Terms and Conditions

These Terms and Conditions set out the general terms, rules and method of sales carried out by Joanna Zurawska, S80 4TX Whitwell Worksop, 78a Holmefield Road, VAT: 2516758453, via the online store hibeautyperfectskin.com (hereinafter referred to as the “Online Store”, the “Seller” or the “Administrator”) and define the rules and conditions for providing free electronic services.

1 Definitions

Administrator – also referred to as the Seller.
Business days – weekdays from Monday to Friday excluding public holidays.
Delivery – the activity consisting of delivering to the Client, by the Seller through the Carrier, the goods specified in the order.
Carrier – an entity cooperating with the Seller in the delivery of goods:

1. Royal Mail;

Client – an entity for whom electronic services may be provided or with whom a Sales Agreement may be concluded.
Entrepreneur – a person conducting business or professional activity and performing legal actions directly related to that business or professional activity.
Seller – Joanna Zurawska, S80 4TX Whitwell Worksop, 78a Holmefield Road, VAT: 2516758453, who is also the owner of the Online Store.
Goods – a product presented by the Seller via the Online Store that may be the subject of the Sales Agreement.
Services – services provided by the Seller to Clients electronically within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);
Agreement – a distance sales agreement concluded under the rules set out in these Terms and Conditions between the Client and the Seller.
Order – a declaration of intent by the Client directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

2 General provisions

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its domain name, the store website, as well as templates, forms and logotypes posted on the website (except for logotypes and photos presented for the purpose of presenting goods, for which copyrights belong to third parties) belong to the Seller, and their use may take place only in the manner specified and consistent with these Terms and Conditions and with the Seller’s written consent.

3 Use of the online store

The Seller will make efforts to ensure that use of the Online Store is possible for users using all popular web browsers, operating systems, device types and Internet connection types. Minimum technical requirements to use the Online Store website are a web browser version at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with JavaScript enabled, accepting “cookies” files, and an Internet connection with a bandwidth of at least 256 kbit/s.
In order to place an order in the Online Store via the store website or via e-mail, and in order to use the services available on the store website, the Client must have an active e-mail account.
It is prohibited for the Client to provide unlawful content and to use the store, its website or free services provided by the Seller in a manner contrary to law, good customs, or infringing personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve a risk of obtaining and modifying Clients’ data by unauthorized persons; therefore, Clients should use appropriate technical measures to minimize the above risks, including antivirus and identity protection software. The Seller never asks the Client to provide their account password or other sensitive data.
It is not permitted to use the resources and functions of the store to conduct activities by the Client that would infringe the Seller’s interests.

4 Registration

To create a Client account, the Client must complete free registration.
Registration is not required to place an order in the Online Store.
To register, the Client should complete the registration form provided by the Seller on the store website and send the completed form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Client sets an individual password.
While completing the registration form, the Client may review these Terms and Conditions and accept them by marking the relevant field in the form.
After sending the completed registration form, the Client receives a registration confirmation from the Seller at the e-mail address provided in the form. At that moment, an agreement for the electronic service “maintaining a Client account” is concluded, and the Client gains access to the account and the ability to change the data provided during registration.

5 Orders

Information on the store website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation for Clients to submit offers to conclude a Sales Agreement.
The Client may place orders via the store website or e-mail 7 days a week, 24 hours a day.
A Client placing an order via the store website completes the order by selecting the Goods of interest. Adding Goods to the order takes place by selecting “ADD TO CART” under the relevant Goods displayed on the Online Store website. After completing the order and selecting in the “CART” the Delivery method and payment method, the Client places the order by sending the order form to the Seller by clicking the “Buy and pay” button on the store website. Each time before sending the order to the Seller, the Client is informed of the total price for the selected Goods and Delivery, as well as any additional costs the Client is obliged to incur in connection with the Sales Agreement.
Placing an order constitutes the Client submitting an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
After the order is placed, the Seller sends confirmation of its submission to the Client’s e-mail address provided by the Client.
Next, after confirming the order submission, the Seller sends to the Client’s e-mail address information about accepting the order for processing. The information about accepting the order for processing constitutes the Seller’s declaration of acceptance of the offer referred to above, and upon its receipt by the Client a Sales Agreement is concluded.
After concluding the Sales Agreement, the Seller confirms its terms to the Client by sending them to the Client’s e-mail address or in writing to the address indicated by the Client during registration or ordering.

6 Payments

Prices displayed on the store website for particular Goods are gross prices and do not include information about Delivery costs and any other costs that the Client will be obliged to incur in connection with the Sales Agreement; the Client will be informed about them when selecting the Delivery method and placing the order.
When ordering home delivery, the Client may pay for the ordered Goods by:

1. bank transfer to the Seller’s bank account (in this case the order processing will begin after the Seller sends the Client confirmation of accepting the order for processing and after funds are credited to the Seller’s bank account);
2. PayPal

If the Client fails to make payment on time, the Seller sets an additional deadline for payment and informs the Client about it.
If the second deadline for payment expires, the Seller will send the Client a declaration of withdrawal from the Sales Agreement pursuant to Article 491 of the Civil Code.

7 Delivery

The Seller delivers within Poland and outside Poland.
In the case of international shipping, please contact +44.7523428225.
The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free of defects.
The Delivery and order fulfillment time is counted in business days and is up to 14 days; the Client is informed each time when placing the order.
The Delivery and fulfillment time indicated on the store website is counted in business days.

Ordered Goods are delivered to the Client by the Carrier to the address indicated in the order form.
On the day the Goods are shipped, the Client receives an e-mail confirming dispatch by the Seller.
The Client is obliged to examine the delivered shipment at the time and in the manner customary for shipments of a given type. In the event of loss or damage, the Client has the right to request that the Carrier’s employee draw up an appropriate report.
The Seller, in accordance with the Client’s request, attaches to the shipment a receipt or a VAT invoice covering the delivered Goods.
In the event of the Client’s absence at the address provided as the Delivery address, the Carrier’s employee will leave a notice or attempt to contact the Client by phone to arrange a time when the Client will be present. If the ordered Goods are returned to the store by the Carrier, the Seller will contact the Client electronically or by phone to re-arrange the Delivery date and the cost of re-Delivery.
The Client should check the condition of the package at the time of collection from the courier. If the packaging has visible external transport damage, we recommend refusing to accept the shipment and then contacting the phone number +44.7523428225. After paying cash on delivery or acknowledging receipt, it is also possible to open the package, but only in the presence of the courier; if any discrepancies are found, the Client should ask the courier to prepare a damage report and обязательно keep this document for us. It is also best to contact us by phone at +44.7523428225.

8 Warranty (statutory liability)

The Seller ensures delivery of Goods free from physical and legal defects. The Seller is liable to the Client if
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the Goods have a physical or legal defect (statutory warranty).
If the Goods have a defect, the Client may:

1. submit a statement requesting a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Client replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has failed to meet the obligation to replace the Goods with defect-free Goods or to remove defects. The Client may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with defect-free Goods, or instead of replacement demand defect removal, unless bringing the item into conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of defect-free Goods, the type and significance of the defect, and the inconvenience to the Client of another method of satisfaction shall be taken into account.
2. demand replacement of defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Client. The Seller may refuse to comply with the Client’s request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Client is impossible or would require excessive costs compared to the alternative possible method. The Seller bears the costs of repair or replacement.

The Client exercising warranty rights is obliged to deliver the defective item to the Seller’s address.
The Seller is liable under statutory warranty if the physical defect is found before two years from the delivery of the Goods to the Client. A claim to remove the defect or replace the Goods with defect-free Goods becomes time-barred after one year. If the Client demanded replacement or defect removal, the time limit for withdrawal or for submitting a statement of price reduction begins upon the ineffective expiry of the deadline for replacement or defect removal.
All complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Client in writing to the Seller’s address or by e-mail: hibeautyserviceuk@gmail.com.
Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Client.
The Client may submit a complaint to the Seller in connection with the use of free electronic services provided by the Seller. The complaint may be submitted electronically and sent to the contact e-mail address. The complaint should include a description of the problem. The Seller considers complaints promptly, but no later than within 14 days, and provides the Client with a response.

9 Withdrawal from the Sales Agreement

The Client has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day on which the Client took possession of the item.
To withdraw from the Agreement, the Client should inform the Seller by letter sent by post, fax or e-mail.
In the event of withdrawal from the Sales Agreement, it is considered not concluded.
In the event of withdrawal, the Seller will refund to the Client all payments received from the Client, including the cost of delivering the Goods (except for additional costs resulting from the Client’s choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day the Seller is informed of the decision to withdraw.
The refund will be made using the same means of payment as used by the Client in the original transaction, unless the Client expressly agreed otherwise.
If the Client chose a delivery method other than the cheapest standard Delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Client.
The Seller may withhold the refund until receiving the item back or until the Client provides proof of sending it back, whichever occurs first.
In the event of withdrawal, the Client bears the direct costs of returning the item which can be returned by post in the usual way.
If, due to its nature, the Goods cannot be returned by post in the usual way, the Seller informs the Client of the cost of returning the item on the store website.
The Client is liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

10 Free services

The Seller provides the following free electronic services to Clients: Contact form; Newsletter; Maintaining a Client account; Posting reviews.
Free services are provided 7 days a week, 24 hours a day.
The contact form consists of sending a message to the Seller via a form on the store website. Opting out of this service is possible at any time by stopping sending inquiries to the Seller.
The Newsletter is a service available to any Client who enters their e-mail address using the registration form provided by the Seller on the store website. After sending the completed registration form, the Client immediately receives an electronic confirmation from the Seller to the e-mail address provided in the form. At that moment, an agreement for the electronic Newsletter service is concluded.
The Newsletter service consists of the Seller sending e-mails containing information about new products or services in the Seller’s offer. The Newsletter is sent to all Clients who have subscribed. Each Newsletter includes, in particular: information about the sender, a completed “subject” field specifying the content, and information about the possibility and method of unsubscribing. The Client may unsubscribe at any time via the link included in each e-mail sent as part of the service or by activating the appropriate option in their Account on the store website.
Maintaining a Client account is possible after registration and consists of providing the Client with a dedicated panel on the store website allowing the Client to modify the data provided during registration and to track the status of orders and the history of completed orders. A registered Client may request deletion of their account; in the case of such a request, the account may be deleted within up to 20 days from the request.
Posting reviews consists of enabling Clients who have an account on the store website to publish individual and subjective statements, in particular about the Goods.
The Seller is entitled to block access to the Client account and free services if the Client acts to the detriment of the Seller or other Clients, violates the law or these Terms and Conditions, or if blocking access is justified for security reasons, in particular: breaking the store website’s security or other hacking activities. Blocking access for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access. The Seller notifies the Client of blocking access electronically to the e-mail address provided in the registration form.

11 Client obligations

By posting content and making it available, the Client voluntarily disseminates it. Posted content does not express the Seller’s views and should not be identified with the Seller’s activity. The Seller is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
The Client declares that:

1. they are entitled to use economic copyrights, industrial property rights and/or related rights to – respectively – works, industrial property objects (e.g. trademarks) and/or related-right objects that make up the content;
2. posting and sharing within the services referred to in §10 of these Terms and Conditions of personal data, image and information about third parties has taken place legally, voluntarily and with the consent of the persons concerned;
3. they consent to other Clients and the Seller viewing the published content and authorize the Seller to use it free of charge in accordance with these Terms and Conditions;
4. they consent to making adaptations of works within the meaning of the Copyright and Related Rights Act.

The Client is not entitled to:

1. post, within the use of the services referred to in §10 of these Terms and Conditions, personal data of third parties or disseminate images of third parties without the permission required by law or the consent of the third party;
2. post, within the use of the services referred to in §10 of these Terms and Conditions, advertising and/or promotional content.

It is prohibited for Clients to post content that could in particular:

1. be posted in bad faith, e.g. with the intention of infringing personal rights of third parties;
2. infringe any rights of third parties, including rights related to copyright and related rights protection, industrial property protection, trade secrets, or obligations of confidentiality;
3. be offensive or constitute a threat to other persons, contain wording contrary to good morals (e.g. vulgarisms or commonly recognized offensive terms);
4. conflict with the Seller’s interests;
5. otherwise violate these Terms and Conditions, good morals, applicable law, social norms or customs.

Upon receiving a notification, the Seller reserves the right to modify or remove content posted by Clients within the use of services, in particular regarding content that, based on reports from third parties or relevant authorities, has been found to potentially violate these Terms and Conditions or applicable law. The Seller does not conduct ongoing monitoring of posted content.
The Client agrees to the Seller’s free use of content posted by the Client within the store website.

12 Processing of personal data

The personal data controller is the Seller, whose identification and contact details are first specified in §1 of these Terms and Conditions under the heading “Seller”.
Personal data are processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and other generally applicable laws.
Data obtained by the Administrator during ordering and concluding a sales agreement are processed in connection with:

1. the necessity to perform agreements concluded with the Administrator and actions taken prior to concluding such agreements at your request (Article 6(1)(b) GDPR),
2. the necessity to fulfill a legal obligation incumbent on the Administrator (Article 6(1)(c) GDPR).

In the case of subscribing to the newsletter, personal data are processed based on consent for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6(1)(a) GDPR).
The Client’s personal data may be processed based on the Administrator’s legitimate interest in securing and pursuing claims (Article 6(1)(f) GDPR).
Providing personal data is voluntary; however, it is required to place an order, conclude a sales agreement and properly perform it.
Depending on the chosen delivery method and payment method, the Client’s personal data may be transferred to the selected carrier or shipping intermediary engaged by the Administrator to deliver the order, as well as to the entity handling electronic payments or card payments, hosting service providers and IT entities maintaining the online store.
Personal data are stored for the duration of the agreement (newsletter subscription) and for the period necessary to secure or pursue any claims arising from the agreement; after-sales customer service (handling complaints) or fulfilling a legal obligation imposed on the Administrator (e.g. accounting and tax regulations).
Personal data processed for marketing and other purposes than those listed above will be processed until the previously given consent is withdrawn.
If the Administrator intends to further process personal data for a purpose other than the purpose for which the data were collected, before such further processing the Administrator must inform the Client and provide all necessary information.
The Client has the right to request access to their personal data, rectification, erasure or restriction of processing, the right to object to processing, as well as the right to data portability. The Client also has the right to lodge a complaint with a supervisory authority.
Information about the Administrator’s obligation to protect Buyers’ data collected during purchases in the Store in accordance with applicable regulations and the highest security and data protection standards is described in detail in the Privacy Policy (6. Personal Data Protection).

13 Final provisions

1. The Seller is liable for non-performance or improper performance of the Sales Agreement.
2. The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time by the Client.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The governing law for resolving any disputes is Polish law.
4. The Seller informs the Client about the possibility of using out-of-court complaint and claim settlement methods. Rules of access to these procedures are available at the offices or websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
5. The Seller informs that the platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
6. The Seller reserves the right to amend these Terms and Conditions.
7. All orders accepted for processing before the effective date of the new Terms and Conditions are processed under the Terms and Conditions in force on the date the Client placed the order. Amendments enter into force 7 days after publication on the Online Store website. The Seller must inform the Client 7 days before the effective date about the change via an electronic message containing a link to the amended text.

If the Client does not accept the new Terms and Conditions, the Client is obliged to notify the Seller and may not place new orders in the Online Store.
These Terms and Conditions enter into force on the date of their publication.