RULES
RULES OF PROCEDURE FOR THE PROVISION OF ELECTRONIC SERVICES
§1. General provisions
1. The Seller provides the Services in accordance with the Rules of Procedure and the provisions of generally applicable law.
2. The Services are provided via the Store website 24 hours a day, 7 days a week.
3. The Seller shall make these Terms and Conditions available on the website of the Store and may attach them to an email containing statements of acceptance of the Customer's offers. Customers can: access, fixate, acquire and reproduce the Terms and Conditions by printing or storing on the data medium.
4. The information provided on the website of the Store does not constitute the offer of the Seller within the meaning of Article 66 of the Civil Code Act, and only the invitation of the Customers to tender for the conclusion of the contract, in accordance with Article 71 of the Civil Code Act.
5. In order to use the Store, it is necessary for the Customer to have an IT device with Internet access, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, or Opera, with JavaScript enabled, and an active and correctly configured email account.
6. The use of the Store may entail the Customer's incurring charges for access to the Internet and data transmission, to the extent established by the agreement with the telecommunication operator from which the Customer uses services.
§2. Basic functionality of the store
1. The Seller provides the following basic features of the Store to the Customers:
1. providing a contact form,
2. the provision of a search engine for Goods,
3. command of the Goods,
2. To use the functionality of the contact form, complete its mandatory fields, enter the requested content, and then send the message to the Seller. The seller will respond immediately, using the Store functionality, by phone or by electronic means, by sending an email.
3. To search for Items in the Store, you must enter the content you want in the Store search area and then approve it. Functionality allows you to search Store resources using keywords entered by the Customer.
4. To recommend the Goods to third parties, you must use the functionality of the Goods command. The object of the functionality is to provide a form for the command of the Goods to send a message about the Goods to a third party, designated by the Customer.
§3. Orders placed through the Store
1. Order for Goods can be placed via the Store website 7 days a week and 24 hours a day, using the Cart feature. After you have completed the list of orders for Goods, in the Cart area, the customer goes to the order.
2. In the Cart area, the Customer introduces or selects:
1. billing information,
2. delivery information, including delivery method and address,
3. method of payment.
3. The placing of an order shall be preceded by the receipt by the Customer by displaying in the area of the Cart information about the total price for the order, including taxes and related costs, in particular delivery and payment costs.
4. The placing of the order can be performed by using the appropriate button in the Shopping Cart and is tantamount to the offer of the Seller by the Customer to conclude a contract for the Sale of Goods included in the order.
5. Prior to sending the order form, by ticking the appropriate check box, the Customer should declare that they have read the Terms and Conditions and accept the terms thereof.
6. The placed order may be changed by the Customer until information is received about the shipment of the Goods by the Seller.
7. The change of order may include its cancelation, cancelation in part, extension to additional Goods, change of delivery address.
8. The Seller shall immediately inform the Customer about the impossibility of accepting the order, in case of circumstances causing it. This information shall be provided by telephone or electronic means. The notice may either reject the tender in its entirety or include the following proposals for modifying the order:
1. rejection of the tender in an unrealizable proportion, resulting in the conversion of the contract value,
2. the division of Goods to be Delivered into the deliverable part and the part to be delivered at a later date, which shall not result in the conversion of the value of the contract.
9. Acceptance of the Customer's offer made by the Seller subject to the change referred to in the above paragraph shall be regarded as a new offer requiring acceptance by the Customer in order to conclude the Selling Agreement.
10. Confirmation of the acceptance of the order by the Seller shall be made by sending an email without delay. This message contains the terms and conditions agreed by the parties to the Selling Agreement, and also the information provided by the Customer on the order form, so that errors can be detected. If such an error is detected, the Customer may notify the Seller of this fact by sending an email indicating the correct data.
11. Confirmation of acceptance of the order is equivalent to acceptance by the Seller of the offer of conclusion of the Selling Agreement submitted by the Customer.
§4. Sales
1. The Seller provides the Distance Selling Service to Customers.
2. The subject of the Sale Agreement includes the obligation of the Seller to transfer to the Customer the ownership of the Goods and to issue them, and the obligation of the Customer to collect the Goods and pay the Seller the price of the Goods.
3. The seller reserves the right to conduct promotional campaigns, in particular by lowering the price of Goods or Services until a certain date or by exhausting the stock of goods to be promoted.
4. When concluding the Sales Agreement, the Seller undertakes to deliver to the Customer the Goods without defects.
5. The conclusion of the Selling Agreement shall take place at the time when the Seller confirms the acceptance of the Customer's order.
6. The Goods shall be delivered within the time specified in the description of the Goods.
7. The time of delivery of the Goods may change if the order is changed by the Customer.
8. The Goods shall be issued:
1. if Customer chooses to deliver via Carrier, on Business Days at the address provided by Customer,
2. if the Customer chooses to deliver to the Parcels Compartment via the Carrier, on Working Days to the Parcels Compartment chosen by the Customer.
9. Detailed information on available delivery methods, Carriers and related costs is published on the Store website, and the Customer is informed about them during the ordering process.
10. The delivery of the Goods shall take place not earlier than after payment by the Customer.
11. Confirmation of delivery of the Goods to the Carrier for the purpose of their delivery may be made by sending an email to the Customer's email address.
12. The danger of accidental loss or damage to the goods is passed on to the Consumer when it is delivered to the Consumer.
13. If the Customer chooses to deliver via the Carrier, it is recommended that the delivered shipment be examined by the Customer in the presence of the Carrier.
14. In case of damage to the consignment, the Customer shall have the right to request the carrier to draw up an appropriate protocol.
§5. Payments
1. The value of the Selling Payment shall be determined on the basis of the Price List, which is located on the Seller's website at the time of the order of the Goods.
2. Prices given on the website of the Store for a given Goods are gross prices given in Polish zlotys and include the value of VAT, but do not include the cost of delivery of the Goods and the selected payment method.
3. The costs of the transaction and delivery of the Goods shall be borne by the Customer.
4. The total price of the order, visible in the area of the Cart before placing the order and after choosing the method of delivery of the Goods and payment, includes the price for the goods ordered, together with the tax charges and all related costs, in particular the costs of delivery and transaction.
5. The total price of the order is binding on the Seller and the Customer.
6. The seller shall allow the following payment methods for the provision of the Sales Services:
1. traditional transfer to the Seller's bank account number: 44 1050 1025 1000 0090 8133 3685,
2. using an external bank transfer payment system24, operated by PayPro SA with its registered office in Poznań (60-327) at ul. Chancellor 15, registered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000347935, VAT ID: 7792369887 and REGON: 301345068,
3. using an external PayPal payment system, operated by PayPal S.à r.l. et Cie, S.C.And., established in Luxembourg.
7. The customer is obliged to pay:
1. within 7 days - in the case of a traditional bank transfer method,
2. at the time of placing the order, if you select a payment method using an external payment system.
8. Payment shall be returned by the Seller immediately, not later than within 14 days from the date of the cause, in the case of:
1. withdrawal by the Consumer,
2. the Customer's cancelation of the order or part of the order paid prior to performance,
3. recognition by the Seller of a claim covered by a complaint, in whole or in part, on the basis of generally applicable rules.
9. Payment shall be reimbursed using the same payment method as the one used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not involve any costs.
10. The Seller is not obliged to reimburse the Customer for the additional costs of Delivering the Goods, if the Customer has chosen a method of Delivering the Goods other than the cheapest usual method of Delivery offered by the Seller.
§6. Newsletter
1. The subject of this Service newsletter is the provision of the Seller, consisting in sending commercial information to the email address of the Customer.
2. To order the newsletter service, use the appropriate newsletter activation field in the registration form or in another form provided by the Seller on the Store website.
3. A condition for proper order of the newsletter service is to provide the Customer's email address. The provision of these data is voluntary, but necessary in order to provide the Service and to conclude a contract on its subject.
4. Before sending the order form Newsletter Services, by checking the appropriate checkbox, the Customer may voluntarily declare that he agrees to the processing of his personal data for marketing purposes by the Seller.
5. The Seller informs that the marketing objectives indicated above may include in particular sending commercial information by the Seller using the Customer's contact details. The agreement referred to above may be revoked at any time.
6. Submission of the order form Newsletter services to the Seller is done using the functionality of the Store and through it.
7. The contract for the provision of the newsletter service is concluded for an indeterminate period of time at the time of confirmation by the Seller of the Customer's record on the newsletter list.
8. Termination of the contract for the provision of the newsletter service may be carried out without a reason and at any time, using, inter alia: the functionality of the Store or unsubscribe by using a deactivating link located in the newsletter area, and also by sending a Customer's statement on this item to the Seller, e.g. in an email or list.
§7. Complaints
1. Complaints may be made by way of warranty.
2. The claim may be submitted by letter or email to the Seller's postal or electronic address. They may be lodged using a form, a model of which is annexed to the Rules of Procedure, but this is not mandatory.
3. In the content of the submitted complaint, it is recommended to include:
1. the contact details of the Consumer to be used to respond to the complaint and to conduct correspondence with it,
2. the bank account number of the Consumer to be used for the reimbursement of funds, if such circumstances arise,
3. the description of the problem and the Consumer identification.
4. Where the warranty claim relates to the Goods, in order for the Seller to examine the complaint, the Consumer shall be obliged to deliver or send the goods advertised to the Seller's address, at his expense.
5. The seller shall recognize complaints within 14 days from the date of filing.
6. The Seller shall inform the Consumer of the manner in which the complaint received is resolved by electronic means or by a simple letter, depending on the will of the Consumer or the method of lodging the complaint applied by him.
7. Where the warranty claim relates to a Goods which, after recognition of the complaint, is to be sent to the Consumer, the Seller shall deliver or send the Goods to the Consumer's address.
8. The refund in connection with the complaint shall be made by means of a transfer to a bank account or by post, in accordance with the consumer's wishes.
9. The application of the warranty law shall be excluded in respect of non - Consumer customers.
§8. Extrajudicial processing of complaints and recovery of claims
1. The consumer shall be able to use the following out - of - court means of dealing with complaints and redress:
1. lodging a request for resolution of a dispute arising from a Sale Contract with a Permanent Consumer Arbitration at the Trade Inspectorate, the address of which, by reason of its jurisdiction, can be determined by means of the website of the Competition and Consumer Protection Office, held at https://www.uokik.gov.pl/wazne_adresy.php#faq596,
2. submitting a request for the initiation of a mediation procedure for the amicable settlement of a dispute between the Consumer, the Seller and the Provincial Inspector of Commercial Inspection, the address of which, by reason of its jurisdiction, can be determined by means of the website of the Office of Competition and Consumer Protection, held at https://www.uokik.gov.pl/wazne_adresy.php#faq595,
3. the use of county or municipal ombudsmen or social organizations whose statutory tasks include consumer protection,
4. lodging a complaint through the EU ODR. web platform, available at http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
2. Details of the procedure for out - of - court complaint and redress and the rules for access to these procedures shall be available at the premises and on the websites of the entities listed in point 1.
3. A list of entities and institutions which carry out tasks related to the out - of - court settlement of consumer disputes and details thereof can be found on the website of the Office for Competition and Consumer Protection, available at https://www.uokik.gov.pl.
§9. Termination
1. The provisions of this Article concerning the right of withdrawal of the contract by Consumers shall apply to a natural person concluding a contract directly connected with his business where it appears from the content of that contract that he is not of a professional nature arising, in particular, from the subject matter of his business, and made available under the provisions on the Central Register and Business Activity Information.
2. Without giving any reason, the consumer may withdraw within 14 days from the contract, including the Selling Contract, subject to the standards indicated in the text of the notice of withdrawal which is attached to the Rules of Procedure.
3. The right of withdrawal shall not apply to the Consumer. in in respect of a contract for the Sale of Goods supplied in a sealed package which, after the opening of the package, cannot be returned for health or hygiene reasons if the package has been opened after delivery,
4. In other cases, the Consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The declaration may be made on a form, a specimen of which is annexed to the Rules of Procedure.
5. Immediately, however not later than within 14 days from the date on which the Consumer withdrew from the contract, he shall be obliged to return the Goods to the Seller or hand it over to the person authorized by the Seller. The time limit shall be sufficient to return the Goods before its expiry. This provision shall not apply where the Seller has proposed to take the Goods himself.
6. The consumer shall be liable for any reduction in the value of the Goods resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
7. In the event of withdrawal, it shall be deemed not to have been concluded. If the Consumer has made a statement of withdrawal before the Seller accepts his offer, the offer shall cease to be binding.
§10. Processing of data and cookies
1. Information on the conditions of processing of personal data can be found in the Privacy Policy and cookies of the Store.
2. Information about the cookies used can be found in the Privacy Policy and cookies of the Store.
§11. License Terms
1. The Seller shall grant to Customers using the Store a free license in respect of their personal use and in order to enable the use of the Store, subject to these conditions.
2. Store name, Store graphic design, Store structure, Store, source code or compiled Store, web pages used to support the Store, and any documents produced by the Seller in connection with making the Store available, including related works, including the Terms and Conditions, and other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Seller shall not transfer to the Customer any copyright in the Store or any works forming part of the Store, nor shall it be entitled to grant authorizations to dispose of and use the copyrights in those works or Store, and to exercise any other subsidiary rights not reserved under license conditions.
3. The right to use the Store and related works applies to the following fields of use: recording and restoring in memory the telecommunication device at the place and time chosen by it and access and display by means of the telecommunication device at the place and time chosen by it.
4. The customer cannot: rent, lease or resell works or any part of them, as well as create derivative works based on them, make changes to works, delete information about ownership or copyright that may appear in the works area, use works for purposes that violate applicable laws, ethical or moral principles.
5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Store and related works. The seller retains the exclusive rights to choose to preserve the integrity of the Store.
6. Publishing any content in the Store and in particular: comments or opinions, Customer grants to the Seller a free, unlimited, time, unlimited, territorial and non-exclusive license for their use in the following fields of operation: publication in the area of the website of the Store, recording and restoring in memory of the telecommunication device in the place and time chosen by the user, access and display by means of the telecommunication device in the place and time chosen by the user, with the right to grant the sublicences referred to above, in order to enable the Customers to use the Store.
7. The Customer acknowledges that it is forbidden to provide to or through the Store any of the following:
1. illegal,
2. which may mislead other Customers,
3. infringing the personal goods of Customers, Sellers or third parties,
4. commonly considered offensive, vulgar or abusive, in particular: pornographic content, content promoting the use of drugs or excessive consumption of alcohol, content inciting racism, xenophobia or hatred.
8. The seller is entitled to remove or modify content that violates the Terms and Conditions.
§12. Application and amendment of the Rules of Procedure
1. The Terms and Conditions shall enter into force within 3 days from the date of their publication on the website of the Store.
2. The amendment of the Terms and Conditions may occur because of a change in the laws regarding the subject of the provision of the Services, and also because of technical or organizational changes regarding the benefits provided by the Seller.
3. The amendment of the Terms and Conditions shall take place by publishing its new content on the Store website.
4. The amendment to the Terms of Reference shall not apply to sales contracts concluded before the date of amendment.
5. The publication of any change to the Terms and Conditions shall take place in the area of the Store's website, within 3 days before the date of application of the new wording.
6. The Seller shall send electronically the amendment of the Terms and Conditions, in case of binding of the parties with the contract concluded for an indeterminate period.
§13. Final provisions
1. The meaning of capitalized terms shall be in accordance with the explanatory notes in the section describing the definitions used in the Rules of Procedure.
2. The seller is not responsible for:
1. interruptions in the proper functioning of the Store and improper provision of the Services, caused by force majeure, in relation to non-Consumer customers,
2. interruptions in the proper functioning of the Store and improper performance of the Services to clients other than Consumers, caused by technical actions or the cause attributable to the entities through which the Seller provides the Services,
3. benefits lost by non-Consumers.
3. In the absence of an amicable settlement of the dispute between the Seller and the Customer who is not a Consumer or a Consumer who is not resident in the territory of the Republic of Poland in the circumstances in which such a possibility is permitted by the provisions of its national law, the competent court for the Seller's seat shall be established.
4. The law of the Republic of Poland shall apply to Customers other than Consumers or to Consumers not residing in the territory of the Republic of Poland, where the provisions of their national law allow such possibility, as the law applicable to the performance of the contract concluded with the Seller and the settlement of disputes related to it.
5. The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the Customer who is the Consumer, arising from the provisions of local law of general application.
6. In the case of non - compliance of the Rules with the law generally applicable in the country of the Consumer, the provisions shall apply to contracts concluded with the Seller.
7. Should the provisions of the Rules of Procedure prove invalid or ineffective, this shall not affect the validity and effectiveness of the other provisions of the Rules of Procedure. Instead of invalid or ineffective provisions, there will be a standard corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Rules of Procedure.
§14. Definitions used in the Rules of Procedure
Working days are days of the week from Monday to Friday, excluding public holidays.
Delivery is the process of delivery of the Goods to the Customer at the destination indicated by the Customer, carried out through the Carrier.
A customer is a natural person, provided that he or she has full legal capacity, or limited legal capacity in cases governed by the law of general application, or provided that he or she has the consent of a statutory representative, and
also a legal person or an organizational unit without legal personality for whose benefit the provisions of the law of general application confer legal capacity which concludes a service contract with the Seller.
A consumer is a customer who is a natural person and concludes a contract for a purpose which is not directly related to his business or profession.
The basket is the functionality of the Store, enabling the completion of orders of Goods by the Customer.
A parcel post office is an automatic lockbox or postal terminal used to receive consignments of Goods.
The carrier is the entity providing the Goods Delivery services in cooperation with the Seller.
The Terms and Conditions are these contractual terms, the subject of which is the provision of the Services electronically by the Seller to the Customers through the Store.
The store is a store, run by the Seller through a web site available on the Internet at the URL: sayhitobeauty.com
The seller is a company of SAY HI Limited Liability Company located in Warsaw (02-695) at ul. Śniardwy 8/76, registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000911288, VAT ID: 5213934278 and REGON: 389473984, being a service provider, administrator and owner of the Store. You can contact the Seller using the following email address: contact@sayhitobeauty.com
The sale is the Service of the Sale of Goods, provided by the Seller to the Customer, the subject of which is the Seller's obligation to transfer ownership of the Goods to the Customer and their issue, and the Customer's obligation to collect the Goods and pay the Seller a marked price.
Item is an item presented in the Store area by the Seller for Sale.
Service is a service provided by the Seller to the Customer, based on a contract concluded between the parties through the Store. The conclusion of the contract shall be within the framework of a structured system for the conclusion of distance contracts without the physical presence of the parties.
INFORMATION ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL
WITHDRAWAL NOTICE
The provisions of this Letter concerning the right of withdrawal of the contract by Consumers shall apply to a natural person concluding a contract directly related to his business activity, where it appears from the content of the contract that he does not possess a professional character for that person, arising in particular from the subject matter of his business, provided under the provisions on the Central Register and Business Activity Information.
As a Consumer, you are entitled to withdraw from the contract concluded in our Store within 14 days without giving any reason, subject to the cases indicated in the section "exclusion of the right of withdrawal". The period for withdrawal shall expire 14 days after:
1. in which you have acquired possession of the goods or in which a third party other than the carrier and indicated by you has acquired possession of the goods in the case of a contract requiring the transfer of ownership of the goods (e.g. sales contracts, delivery contracts or mobile work contracts),
2. the conclusion of the contract, in the case of service contracts.
In order to keep the deadline for withdrawal from the contract, it is sufficient for you to send information on the exercise of your right of withdrawal before the deadline for withdrawal.
To exercise your right of withdrawal, you must inform us: SAY HI Limited liability company, ul. Śniardwy 8/76, 02-695 Warsaw, e-mail: contact@sayhitobeauty.com, of its decision to withdraw from this Agreement by means of an unambiguous declaration (for example, a letter sent by post or email) to: SAY HI Limited liability company, Say hi Warehouse
Ewa Estkowska STOREIT, ul. Omłotowa 23, 94-251 Łódź, Poland, e-mail: contact@sayhitobeauty.com
By withdrawing from the contract, you may use the model withdrawal form, but this is not mandatory. A model form is attached to the Store's Terms and Conditions of Use.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this agreement, we will refund you all payments received from you, including the costs of delivery of the item (except for the additional costs resulting from the method of delivery chosen by you other than the cheapest usual means of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed of your decision to exercise the right of withdrawal.
We will refund your payment using the same means of payment as you used in the original transaction, unless you have expressly agreed to a different solution; in any event, you will not be charged any fees for this reimbursement. We may abstain from payment until we receive the item or until we have received proof that it has been returned, whichever occurs first.
If you have received things in connection with the contract, please send or transfer to SAY HI Limited Liability Company, Say hi Warehouse, Ewa Estkowska STOREIT, ul. Omłotowa 23, 94-251 Łódź, Poland, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this agreement. The time limit is retained if you send back the item before the 14-day deadline.
We inform you that you will have to bear the direct costs of returning your items. These costs are estimated at a maximum of around PLN 25,00.
You are only liable for the reduction in the value of the goods resulting from the use of it in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
EXEMPTION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal from a contract concluded away from business premises or at a distance shall not apply to the consumer in respect of contracts in which the subject-matter of the service is supplied in a sealed package which cannot be returned on the opening of the package for health or hygiene reasons if the package has been opened after delivery.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
Recipient: SAY HI Limited liability company, ul. Śniardwy 8/76, 02-695 Warsaw | contact@sayhitobeauty.com
Return address: SAY HI Limited liability company, Say hi Warehouse Ewa Estkowska STOREIT ul. Omłotowa 23, 94-251 Łódź, Poland | contact@sayhitobeauty.com
I/We(*) hereby inform you that I/we have/have withdrawn from the contract of sale of the following items (*)/for the provision of the following service (*):
Date of conclusion of the contract (*)/receipt (*):
Order No. and Date:
Name:
Address:
Signature:
(only if the form is submitted on paper)
Date:
(*) Delete where not applicable.
COMPLAINT FORM
(this form can be completed and returned if you wish to submit a warranty claim)
Recipient: SAY HI Limited liability company, ul. Śniardwy 8/76, 02-695 Warsaw
Address to send complaint: SAY HI Limited liability company, Say hi Warehouse, Ewa Estkowska STOREIT
ul. Omłotowa 23, 94-251 Łódź, Poland
Customer Name:
Customer Address:
Customer Phone:
Customer Email Address:
As the contact details to respond to the complaint and correspondence relating to it, I indicate:
・ postal address:
・ email address:
The complaint concerns:
・ sales agreement of
・ other service contracts:
・ other:
Date on which the complaint was based:
Problem Description:
Claim Request:
・ removal of a defect in a good or service
・ replacement of goods with free of defects
・ price reduction
・ withdrawal
Signature of the applicant: