§ 1 General provisions
1. These Regulations define the general conditions, method of providing services by electronic means and sales conducted by means of instalash.pl Internet Store.
2. Contact with the Seller is via e-mail firstname.lastname@example.org and by phone on weekdays between 10:00 and 16:00 at the number +48 577 999 610
3. “INSTALASH” is a registered trademark owned by VARSOVIA INC. sp z o.o. Al. Grunwaldzka 56/113, 80-241 Gdańsk, NIP: 9571075711.
4. The instalash.pl online shop is owned by VARSOVIA INC. sp z o.o. Al. Grunwaldzka 56/113, 80-241 Gdańsk. The entity authorised by VARSOVIA INC. sp. z o.o. to carry out sales and service of the instalash.pl shop is Maximum Effect Paweł Jeglicki, Al. Grunwaldzka 56/113, 80-241 Gdańsk, NIP 9571036757, who thereby becomes the responsible entity in the aforementioned shop.
§ 2 Definitions
The terms used in the Regulations mean:
- Working days – these are days from Monday to Friday, excluding public holidays.
- Customer – a natural person with full or limited legal capacity, who is not an entrepreneur, who places an Order in the Online Store or uses other services available in the Online Store.
- Goods – products presented in the Online Store, the description of which is available for each of the presented products.
- Order form – Electronic Service that allows you to place an order.
- Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
- Sales contract – a product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
- Newsletter – an Electronic Service provided by the Seller via e-mail, which enables the Seller to receive information about Products, news and promotions in the Online Store.
§ 3 Using the Online Store and services provided
- The Seller enables the use of free services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the Order form. The customer may at any time withdraw consent to the sending of commercial information. The contract for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription. In this case, the Seller will delete the Customer’s e-mail address without undue delay.
- The customer has the option of posting individual and subjective statements relating to, inter alia, to the Goods or the course of the transaction and adding photos to statements. By adding statements, the customer declares that he has all rights to this content, in particular copyrights, related rights and industrial property rights.
- Statements and photos should be edited in a clear and understandable manner, and they must not violate applicable law, including laws third parties – in particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition.
- The Seller shall be entitled to refrain from posting statements that are inconsistent with the facts, contrary to law, infringing the rights of third parties or the Seller (in particular, personal rights, copyrights, related rights, industrial property rights or other) or contrary to the principles of social intercourse or morality.
- By posting statements and photos, the Customer agrees to the free use of this statement and photos and their publication by the Seller, as well as the preparation of works within the meaning of the Act on copyright and related rights (Journal of Laws 1994 No. 24 item 83) .
- In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after an unsuccessful call to cease or remove the violations with an appropriate deadline, may terminate the contract for the provision of services with a 14-day notice period.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Store’s websites each time.
- Promotions in the Online Store may not be combined, unless the Regulations of a given promotion provide otherwise.
§ 4 Procedure for the conclusion of the Sales Agreement
- Information about the Goods provided on the websites of the Online Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract.
- All Goods available in the Online Store are brand new, free from physical and legal defects.
- To place an order, it is necessary to fill in the order form.
- Filling in the order form is tantamount to concluding a sales contract by the Buyer and each time accepting the store’s regulations.
- The Regulations are an integral part of the sales contract concluded with the Customer.
- The condition for concluding the sales contract is the acceptance of the Regulations by the Customer.
- In the order summary, there is information about the total price of the subject of the order and about delivery costs. The customer is informed about all costs when completing the order form.
- The www.instalash.pl store has no other hidden costs.
- The order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a contract of sale of the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer, if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance of the Order, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and a sales contract is concluded upon its receipt by the Customer.
- After concluding the sales contract, the Seller confirms to the Customer its terms by sending them to the Customer’s e-mail address
- The store has the right to refuse to accept the order, terminate the Sales Agreement, limit the method of payment or demand a prepayment in the event that the order raises justified doubts as to the veracity and reliability of the given data or the method of payment.
- The parties are bound by the information contained on the Store’s website at the time of placing the order, in particular: price, product characteristics, its features, elements included in the set, date and method of delivery.
- As soon as the Customer makes the payment for the ordered goods, the payment method described in §5 section 2a of these Regulations, and the Seller receives a confirmation from the settlement agent’s system that the payment has been made by the Customer, the Sales Agreement becomes a confirmation of the customer’s purchase.
- When the Customer makes the payment for the ordered goods with the payment method described in §5 section 2b of these Regulations, the Sales Agreement becomes the customer’s purchase confirmation after receiving the parcel from the courier and paying him the entire amount for the order.
- The order is saved in the online store system as proof of the contract.
§5 Prices, methods and terms of payment. Shipment of Goods.
- The prices of the Goods are given in Polish zlotys.
- The Customer may choose the following payment methods: a. Electronic payment, including a payment card (* Visa * Visa Electron * MasterCard * MasterCard Electronic * Maestro) (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and the shipment will be made immediately after completing the Order); b. cash on delivery, payment by the supplier when making the delivery (in this case, the implementation of the Order and its shipment will begin after the Seller sends the Customer confirmation of the Order and completing the Order);
- If the Customer selects electronic payment, the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller may withdraw from the sales contract pursuant to art. 491 of the Civil Code.
- The entity providing online payment services is Blue Media S.A. with headquarters in Sopot, ul. Powstańców Warszawy 6, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000320590, NIP 5851351185 and REGON 191781561.
- If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment in cash upon delivery.
- The delivery of the Goods is limited to European countries and takes place to the address provided by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods: a. Via a courier company, b. Via a postal operator, c. Via Paczkomaty.
- Delivery costs will be indicated at the time of placing the Order.
- The delivery and order processing time is counted in working days.
- The deadline for delivery of the product to the customer in the country is 1-14 business days if you choose delivery via the postal operator, or 1-5 days working in the case of a courier company and parcel lockers.
- The deadline for delivery of the product to European countries other than Poland is 10-20 business days in the case of selecting delivery via a postal operator, or 3-10 business days in the case of a courier company.
- The delivery dates listed in the “Delivery and Payments” tab on the website are approximate, averaged for the selected delivery method. In rare cases, the delivery may be extended in accordance with the dates specified in the Regulations, which results from the logistics carried out by the selected carrier.
- The Seller reserves the right to ship the order within 1-14 business days, regardless of the chosen method of delivery, if the Sales Agreement was concluded with the Customer during the promotion.
- The customer is obliged to check the parcel in the presence of the courier. If a shipment is damaged, it is necessary to draw up a transport damage report and immediately notify the Seller of this fact by sending an e-mail. Failure to write a damage report with the courier will prevent the initiation of the complaint procedure, and thus the return of the goods.
- In the event of any deficiencies in the shipment, please contact us immediately by phone or e-mail, but no later than within 24 hours. from the moment of receiving the parcel from the courier.
§ 7 Complaints about the Goods under the warranty
- The Seller is liable to the Customer, including the Customer who is a consumer within the meaning of Art. 22  of the Civil Code, under the warranty for defects under the terms of art. 556 – 576 of the Civil Code.
- On its basis, the Customer has the right to make a complaint about the purchased goods, if, after receiving it, the goods show: manufacturing defects; damage caused in during transport; non-compliance with the order.
- The customer has 30 calendar days to file a complaint from the date of receipt of the goods in the case of manufacturing defects and 24 hours from the moment of receipt of the goods in the case of damage caused during transport and non-compliance with the order.
- Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the e-mail address email@example.com. The customer may use the Complaint form, which can be found in the Return and Complaint tab, located in the footer of the page.
- The Customer attaches to the e-mail a description of the damage, an electronic confirmation of the purchase, and also sends photos or a short video of the damaged Goods.
- In order to consider the complaint of the Goods, the Customer should send the claimed Goods together with the completed complaint form and electronic confirmation. making a purchase to the address of the Seller. The return of the Goods should take place immediately, no later than within 7 consecutive calendar days from the day on which the Store provides the Customer with the address for sending the Goods. The returned Goods should be properly secured and packed and sent back complete, intact.
- The store does not accept any parcels sent COD.
- The Seller, within 14 days from the date of receipt by the Store of the shipment with the goods complained about, undertakes to consider each complaint, including assessing its legitimacy on the basis of the returned goods. The condition of the returned goods, any signs of use or damage resulting from improper use of the material are subject to control.
- In the event of deficiencies in the complaint, the Seller will call the Customer to supplement them to the extent necessary immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
- After considering the complaint, the Customer will be immediately informed about its result.
- If the complaint is accepted, the defective product will be replaced with another, full-value product and sent to the Customer at the Store’s expense by registered economic mail, and if it is no longer possible, the Store will offer the Customer to replace the product with another. If the customer does not want to exchange the goods for another, the store will refund the customer the equivalent of the purchase price of the goods that cannot be re-delivered. The refund of the purchase price of the goods will be made using the same method of payment as used by the consumer or by transfer to the customer’s bank account. The Store will refund the purchase amount of the advertised Goods within a maximum of 14 (say: fourteen) days after the complaint has been approved.
- In the event of a breach by the Customer of the conditions set out in §7 section 3, 4, 5, 6, 7, 9 of these Regulations, the complaint declaration is ineffective, the goods are not subject to exchange and the amount paid is not refunded to the Customer.
- The eyelashes are produced by hand, so there may be slight differences in length between the individual strips of the eyelashes or between the lengths given on the website. However, this does not hinder the proper use of eyelashes. Therefore, these differences will not be recognized as grounds for a complaint.
- Eyelashes and cosmetics are products that deteriorate quickly during use – the product consumes quickly. The period of use-by date from the date of delivery of the product to the Customer is 30 calendar days for eyelashes. After this time, the eyelashes may wear out or show defects that prevent them from continuing use.
- In the case of cosmetics, the shelf life from the time the product is delivered to the Customer and from the time the product is opened is the period specified on the cosmetic packaging. After this time, the cosmetic may wear out or show defects that prevent its further use.
- Differences in the appearance of the goods delivered with the ordered, viewed on the Store’s website, which may result from Client monitor settings.
- Complaints are not subject to goods with clear traces of use, misused goods that comply with its description on the website, goods whose shelf life has expired after opening the cosmetic, goods that have expired or stored contrary to the manufacturer’s recommendations.
§ 8 Right to withdraw from the contract
- A customer who is a consumer within the meaning of Art. 22  of the Civil Code may withdraw from it without giving any reason by submitting an appropriate declaration within 14 calendar days. To meet this deadline, it is enough to send a statement before its expiry.
- The 14-day period is counted from the day following the day on which the Goods were delivered.
- The Buyer may resign from some or all of the ordered goods.
- The customer may formulate the declaration on his own and send it to the e-mail address firstname.lastname@example.org or use the model declaration of withdrawal, which can be found in the Return and Complaint tab, placed in the footer of the page. The customer attaches to the message an electronic confirmation of the purchase.
- The seller, upon receipt of the declaration of withdrawal from the contract by the consumer, will send to the consumer’s e-mail address confirmation of receipt of the declaration of withdrawal from the contract, indicate the next steps to be performed (if necessary, e.g. sending photographic documentation) and indicate the address for returning the goods .
- In the event of withdrawal from a distance contract, the contract is considered null and void. The returned goods should be intact, including complete, in original packaging, and with no signs of use. The return of the Goods should take place immediately, not later than within 14 days from the date of sending the return statement to the Seller. The purchased Goods should be returned to the Seller’s address.
- The buyer sends the goods with an electronic confirmation of purchase and a declaration of withdrawal from the contract. Returned goods should be accordingly protected and packed.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the returned Goods, return to the consumer all payments made by him, including the costs of delivering the Goods to the Customer. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer agrees to a different method of return, and this method will not involve any cost for the consumer.
- If the consumer has chosen a method of delivering the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the consumer.
- The customer bears only the direct cost of returning the Goods.
- The Store does not accept any parcels sent COD.
- If the order contains additional discount codes reducing the amount to be paid for the order, the amount of the refund will be reduced in proportion to the discounts used, also in the case of partial return of the Goods.
- In the event of a breach by the Customer of the conditions set out in §8 section 1, 2, 4, 6, 11 of these Regulations, the declaration of withdrawal from the contract is ineffective, the goods are not returnable, and the Store does not refund the amount paid to the Customer.
- The right to withdraw from the contract is not entitled to the Consumer, inter alia in relation to contracts:
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service is an item that, due to health protection, hygiene and safety reasons, cannot be reused used by a new buyer if the goods are sold a second time. In the event of a return, the goods cannot be previously unsealed with a seal securing the packaging (the seal must not be damaged / unsticked / cut. The seal must be intact);
§ 9 Personal data protection
- The Customer may also express a separate consent to receive advertising and promotional materials from the Store.
- The administrator of the data set in which the Customers’ personal data will be processed is the instalash.pl online store.
- The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is: a sales contract or actions taken at the request of the Buyer to conclude it (Article 6 (1) (b) of the GDPR), the Seller’s legal obligation related to accounting (Article 6 (1) point c) and the legitimate interest of the Seller, including the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
§ 10 Provisions regarding entrepreneurs
- This section of the Regulations and the provisions contained therein apply only to Customers who are not consumers.
- The Seller has the right to withdraw from the sales contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer.
- In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a sales contract.
§ 11 Intellectual property
- It is forbidden to use any materials published on the Store’s website and social media belonging to instalash.pl (including photos and descriptions of goods) without the Store’s written consent.
§ 12 Final provisions
- The content of these Regulations may be amended at any time, and shall become effective upon their publication on the Store’s website. The previous provisions will apply to orders placed before the date of amendment to the Regulations.
- All correspondence related to the order, in particular, will be sent to the Customer to the e-mail address provided by him.
- INSTALASH reserves the right to assign all or part of its rights and obligations related to the Website, without the need to obtain consent and the possibility of expressing any objections by the Customer.
- In matters not covered by these regulations, generally applicable provisions of Polish law and other relevant provisions shall apply generally applicable law.