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Store Regulations

Table of contents

 

ONLINE STORE TERMS AND CONDITIONS www.basement room.en
z28.10.2019

TABLE OF CONTENTS

I.Definitions

The terms used in the Regulations shall mean:

  • Customer – a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity under specific provisions, which places an Order through the Store;
  • A consumer is a natural person who acts for purposes unrelated to their commercial, business, or professional activities..Art.Section 22 of the Civil Code (CC).
  • Entrepreneur – a natural person, a legal entity, or an organizational unit referred to in Article.Section 33(1) of the Civil Code, conducting business or professional activities in their own name.
  • Civil Code - the law of April 23, 1964.(OJ.U.No. 16, pos.93 as amended.);
  • Terms and Conditions – These Terms and Conditions for the Provision of Electronic Services through the online store www.basement room.en
  • Online store (Store) - an Internet service available at www.basement room.pl, through which the Customer can, in particular, place Orders;
  • Goods – products offered in the Online Store;
  • Sales Agreement – an agreement for the sale of Goods as defined in the Civil Code, entered into between Lady's Nails Cosmetics and the Customer through the Store’s website;
  • Act on Special Conditions for Consumer Sales – Act of July 27, 2002.on specific terms and conditions of consumer sales and on amendments to the Civil Code (Journal of Laws.U.No. 141, item.1176, as amended.);
  • Law on the provision of services by electronic means - the law of July 18, 2002.on the provision of services by electronic means (Dz.U.No. 144, item.1204 as amended.);
  • Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying, in particular, the type and quantity of the Goods;
  • Data Protection Officer — an authority, organizational unit, entity, or individual responsible for ensuring the security of personal data processed for the proper operation of the online store;
  • Data controller—an authority, organizational unit, entity, or natural person that determines the purposes and means of processing personal data;  
  • GDPR – REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016.on the protection of individuals with regard to the processing of personal data and on the free movement of such data

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II.General provisions

2.1. These Terms and Conditions set forth the rules for using the online store available at www.basement room.en

2.(2) These Regulations are the regulations referred to in Art.8 Law on Provision of Electronic Services.

2.3. online store, operating under www.basement room.pl, is operated by Lady's Nails Cosmetics.

2.(4) These Regulations set forth in particular:

(a) the rules for registering and using an account within the online store;

b) the terms and conditions for making electronic reservations for products available through the online store;

c) the terms and conditions for placing Orders electronically through the Online Store;

d) principles of concluding Contracts of Sale with the use of services provided by the Internet Store.

    2.(5) The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

a) Internet Explorer version 7 or later,

b) Mozilla Firefox version 4 or later,

c) Google Chrome, Safari, Opera, 

d) minimum screen resolution of 1280 x 720 pixels.

2.(6) In order to use the online store, the customer should on his own access to a computer workstation or terminal device, with access to the Internet.

2.7. In accordance with applicable law, Lady's Nails Cosmetics reserves the right to restrict the provision of services through the Online Store to individuals who are at least 18 years of age.In this case, potential customers will be notified of the above.

2.8. customers may access these Terms and Conditions at any time through a link provided on the home page of the website.basement room.pl and download it and make a printout of it.

2.(9) Information about the Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art.71 of the Civil Code.

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III.Rules of use of the Online Store

3.(1) The condition to start using the Online Store is to register with it.

3.2 Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.

3.3. To register, you must agree to the Terms and Conditions and provide the personal information marked as required.

3.4. Lady's Nails Cosmetics may revoke the Customer’s right to use the Online Store, as well as restrict the Customer’s access to part or all of the Online Store’s resources, with immediate effect, in the event of a violation of these Terms and Conditions by the Customer, and in particular when the Customer:

a) provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,

b) committed through the online store a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store,

c) engages in other conduct that Lady's Nails Cosmetics deems to be in violation of applicable laws or general principles of Internet use, or that damages the reputation of Lady's Nails Cosmetics,

d) does not make purchases at the online store,

e) acts on behalf of or for the benefit of Lady's Nails Cosmetics' competitors.

3.5. A person who has been barred from using the online store may not re-register without the prior consent of Lady's Nails Cosmetics.

3.(6) In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

3.7 In particular, the customer shall:

a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,

b) to use the Online Store in a manner that does not disrupt its operation, in particular by using specific software or devices,

c) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,

d) to use the Online Store in a manner that does not inconvenience other customers or Lady's Nails Cosmetics,

e) use any content posted within the Online Store only for your own personal use,

f) use the Online Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

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IV.The procedure for concluding a sales contract

4.(1) In order to conclude a Sales Contract through the Online Store, you should visit the website www.basement room.pl, select the products offered in the store by following the technical steps based on the messages displayed to the customer and the information available on the website.

4.2 The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.

4.(3) During the placement of the Order - until the moment of pressing the "Order" button - The Customer has the possibility to modify the entered data and in the selection of Goods.To do so, follow the messages displayed to the customer and the information available on the website.

4.(4) After the Customer using the Online Store has entered all the necessary data, a summary of the submitted Order will be displayed.The summary of the submitted Order will include information regarding:

(a) the subject matter of the contract,

b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),

(c) the selected payment method,

(d) the selected method of delivery,

(e) delivery time,

4.5. To submit an Order, you must accept the Terms and Conditions, provide the personal information marked as required, and click the “Order” button..

4.6. The Customer’s submission of an Order constitutes a declaration of intent to enter into a Sales Agreement with Lady’s Nails Cosmetics, in accordance with these Terms and Conditions.

4.7. After placing an Order, the Customer receives an email titled “Order Confirmation No. ”, containing final confirmation of all material elements of the Order.

4.8. the Agreement shall be deemed concluded upon receipt by the Customer of the e-mail message referred to above.

4.9. the sales contract is concluded in the Polish language, with the content in accordance with the Regulations.

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V.Delivery

5.1. the Delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.

5.2. The ordered Goods are delivered via courier, by mail, or through in-person pickup at the Lady's Nails Cosmetics brick-and-mortar store.Shipping costs are SHIPPING COSTS.In addition, shipping costs will be indicated when placing the Order.Shipping costs for unusual or non-standard items such as furniture and equipment (podiatrist chairs, beauty salon chairs, beauty and podiatry cabinets, chairs, pedicure carts) imported from abroad based on an individual customer order are listed in the descriptions of the individual products and will be added to the order total after the order is placed, provided these costs have been agreed upon with the customer in advance.

5.3. Lady's Nails Cosmetics delivers the goods to the customer via the carrier or shipping service (courier or postal service) selected by the customer when placing the order, in their original packaging and free of defects.The goods are inspected immediately before packaging and shipment to ensure their quality, quantity, and functionality (tools, equipment).

5.4. Delivery takes 2 to 4 business days from the date the Customer places the Order within Poland.For orders involving goods imported from abroad, particularly those made to the customer’s individual specifications (e.g., podiatry chairs, beauty chairs, beauty and podiatry cabinets, and chairs) The customer will be notified by phone or email regarding the delivery date of their order.In this case, the delivery date depends on the manufacturer of the ordered goods.Lady's Nails Cosmetics is not liable for delays caused by carriers and freight forwarders through their own fault (weather conditions, traffic jams, damage to the transport fleet).

5.5. Upon receiving the package, the customer should unpack it in the presence of the delivery person.Check that the product packaging is complete and undamaged.If mechanical damage to the packaging or product is found that may indicate damage sustained during transport, a “damage report” must be prepared and a note to that effect must be added to the waybill retained by the courier.The report should be signed by the customer and the delivery person.The damage report is one of the requirements for accepting a complaint and should be sent immediately to Lady's Nails Cosmetics by fax or other means (e.g., a scanned copy of the document via email to kontakt@podosklepik.(pl) “with acknowledgment of receipt”.

5.6. Customers may access these Terms and Conditions at any time via the link provided on the website’s homepage at www.basement room.pl and download it and make a printout of it.Recording, securing, making available and confirming to the Customer the important provisions of the Goods Sales Agreement is done by sending to the Customer at the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation, the order specification and the VAT invoice.

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VI.Prices and payment methods

6.(1) The prices of the Goods are quoted in Polish zloty and include all components, including VAT (distinguished by the rate), customs duties and any other components.

6.2 The customer has the option to pay the price:

a) by bank transfer to account number (ING) 94 1050 1676 1000 0022 8810 0056,

b) payment via the P24 electronic payment system or PayPal

c) Cash-on-delivery shipping; the customer pays for the goods upon receipt of the shipment.

If the Customer fails to pick up a package containing the ordered merchandise: ""cash on delivery," the Store will charge the buyer for the return shipping costs (for the unclaimed package) and reserves the right to send a new shipment only if payment is made "in advance" to the Store’s bank account
(ING) 94 1050 1676 1000 0022 8810 0056 
If the Customer declines this option, they are responsible for the shipping costs of the unclaimed package and the return shipping costs to the sender, and agree to a 14-day payment term..Otherwise, the case is referred to enforcement proceedings.

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VII.Right to Withdraw from the Contract

7.1. the customer, being a consumer as defined in art.Under Article 22[1] of the Civil Code, you have the following rights under the law – the right to withdraw from a distance contract, without giving any reason, by submitting an appropriate written statement within 14 days and sending it to the Lady's Nails Cosmetics address provided in these Terms and Conditions.

7.(2) The 14-day period shall be counted from the day on which the Goods were delivered.

7.3. The consumer’s right to cancel the contract is excluded in the following cases:

  • the commencement—with the consumer’s consent—of the provision of services via the Internet.basement room.pl, within 14 days of the contract’s conclusion;

  • music and audiovisual recordings, as well as computer programs stored on digital data storage media, after the consumer has removed their original packaging;

  • regulations, forms, specifications, safety data sheets, customer cards, and instructions ordered by the Customer for specific purposes.

  • contracts for services where the price or remuneration depends solely on price movements in the financial market;

  • goods (services) with characteristics specified by the consumer in the order placed by him or her, or closely related to him or her; goods imported at the Customer’s request (e.g., podiatry chairs, beauty chairs, beauty and podiatry cabinets, chairs, pedicure carts).

  • goods that, due to their nature, cannot be returned or that are subject to rapid deterioration;

  • a contract in which the subject of the service is an item delivered in sealed packaging that cannot be returned after the packaging has been opened for health or hygiene reasons, if the packaging was opened after delivery; this applies to opened containers of creams, lotions, gels, acrylics, nail art and nail polish, facial masks, scrubs, wax, henna, adhesives for eyelashes and nail tips, removers, primers, liquids, degreasers, disinfectants, tissues, bandages, custom-made orthotics, and single-use products.

  • a contract in which the subject matter of the performance is an item subject to rapid wear and tear; this applies in particular to precision tool blades, such as disposable surgical scalpel blades, podiatry chisels, and podiatry clipper blades, which may become damaged as a result of use.

7.(4) In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.The items provided by the parties shall be returned in their original condition, unless a change was necessary within the scope of ordinary management..The refund should be issued immediately, no later than within 14 days.Please return the purchased merchandise to the following address:

Lady's Nails Cosmetics
17 Świętego Stanisława Street
44-240 Żory

7.5. Goods returned by the Customer should be properly packaged and secured to ensure that the shipment is not damaged during transport (cardboard box plus cushioning materials, e.g., Styrofoam, cushioning film)..If the merchandise was delivered in its original packaging, it should be returned in that same packaging.

7.6. The Customer is responsible for the cost of packaging, returning the merchandise to the seller, and the associated risk.

7.7. The value of the returned goods will be refunded to the customer’s bank account no later than 14 days from the date of receipt of the notice, upon receipt of the goods undamaged during shipping..The customer does not ship goods using the "cash on delivery" option.

7.8. Lady's Nails Cosmetics will reimburse the cost of the cheapest shipping option offered in the store.This applies to shipping costs to the customer.The customer is responsible for shipping costs from the customer to the store.Lady's Nails Cosmetics is not obligated to reimburse the customer for any additional costs incurred by the customer.

7.9. A consumer has the right to file a complaint under the warranty if the consumer good is defective.In particular, when a physical defect in the ordered product means that it lacks the characteristics that a product of this type should have,  or if it lacks characteristics that the seller assured the consumer it would have, or if it is unsuitable for the purpose that the buyer communicated to the seller, or if the ordered product was delivered to the buyer in an incomplete condition.Legal basis: Art..Sections 556 1 and 556 3 of the Civil Code.

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VIII.Complaints about Goods

      8.1. Lady's Nails Cosmetics, as the seller, is liable to the Customer who is a consumer within the meaning of Art..Section 22[1] of the Civil Code, for nonconformity with the Contract of Sale of Goods purchased by that consumer, to the extent specified in the Act on Special Conditions of Consumer Sales.

8.2. Complaints arising from a violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to kontakt@podosklepik.en.Lady's Nails Cosmetics undertakes to resolve every complaint within 14 days, and if this is not possible, to inform the customer within that period of when the complaint will be resolved.

8.3. Lady's Nails Cosmetics is not a manufacturer of goods.The manufacturer is liable under the warranty of the sold Goods under the conditions and for the period indicated in the warranty card.If the warranty document provides for this possibility, the customer may submit his claims under the warranty directly to the authorized service center, the address of which can be found in the warranty card.
Lady's Nails Cosmetics will promptly replace a defective item with a non-defective one or repair the defect without causing undue inconvenience to the buyer.If this is not possible because the item is out of stock, or if the customer requests a refund, the store will refund the customer the equivalent of the product's price or offer the customer a choice of other items available in the store.

8.4. Consumer Complaint Procedures

      a) Replacement or repair of the goods.

A consumer has the right to have defective goods replaced or repaired; a business may refuse to comply with this request provided that the option chosen by the consumer:

  • would be impossible for the seller to fulfill—for example, because production of certain replacement parts or the entire product has been discontinued
  • compared to the second possible request, it would entail excessive costs—for example, a request to replace the entire device with a new one if the damage involves a single component of low value.


b) Price reduction or cancellation of the contract.

A consumer who files a complaint with a seller under the warranty also has the right to request rescission of the contract or a price reduction.

  • A consumer may request to withdraw from the contract only if the defect is material—for example, serious engine damage;
  • A request for a price reduction should be accompanied by a specification of the amount by which the price is to be reduced (taking into account the value of the defective goods and the value of the goods in good condition).


c) Warranty Period

The seller is liable to the consumer for the goods sold if a defect is discovered within 2 years of the date of delivery.
This period cannot be shortened, except in the case of used goods, for which the seller may limit the period of liability to a maximum of one year.The consumer should be informed of the shortened deadline before the contract is concluded.
Legal basis: Art..556(2), 557(1), and 568 of the Civil Code.

d) How to File a Complaint

A complaint may be filed in any form.For evidentiary purposes, it is safest to do this in writing.Please describe the defect you have noticed and specify your claims under the warranty..
The consumer may submit the complaint letter to the seller in person (with a separate copy signed for confirmation) or send it by certified mail with a return receipt requested.
Legal basis: Art..Section 558(1) of the Civil Code.

e) Deadline for filing a complaint

The consumer must submit a claim under the warranty to the seller within one year of discovering the defect—however, it is best to report it as soon as it is discovered.It is worth noting that this in no way shortens the seller’s liability period, which is 2 years from the date the item was delivered.
Legal basis: Art..568 § 2 and 3 of the Civil Code.

f) Timeframe for processing complaints

If the consumer’s request in a complaint concerns:

  • repairs to merchandise,
  • exchange of the item for a new one,
  • a reduction in the price of the goods,

 

The business is required to address the complaint within 14 calendar days of the date it was filed.
Legal basis – Art..Article 561(5) of the Civil Code.

g) Complaint-related costs

A consumer filing a complaint should deliver the defective item, at the seller's expense, to the location specified in the contract.
Legal basis: Art..561, Section 2, paragraphs 1 and 2, Art..561, Section 3, Art..Sections 566 and 574 of the Civil Code.

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IX.Complaints regarding the provision of electronic services

9.1. Lady's Nails Cosmetics takes steps to ensure that the Store operates correctly, to the extent permitted by current technical knowledge, and undertakes to resolve any issues reported by Customers within a reasonable time frame.

9.2. The Customer is required to immediately notify Lady's Nails Cosmetics of any irregularities or disruptions in the operation of the Online Store.

9.3. The Customer may report any issues related to the operation of the Store:

    • Submit in writing to the following address:

      Lady's Nails Cosmetics
      17 Świętego Stanisława Street
      44-240 Żory,

 

  • by email at kontakt@podosklepik.en
  • using the contact form
      9.(4) In the complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.

9.5. Lady's Nails Cosmetics agrees to review each complaint within 14 days, and if this is not possible, to inform the Customer within that period when the complaint will be reviewed.

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X.How the Warranty Is Honored

10.1. Equipment available on the website.basement room.pl is covered by a 24-month warranty period.The exception is used equipment, which is covered by a 12-month warranty period.In each of these cases, the warranty period begins on the date the goods are delivered to the consumer.

10.2.  If, during the warranty period, defective equipment has been replaced with new equipment, or if significant repairs—such as replacement of the motor or the display/touchscreen of podiatry milling machines—have been performed, the warranty period shall begin anew from the moment the replaced or repaired item is delivered to the customer.In the case of the replacement of a single part belonging to the product subject to a warranty claim due to normal wear and tear (carbon brushes, bearings, collet sleeves for pedicure drills, lamp bulbs), the warranty period does not restart and this is a paid service.

10.3. The warranty covers labeled and sealed equipment purchased at www.basement room.en
The absence of markings or broken seals will void the warranty.

10.4. The warranty document (warranty + user manual) is provided with the product.

10.5. Delivery or Provision of Goods.
A consumer filing a warranty claim is required to ship the defective item, at the guarantor’s expense, to the following address:

Lady's Nails Cosmetics
17 Świętego Stanisława Street
44-240 Żory 

or to the location specified in the warranty or the place of delivery of the goods.
However, if the circumstances (e.g., the large size of the item or the complexity of its assembly) indicate that the defect should be repaired on site, the consumer is required to make the goods available to the warranty provider at home

10.6. Lady's Nails Cosmetics will remedy any defects in the equipment through the website without delay, no later than 14 days from the date the consumer delivers the item to it.The exception is warranty repairs for podiatry milling machines, which are sent directly to the manufacturer in Germany.The customer then receives a replacement milling machine without incurring any rental costs for the equipment.

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XI.Collection and Processing of Personal Data

11.1. By accepting the terms and conditions, the customer consents to the processing of personal data by the data controller for the purpose of fulfilling the order.

11.2 Pursuant to Article.13 mouth.1 and para..Article 2 of the General Data Protection Regulation of April 27, 2016.I would like to inform you that:

  • The controller of the personal data of the online store’s customers is Lady’s Nails Cosmetics, with its registered office in Żory, on Św..17 Stanisława Street, 44-240 Żory.
  • For the position of p.o.Mr. Marek Musioł has been appointed as the personal data administrator m.musiol@ladys-nails.eu;  
  • Mr. Mariusz Kołatek has been appointed Data Protection Officer..kolatek@ladys-nails.eu;
  • Providing personal data is voluntary but necessary for the proper processing of orders pursuant to Art..Section 6, paragraph 1, subparagraph b;  
  • The customer has the following rights:
    • the right to access your personal data pursuant to Art..15
    • the right to rectify data pursuant to Art..16
    • the right to restrict processing pursuant to Article.18
    • the right to data portability pursuant to Art..20
    • the right to object pursuant to Art..21
    • the right not to be subject to a decision based solely on automated processing pursuant to Article.22
    • the right to have data erased and to withdraw consent to the processing of personal data pursuant to Article.17.

11.3 The data of a customer exercising the right to erasure is deleted from the data controller’s database immediately; however, documents relating to previous transactions will be stored in the data controller’s archive for a period of 5 years from the end of the calendar year in which the tax payment deadline for the transaction in question expired (Art..(Section 70 of the Tax Code).

11.4 If consent to the processing of personal data is not withdrawn, such data will be retained for the following period: 

  • 5 years from the end of the calendar year in which the tax payment deadline for the last transaction carried out for the customer expired, if transactions were concluded;
  • 5 years from the date of the customer's last login, if the customer is active in the store but does not make any purchases.

11.5 The customer has the right to file a complaint with GIODO if they believe that the processing of personal data violates the provisions of the GDPR.

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XII.Final provisions

12.1. Resolution of any disputes arising between Lady's Nails Cosmetics and a Customer who is a consumer within the meaning of Art..Section 22[1] of the Civil Code is subject to the jurisdiction of the courts designated in accordance with the relevant provisions of the Code of Civil Procedure.In cases of dispute, consumers may also turn to the Office of the Consumer Ombudsman (UOKiK) or another out-of-court institution authorized to resolve such disputes..disputes.

12.2. Resolution of any disputes arising between Lady's Nails Cosmetics and a Customer who is not a consumer within the meaning of Art..Section 22[1] of the Civil Code, the matter shall be submitted to the court having jurisdiction over the registered office of Lady's Nails Cosmetics.

12.3. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other applicable provisions of Polish law, as well as European Union law—in particular the GDPR—shall apply..

Read the additional information on this topic: Can I return this product??

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