REGULATIONS

 

1. These Regulations define the general conditions, principles and method of sale conducted by Joanna Małek-Baranowska running a business under the name SKINLAB Gabinet Kosmetologii Joanna Małek-Baranowska with its registered office in Gdańsk via the online store www.skinlabgabinet.com (hereinafter referred to as the “Online Store”) and define the terms and conditions of the provision of electronic services by Joanna Małek-Baranowska conducting business under the name SKINLAB Gabinet Kosmetologii Joanna Małek-Baranowska with its registered office in Gdańsk for free electronic services.

§1 Definitions

1. Working days – means the days of the week from Monday to Friday, excluding public holidays.

2. Delivery – means the actual action consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.

A) Courier company;

(B) InPost Sp. z o.o. based in Krakow, providing delivery and operation of the mailbox system (Parcel Locker) services.

3. Password – means a string of letters, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

4. Customer – means an entity to which, in accordance with the Regulations and the law, services may be provided electronically or with which a Sales Agreement may be concluded.

5. Consumer – means a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.

6. Customer Account – means a panel individual for each Customer, launched in his favour by the Seller, after the Customer Registers and concludes a contract for the provision of the Customer Account Management service.

7. Entrepreneur – means a natural person, a legal person or an organisational unit that is not a legal person, whose law grants legal capacity, conducting business or professional activity in his own name and performing a legal act directly related to his business or professional activity.

8. Entrepreneur with Consumer rights – means a natural person concluding a Sales Agreement directly related to his economic activity, if the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9. Regulations – means these regulations.

10. Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.

11. Seller – means Joanna Małek-Baranowska running a business under the name of SKINLAB Gabinet Kosmetologii Joanna Małek-Baranowska with its registered office in Gdańsk (80-280), ul. Mariana Hemara 2, NIP: 7921975527, REGON: 221190222, entered in the Central Register and Information on Economic Activity kept by the Minister of Development, Labour and Technology; e-mail: sklep@skinlabgabinet.com, which is also the owner of the Online Store.

12. Store Website – means the websites under which the Seller runs the Online Store, operating in the domain www.skinlabgabinet.com

13. Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.

14. Permanent medium – means a material or tool that allows the Customer or the Seller to store information addressed personally to him, in a way that allows access to the information in the future for a time appropriate for the purposes for which this information is used, and which allows the reproduction of the stored information in an unchanged form.

15. Sales contract – means a distance sales contract, on the terms set out in the Regulations, between the Customer and the Seller.

§2 General provisions and use of the Online Store

1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to the patterns, forms, logos posted on the Store’s Website (except for logos and photos presented on the Store’s Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the Seller’s consent expressed in writing.

2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for using the Store’s Website are a web browser in at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with Javascript support enabled, accepting cookies and an Internet connection with a bandwidth of at least 256 kbit/s. The Store’s website is optimised for a minimum screen resolution of 1024×768 pixels.

3. The Seller uses the mechanism of “cookies”, which, when customers use the Store’s Website, are saved by the Seller’s server on the hard disk of the Customer’s end device. The use of “cookies” is aimed at the correct operation of the Store’s Website on Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Clients’ end devices or in the software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.

4. In order to place an order in the Online Store via the Store’s Website, it is necessary for the Customer to have an active e-mail account.

5. It is prohibited for the Customer to provide illegal content and by the Customer to use the Online Store, the Store’s Website or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.

6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorised persons, so Customers should use appropriate technical measures that will minimise the risks indicated above. In particular, they should use anti-virus and identity protection programs for Internet users. The Seller never asks the Customer to provide him with a Password in any form.

7. It is not allowed to use the resources and functions of the Online Store in order to conduct by the Customer an activity that would violate the interest of the Seller, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content.

§3 Registration

1. In order to create a Customer Account, the Customer is obliged to make a free Registration.

2. Registration is not necessary to place an order in the Online Store.

3. For Registration purposes, the Customer should fill out the registration form made available by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. When filling out the registration form, the Customer has the opportunity to familiarise himself with the Regulations by accepting their content by marking the appropriate field in the form.

5. After sending the completed registration form, the Customer receives immediately, electronically to the e-mail address provided in the registration form, confirmation of Registration by the Seller. From this moment, a contract is concluded for the provision of the Customer Account Maintenance electronically service, and the Customer gets the opportunity to access the Customer Account and make changes to the data provided during the Registration.

§4 Orders

1. The information contained on the Store’s Website does not constitute the Seller’s offer within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.

2. The customer can place orders in the Online Store via the Store’s Website 7 days a week, 24 hours a day.

3. The customer placing an order via the Store’s Website completes the order by choosing the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Product presented on the Store’s Website. After completing the entire order and indicating the method of Delivery and the form of payment in the “BOSH”, the customer places an order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.

4. Placing an order constitutes the submission to the Seller by the Customer of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.

5. After placing an order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.

6. Then, after confirming the order, the Seller sends information about the acceptance of the order for realisation to the e-mail address provided by the Customer. Information on the acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in §4 section 4 above and the Sales Agreement is concluded upon its receipt by the Customer.

7. After concluding the Sales Agreement, the Seller confirms its conditions to the Customer by sending them on a Durable Medium, to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.

§5 Payments

1. The prices on the Store’s Website posted with a given Product are gross prices and do not contain information about the costs of Delivery and any other costs that the Customer will be obliged to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing an order.

2. The customer can choose the following forms of payment for the ordered Goods:

A) Bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the Customer a confirmation of acceptance of the order and after the funds are credited to the Seller’s bank account);

(B) Payment card or bank transfer via an external PayU payment system, operated by PayU S.A. with its registered office in Poznań (in this case, the order will be processed after the Seller sends the Customer a confirmation of acceptance of the order and after receiving information from the PayU system about the positive completion of the payment).

3. The customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.

4. In the event of the Customer’s failure to fulfil the payment within the period referred to in §5 para. 3 of the Regulations, the Seller sets the Customer an additional deadline for making a payment and informs the Customer about it on a Durable medium. Information about the additional deadline for making a payment also contains information that after the ineffective expiry of this period, the Seller will withdraw from the Sales Agreement. In the event of an ineffective expiry of the second payment deadline, the Seller will send the Customer on a Durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.

§6 Delivery

1. The Seller carries out the Delivery on the territory of the Republic of Poland.

2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.

3. The Seller places on the Store’s Website information about the number of Business Days needed for Delivery and Order fulfilment.

4. The date of Delivery and order fulfilment indicated on the Store’s Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.

5. The Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

If you choose InPost Sp. z o.o. with its registered office in Krakow as the Supplier, the Delivery address will be the address of the parcel locker selected by the Customer at the time of placing the order.

6. On the day of sending the Goods to the Customer, information confirming the sending of the shipment by the Seller is transmitted to the Customer’s e-mail address.

7. The customer is obliged to examine the delivered shipment in time and in the manner accepted for shipments of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee write the appropriate protocol.

8. The Seller sends proof of purchase to the Customer’s e-mail address provided in the order form, including the delivered Goods in the form of an electronic file in PDF format. In order to open the file, the Client should have free software compatible with the PDF format. The vendor recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at http://www.adobe.com.

In order to receive a VAT invoice, the customer should declare at the time of making a purchase that he is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form before sending the order to the Seller.

9. In the event of the Customer’s absence at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him by phone to determine the date on which the Customer will be present. In the event of return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer electronically or by phone, re-arranging with the Customer the date and cost of Delivery.

§7 Warranty

1. The Seller ensures the Delivery of the Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).

2. If the Goods have a defect, the Customer may:

A) Submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect.

This restriction does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with a defect-free one or remove defects. Instead of removing the defect proposed by the Seller, the Customer may demand the replacement of the Goods for a defect-free one or, instead of replacing the Goods, demand the removal of the defect, unless bringing the goods into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free of defects, the type and significance of the defect found are taken into account, as well as the inconveniences to which the Customer would be exposed by another method of satisfaction.

The customer cannot withdraw from the Sales Agreement if the defect is insignificant.

(B) Demand the replacement of the defective Goods with a defect-free one or the removal of the defect. The Seller is obliged to replace the defective Goods with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer.

The Seller may refuse to meet the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or, compared to the second possible method of bringing it into compliance with the Sales Agreement, would require excessive costs. Repair or replacement costs are borne by the Seller.

3. The Customer who fulfils the rights under the warranty is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer and an Entrepreneur with the rights of a Consumer, the cost of delivery is covered by the Seller.

4. The Seller is liable under the warranty if a physical defect is found before the expiration of two years from the delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one expires at the end of one year, but this period cannot end before the expiry of the period specified in the first sentence. During this period, the Customer may withdraw from the Sales Agreement or submit a statement of price reduction due to a defect in the Goods. If the Customer requested the replacement of the Goods with a defect-free one or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a statement of price reduction begins at the moment of the unsuccessful expiry of the deadline for replacing the Goods or removing the defect.

5. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may send in writing to the Seller’s address.

6. Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint of the Goods or complaint related to the implementation of the Sales Agreement notified by the Customer.

7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint can be submitted in electronic form and sent to the address sklep@skinlabgabinet.com In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaints and respond to the Customer.

8. The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§8 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving a reason.

2. The deadline for withdrawing from the Sales Agreement begins from the moment the Goods are taken possession of by the Consumer, the Entrepreneur with the rights of the Consumer or a third party indicated by them other than the carrier.

The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller’s address, i.e.: SKINLAB – RETURN, ul. 3 MAJA 15/3, (81-747) Sopot, or via e-mail to the Seller’s address, i.e.: sklep@skinlabgabinet.com The statement can be submitted on the form, the template of which was posted by the Seller on the Store’s Website at the address: Withdrawal form. To meet the deadline, it is enough to send a statement before it expires.

The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before it expires. The Seller immediately confirms to the Consumer and the Entrepreneur with the Consumer’s rights to receive the form submitted via the website.

3. In the event of withdrawal from the Sales Agreement, it is considered not concluded.

4. If the Consumer or Entrepreneur with the rights of the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer or the Entrepreneur’s statement with the Consumer’s rights to withdraw from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with the Consumer’s rights. The Seller may withhold the refund of payments received from the Consumer or the Entrepreneur with the Consumer’s rights until the Consumer or the Consumer or the Entrepreneur with the Consumer’s rights provides proof of returning the Goods, depending on which event occurs first.

6. If the Consumer or the Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest conventional method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or the Entrepreur with the Consumer’s rights to the additional costs incurred by him.

7. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller’s address before the expiry of this deadline.

8. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer bears only the direct costs of the return.

9. If, due to its nature, the Goods cannot be returned by post in the usual mode, the Seller informs the Consumer and the Entrepreneur with the Consumer’s rights about the costs of returning the goods on the Store’s Website.

10. The Consumer and the Entrepreneur with the rights of the Consumer are responsible for reducing the value of the Goods resulting from its use in a manner that goes beyond the manner necessary to determine the nature, characteristics and functioning of the Goods.

11. The Seller refunds the payment using the same method of payment used by the Consumer or Entrepreneur with the Consumer’s rights unless the Consumer or Entrepreneur with the Consumer’s rights has expressly agreed to another method of refund that does not involve any costs for him.

12. The Consumer and the Entrepreneur with the rights of the Consumer are not entitled to withdraw from the Sales Agreement in relation to contracts in which the Goods are a non-prefabricated item, manufactured according to the specifications of the Consumer, the Entrepreneur with the rights of the Consumer or serving to meet his individual needs.

13. The Consumer and the Entrepreneur with the rights of the Consumer do not have the right to withdraw from the Sales Agreement in relation to contracts in which the Goods are delivered in a sealed package, which after opening the package cannot be returned due to health protection or for hygienic reasons, if the package has been opened after delivery.

14. The Consumer and the Entrepreneur with the rights of the Consumer are not entitled to withdraw from the Sales Agreement in relation to contracts in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.

§9 Free services

1. The Seller provides to Customers, electronically, free services:

A) Newsletter;

(B) Maintaining A Customer Account.

2. The services indicated in §9 section 1 above are provided 7 days a week, 24 hours a day.

3. The Seller reserves the right to choose and change the type, forms, time and method of providing access to selected services, which he will inform Customers about in a manner appropriate for changing the Regulations.

4. The Newsletter service can be used by any Customer who enters his e-mail address, using the registration form made available by the Seller on the Store’s Website. After submitting the completed registration form, the Customer receives an activation link immediately, electronically to the e-mail address provided in the registration form, in order to confirm the subscription to the Newsletter. As soon as the link is activated by the Customer, a contract is concluded for the electronic provision of the Newsletter service.

5. The Newsletter service consists in sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Customers who have subscribed.

6. Each Newsletter addressed to Customer data contains in particular: information about the sender, the completed “subject” field specifying the content of the shipment and information about the possibility and method of opting out of the free Newsletter service.

7. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.

8. The Customer Account Maintenance service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store’s Website, allowing the Customer to modify the data provided during the Registration, as well as tracking the status of orders and the history of orders already completed.

9. The Customer who has made the Registration may notify the Seller with a request to delete the Customer Account, and if the Seller requests the deletion of the Customer Account, it may be deleted up to 14 days from the submission of the request.

10. The Seller is entitled to block access to the Customer’s Account and free services, in the event of the Customer’s actions to the detriment of the Seller, i.e. conducting an advertising activity of another entrepreneur or product; activity consisting in posting content not related to the Seller’s activity; activity consisting in posting false or misleading content, as well as in the case of the Customer’s actions to the detriment of other Customers, violation by the law or provisions of the Regulations by the Customer, as well as when blocking access to the Customer’s Account and free services is justified for security reasons – in particular: by the Customer breaking the Store’s security of the Store’s Website or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue that is the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer of blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.

§10 Protection of personal data

1. The principles of Personal Data Protection are set out in the Privacy Policy.

§11 Termination of the contract (does not apply to Sales Contracts)

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the above agreement and the provisions below.

2. The Customer who has made the Registration terminates the contract for the provision of services electronically by sending the Seller an appropriate declaration of intent, using any means of distance communication, allowing the Seller to familiarise himself with the Customer’s declaration of intent.

3. The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.

§12 Final provisions

1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.

2. The content of these Regulations can be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.

3. In the event of a dispute on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Regulations is Polish law.

4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the headquarters or on the websites of entities authorised to out-of-court dispute resolution. They may be, in particular, consumer rights advocates or Voivodship Inspectorates of Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection.

The seller informs that a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.

5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for implementation before the date of entry into force of the new Regulations are realised on the basis of the Regulations, which were in force on the day of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an electronic message containing a link to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §11 of the Regulations.

6. Contracts with the Seller are concluded in Polish.

7. The regulations come into force on 31.01.2025.