Regulations

Regulations of the online store

Introduction

The online store available at https://www.alanaturalbeauty.com/ is run by ala Limited Company with its registered office in Ciechanów at ul. Sosnowa 11, 06-400 Ciechanów, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register under the number KRS 0000522027, NIP: 5272725582, REGON: 147426080, share capital 2,000. PLN 000

Seller contact details:

– e-mail address: contact@alanaturalbeauty.com,

– phone: +48 539 337 761.

This document (constituting at the same time the regulations in accordance with the Act of 18 July 2002 on the provision of electronic services) hereinafter referred to as the “Regulations”, defines the types and scope of electronic services provided via the Online Store, the principles of concluding sales contracts via the Online Store, the rules for performing these contracts, the rights and obligations of the Customer and the Seller as well as the procedure for withdrawal from the contract and complaint procedure.

I. Definitions

1. Online store – online store available at https://www.alanaturalbeauty.com/.

2. Seller – ala Limited company with its registered office in Ciechanów at ul. Sosnowa 11, 06-400 Ciechanów, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register under the number KRS 0000522027, NIP: 5272725582, REGON: 147426080, share capital 2.000.000 PLN.

3. Customer – a natural person, legal person or organizational unit without legal personality, but which is granted legal capacity under the law, concluding a contract with the Seller,

4. Consumer – a natural person performing with the Seller a legal act not directly related to his business or professional activity.

5. Service – electronic services provided by the Seller via the Online Store.

6. Sales contract – a distance contract between the Customer and the Seller via the Online Store, the object of which is the purchase of the Item.

7. Item – a product, a movable thing that the Customer purchases through the Online Store.

8. Customer account – a set of resources in the Seller’s ICT system, in which information about the Customer is collected, including address information and order history.

9. Order form – a form available in the Online Store that allows Customers to make a purchase.

10. Registration form – a form available in the Online Store enabling the creation of a Customer Account.

11. Newsletter – a service enabling subscribing to and receiving by electronic means free information about the Seller’s Items and promotions.

12. Business day – a day from Monday to Friday, excluding public holidays.

II. General provisions

1. The Seller undertakes to provide services to the Customer in the scope and under the conditions set out in the Regulations.

2. The Customer undertakes to use the Online Store in accordance with applicable law and principles of community life.

3. The Customer using the Seller’s Services is obliged to comply with these Regulations.

4. The Seller complies with the principle of the protection of customers’ personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.

5. The Customer gives consent to the collection, storage and processing of personal data by the Seller in order to perform the ordered service. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Store.

6. If the Items are covered by the manufacturer’s warranty, the warranty does not exclude or limit the possibility for the Buyer to exercise the rights arising from the warranty for defects in the goods.

7. Items available in the Online Store are new, free from physical and legal defects.

8. The Items have been legally placed on the Polish market.

9. Information about the Items on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 Civil Code.

10. All prices provided on the Online Store website are gross prices.

11. The Seller reserves the right to make changes to the prices of Items available in the Online Store, introduce new Items as well as carry out and cancel promotional campaigns or make changes to ongoing promotions.

III. Services and general conditions for the provision of services

1. The Seller via the Online Store provides by electronic means following services:

  • enabling Customers to complete the order form to conclude sales contracts,
  • enabling the registration and keeping of a Customer Account,
  • sending to Customers information about promotions and Items in the form of a “Newsletter”.

2. Services specified in paragraph 1 are provided free of charge.

3. The contract for the provision of services by electronic means in the form of enabling the completion of the order form is concluded with the Customer for a definite period of time at the moment when the Customer starts filling in the form and terminates upon withdrawal from completing the form or upon sending the completed form to the Seller.

4. The contract for the provision of services by electronic means in the form of enabling registration and maintenance of the Customer Account is concluded with the Customer for an indefinite period of time at the moment of his registration in the Online Store.

5. The contract for the provision of “Newsletter” service by electronic means is concluded for an indefinite period of time when the Customer subscribes to the Newsletter service using the functionality available on the Online Store website.

6. Creation of a Customer Account (“registration”) is performed using the functionality available on the Online Store website – Registration Form.

7. Having a Customer Account is not required to place an order for Items available in the Online Store.

8. Technical requirements necessary to use the services provided by the Seller:

  • device with access to the Internet,
  • web browser supporting Cookies,
  • access to e-mail.

9. The customer bears the fees associated with access to the Internet and data transmission in accordance with the tariff of his Internet service provider.

IV. Sales contract

1. The Customer who has the registered office or habitual residence in Poland or European Union Member States is entitled to conclude sales contracts with the Seller.

2. The Seller allows placing orders for Items available in the Online Store using the Order Form available in the Online Store 24 hours a day, 7 days a week.

3. In order to place an order using the the Order Form, the Customer selects the Item available in the Online Store specifying the quantity he intends to purchase and, if possible, indicating the features of the ordered product. After selecting the Item (adding the Item to the basket using the functionality available in the Online Store), the Customer completes the Order Form indicating the data necessary for the Seller to complete the order.

4. After receiving the order, the Seller sends the Customer an e-mail to the e-mail address provided when placing the order, informing about the receipt of the order.

5. After verifying the feasibility of the order, the Seller sends the Customer a message confirming the order. Once the Customer receives the message confirming the order, the sales contract is concluded.

6. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of ordered Items, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).

V. Order processing time and delivery

1. The Seller carries out orders according the order in which they were received (considering item VI, items 3-4 of these Regulations).

2. The duration of the completion of the order encompasses preparation, completion, packaging and release of the Items by the Seller. The average order processing time for Items available in the Seller’s warehouse is three business days.

3. If a part of the order consisting of several Items is not currently available, the Customer is informed by phone or e-mail and decides how to complete the order (partial implementation, extension of the waiting time, cancellation of the entire order or selection of a replacement Item).

4. In the case of orders consisting of several Items with different availability, which are to be delivered in one shipment, the date of completion of order will depend on the time the Seller completes the last Item covered by the order, unless otherwise agreed with the Customer.

5. The time of completion of the order does not encompass the time of the delivery of the Items to the Customer by the carrier in accordance with the delivery method selected by the Customer.

6. Orders are passed for delivery to the carrier only on business days.

7. The Seller makes deliveries via courier companies DPD and InPost. Delivery costs are indicated when placing the order.

8. After receiving the parcel, the Customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, he should prepare a damage report in the presence of the courier and inform the Seller.

VI. Payment methods

1. The seller allows the following payment methods:

  • prepayment via the Dotpay electronic payment system operated by Dotpay Sp. z o.o. ul. Wielicka 28b, 30-552 Kraków, in accordance with the Dotpay payment regulations,
  • prepayment in the form of a traditional transfer to the Seller’s bank account indicated in the message confirming the order,
  • cash on delivery.

2. The customer is obliged to make the payment within 7 business days from the date of the conclusion of the contract. If no payment is made within a specified period, the sales contract may terminate.

3. The Seller proceeds with the order as soon as the payment is credited to the bank account or when the Seller receives from the electronic payment system operator information about the correct payment by the Customer.

4. In the case of payment on delivery, the Seller commences the order after confirming the order.

5. The Seller documents the sale of the Item with a receipt or a VAT invoice. Proof of purchase is delivered to the Customer together with the Item or electronically to the e-mail address provided by the Customer when placing the order.

VII. Implied warranty for defects of  goods

1. In accordance with art. 556 of the Act of April 23, 1964, Civil Code, the Seller is liable to the Customer if the sold Items have a physical or legal defect. The seller is released from liability under the implied warranty for defects if the customer knew about the defect at the time of conclusion of the contract.

2. Delivery of the Item under the exercise of rights arising from the warranty for defects is at the expense of the Seller.

3. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Item to the Customer. In the case of used Item, the Seller is liable under the warranty for defects found within one year from the date of delivery of the Item to the Customer who is a consumer.

4. Notification on Item’s defects should be sent by e-mail to contact@alanaturalbeauty.com or in writing to the address of the Seller’s registered office. The application may be sent on the form attached as Annex 2 to the Regulations.

5. If the sold Item has a defect, the Customer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a non-defective item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to exchange the item for a non-defective one or to remove the defect.

6. Instead of removal of the defect proposed by the Seller, the Customer may request the exchange of the item for a non-defective one or instead of exchanging the item the Customer may demand that the defect be removed, unless bringing the item to a condition compliant with the contract in the manner selected by the customer is impossible or would require excessive costs compared to the manner proposed by the Seller.

7. The customer may not withdraw from the contract if the defect is irrelevant

8. If it is necessary to assess physical defects, the Items should be delivered to the following address: ala Sp. z o.o. ul. M.M. Kolbe 43, 06-400 Ciechanów.

9. The Seller shall respond to the Customer’s notification within 14 calendar days from the day of its receipt. Failure to review the notification within the specified time limit is tantamount to considering it as legitimate.

10. The Seller covers the costs of receipt, delivery, removal of defects or replacement of the Item with a new one.

VIII. Withdrawal from the sales contract

1. The customer who is a consumer has a right to withdraw from a distance contract without giving a reason in accordance with art. 27 of the Act of 30 May 2014 on consumer rights,.

2. The right to withdraw from the contract is available within 14 calendar days from the time the Customer or a third party indicated by him other than the carrier enters into possession of the Item.

3. The Customer may withdraw from the contract by submitting a statement using the form attached as Annex 1 to these Regulations, sending it by e-mail or to the Seller’s postal address.

4. To comply with the deadline specified in paragraph 2, it is enough to send a statement of withdrawal from the contract before the expiry of the 14-day period.

5. The Seller will immediately confirm to the Customer that he has received a statement of withdrawal from the contract.

6. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract, reimburse the Customer for all payments received from him, including the costs of delivery. The seller reimburses the payment using the same method of payment that the customer used, unless the Customer has expressly agreed to a different method of reimbursement, which does not involve any costs for him.

7. If the Seller has not offered to collect the Item from the Customer himself, he may withhold the reimbursement of payments received until the receipt of the Item from the Customer or of the proof of sending the Item by the Customer, whichever occurs first.

8. If the Customer has selected a delivery method other than the cheapest usual method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.

9. The Customer is obliged to return the Item to the Seller or to transfer it to a person authorized by the Seller promptly, but not later than within 14 calendar days from the day on which he withdrew from the contract, unless the Seller has offered to collect the Item himself. To meet the deadline, it is sufficient to return the Item before the expiry of the above period.

10. The Customer bears only the direct cost of returning the Item.

11. Items should be delivered to the following address: ala Sp. z o.o. ul. M.M. Kolbe 43, 06-400 Ciechanów.

12. In the event of withdrawal from the contract, the consumer is responsible for any reductions in the value of the Item, which are a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

13. The right to withdraw from the contract is not conferred upon the Customer in the case of contracts referred to in art. 38 of the Act of 30 May 2014 on consumer rights, among others in the case of contracts:

  • in which the object of the performance is an item liable to deteriorate or expire rapidly,
  • in which the object of the performance is an item delivered in a sealed package, which after opening of the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.

IX.Withdrawal from the contract for the provision of electronic services and complaint proceedings

1. In the case of contracts for the provision of services by electronic means of a continuous and indefinite nature, the Customer has the right to withdraw from the contract. The customer may terminate the contract by notice with immediate effect and without giving any reason by sending a notice of termination to the email address contact@alanaturalbeauty.com.

2. The Seller reserves the right to withdraw from the contract for the provision of services by electronic means of a continuous and indefinite nature with a 14-day notice period if the Customer breaches the provisions of these Regulations.

3. In the event of non-performance or improper performance by the Seller of services provided via the Online Store, the Customer is entitled to submit a complaint by email to contact@alanaturalbeauty.com.

4. A properly submitted complaint should include the Customer’s designation (name and surname or company name, address of residence or address of company’s registered office and e-mail address), the object of the complaint together with an indication of the period of time covered by the complaint and the circumstances justifying lodging the complaint.

5. The complaint shall be considered by the Seller within 14 calendar days from the date of receipt of the complaint.

X. Provisions concerning entrepreneurs

1. The provisions of this paragraph apply only to customers who are not consumers pursuant to art. 221 of the Civil Code.

2. The Seller reserves the right to withdraw from the sales contract at any time, provided that the Item has not been delivered to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to the Customer’s claims against the Seller.

3. The Seller reserves the right to determine what payment methods are available in the Online Store. The Seller reserves the right to request prepayment equal to a full or part of the value of the order, regardless of the payment method chosen by the Customer.

4. Pursuant to Article 558 of the Civil Code, if the Item is sold to a Customer who is not a consumer, the Seller’s liability under the warranty is excluded.

5. Pursuant to Article. 548 §1 of the Civil Code, when the Seller hands over the Item to the Customer, a third party indicated by the Customer or the carrier, benefits and burdens related to the Item, as well as the risk of accidental loss or damage to the Item, are transferred to the Customer.

6. The Seller’s liability towards the Customer covers solely actual damage suffered by the Customer in connection with the improper performance of the contract by the Seller. The Seller’ liability cannot exceed the value of the order placed by the Customer.

XI. Liability

1. The Seller shall not be liable for the Customer providing incorrect data (in particular by providing incorrect data in the forms available on the website) or the Customer’s actions hindering or preventing the provision and implementation of services by the Seller.

2. The Seller shall not be liable for the consequences of the fact that the Customer has been using the Online Store in a way that has violated provisions of the Regulations, applicable law and principles of community live or customs.

3. The Seller reserves the right to suspend or terminate the provision of selected functionalities of the Online Store due to the necessity of undertaking maintenance, review or development of the technical base or software. Suspension or termination of the provision of the selected functionalities of the Online Store may not violate the rights of the Customer.

XII. Intellectual property

1. All content in the Online Store (including graphics, texts, page layout and logos) that does not come from the Customer or other suppliers, is covered by the protection provided for copyright and is owned solely by the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.

2. The Customer is obliged to use all content of the Online Store only for her own personal use. Any other use of the content is only permitted if the permit has been explicitly granted by the Seller.

3. The use of the Online Store, including the use of text, graphic materials, photos, applications, databases or other content does not mean that the Customer acquires any rights towards the indicated content, and in particular does not amount to the acquisition of author’s economic rights, related rights or licenses.

4. It is forbidden to undertake the following actions without the explicit consent of the Seller:

  • copying, modifying and transmitting electronically or in any other way the Online Store or part thereof, as well as selected pieces of content made available through it,
  • disseminating content published in the Online Store in any way,
  • downloading database content and reusing it in whole or in part.

XIII. Final Provisions

1. The Seller reserves the right to amend these Regulations. The Seller will notify about changes to the Regulations on the Online Store website at least 14 calendar days before the amendments to the Regulations enter into force. New provisions of the Regulations does not apply to customers who placed an order when the previous version of the Regulations was still binding. An amendment to the Regulations during the contractual relationship of a continuous nature binds the other party if the requirements specified in art. 384 of the Code civil are met and the party has not terminated the contract with a notice period of 14 calendar days.

2. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.

3. The customer has an option to use alternative dispute resolution methods when seeking a consideration of her complaint or redress for events related to orders placed in the store. These include: in the event of a dispute over property rights arising from sales contracts and contracts for provision of services – submitting a request to hear the case to the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of Trade Inspection in Warsaw (http://wiih.org.pl/) for taking actions within the framework of alternative dispute resolution pursuant to the Act of 23 September 2016 on the alternative dispute resolution of consumer disputes (Journal of Laws from 2016, item 1823).

4. Notwithstanding paragraph 3 the Customer may ask the municipal (poviat) consumer ombudsman for help. All necessary information can be found on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

5. The Customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.

6. Disputes arising from the provision of services under these Regulations will be submitted for resolution by:

  • a common court selected by the Customer in accordance with the relevant provisions of Polish law, if the Customer is a consumer,
  • a common court having jurisdiction over the registered office of the Seller, if the Customer is not a consumer.

7. Annexes to the Regulations constitute its integral part.

8. In the event of any divergences between English and Polish versions of the Regulations, only the Polish version has the binding force.

9. The Regulations enter into force on March 10, 2020.

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