product or Products with the Seller.
Account - the Customer's account in the Store, where the data provided by the Customer and information about the Orders placed by the Customer in the Store are collected.
Registration Form - a form available in the Store allowing the creation of an Account.
Order Form - an interactive form available in the Store, allowing the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store's software where the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular, the quantity of products.
Product - a movable item/service available in the Store, the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales agreement concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Agreement also includes - with regard to the characteristics of the Product - a contract for the provision of services and a contract for specific work.
§ 3
Contact with the Store
1. Seller's address: Koperwerf 27, 2544EM The Hague
2. Seller's email address: [email protected]
3. Seller's phone number: +31624923140
4. Seller's bank account number SWIFT: INGBNL2A. IBAN: NL96INGB0006198144
5. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
6. The Customer can communicate with the Seller by phone between 10:00 AM and 06:00 PM.
§ 4
Technical Requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
a. An end device with internet access and a web browser,
b. An active email account (email),
c. Enabled cookie support,
d. Installed FlashPlayer software.
§ 5
General Information
1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require the creation of an Account. The Customer can place orders for Products available in the Store either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
The prices in the Store are listed in euros and are gross prices (including VAT).
4. The final amount payable by the Customer consists of the price for the Product and the cost of delivery, which the Customer is informed about on the Store's pages when placing the Order, including at the moment of expressing the will to enter into a Sales Agreement.
5. In the case of an Agreement involving a subscription or the provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
6. When the nature of the subject matter of the Agreement does not allow, reasonably assessing, for an earlier calculation of the final price, information on how the price will be calculated and on charges for transport, delivery, postal services, and other costs will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
1. To create an Account in the Store, you must complete the Registration Form.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the option to delete the Account at any time, without stating a reason and without incurring any fees for this purpose, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7
Ordering Rules
In order to place an order, you should:
1. Log in to the Store (optional);
2. Choose the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
3. Log in or use the option to place an order without registration;
4. If the option to place an order without registration is chosen, fill out the order form by entering the recipient's data and the delivery address for the Product, select the type of shipment (method of delivering the Product), enter invoice details if they differ from the recipient's data,
5. Click the "Order and Pay" button/click the "Order and Pay" button and confirm the order by clicking the link sent in the email,
6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8, point 3.
§ 8
Available Delivery and Payment Methods
1. The Customer can use the following methods of delivery of the ordered Product:
a. Courier shipment
2. The Customer can use the following payment methods:
a. Electronic payments: iDeal for deliveries within the Netherlands, bank transfer for deliveries within the Netherlands and Belgium
3. Detailed information about delivery methods and acceptable payment methods can be found on the Store's website.
§ 9
Execution of the Sales Agreement
1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form on the online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing by the Seller is made by sending the Customer a relevant email message to the email address provided by the Customer when placing the Order, which includes at least statements by the Seller about the receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. From the moment the Customer receives the above email message, a Sales Agreement is concluded between the Customer and the Seller.
3. The Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this paragraph).
4. In the case of ordering Products with different delivery times, the delivery time is the longest one indicated. In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery in parts or delivery of all Products after completing the entire order.
5. The start of the delivery period for the Product to the Customer is calculated as follows:
a. In the case of the Customer choosing payment by bank transfer, from the date of crediting the Seller's bank account; in the case of payment by iDeal, from the date of completing the order preparation.
6. In the case of ordering Products with different readiness dates for pickup, the readiness period for pickup is the longest one indicated.
7. In the case of ordering Products with different readiness dates for pickup, the Customer has the option of collecting the Products in parts (in accordance with their readiness for pickup) or collecting all Products after completing the entire order.
8. Product delivery takes place within the Netherlands and Belgium.
9. Product delivery to the Customer is chargeable, unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport, delivery, and postal services charges) are indicated to the Customer on the online Store's pages in the "Delivery Costs" tab and when placing the Order, including when the Customer expresses the will to conclude a Sales Agreement.
§ 10
Right of Withdrawal from the Agreement
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in para. 1 begins with the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of an Agreement that covers multiple Products delivered separately, in batches, or in parts, the deadline mentioned in para. 1 runs from the delivery of the last item, batch, or part.
4. In the case of an Agreement that involves regular delivery of Products for a specified period (subscription), the deadline specified in para. 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send the statement before the deadline expires.
6. The statement can be sent electronically to the Seller's email address.
7. If the statement is sent by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
8. Effects of withdrawing from the Agreement:
a. In the case of withdrawal from a distance Agreement, the Agreement is considered not concluded.
b. In the case of withdrawal from the Agreement, the Seller shall reimburse the Consumer immediately, no later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the Agreement, for all payments made by them for the goods, excluding delivery costs.
c. The refund will be made by the Seller using a bank transfer.
d. The Seller may withhold the refund until the Product is returned.
e. The Consumer should return the Product to the Seller's address given in this Regulation immediately, no later than 14 days from the day they informed the Seller of their withdrawal from the Agreement. The deadline will be considered met if the Consumer returns the Product before the 14-day deadline expires.
9. The right to withdraw from a distance Agreement does not apply to the Consumer in relation to the Agreement:
a. for which the subject of the service is an unprocessed item, made according to the Consumer's specifications or serving to satisfy their individual needs,
b. for which the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the packaging was opened after delivery,
c. for which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
d. for the provision of services if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the service began that after the service is provided, they will lose the right to withdraw from the Agreement,
e. for 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 withdrawal period expires,
f. for which the subject of the service is items that, by their nature, are inseparably mixed with other items after delivery.
§ 11
Complaint and Warranty
1. New Products are covered by the Sales Agreement.
2. The Seller is obliged to deliver the Customer a product free from defects.
3. In the event of a defect in the purchased item from the Seller, the Customer has the right to make a complaint.
4. The complaint should be submitted in writing or electronically to the addresses provided by the Seller in this Regulation.
5. It is recommended that the complaint includes a concise description of the defect, circumstances (including the date) of its occurrence, data of the Customer making the complaint, and the Customer's request regarding the defect of the goods.
6. The Seller will respond to the complaint promptly, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request is justified.
7. Items returned as part of the complaint procedure should be sent to the address given in § 3 of this Regulation.
§ 12
Out-of-Court Complaint Resolution and Claims Enforcement Methods
1. Detailed information regarding the possibility for the Consumer to use out-of-court methods of complaint resolution and claims enforcement, as well as the rules of access to these procedures, are available at the offices and on the websites of consumer ombudsmen and social organizations whose statutory tasks include consumer protection.
§ 13
Personal Data in the Online Store
1. The administrator of personal data of Customers collected through the Online Store is the Seller.
2. Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer gives consent, also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary who carries out shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic payments in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing these payments in the Online Store.
4. The Customer has the right to access the content of their data and to correct it.
5. Providing personal data is voluntary, although failure to provide the personal data required by the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude such an agreement.
§ 14
Final Provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for valid reasons, such as changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes with at least 7 days' notice.