Terms and conditions

ONLINE SHOPPING TERMS AND CONDITIONS valid from the 23rd of May 2018

Terms and Conditions – regulations that apply to purchases made through the Online Shop.

Customer – every natural person issuing the Order through the Online Shop.

Nova Kosmetyki - Laboratorium Analiz Kosmetycznych NOVA s.c. Anna Gołębiowska-Pilch, Marcin Pilch, 32-003 Podłęże 376, Poland. NIP (VAT Identification Number): 6832080389, Laboratorium NOVA s.c. (in brief); website: www.novakosmetyki.pl, e-mail address: info@novakosmetyki.pl.


Online shop (Shop) – a web shop at
www.novakosmetyki.pl through which a Customer can issue the Order.

Orders – a declaration of Customer’s intent which leads to entering into Sale agreement and states in detail the type and amount of the Goods and its delivery.

The Civil Code - Act of 23 April 1964 – the Polish Civil Code (Journal of Laws No 16, item 93, as amended).

Products/Goods – all the products that are the subject of Sale agreement between the Customer and the Seller.

Sale agreement – an agreement made between the Customer and the Seller through the latter’s use of the Shop. Sale agreement binds the Seller to pass the ownership of the Products to the Customer and to release them. The Customer is bound to reclaim the Products and to pay the sales price.

Consumer Rights ActConsumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014, item 827)


I. GENERAL PROVISIONS

1. Terms and Conditions below apply only to access to and the use of online shop available at www.novakosmetyki.pl.
2. Terms and Conditions below are regulated by Article 8 of the Act on Rendering Electronic Services.

3. The owner of the online shop at www.novakosmetyki.pl is:

Laboratorium Analiz Kosmetycznych NOVA s.c. Anna Gołębiowska-Pilch, Marcin Pilch

Podłęże 376

32­003 Podłęże, Poland

Website: www.novakosmetyki.pl
e-mail address:
info@novakosmetyki.pl


4. Terms and Conditions below apply to the Customers who are customers within the meaning of Article
22[1] of the Polish Civil Code.

5. This website is owned and operated by Laboratorium NOVA s.c.. “NOVA” Laboratory is thus the sole owner of all the copyrighted material on the website. All material the website contains, including text, graphics etc. is protected by copyright laws and thus cannot be reproduced or duplicated in any form. Also, these materials cannot be subjected to commercial exploitation without prior written consent from the owner of the website. All trade names included on the website are registered trademarks. Should you wish to use any, you ought to obtain prior written consent of the owner of the trademark. The owner of the brand and the trademark of GoCranberry i GoArgan+ is Laboratorium NOVA s.c. All rights to the brand and trademark reserved – cannot be exploited without permission of Laboratorium NOVA s.c..


II. TERMS AND CONDITIONS FOR USE OF THE ONLINE SHOP

1. Registration in the Online Shop is optional. Customer can place an order without registration in our Shop (so-called Quick Shopping) after having read and agreed to be bound by the Terms and Conditions below.

2. Before placing an order, please read through the Privacy Policy available at www.novakosmetyki.pl.

3. The online shop operates 24 hours a day, seven days a week.

4. The shop reserves the right to refuse orders if:

- the lack of certain contact details (a telephone number, an e-mail address) precludes the order confirmation;

- the potential Customer committed the infringement of personal interests of third parties not affiliated with the website owners;

- the potential Customer acted in a way which Nova Kosmetyki finds to be against the generally accepted standards and law regulations;

- the actions of the potential Customer were likely to damage reputation of Nova Kosmetyki.

5. Products purchased via the Shop cannot be further re-sold to third parties.

6. In order to view our webpage and products properly, please use one of the following web browsers: Mozilla Firefox, Google Chrome, Opera, Safari or Internet Explorer (versions 7.0, 8.0 or 9.0).

Issues not included in the Terms and Conditions below are regulated either by the Civil Code or the other legal acts applicable to the operation of the online shop.



III. PRICES AND PRODUCTS

1. Website www.novakosmetyki.pl contains information on Products which constitute an offer within the meaning of Article 66 of the Polish Civil Code.

2. All products in the Shop are priced in Polish currency (zloty); all the prices contain VAT tax. The shop reserves the right to change the prices of the products presented in the Online shop, introduce new products to the Shop, carry out and cancel promotional activities on the Shop’s websites and introduce modifications thereto. The entire offer presented in the Online shop at www.novakosmetyki.pl is binding.

3. All product-related information is published at www.novakosmetyki.pl – product descriptions, prices and photographs in particular.

4. The Shop reserves the right to potential mistakes in product descriptions. The photographs of the particular products are exemplary and subjected to the purpose of display only.

IV. ORDER PLACEMENT

1. If placed, the Customer’s Order is equal to their declaration of intent of making a Sale agreement with Nova Kosmetyki accordingly to Terms and Conditions. Sale agreement is made in Polish.

2. To enter into Sale agreement via the Online shop one has to enter www.novakosmetyki.pl and choose particular Product(s) by using the “ADD” button next to the product and thus “adding” them to the “Cart”. Please follow the instructions on the website. 

3. After having chosen the products, one has to fill the order form at www.novakosmetyki.pl, including one’s first and last name, e-mail address, delivery address and telephone number. Inclusion of those contact details in the form serve the purpose of the proper delivery process. Data are stored in the internal database and not made available to third parties. All data is secured with a login and a password.

4. So as to be processed properly, the order placement requires one to accept the Shop’s Terms and Conditions.


5. After having placed an order, the Customer is asked to confirm the order. The order is processed:

  • right after the order payment is credited into the shop’s bank account (in the case of payment by bank transfer)
  • right after the payment status is set as ‘done’ (in the case of payment via dotpay)
  • right after an e-mail with the order confirmation is sent by the Customer and received by the shop (in the case of having chosen ‘payable upon receipt’ option).

6. Customer has the right to modify their order only until the moment of its confirmation. After the order confirmation, it cannot be further modified.

7. Order cancellation is not possible after a shipping confirmation e-mail is received. Customer can cancel their order using one of the following contact details: the telephone number +48 608-465-913 or the e-mail address: info@novakosmetyki.pl.

8. Customer can view their orders after logging onto their account at www.novakosmetyki.pl.

V. METHODS OF PAYMENT:

1. The shop accepts the following methods of payment so as to accommodate the needs of our Customers:

  • payment by bank transfer – the recipient is Laboratorium „NOVA" s.c. Anna Gołębiowska-Pilch, Marcin Pilch, Podłęże 376, 32-003 Podłęże, Poland and the bank account number is ing 68 1050 1445 1000 0092 2955 5223. Please note one needs to proceed to the bank transfer by specifying a title that mentions one’s order number, first and last name (it is twice as important if the bank transfer is being proceeded by a person different than the Customer)
  • payment via dotpay system
  • on delivery – payment is initially received by the postman or the worker of the courier company, depending on the chosen delivery form
  • payment upon receipt

2. If transferred via dotpay, the payment is charged to the bank account at the moment of placing the order.
3. Purchase receipt is enclosed for every order.
4. VAT invoice is issued only on request expressed by having chosen this option while completing the order form at www.novakosmetyki.pl.
5. If having placed an order and chosen order payment by bank transfer, the Customer has 7 days to pay for their purchases. If no payment is made within this specified period, the order will be cancelled.
6. The Customer ought to reclaim his Cash-on-Delivery (COD) order. If not, shipping and return costs will be executed pursuant to Article 476 of the Polish Civil Code (Journal Of Laws of 1964 number 16, item 93, as amended). In the event of failing to transfer the aforesaid payment within the specified period, legal proceedings shall be instituted.

VI. ORDER PROCESSING

1. Orders are processed from Monday to Friday from 8 a.m. to 14 p.m. with the exception of bank holidays.

2. Orders are supposed to be confirmed throughout the period of three days after the placement. Upon receiving no confirmation after those three days, the unconfirmed orders will be removed from the system.

VII. DELIVERY

1. Delivery of the products is to be proceeded with all across Poland to the shipping address included in the orders via the following services:

  • the Polish Post;
  • Courier company.

2. Shipping costs the Customer is charged with depend on the chosen payment method:

- payment by bank transfer/dotpay:

  • Courier  Company (payment by bank transfer/dotpay) - 8,90 zloty;
  • Courier  Company (COD (Cash On Delivery)) - 13,90 zloty;
  • The Polish Post (payment by bank transfer/dotpay) - 16 zloty;
  • The Polish Post (COD (Cash On Delivery))- 20 zloty;
  • Collection in person - 0 zloty

3. Shipping and handling costs remain constant and independent from the amount of ordered goods.
4. Order processing and shipping is dependent on the chosen delivery method.
5. From the moment of having placed an order to the moment of shipping the purchased goods, the order is processed. This period can encompass workdays only. The order is fulfilled within three workdays from the moment of payment reception or receiving the order confirmation via e-mail (in the case of Customers using COD method).
6. Estimated delivery = order processing (three workdays at the utmost) + shipping.

  • The Polish Post (via Priority Mall) estimated delivery is from 2 up to 5 workdays;
  • Courier Company – from 1 up to 3 workdays.

VIII.  RIGHT OF WITHDRAWAL

1. In accordance with applicable law, every Customer who is a consumer within the meaning of Article 22 of the Polish Civil Code is given the right to withdraw from the sales contract concluded via the Internet without citing any reason within 14 days. The withdrawal period will expire after 14 days from the day on which the Customer (or a third party other than the carrier) acquire physical possession of the Goods.


2. To exercise the right of withdrawal, the Customer must inform Nova Kosmetyki of his decision to cancel this contract by way of a clear and unambiguous statement (a letter sent by post or e-mailed at
info@novakosmetyki.pl). The Customer may use the model withdrawal form available at www.nowakosmetyki.pl, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse the Customer for all payments received from them, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about the Customer’s decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless they have expressly agreed otherwise. In any event, they will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

After having acquired the physical possession of the goods, the Customer is obliged to store and use them properly. The Product must remain intact in order to return it. If returned, the Product must be unused, clean, in original packaging and, additionally, packed in a way that prevents damage during return shipping.

The right of withdrawal does not apply in cases of:

- the subject of the Sale Agreement being formed by sealed goods which are not suitable for return due to health protection or hygiene reasons and which containers were unsealed after delivery.

IX. COMPLAINT POLICY

1. Nova Kosmetyki as the seller is liable for defects towards the Customer being a consumer within the meaning of Article 22(1) of the Civil Code to the extent specified in the Civil Code, in particular in Article 556 and Articles 556(1)-556(3) of the Civil Code.

2. Nova Kosmetyki is obliged to  provide fault-free goods to the Customer.

3. Nova Kosmetyki is to be held liable for statutory warranty claims if the physical fault is to be found in a product before the period of validity expires.


4. Warranty does not cover the faults caused by damage or inappropriate use of the product.


5. Customer complaint form should include:
a) the first and the last name of the Customer;
b) the name of the product and the exact date of the purchase;
c) proof of purchase;
d) date when problem occurred;
e) detailed description of the problem noted,
f) the Consumer’s specified requirement pursuant to the Civil Code regulations regarding statutory warranty: repair of the product, replacement with a fault-free product, price markdown or contract termination if the fault is substantial.
The Customer may also make use of the model Customer Complaint Form available at www.nowakosmetyki.pl.


6. Complaints are investigated within the period of 14 days – and if not possible, the Customer shall be informed about the estimated period of the investigation procedure.


7. Defective product should be returned by the Customer via the postal service (a registered letter) to the following address: Laboratorium „NOVA" s.c. Anna Gołębiowska-Pilch, Marcin Pilch Podłęże 376, 32-003 Podłęże, Poland.

X. NONJUDICIAL METHODS OF COMPLAINTS INVESTIGATION, CLAIM FOR DAMAGES AND THE PRINCIPLES OF ACCESS TO SUCH PROCEDURES

1. The detailed information on the possibilities of pursuing the nonjudicial methods of complaints investigation, claim for damages and the principles of access to such procedures by the Customer are available in registered offices of consumer advocates and social organizations whose statutory tasks include the protection of consumer rights as well as the offices of the voivodeship Trade Inspections. One can also find this information on the websites of the aforesaid institutions.


2. The Customer has a right to:

  • approach the consumer court of arbitration (which operates by the Trade Inspection) with a request for an examination of the dispute arising out of the Sale Agreement and identification of the amicable dispute solution;
  • approach the district head of the Trade Inspection with a request to conduct mediation proceedings in the dispute between the Customer and the Seller and identify the amicable dispute solution
  • seek and receive free help in dispute solution from the consumer advocate or other social organization whose statutory tasks include the protection of consumer rights
    (The Consumer Federation of Poland, the Association of Polish Consumers).

XI. PRIVACY POLICY AND HTTP COOKIES

1. The Service does not collect automatically any information other than via HTTP cookies.

2. HTTP cookies (also web cookies or simply cookies) are small pieces of IT data (particularly text files) stored in the Service User’s final device for the Service to work efficiently. Cookies usually contain the name of the website that created them, the duration of the cookie's storage in the User’s final device and an individual number.

3. The owner and operator of the Service – Laboratorium "NOVA" s.c. Podłęże 376, 32-003 Podłęże – is the entity that puts cookies in the final device of the Service User and accesses them.

4. Cookies are used for:

a) the adjustment of the website content to user preferences and the optimization of the use of the websites; in particular, these files allow to identify the Service User’s device and properly display the web page, matching the User’s individual needs;                                  b) creating statistics that help us understand how Users exploit Service and to enhance Services in their construction and information contained therein;                                                                          c) maintaining Service User session (after logging), thanks to which the user does not have to retype his/her login and password on every subpage of the Service;

5. The Service uses two basic types of cookies: “session cookies” and “persistent cookies”. “Session” cookies are temporary files that are stored in the User’s final device until the moment of logging out, leaving the website or closing the internet browser. “Persistent cookies” are stored in the User’s final device for the time specified in parameters of cookies or until the User removes them.

6. Cookies used within this Service are:

a) “necessary” cookies that enable the use of the services available through the Service, such as used for services that require authentication in the Service;

b) cookies used to ensure safety, such as preventing the fraud detection in the Service authentication;

c) “efficiency” cookies allowing to gather information about how to use the Website;

d) “functional” cookies allowing “remembering” selected User settings and personalizing the User’s interface, e.g. in terms of the selected language or region, font size, appearance, website, etc.

 e) “advertising” cookies, allowing to provide the User with advertising content tailored to their interests.


7. In many cases, the software used to browse the web (web browser) allows the storage of cookies on one’s final device by default. Service Users can change website settings for cookies at any time. These settings can be changed in such a way as to block the automatic handling of cookies in the web browser settings or inform of every attempt to place them on the Service User’s final device. Detailed information on possibilities and ways of handling cookies is available in the software settings (web browser).


8. The owner of the Service informs that restrictions in using cookies may affect some of the functionalities available on the Service’s website.


9. Cookies are stored in the Service User’s final device and can also be used by companies that cooperate with the Service (advertisers and partners).


10. More information on cookies is available here: https://en.wikipedia.org/wiki/HTTP_cookie or at the “Help” section in the web browser menu.

XII. FINAL REGULATIONS

1. Any disputes arising between Laboratorium NOVA s.c. and a Customer (a consumer within the meaning of Article 22(1) of the Polish Civil Code) shall be subject to the jurisdiction of the court pursuant to the provision set forth in the Code of Civil Procedure.

2. For matters unregulated in Terms and Conditions hereby, the provisions of Civil Code (Act from the 30th of May 2014 on consumer rights (Journal Of Laws 2014, item 827) and other relevant provisions of Polish law shall apply.

3. Terms and Conditions are valid from the 23rd of May, 2018 until further notice.

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