Online store regulations
These Regulations set out the terms and conditions of use of the online store cbshop.pl
The Seller is Cult Project Spółka z ograniczoną odpowiedzialnością, registered at Czluchowska 66, 01-360, Warsaw, NIP number: 5223265436, REGON: 525923379.
Contact between the Seller and the Customer takes place through:
- mail: beautyshopcult@gmail.com
- phone: 571053413
DEFINITIONS
Order processing time - the time in which the order is completed and then handed over to the carrier to deliver the goods to the address indicated by the Customer; The order processing time does not include the delivery time
Working Days - means weekdays from Monday to Friday (excluding public holidays)
Client - an entity with full legal capacity, which, under the terms and conditions specified in the Regulations, places an order in the Online Store and for which services are provided electronically
Consumer - a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity
Privileged entrepreneur - a natural person who concluded an agreement with us after December 31, 2020, which is directly related to his/her business activity, but is not of a professional nature for him/her
Account - a service provided electronically; a modifiable element of the store, created after the Customer has registered, in which the Customer's information and documentation related to their orders are collected
Basket - a service provided electronically; a form that is an integral part of the store's purchasing system, in which the Customer specifies and approves the subject and terms of the order
Newsletter - a service provided electronically, by means of which the seller informs the customer about new products in the store, by periodically sending selected and appropriately edited content in the form of an electronic letter
Privacy Policy - a document regulating the security of privacy protection and processing of personal data of Customers; the Privacy Policy constitutes an annex to the regulations.
Price comparison tool - a service provided electronically, enabling customers to compare products available in the store
Regulations - these regulations of the Online Store; the Regulations are made available free of charge before concluding agreements on the website of the online store, and also - at the request of the Customer - in such a way that allows him to obtain, reproduce and record the content of the regulations using an IT system
Registration - a service provided electronically; a procedure carried out by the Customer in order to set up an account and possibly complete an order and use certain functions of the online store
Online store (store) - online service available at sunone.pl, through which the Customer can, in particular, place an order for available goods
Goods - a product available in the online store, which may constitute the subject of a sales contract; the essential and specific properties of each product are made available on the assigned subpage of the store
Sales agreement - a sales agreement for goods within the meaning of the Act of 23 April 1964 - the Civil Code, concluded in accordance with the provisions of these regulations between the seller and the customer, via the store's sales system
Search engine - a service provided electronically; an interactive form enabling the search for goods and content within the store
Order - a declaration of will by the Customer leading directly to the conclusion of a sales contract and indicating its essential terms, made using the basket function; Orders can be placed electronically through the store's sales system, 24 hours a day, 7 days a week throughout the year, provided that they are fulfilled on Business Days from 9:00 a.m. to 6:00 p.m.
I GENERAL PROVISIONS
1 These regulations define the rules of using the store, in particular the terms of using services electronically, placing and modifying orders, submitting complaints, making payments, as well as other rights and obligations of the Customer and the Seller.
2 The condition for using the store is to read the regulations and accept them. A person who has not accepted the provisions of the regulations may not use the store.
3 The information contained in the store does not constitute an offer within the meaning of the Act of 23 April 1964 - the Civil Code, but constitutes an invitation to submit offers by Customers.
4 The Customer is prohibited from providing illegal content and from using the store in a way that disrupts or prevents its operation.
5 In order to use the store, the following minimum technical requirements must be met on the Client's side: a device with access to the Internet, an installed and updated version of a web browser: Internet Explorer (version 9 and higher), Chrome (version 30 and higher), FireFox (version 34 and higher), Opera (version 12 and versions 30 and higher), Safari (version 4 and higher); with JavaScript and Cookies support enabled, an active e-mail account. Recommended minimum screen resolution: 1024x768 pixels.
6 Agreements are concluded in accordance with Polish law and in Polish.
II ACCOUNT AND OTHER SERVICES PROVIDED ELECTRONICALLY
1 The Store provides Customers with free services provided electronically in the form of store functionalities, i.e.: interactive forms, including registration and contact forms, Customer account, search engine, comparison engine, newsletter and shopping cart.
2 Each of the agreements for the provision of services by electronic means may be terminated by the customer at any time without giving a reason, in the manner indicated here or in further provisions of the regulations. Agreements for the provision of services provided by electronic means, consisting in the use of the form functionality, are concluded for a fixed period and are terminated upon sending the content of the form to the seller or store or ceasing to use them. The customer may also resign from services in the form of interactive forms or a comparison tool by refraining from using these services.
3 In order to create an account and obtain the status of a registered customer, you must first complete the registration procedure.
4 Registration is done via an interactive form by the Customer, who fills it in according to the messages displayed in the form while filling it in, and then activates the "Register account" button. The Customer is obliged to provide their true data and fill in the fields marked as mandatory. Upon confirmation of Registration, an agreement is concluded between the Customer and the Seller for the provision of the electronic service of maintaining the Account for an indefinite period.
5 The Customer may terminate the Account management agreement at any time with immediate effect by sending such a declaration of intent to the seller. The termination is effective upon its receipt by the seller.
6 During the registration process, the Customer provides a password, through which they then gain access to the account. The Customer is obliged to protect the password and may not share the password with third parties. The account is non-transferable. The Customer is obliged to update the account data necessary to complete the order.
III ORDER AND SALES AGREEMENT
1 Orders can be placed by Customers who have the status of a registered and unregistered user of the store. An unregistered Customer places an order bypassing the registration and login procedure.
2 The customer places an order by virtually adding goods to the basket using the "Add to basket" button. Successful addition of goods causes the goods indicator on the list to change in the basket tab.
3 After confirming the selection of goods and billing, delivery and contact details, the Customer indicates in the order form the form and price of the order shipment and the form of payment. After completing the order, the Customer confirms it and sends it to the seller by activating the "Order" button.
4 During the ordering process, until the "Order" button is activated, the Customer can detect and correct errors in the order and modify it via the store's sales system.
5 After this point, the Customer may change the order, in particular correct errors in the entered data, until the shipment of the goods by direct, immediate (by phone or e-mail) contact with the seller. A registered Customer may also edit the order through the option of their account while the Order is not yet prepared for shipment.
6 By placing an order, the Customer submits to the Seller an offer to conclude a sales contract for the goods that are the subject of the order. The sales contract is concluded by accepting the above offer by the Seller, at the time the Customer receives confirmation of acceptance of the order for execution by the Seller.
7 The content of the concluded sales agreement is recorded, secured and made available via the store's sales system and is sent to the Customer's e-mail address or in writing to the address indicated by the Customer in the order. The Customer who placed the order will be provided with a digital document confirming the conclusion of the agreement along with its content.
8. The Order Fulfillment Time is up to 5 Business Days. Order fulfillment begins after: (a) bank transfer - after the payment has been posted by the seller, (b) electronic payment via an online payment system or using a payment card - after the seller has received positive authorization from the payment operator.
IV PRICES AND PAYMENT
1 Prices listed on the store's website are gross prices (they include all customs duties and taxes, including VAT), are expressed in Polish zlotys and do not include shipping costs. The total price of the order is calculated according to the choices made by the Customer in the order form, in accordance with the rates indicated therein.
2 The binding price is indicated to the Customer in the order summary at the time of sending it to the Seller. In special cases, the Customer's bank may charge a commission for currency conversion of transactions made in a currency other than PLN.
3 The Customer may choose one of the following payment methods: (a) bank transfer to the seller's bank account (account number 38102011850000420203658622); (b) bank transfer via the external payment system Przelewy24, (c) online payment (the entity providing online payment services is Przelewy24) (d) Payment cards:
*Visa
*Visa Electron
* Mastercard
* MasterCard Electronic
*Maestro
4 The customer is obliged to pay for the order no later than 7 (seven) business days from the date of conclusion of the sales contract.
5 A sales document in the form of an invoice is issued for each sold product. The accounting document is a confirmation of the essential elements of the placed order. Each Customer who purchases the offered products accepts the issuance and sending of invoices by the Seller in electronic form, in accordance with the Regulation of the Minister of Finance of 17.12.2010 on the issuance and sending of invoices in electronic form, as well as the storage and making these invoices available to the tax authority or fiscal control authority (Journal of Laws 2010, No. 244, item 1661).
6 Prices and costs given in the store may change (as part of a promotional campaign or sale of goods, or price changes by the manufacturer or carrier). The terms of the order may not be changed in relation to the Customer who submitted an offer in the manner indicated above, before the price change.
V DELIVERY 1 Orders are delivered within the territory of the Republic of Poland.
Delivery is made in the manner chosen by the Customer, provided that the Customer may choose one of the following forms: (a) via a courier company; (b) via Poczta Polska.
2 The shipping cost is calculated based on the shipping prices indicated in the order form and the delivery method chosen by the Customer. The Customer agrees to be charged for the shipping costs.
3 The condition for sending the goods is the due payment for the order.
4 The order delivery time is up to 4 (four) business days, counted from the date of sending the order.
5 If, before the shipment is released, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish in a protocol the condition of the shipment and the circumstances of the damage. The carrier should also do this at the request of the Customer, if he claims that the shipment has been tampered with. The risk of accidental loss or damage to the goods passes to the Customer at the moment of its release.
VI. COMPLAINTS
1 The Seller is obliged to deliver goods free from defects to the Customer. The Seller is liable to the consumer/privileged entrepreneur if the goods have a physical or legal defect (warranty). If the goods have a defect, the consumer/privileged entrepreneur may submit a declaration of a price reduction or withdrawal from the sales contract, or demand the exchange of the defective goods for defect-free goods or removal of the defect.
2 The warranty applies only to consumers and privileged entrepreneurs. The Parties, the Customer who is not a consumer and the seller, exclude the warranty for defects between themselves.
3 Warranty claims should be submitted to the following address: Cult Project ul. Człuchowska 74/U2, Warsaw. To facilitate the complaint procedure, the goods subject to complaint should be delivered together with proof of purchase and a complaint notification (i.e. indication of the person filing the complaint, request for consideration of the complaint with indication of the method and indication of the defect of the goods).
4 The Seller will respond to the request of the consumer/privileged entrepreneur within 14 (fourteen) days. The Seller will inform the Customer about the complaint and its result in a message sent to the address provided by the Customer in the complaint.
5 The complaint procedure applies accordingly to services provided electronically by the seller. Complaints about services provided electronically can also be submitted to the seller's e-mail address: beautyshopcult@gmail.com
6 From 1 January 2023, the terms of complaints in the event of non-conformity of the goods with the contract change for products purchased after 1 January 2023, namely:
• In the event of non-conformity of the goods with the contract, the Consumer or Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
• The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is revealed within two years of that time, unless the expiry date of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
• Pursuant to the provisions of the Consumer Rights Act, the Consumer and the privileged Buyer may in each case demand:
1 exchange of goods,
2 repairs to goods.
• Additionally, the Consumer or Privileged Buyer may submit a declaration of:
1 price reduction,
2. withdrawal from the contract
• in a situation where:
• The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
• The Seller failed to bring the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
• the lack of conformity of the goods with the contract persists despite the fact that the Seller has attempted to bring the goods into conformity with the contract;
• the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
• it clearly follows from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
• In the case of goods subject to repair or replacement, the Consumer or the privileged Buyer should make this goods available to the Seller. The Seller collects the goods from the privileged Buyer at its own expense.
• The consumer or privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
VII. RETURNS
1 A Consumer or Privileged Entrepreneur who has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate written declaration within 14 (fourteen) days from the date of: (a) for a Sales Agreement – from the date of taking possession of the Goods by the Consumer/Privileged Entrepreneur or a third party indicated by him other than the carrier; (b) for other contracts – from the date of conclusion of the contract.
2 If the Consumer/Privileged Entrepreneur submitted a declaration of withdrawal from the contract before the seller accepted his offer, the offer ceases to be binding.
3 To meet this deadline, it is sufficient to send the declaration before it expires. The Customer may use the model declaration of withdrawal from the contract, which is an annex to these regulations and attached to the order. The Customer is not obligated to use this model.
4 In the event of withdrawal from the contract, the seller returns to the Consumer/Privileged Entrepreneur all received payments, including the costs of delivering the goods (except for additional costs resulting from the Consumer/Privileged Entrepreneur's chosen method of delivery other than the cheapest standard method of delivery offered by the store), immediately, and in any case no later than 14 (fourteen) days from the day on which the seller was informed of the decision to exercise the right to withdraw from this contract. The seller returns the payment using the same method of payment as used by the consumer/privileged entrepreneur, unless he/she has expressly agreed to another method of return that does not involve any costs for him/her.
5 The Consumer/Privileged Entrepreneur is obliged to return the goods to the seller immediately, but no later than 14 (fourteen) days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the goods before it expires.
6 The privileged consumer/entrepreneur is liable for any reduction in the value of the goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7 The right to withdraw from the contract does not apply to the Consumer in relation to contracts specified in Article 38 of the Act of 30 May 2014 on consumer rights, in particular contracts where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
8. The direct costs of returning the goods to the seller in the event of withdrawal from the distance contract are borne by the Consumer/Privileged Entrepreneur.
8th NEWSLETTER
1 The newsletter subscription service is provided free of charge by the seller to the customer who voluntarily consents to it.
2 In order to subscribe to the newsletter, the Customer performs the following actions: (a) orders using the form available on the cbshop.pl website, providing their e-mail address and name, newsletter service, (b) accepts the content of the regulations and consents to the transmission of commercial information via electronic means of communication related to the newsletter service provided, (c) activates the "Sign up" icon.
3 When the Customer activates the verification link sent by the Seller to the e-mail address provided when the Customer subscribed to the newsletter, an agreement for the provision of the newsletter service is concluded between the Seller and the Customer for an indefinite period.
4 The customer may terminate the agreement for the provision of the newsletter service at any time by deactivating the subscription. The resignation from the newsletter is made by sending such a declaration of will to the e-mail address beautyshopcult@gmail.com
5. Consent to receiving commercial information via electronic means of communication sent by the seller is voluntary and the customer may withdraw it at any time.
IX. CHANGES TO THE REGULATIONS
1 The Seller may change these regulations for important legal reasons (changes in generally applicable legal provisions or the form of the Seller's business) or technical reasons (modernization of the store infrastructure).
2 Registered users will be informed about the change of the regulations in an e-mail sent 7 (seven) days before the new regulations come into effect. Unregistered customers will be notified about this in a message displayed on the main page of the store for 7 (seven) days before the new regulations come into effect. During this time, the Customer must again accept or refuse to accept the regulations.
3 Orders placed before the amendments to the regulations come into force will be fulfilled in accordance with the current content of the regulations.
X GDPR - information clause Pursuant to Article 13 of the General Data Protection Regulation of 27 April 2016 (OJ EU L 119 of 04.05.2016), we hereby inform you.
1. The administrator of your personal data is Cult Project sp. z o. o. with its registered office in Warsaw at ul. Czluchowska 66, NIP 5223265436, REGON 525923379, email: beautyshopcult@gmail.com
2. Your personal data will be processed for the purpose of order fulfillment - pursuant to Article 6 paragraph 1 letter b of the General Data Protection Regulation of 27 April 2016.
3. The recipients of your personal data will be: - only entities authorized to obtain personal data under the provisions of law, - persons authorized by the Administrator to process data as part of the performance of their official duties, - entities to which the Administrator commissions the performance of activities involving the need to process data (processors).
4. Your personal data will be stored for an adequate period and no longer than the periods required by applicable laws in specific areas of personal data processing.
5. You have the right to access the content of your data and to rectify, delete or limit its processing, as well as the right to object, demand the cessation of processing and transfer of data, as well as the right to withdraw consent at any time.
6. You have the right to lodge a complaint with the supervisory authority.
7. Providing personal data is voluntary, but failure to provide data may result in refusal to process the order. 8. Your data will not be subject to automated decision-making (profiling). 9. The Administrator has no intention of transferring personal data to a third country or an international organization.
XI FINAL PROVISIONS
1 In matters not regulated by these regulations, the provisions of common law shall apply, in particular the Act of 23 April 1964 - the Civil Code, the Act of 17 November 1964 - the Code of Civil Procedure and the Act of 30 May 2014 - on consumer rights.
2 The Customer's obligations arising from the sales contract are fulfilled at the time of payment for the goods and delivery and receipt of the goods, made in accordance with the order.
3 All materials, including graphic elements, the composition of these elements, trademarks and others, available in the store are subject to exclusive rights, in particular they are subject to protection by copyright and industrial property rights.
The use of materials provided in the store in any form requires the seller's consent each time.
4 In the event of a dispute with the seller, the Customer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute resulting from the concluded sales agreement. The consumer may also apply for mediation or resolution by another arbitration court (use alternative dispute resolution methods, so-called ADR). If the dispute concerns a defect in the goods, it should be noted that using the assistance of the consumer court operating at the Trade Inspection is possible after the complaint process with the seller has been completed. Detailed information on access to the above procedures is available from the bodies conducting them, including on the websites that conduct them. In other cases, when determining the local jurisdiction of the court, the rules specified in the Act of 17 November 1964 - the Code of Civil Procedure (consolidated text: Journal of Laws of 2014, item 101, as amended) should be followed. Any disputes arising between the seller and the customer who is not also a consumer shall be submitted to the court having jurisdiction over the seller's registered office.
5 The Privacy Policy, located at the link: PRIVACY POLICY, constitutes an integral part of these Regulations.