Online Store Terms and Conditions - This offer does not constitute an offer within the meaning of the Civil Code and is for testing purposes only.
These Terms and Conditions set forth the rules governing the operation of the Skinsquare store. Here you will find, in particular, information regarding the rules for placing orders, the product range, the right to withdraw from the contract, and liability for non-conformity of the goods with the contract.
§1 Definitions
Store – the online store located at www.Skinsquare.store Seller – Skinsquare Limited Liability Company with its registered office in Kobyłka at ul. Wołomińska 2 (05-230 Kobyłka), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number: 0001133800, with Tax Identification Number (NIP): 1251776543, with share capital of 5,000.00, email address: Contact@skinsquare.store, phone number: +48 600955000. 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, placing an order through the Store and making purchases via the Store. Consumer – a natural person entering into a contract with the Seller, the subject of which is not directly related to their business or professional activity. Entrepreneur with consumer rights – a natural person conducting a sole proprietorship who enters into a contract directly related to their business activity, provided that the content of such contract indicates that it is not of a professional nature. Account – a Customer account created on the Store’s online platform, enabling access to purchased services and goods. Sales Agreement – a contract for the sale of Goods concluded between the Seller and the Customer through the Store. Goods – a physical item, digital content, or service that is the subject of sale in the Store Seller’s Details – the Seller’s contact information: address: ul. Wołomińska 2, 05-230, Kobyłka; phone number: +48 600955000; email address: Contact@skinsquare.store. User – a Customer or recipient of services provided by the Seller
§2 Preliminary Provisions
1. These Terms and Conditions set forth the rules for using the Store and the rules and procedures for concluding distance sales contracts through the Store. 2. The Terms and Conditions are available at all times on the Store’s website in a manner that allows for their download, viewing, and preservation of their content by printing or saving to a storage medium at any time. 3. Making purchases in the Store requires access to a computer or mobile device with Internet access, a standard operating system, access to a web browser supporting JavaScript and the necessary cookies, as well as access to email. Additionally, to make purchases, you must complete the order placement process, during which you must provide the information necessary to fulfill the order. 4. If the Seller offers digital content or services, and their use requires meeting additional technical conditions, these conditions are specified in the product descriptions in the Store. 5. In the event of a price reduction for a product, the Seller shall provide information regarding the lowest price from the 30-day period prior to the price reduction, in accordance with Article 4(2) of the Act of May 9, 2014, on the disclosure of prices of goods and services. 6. The specific nature of each Product and its characteristics are set forth in the Product descriptions in the Store. 7. Sending unlawful content via forms is prohibited.
§3 Making purchases in the Store
1. The Customer may make purchases in the Store after logging into a customer account or without registration. 2. The gross price of the product, including VAT, is listed on the Store’s website. Product prices do not include delivery costs, which are indicated each time during the Order placement process. 3. Information about products provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to enter into a contract within the meaning of Article 71 of the Civil Code. 4. After selecting the Product, in order to complete the purchase, the Customer should follow the steps displayed on the Store’s website. If the Customer has a discount code, they may enter it in the shopping cart or during the ordering process. The Customer may then review the cart total and proceed to checkout. 5. To place an order, the Customer must provide the information marked as required in the forms. Until the button finalizing the order is clicked, the Customer may modify the order or the provided information. 6. To finalize the order, the Customer must submit the order by clicking the “Place Order” button on the order summary page. To place an order, you must first add items to your cart, complete the required information, and provide the necessary consents, including acceptance of the Terms and Conditions. 7. Upon receipt of the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate email to the email address provided during the Order placement process, which contains at least the Seller’s statements regarding receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, a Sales Agreement is concluded between the Customer and the Seller. 8. Depending on the type of goods ordered, the following agreements may be concluded between the Customer and the Seller: a) for physical goods – a sales contract, b) for services – a service contract, c) for digital content – a contract for the supply of digital content, 9. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by publishing these Terms and Conditions on the Online Store’s website and sending an email to the Customer. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system. 10. The Seller reserves the right to suspend order fulfillment in the event of reasonable doubts regarding the accuracy and reliability of the data entered by the Customer in the registration form. In such a situation, the Store will contact the Customer immediately.
§4 Delivery and Payments
1. Delivery of the Goods is available within the territory of the Republic of Poland and other European Union countries. 2. The Customer may choose from the delivery methods indicated during the ordering process, namely: 1) courier delivery 2) cash-on-delivery courier service 3) pickup at a pickup point 3. Delivery of the Goods to the Customer is subject to a fee if the Goods require physical shipment, unless the sales contract provides otherwise. The costs of delivering the Goods (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement. In justified cases, the Store may send several separate shipments as part of a single order without the Customer incurring additional costs. 4. The delivery time for the Goods to the Customer is up to 14 business days within the Republic of Poland and 21 business days for delivery to other European Union countries, unless a different timeframe is specified in the description of the Goods or during the Order placement process. If the ordered Goods have different delivery times, the delivery time specified for the Good with the longest delivery time applies. 5. If the Seller offers digital content or services, their electronic delivery will take place immediately, but no later than within 5 business days, unless otherwise specified in the description of the relevant Product (e.g., pre-order). The deadlines specified in paragraphs 4 and 5 above are calculated from the date the transfer is credited to the Seller’s account or from the date of confirmation of order acceptance for fulfillment in the case of cash-on-delivery payments. 6. Access to digital content and services, if offered, may also be granted on a recurring basis—in accordance with their description. 7. The Store accepts the payment methods available during the ordering process, including, in particular, traditional bank transfers and electronic payments. 8. The Seller offers the Customer the following payment methods under the Sales Agreement: 1) Cash on delivery, 2) Payment by bank transfer to the Seller’s bank account, 3) Electronic payment via Tpay, operated by Krajowy Integrator Płatności S.A. with its registered office in Poznań (pl. Władysława Andersa 3, 61-894 Poznań), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000412357, NIP: 7773061579. The Tpay Terms and Conditions are available at: https://tpay.com/user/assets/files_for_download/regulamin.pdf 9. If the Customer chooses to pay by bank transfer or electronic payment, the Customer is required to make the payment within 5 business days from the date of conclusion of the Sales Agreement. After this period, the order may be canceled. 10. The Customer agrees to receive the invoice in electronic form. 11. The Seller offers free delivery for orders with a minimum value of 300 PLN gross, provided that this offer applies exclusively to deliveries within the territory of the Republic of Poland, unless otherwise indicated in the Store.
§5 Non-conformity of goods with the contract; complaints
1. The basis and scope of the Seller’s liability toward the Customer, if the sold Goods are defective, are determined by generally applicable laws, in particular the Consumer Rights Act. 2. The Seller hereby informs the Customer of the entrepreneur’s liability, as provided by law, for the conformity of the performance with the contract. The Consumer has the right to invoke the warranty, provided it has been granted. 3. Before filing a complaint and shipping the Goods to the Seller, the Customer is asked to contact the Seller via email at: Contact@skinsquare.store in order to expedite the complaint process and resolve the issue. 4. The mailing address for complaints and the return address for the Goods is: ul. Wołomińska 2, 05-230, Kobyłka. 5. The Goods are in conformity with the contract if, in particular, the following remain in conformity with the contract: their description, type, quantity, quality, completeness, and functionality; and, with respect to Goods containing digital elements, also compatibility, interoperability and availability of updates, as well as suitability for the specific purpose for which the consumer needs them, which the consumer notified the Seller of no later than at the time of concluding the contract and which the Seller accepted. 6. If the goods do not comply with the contract, the consumer may demand their repair or replacement. 7. The Seller may provide a replacement when the consumer requests a repair, or the Seller may perform a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would entail excessive costs for the business. If repair and replacement are impossible or would entail excessive costs for the seller, the seller may refuse to bring the goods into conformity with the contract. 8. The Seller shall perform the repair or replacement within a reasonable time from the moment the consumer informs the Seller of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, shipping, labor, and materials, shall be borne by the Seller. 9. The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at its own expense. The consumer is not obligated to pay for the normal use of the goods that were subsequently replaced. 10. In cases specified in the Consumer Rights Act, the consumer may submit a statement requesting a price reduction or withdrawal from the contract. This applies in particular to situations where the Seller has refused to bring the goods into conformity with the contract or has failed to bring the goods into conformity with the contract. 11. The Seller shall refund the amounts due to the consumer as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the consumer’s statement regarding the price reduction. 12. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Seller at the Seller’s expense. The Seller shall refund the price to the consumer without delay, no later than within 14 days from the date of receipt of the goods or proof of their return. 13. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant. 14. The merchant is liable for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years from that time, unless the shelf life of the goods, as specified by the merchant, its legal predecessors, or persons acting on their behalf, is longer. 15. It is presumed that a lack of conformity of the goods with the contract, which became apparent within two years of delivery, existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. 16. The Seller is obligated to respond to the consumer’s complaint within 14 days of receiving it. 17. The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act regarding contracts for the supply of digital content or digital services. The Seller is liable for any lack of conformity with the contract of digital content or digital services provided on a continuous basis that occurred or became apparent during the period in which they were to be provided under the contract. This period may not be shorter than two years from the time of delivery of the goods containing digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred during this period if it became apparent during this period. 18. If a warranty has been provided for the goods, information about it, as well as its terms, will be included in the product description in the Store. 19. Rights arising from the non-conformity of the goods with the contract are available to the consumer and to a business acting as a consumer. 20. The cosmetics offered in the Store are hypoallergenic, which means they have been formulated to reduce the risk of allergic reactions, though they do not eliminate it. The Seller does not guarantee the absence of an allergic reaction and is not liable for consequences resulting from the Customer’s individual bodily reactions, unless they result from the Goods’ non-conformity with the contract.
§6 Provision of Services Electronically
1. The Seller takes measures to ensure the fully proper functioning of the Store, to the extent permitted by current technical knowledge, and undertakes to remedy, within a reasonable time, any irregularities reported by Customers using the Seller’s Contact Information. 2. The free services provided electronically by the Seller include: a) the ability to create an account in the Store, b) the ability to enter into a contract with the Seller electronically, c) the ability to receive a newsletter (if the option to subscribe to the newsletter is available on the Store’s website) 3. An account is created by filling out the registration form or, if this option is available, by selecting the appropriate consent during the ordering process. Upon successful registration of an account in the Store, a free contract for the provision of electronic services is concluded for an indefinite period. 4. The Customer may delete their account at any time via the customer panel or send a deletion request to the Store’s email address. 5. The customer account stores information regarding the customer’s data and orders placed. In the event of account deletion, the Seller will retain information regarding placed orders until the statute of limitations expires for any potential claims arising from a specific legal relationship or for the entire duration of the Store’s operation—unless the Customer objects to the retention of this information, and the Seller does not have an overriding legitimate interest in storing it. 6. Subscription to the newsletter may be made by submitting a completed newsletter subscription form or by checking the consent box during the ordering process. Upon successful subscription to the newsletter, the Seller provides an electronic service consisting of sending the Customer emails containing information about the Seller’s products, promotions, or services. The Customer may unsubscribe from the newsletter at any time by clicking the unsubscribe button included in the email or by sending an unsubscribe request to the Store’s email address. 7. If the Customer wishes to file a complaint, they must provide their first and last name, mailing address, and the nature and date of the issue related to the Store’s operation. 8. The Seller undertakes to review every complaint regarding the Store’s operation within 14 days. The Customer is asked to send the complaint to the Seller’s email address. 9. The content of the newsletter is protected by copyright. Copying, recording, or distributing it without the Seller’s consent is prohibited. 10. The consumer may withdraw from the contract for the delivery of digital content within 14 days of its conclusion, without giving any reason, by notifying the Seller. Regardless of this, the user may at any time submit a statement of withdrawal from the services provided.
§7 Provisions Regarding Entrepreneurs
1. The provisions of this paragraph apply to customers who are entrepreneurs. 2. The parties completely exclude liability under the warranty for defects. 3. The Seller may terminate the contract for the provision of electronic services regarding the maintenance of the Customer’s account with immediate effect and without stating reasons. This does not give rise to any claims against the Seller in this respect. 4. The Seller has the right to withdraw from the contract without giving a reason within 14 days of its conclusion by sending the entrepreneur a relevant statement. This does not give rise to any claims against the Seller in this regard. 5. The Customer is obligated to inspect the shipment in a timely manner and in the manner customary for the given type of shipment and should immediately take steps to determine the carrier’s liability. The Seller shall not be liable for loss, shortage, or damage to the Goods, nor for any delay in the shipment arising from the time the shipment is accepted for transport until it is delivered to the business. 6. The Seller has the right to limit the available payment methods and to require the business to make a prepayment in full or in part. 7. The Seller’s total liability to the business entity for non-performance or improper performance of the contract by the Seller is limited to the amount of the price paid for the Goods and the delivery costs. The Seller shall not be liable for lost profits in relation to the business entity. 8. The court having jurisdiction over the Seller’s registered office shall have jurisdiction to resolve disputes between the Seller and the business. 9. The provisions of this paragraph are not intended to limit the business’s rights as a consumer, which are granted to it under generally applicable laws.
§8 Reviews
1. When displaying consumer reviews, the Seller verifies reviews regarding services and goods and has implemented appropriate measures to assess their authenticity. After a review is posted, it is verified by a store employee. If there are doubts regarding the authenticity of a review, they are clarified based on the evidence provided for the purchase of a specific service. If it turns out that the data contained in the review and obtained during the clarification process cannot be linked to the order that was the subject of the review, such a review is removed. 2. We publish all reviews (both positive and negative) and do not interfere with their content; we do not offer additional benefits related to posting or withdrawing a review. 3. For the reasons stated above, we can assure you that the reviews available on the Store’s website are verified and authentic and reflect actual shopping experiences. 4. Reviews about the Store may be posted on third-party websites. In the case of such reviews, the rules applied by those third parties govern the assessment of the reviews’ credibility and authenticity. For its part, the Store makes every effort to ensure that reviews about the Store are always reliable and authentic.
§9 User Content
1. User Content refers to content posted independently or through the Store by any User: 1) reviews or comments about the Store or products, 2) additional information contained in the customer account that is not required when placing an order, posted independently or through the Store. 2. The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise unlawful, contrary to these Terms and Conditions, or contrary to good morals, in particular: 1) content used to commit an offense or a crime, 2) content that infringes on personal rights or copyrights, 3) content that constitutes spam, 4) content intended to engage in unfair competitive practices, including prohibited marketing activities, 5) content inconsistent with the subject matter of the service to which it relates. 3. We may verify, block, and remove unlawful content—while adhering to the principles of objectivity and due diligence. 4. A report of illegal content should include: 1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant information constitutes illegal content, 2) an indication, where possible, of the electronic location of the information, such as a URL, and additional information enabling the identification of the illegal content, 3) the name and email address of the person or entity making the report—except for reports concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; 4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete. 5. If, as a result of verification initiated by us or based on a report, we determine that certain content is illegal, we may decide to block or remove it. 6. Both the User who reported the content and disagrees with our decision, and the User whose content we have deemed illegal, have the right to appeal decisions regarding the content through the contact point indicated in Section 13 below. The appeal should include your full name, contact information, and a justification for requesting a change in the decision. 7. Upon submission of the appeal, we will immediately confirm receipt and review it within 14 days. Appeals will not be processed automatically. The justification for our decision will be prepared in accordance with all requirements under the Digital Services Act. 8. You have the right to appeal decisions regarding content through the contact point indicated in paragraph 13 below. The appeal should include your full name, contact information, and a justification for the request to change the decision. 9. In the event of gross non-compliance with the provisions of this section and the publication of illegal content, we may decide to temporarily block (suspend) or delete the account, as well as to restrict the account’s functionality. 10. Any decision regarding a user’s account must be made in accordance with the principles of objectivity and due diligence. You have the right to appeal such a decision, which will not be processed automatically. The appeal will be reviewed within 14 days, and you will be immediately informed of the outcome. 11. We are not liable for User Content if: 1) we have no actual knowledge of illegal activity or illegal content, and with respect to claims for damages—we are unaware of the facts or circumstances that clearly indicate illegal activity or illegal content; 2) we take immediate and appropriate action to remove or disable access to illegal content upon obtaining such knowledge or information. 12. In the event that we receive any information giving rise to a suspicion that a crime has been committed, is being committed, or may be committed, a crime that threatens the life or safety of a person or persons, we will immediately inform the law enforcement or judicial authorities of the relevant Member State or Member States of our suspicion and provide all available information on the matter. 13. We have established a contact point to fulfill our obligations under the Digital Services Act (DSA) and through which relevant authorities and Users may communicate with us: Contact@skinsquare.store. Using the provided email address, Users may, in particular, report content that they believe to be illegal. 14. None of the above provisions is intended to limit the User’s rights and should not be interpreted as such.
§10 Protection of Personal Data
1. The Seller is the controller of Customers’ personal data collected through the Online Store. 2. The rules for processing personal data, the recipients of such data, and the Customer’s rights are set forth in the Store’s Privacy Policy.
§11 Final Provisions
1. All rights to the Store and the goods offered, including intellectual property rights, property rights, and personal copyrights, belong to the Seller. Without the Seller’s consent, it is not permitted, among other things, to reproduce or modify the content offered by the Seller. 2. The Seller reserves the right to amend these Terms and Conditions for significant reasons, such as a change in the product offering or changes in the law. The new Terms and Conditions take effect on the date of publication. Registered Users will be notified of any changes to the Terms and Conditions via email. 3. The Seller reserves the right to change product prices and promotions without affecting contracts concluded prior to such changes. 4. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply. 5. None of the provisions of these Terms and Conditions are intended to limit the rights of the consumer or a business acting as a consumer, as guaranteed by the Consumer Rights Act and other applicable laws. 6. In the event of a dispute arising from a concluded sales contract, the parties shall endeavor to resolve the matter amicably. 7. The consumer has the option to use out-of-court methods for handling complaints and pursuing claims. The consumer may, for example: 1) apply to a permanent consumer arbitration court to resolve the dispute, 2) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of the dispute, 3) seek assistance from the county (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection. 8. The consumer may use the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/ 9. More detailed information is available at: https://polubowne.uokik.gov.pl/.