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The Terms of Use of Online Store BabiczAndBabicz.Com

§1 General Provisions

Online store “STYLING ACADEMY STORE” is operated:

1)            in the range of the products offered in the Store, excluding training services referred to in § 1 point 2) hereof – by the entrepreneur carrying out business activity under the name “PAWEŁ BABICZ AKADEMIA STYLIZACJI”, based in Krakow, Tax Identification Number: 6792845666, National Business Statistical Number: 122618926, address: Borsucza 20, 30 - 408 Krakow, tel. 509 402 229, e-mail address for Clients to contact the vendor of the products offered in the Store: sklepPB@akademiastylizacji.pl.

2)            in the range of training services offered in the Store – by the company under the name: AKADEMIA STYLIZACJI SPÓŁKA JAWNA MAŁGORZATA BABICZ, PAWEŁ BABICZ, based in Krakow, Tax Identification Number: 6792885890, National Business Statistical Number: 120227972, address: Borsucza 20, 30 - 408 Krakow, tel. 509 402 229, e-mail address for Clients to contact the vendor of training services offered in the Store: sklepPB@akademiastylizacji.pl.

 

§2 Definitions

Client – a natural person with full or limited capacity to perform acts in law, legal person or organizational entity without legal personality but with legal capacity, which uses the Online Store, including in particular, the entity purchasing products or services.

Consumer – a client who is an individual, making purchases in the Online Store in the field unrelated directly to business or professional activity (in accordance with Art. 221 of the Act of 23 April 1964, Civil Code (Journal of Laws 1964.16.93).

Shopping Cart – the functionality of the Online Store, where there are visible the products or services for purchase by the Client, and where it is possible to determine and modify the details of the order, in particular: the number of products, delivery address, billing details for invoicing, delivery method, payment method. In the case of a registered Client, it is possible to enter the discount code number.

Materials – any content posted by the Client in the Online Store, including, in particular, comments, reviews of products or services that are available in the Online Store.

The entity implementing the payment – the entity, external to the Company, being an intermediary in implementing the payment by bank transfer, high-speed internet money transfers through a system of on-line payment or installment payment system.

Place of receipt – STYLING ACADEMY Salon.

STYLING ACADEMY Salon – retail point of sale kept by the entities set forth in § 1 of these Terms of Use.

Online Store –carried out by the entities set forth in § 1 of these Terms of Use of the Online Store, available at the Internet domain: sklep.akademiastylizacji.pl.

Product page – page in the Online Store which provides the information about the product or service.

 

§3 General Principles

1)            These Terms of Use set forth the rules for the use of the Online Store, ordering products or services available in the Online Store, delivering the ordered products or services to the Client, paying by the Client the purchase price of products or services, the powers of the Client to cancel the order and withdraw from the contract as well as the rules for submitting and handling complaints.

2)            In order to use the Online Store, including browsing the assortment of the Online Store and placing orders for products, it is necessary to:

a) have the terminal with the access to the Internet and web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) have an active e-mail account.

3)            The Client is entitled and obliged to use the Online Store in accordance with its intended purpose.

4)            The Client is obliged to refrain from any activity that could affect the proper functioning of the Online Store, and in particular from any intervention in the content of the Online Store or its technical elements, including the supply of illegal content. It is prohibited to use the Online Store for purposes other than its intended use, in particular spamming, undertaking any commercial activity on the websites of the Online Store, advertising, promotion activities, etc.

5)            The operators of the Online Store, set forth in § 1 of the Terms of Use, shall not be liable for any interference, including interruption of the functionality of the Online Store caused by the Entities implementing the payment, by force majeure, illegal action of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.

6)            Browsing the assortment of the Online Store does not require registration. It is possible for the Client to place orders for products and services offered in the assortment of the Online Store after a proper registration, in accordance with the provisions of § 4 of the Terms of Use or by providing the necessary personal data and address which allow the implementation of the order without a full registration, i.e. as a so-called "guest".

7)            The settlement of the transactions by credit card and e-transfer is carried out through PayU payment system. These services are provided by PayU SA with its registered seat in Poznań, 60-166 Poznań, Grunwaldzka 182, the national payment institution supervised by the Financial Supervision Commission, entered into the Register of payment services, under the number IP1/2012, entered into the register of entrepreneurs kept by the District Court in Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under the registry number KRS 0000274399, with the share capital in the amount of 4,000,000 PLN paid in full, holding the tax identification number: 779-23-08-495, National Business Statistical Number: 300523444 under the Rules of services available at: http://www.payu.com/files-to-download.

 

§4 Registration

1.            In order to register in the Online Store (opening the Client’s account), the person undertaking the registration shall fill in the registration form, provide the name and the surname, e-mail address and password, accept the terms and conditions of the use of the Online Store and consent to the processing of personal data to the extent necessary to create and modify the content, changes, termination and proper implementation of electronically supplied services and Client’s orders.

2.            The registration in the Online Store, as well as using the functionality of the Online Store are free of charge.

3.            After registering in the Online Store login is every time undertaken by using the data given in the registration form.

4.            In order to remove the Client's account from the Online Store, there shall be sent an e-mail at the address: sklepPB@akademiastylizacji.pl, with the request to delete the account from the email address currently registered in the Online Store.

 

§5 Terms of Using the Online Store

1.            Logging into the Online Store is done by typing in the login form the email address and the password provided when registering the Client’s account. The data given when registering the account may be changed after logging into the Client’s account (under “Account Details”, after selecting the option “Change Password”).

2.            Upon the registration at the Online Store there is created “Account Details” panel in respect of the Client. By placing all the details in the Client’s Account Panel, the Client declares that he is empowered to use the said data, including to decide to make it available to unlimited circle of people.

3.            The Client who has registered an account can use all the functionalities of the Online Store, including placing orders for products and services available in the assortment of the Online Store. It is possible for the Client to place Materials only in a situation of having an active profile on facebook.com and after successfully logging into this profile.

4.            The Client has the right to publish only those Materials in the Online Store, which do not violate generally applicable laws, the rights of third parties, including intangible property rights of third parties, personal interests of third parties and the principles of social coexistence (the materials deemed contrary to the principles of social coexistence are such materials which are incompatible with the nature of the functionality of the Online Store in which they were published – non-substantive entries in the form of comments, materials of a promotional or advertising character, including materials in the form of links to other sites). The Materials shall be consistent with the functionality of the Online Store in which they have been published – the entries of the comments, etc. shall be factual and shall relate thematically to the subject matter of a given product or service in relation to which they were published; at the same time, they cannot advertise or promote other people’s services, products or enterprises.

5.            Upon placing relevant Materials in the Online Store, the Client:

a) provides the Operators of the Online Store with the licence, unlimited in time and territory, to use the said Materials by these Operators in the activities of the Online Store. The Client is not entitled to any remuneration in respect of granting the above licence;

b) in the event of any claims addressed by third parties in relation to the Material placed on the Online Store by the Client, the Client undertakes to remedy the damage suffered in this respect by the Operators of the Online Store.

6.            The Operators of the Online Store are entitled to block the Client’s account, if its operation in the Online Store violates the provisions of these Terms of Use.

7.            The Operators of the Online Store are entitled to remove from the Online Store the Materials which violate the provisions of these Terms of Use.

8.            Any irregularities in the functionality of the Online Store shall be reported to the Operators of the Online Store at the email address: sklepPB@akademiastylizacji.pl.

9.            The Online Store reserves the right to change the prices of products and services in the offer, to introduce new products and services to the offer of the Online Store, to carry out and to cancel promotions at the Online Store and to implement changes therein. The Client is bound with the price disclosed in the Online Store at the time of placing the order for a given product or service. The products and services covered by the promotion are limited in quantity and the promotions are temporary. In the case of using bonuses added to the products, it is advisable that the Client ensures that the promotion is still valid - because the bonuses are distributed in accordance with the order of receipt of orders, which is not synonymous with an instant update in the promotions information system.

 

 

§ 6 Information on products and services

1.            Information on products and services available in the assortment of the Online Store represents an invitation to contract within the meaning of Art. 71 of the Civil Code.

2.            The prices of products or services set forth on the website of the Online Store:

a) include VAT and are provided in Polish zloty;

b) do not include the cost of delivery. Delivery costs depend on the form of delivery of the product or service to the Client, the value and the size of the order and are provided at the moment of selecting by the Client the method of delivering the product or the service. The total cost of the order (i.e. the price of products or services, including the costs of delivery) is indicated immediately before placing an order by the Client.

3.            The Operators of the Online Store reserve the right to implement on current basis the changes of in the prices of products or services and to carry out and cancel all kinds of promotions and sales. The right referred to in the previous sentence does not affect the orders placed before the date of entry into force of the changed prices or conditions of promotions or sales.

4.            The promotions in the Online Store cannot be combined, unless the rules of the particular promotion provide otherwise.

5.            The goods or services available in the Online Store are free from physical and legal defects.

 

§ 7 Conditions of performing the orders

1.            Orders can be placed as follows:

a) through a form available on the website of the Online Store,

b) by e-mail, at the email address available on the website of the Online Store,

c) by telephone, at the telephone numbers for placing orders, available on the website of the Online Store in the Contact section.

2.            The condition of performing the order is that the Client provides the data that enable the verification of the Client and the recipient of the goods. The Online Store confirms the receipt of the order by e-mail or by telephone.

3.            When placing the order, the Client makes an offer to purchase a particular product. The condition of concluding the contract is the acceptance of the Terms of Use by the Client. The contract is concluded upon the confirmation of the receipt of the shipment or upon collecting the voucher for training.

4.            Orders are executed by the Online Store within the term indicated at the particular product or service offered by the Online Store.

5.            In the absence of the ordered product or service in the STYLING ACADEMY or in the event of their absence at their supplier as well as in case of an inability to perform the Client’s order for other reasons, including the situation when their purchase from the suppliers operating the Online Store will not be possible during the period foreseen for the implementation of the order, the Operators of the Online Store shall inform the Client of the said situation by sending an email message to the Client’s e-mail address or shall provide the relevant information by telephone at the telephone number provided by the Client, within the period resulting from generally applicable law.

6.            In the event when the implementation of the part of the order is not possible, the Operators of the Online Store may propose the following to the Client:

a) to cancel the entire order (in case the Client selects this option, the Operator of the Online Store shall be exempt from the obligation to perform the order);

b) to cancel the order in the part in which its implementation is not possible within the prescribed period (in case the Client selects this option, the order shall be processed in part, whereas the Operator of the Online Store shall be exempt from the obligation to implement the remainder thereof);

c) to divide the order and set a new deadline for the implementation in relation to the part of the order the implementation of which is not possible within the original deadline (in case the Client selects this option, the products comprising the order shall be sent in several separate shipments, while the Client shall not bear the additional costs associated with the division of the order for several shipments).

7.            If the Client does not choose any of the methods of performing the order in a situation referred to in point 6 of this section (including the case of the inability to contact the Client for reasons not attributable to the Operator of the Online Store), the Operator of the Online Store shall provide the Client with the products whose order can be implemented on time, while the remainder of the order shall be canceled and the information in this respect shall be sent to the Client at the email address specified by the Client in the process of placing the order. The Client can withdraw from the contract to the extent to which it was performed, under the terms specified in § 12 of these Terms of Use.

8.            If the Client provides a false or inaccurate address, the Operator of the Online Store is not liable for a failure to deliver or for a delay in delivery of the subject matter of the order. The Online Store performs the order based on the data specified by the Client in the procedure of placing an order at the time of the order at the latest.

 

§ 8 Forms of payment and the commencement of the implementation of the order

1.            The Client has the following forms of payment at his option:

a) cash on delivery – in such case the payment is in cash upon the receipt of goods (this form of payment does not apply to online sale of training services);

b) transfer – in such case the Online Store reserves the goods at the STYLING ACADEMY Salon and sends them to the address specified by the Client after the Client’s payment into the bank account of the Operator of the Online Store set forth for this purpose on the website of the Online Store or in the email sent to the Client has been recorded.

c) electronic payments – in such case the settlement of the transactions by credit card and e-transfer is carried out via the PAYU system.

d) installment payments system operated by Żagiel S.A.

e) otherwise, if it is specified on the website of the Online Store.

2.            Shipping costs:

Prepayment: Poczta Polska (Polish Post) 14.50 PLN, Courier 23 PLN

Cash on delivery: Poczta Polska (Polish Post) 16.50 PLN, Courier 25.00 PLN.

3.            The condition for the release of goods is the payment for the goods and the payment of the shipping costs.

 

§ 9 The period of implementing the orders

1.            The Operator of the Online Store publishes the information on the website of the Online Store showing a particular product or service about the number of weeks during which there shall take place the shipment of the subject matter of the order or the time limit for the performance of services. The above information constitutes indicative time counted from the moment of accepting the order for its implementation until sending the subject matter of the order to the Client through the Polish Post to the Place of Receipt. The delivery time is given with regard to the date of the performance of the entire subject matter of the order in the form of the products ordered by the Client. The delivery time depends on the availability of a given product.

2.            The subject matter of the order can be delivered only in Poland by the Polish Post at the address specified by the Client.

3.            The Operator of the Online Store shall not be responsible for the prolonged delivery time or for non-delivery caused by the fact that the Client provided an incorrect or incomplete delivery address.

 

§ 10 Terms of complaints

1.            The Operator of the Online Store shall be responsible to the Client if the product sold has a physical or legal defect (warranty) where the physical defect is the incompatibility of the delivered products with the contract. The Operator of the Online Store shall be liable under the warranty if the physical defect is found within 2 (two) years from the date of delivering the product to the Client.

2.            The Operator of the Online Store shall address the Client’s complaint within 14 (fourteen) calendar days and shall notify him about further proceedings.

3.            In order to verify the complaint by the Operator of the Online Store, the Client shall provide the product or products being the subject of the complaint, at his own cost, along with the proof of purchase of the product (products) to the Operator of the Online Store, including the description of the complaint.

4.            If the complaint is settled in favour of the Client, the Operator of the Online Store shall immediately replace the defective product for the product free from defects or shall remove the defect. This does not affect the Client’s option to submit the statement regarding the reduction in price or the withdrawal from the contract in accordance with the applicable regulations. In case of the inability to replace the product, to remove the defect in the product or to reduce the price, the Operator of the Online Store shall promptly reimburse to the Client the due amounts, in accordance with the applicable law.

 

§ 11 Conditions of guarantee

1.            The products sold by the Operator of the Online Store can be covered by guarantee granted by the producer or distributor. The Operator of the Online Store does not provide any guarantee on any products sold. The rights under the guarantee must be exercised in accordance with the conditions set out in the warranty card. For details of guarantee, please contact STYLING ACADEMY Salon.

2.            In the case of products for which the manufacturer or distributor issued a guarantee, the Client may raise a complaint in respect of the product with defects:

a) by exercising the powers resulting from the guarantee granted – in this case the Client makes a complaint in respect of a product directly to the guarantor (the entity providing the guarantee), and the Operator of the Online Store may be only an intermediary forwarding the complaint. The Client, at his own choice, can address directly the warranty service or the Operator of the Online Store;

b) by exercising the powers conferred on him by the Operator of the Online Store under warranty; in this case there shall be filed a complaint pursuant to § 10 of the Terms of Use.

 

§12 Cancellation of the order and withdrawal from the contract

1.            The Client may cancel the order in the situation when the products comprising the order have not yet been prepared for shipment:

a) by contacting STYLING ACADEMY Salon at the address: sklepPB@akademiastylizacji.pl;

b) by independently cancelling the order at the website of the Online Store.

2.            The Client may withdraw from the contract of sale of the product purchased in the Online Store within fourteen (14) calendar days without giving any reason and at no cost, with the exception of the costs referred to in paragraph 6 below. The period of the time for the withdrawal starts running:

- from the date of receiving the completed order (release of the product),

- from the date of receiving by the Client the last part of the performed order - if the order is processed in parts.

3.            Withdrawing from the contract in accordance with paragraph 2 above, requires the submission of a statement in writing within the period specified in paragraph 2 above (the Client may use the model statement constituting the Annex 2 to the Law on Consumer Rights, dated 30 May 2014: http://orka.sejm.gov.pl/proc7.nsf/ustawy/2076_u.htm).

4.            In this case, the Client is obliged to return to the Operator of the Online Shop the product as it is, not extending the extent necessary to determine the nature of the product as well as its features and functions. The Operator of the Online Shop shall reimburse the Client the amounts paid by the Client, in accordance with § 13 of the Terms of Use.

5.            The direct cost of returning the product as a result of withdrawal shall be borne by the Client. At the same time, the Client bears liability for the reduction in value of the product as a result of its use that exceeds the extent necessary to determine the nature of the product, its features or functionality.

6.            The Client who withdrew from the contract is obliged to return the product to the Operator of the Online Store immediately, but not later than within 14 days from the date of the withdrawal. Shipping costs shall be borne by the Client.

7.            The Operators of the Online Store will not collect the consignments addressed to them under cash on delivery basis and shall not be liable for the costs associated with such consignments.

 

§ 13 Repayment of due amounts to Clients

1.            The Operator of the Online Store shall refund the due amounts immediately, but not later than within 14 calendar days in case of:

a) the cancellation of the order or part thereof (in this case there shall be refunded the relevant part of the price) paid in advance before the performance of the order;

b) returning the product (withdrawing from the contract), in the situation when the subject matter of the order was delivered by the Polish Post (Poczta Polska);

c) returning the product (withdrawing from the contract), in the situation when the subject matter of the order was collected at the STYLING ACADEMY Salon and was previously paid in advance;

d) recognizing the complaint with a simultaneous inability to replace the product, or to remove the defects in the product or to offer price reduction.

2.            In the case of returning the product (withdrawing from the contract), the Operator of the Online Store may withhold the reimbursement of the payments received from the Client until the receipt of the product, or until the supply by the Client of the evidence of the shipment back, depending on which event occurs first.

3.            The Operator of the Online Store shall refund the due amounts into the bank account of the Client, if the order was paid:

- in advance by bank transfer or credit card at the STYLING ACADEMY Salon;

- at the post office.

4.            The Operator of the Online Store shall not be liable for the non-payment of the paid amounts or for the delay in reimbursing the amounts if, despite addressing the Client with the call at the email address provided by him to provide the Operator of the Online Store with the Client’s bank account number, the Client fails to provide the said bank account number to the Operator of the Online Store, or if the Client’s reply does not contain the relevant data enabling to undertake effective return. The Operator of the Online Store shall not be liable for a failure to repay or for a delay in repayment if it is the result of erroneous data provided by the Client, either in respect of personal data, address data or data concerning bank account details.

5.            Where a refund of the products (withdrawing from the contract) or addressing the complaint takes place in the STYLING ACADEMY Salon and the order:

a) has been made under cash on delivery basis – the reimbursement of due amounts shall take place in the STYLING ACADEMY Salon;

b) has been made under payment in advance basis – the reimbursement of due amounts shall be made in accordance with the principles set forth in this paragraph in section 3 and 4.

 

§ 14 Promotions

1.            The Online Store may contain information about promotions (hereinafter referred to as "Promotions"). The promotions used by the Online Store relate to product promotions, which reduce the price of the product in accordance with the quota or percentage discount, as defined in each case at the website of the Online Store together with a given product or service.

2.            Promotions cannot be combined with other promotions offered by the Online Store, unless the rules of a given promotion stipulate otherwise.

 

 

§ 15 Personal data - Protection of Privacy

1.            By placing an order in the Online Store the Client consents to processing the personal data solely for the purpose of performing the order.

2.            The Client may also express a separate consent to receive from the Online Store advertising – promotional materials, including business newsletter.

3.            The Client has the right to verify his data and correct it, as well as to demand its removal.

4.            The Client provides his personal data voluntarily, yet a failure to provide the personal data by the Client may prevent the Operators of the Online Store from rendering online services and from executing the Client’s transactions of shopping online.

  1. Personal data is processed by the Operators of the Online Store.

6.            The Operators of the Online Store process personal data in order to provide services electronically, conclude and perform contracts with the Client for the sale of products and services ordered by the Client in the Online Store.

7.            The Client has access to his personal data and is entitled to correct and remove it. Personal data may be revised or removed after logging into the Client's account (under "Account Data").

8.            The Client declares that the personal data provided by the Client constitutes the Client’s data.

 

§ 16 Newsletter

1.            The Client may consent to receive commercial information, including commercial information electronically, by selecting the appropriate option in the registration form or at a later date. In the case of expressing such consent, the Client will receive at the provided email address the newsletter of the Online Store, as well as other commercial information sent by the Operators of the Online Store on their own behalf and on behalf of third parties.

2.            The Client may at any time resign from the Newsletter subscription independently by unchecking the appropriate boxes in “Newsletter” tab.

 

§ 17 Final Provisions

1.            In matters not regulated in these Terms of Use there shall apply the provisions of the Polish law, especially the provisions of the Civil Code and the provisions of the Act of 30 May 2014 on Consumer Rights (unified text dated 24 June 2014, Journal of Laws of 2014, item 827).

2.            All product names posted on the website of the Online Store are used for identification purposes and may be protected and registered under the provisions of the Law on Industrial Property (Journal of Laws No 119 of 2003, item 1117).

3.            It is prohibited to use any materials published on the website of the Online Store (including photos and descriptions of goods) without the written consent of the Operators of the Online Store.

4.            The Client, by accepting these Terms of Use, agrees that the Operators of the Online Store collect and share the statistical data of the Client’s presence and activity in the Online Store. The data is collected automatically and can be used to analyze the activity of the Clients.

5.            For statistical purposes and in order to ensure the highest quality of services, the Online Store can use the information stored by the server at the Client’s terminal device, which is then read each time the Client connects to the web browser (i.e. cookies). The Client can at any time change his browser settings so that it does not accept such files or so that it informs about their transfer. It should be nevertheless noted that a failure to accept the cookies may cause difficulties in the use of the Online Store.

6.            Any disputes arising between the Client not being a Consumer within the meaning of the Civil Code and the Operators of the Online Store shall be settled by the court competent for the headquarters of the Operators of the Online Store.

7.            The Operators of the Online Store reserve the right to change the Terms of Use due to the major technical, legal and / or organizational reasons. The Online Store reserves the right to implement changes into the Terms of Use, which come into force on the date of their publication on the website of the Online Store. The Terms of Use in force at the date of placing the order by the Client shall apply to the contracts concluded before the change of the Terms of Use.