Terms & Conditions

ECLAIR-NAIL.COM

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE INTERNET SHOP
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, WAYS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM

1.1 The Internet Shop available at the following Internet address www.eclair-nail.com is run by Iga Sadowska-WIlczyńska who runs the business under the name IGA SADOWSKA-WILCZYŃSKA ÉCLAIR NAIL STUDIO entered into the Central Business Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address: ul. Zmartwychwstańców 11/2, 61-501 Poznań and address for service: ul. Robocza 42, 61-517 Poznań, NIP 7831612034, REGON 301034109, BDO 000143686, e-mail address: biuro@eclair-nail.com, phone number: 604848501.

1.2 These Regulations are addressed both to consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise and is addressed only to consumers or businesses.

1.3 The Administrator of personal data processed at the Online Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The privacy policy contains, above all, the rules of personal data processing by the Administrator in the Internet Shop, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information concerning the use of cookies and analytical tools in the Internet Shop. The use of the Internet Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of the agreement and the Seller's statutory obligations).

1.4 Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - a form available in the Internet Shop, which allows the creation of an Account.

1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Internet Shop that allows the placement of an Order, in particular by adding Products to an electronic basket and determining the conditions of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER - (1) a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable laws also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

1.4.6 ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information on Orders placed by him/her at the Internet Shop are stored.

1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclic content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.

1.4.8. PRODUCT - a movable item available at the Internet Shop, which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9. RULES - these Regulations of the Internet Shop.

1.4.10. INTERNET SHOP - the Service Provider's Internet shop available at the following address: www.eclair-nail.com.

1.4.11. SELLER; SERVICE PROVIDER - Iga Sadowska-Wilczyńska conducting business activity under the name IGA SADOWSKA-WILCZYŃSKA ÉCLAIR NAIL STUDIO entered into the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: ul. Zmartwychwstańców 11/2, 61-501 Poznań and address for service: ul. Robocza 42, 61-517 Poznań, NIP 7831612034, REGON 301034109, BDO 000143686, e-mail address: biuro@eclair-nail.com.

1.4.12. CONTRACT OF SALE - the contract of sale of the Product entered into or concluded between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Internet Shop.

1.4.14. SERVICE PROVIDER - (1) a natural person with full capacity to perform legal actions, and in cases provided by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organisational unit without legal personality, to which the Act grants legal capacity; - using or intending to use an Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER - the Customer's declaration of will made by means of the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2.1 The following Electronic Services are availableat the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account - using an Account is possible after completing two consecutive steps by the Customer - (1) filling in the Registration Form, (2) clicking on "Register". The following information must be provided by the Customer in the Registration Form: first and last name / company name, address (street, house number, postal code, city, country), e-mail address, contact telephone number and password. For non-consumers, it is also necessary to provide the company name and NIP number.

2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving reasons, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: biuro@eclair-nail.com or in writing to the address: ul. Robocza 42, 61-517 Poznań.

2.1.2. Order Form - the use of the Order Form starts at the moment of adding by the Customer the first Product to the electronic basket in the Internet Shop. The Order is placed when the Customer completes two consecutive steps in total - (1) filling in the Order Form and (2) clicking the "I confirm my purchase" button on the Online Shop website after filling in the Order Form - Up to this point it is possible to modify the data entered on your own (for this purpose you should follow the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, The following information shall be provided: product(s), number of Product(s) (e.g. house/flat number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number.

2.1.2.1 The Order Form Electronic Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

Newsletter - to subscribe to the Newsletter the Customer should indicate his/her email address in the "Newsletter" tab visible on the Online Shop website, to which subsequent editions of the Newsletter should be sent, and click on the action field. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up an Account - the moment the Account is set up the Customer shall be signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer has the opportunity to unsubscribe from the Newsletter (Newsletter unsubscribe) at any time and without giving reasons, by sending a relevant request to the Service Provider, in particular via email to the address: biuro@eclair-nail.com or in writing to the address: ul. Robocza 42, 61-517 Poznań.

2.2 Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript in the web browser.

2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice with respect to personal rights and copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is obliged to prohibit the submission of unlawful content.

2.4 Mode of complaint procedure concerning Electronic Services:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions) The Customer may submit, for example:

2.4.1.1. in writing to the address: 42 Robocza St., 61-517 Poznań;

2.4.1.2. in electronic form via e-mail to the address: biuro@eclair-nail.com;

2.4.2 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of submission.

3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Shop according to point 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.

3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transport, delivery and postal services) and about other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the On-line Shop in the course of placing the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.

3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form

3.3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer on the Internet Shop according to point 2.1.2 of the Regulations. 2.1.2 of the Regulations.

3.3.2. After placing an Order the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is executed by the Seller sending to the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the placement of the Order, which contains at least statements of the Seller on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. As soon as the above mentioned email is received by the Customer, the Sales Agreement between the Customer and the Seller will be concluded.

3.4 The consolidation , securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the website of the Online Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of these Regulations. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4.1 The Seller shall make available to the Buyer the following methods of payment for the Sales Agreement:

4.1.1. Payment in cash on delivery at the time of collection of the parcel.

4.1.2. Payment in cash on delivery in person.

Payment by bank transfer to the Seller's bank account.

Electronic and credit card payments via Dotpay.pl - the current payment methods are available on the On-line shop page in the information tab concerning payment methods and on the website http://www.dotpay.pl/.

Settlement of electronic payment and payment card transactions is carried out at the Customer's choice through Dotpay.pl. Service of electronic payments and payment cards is provided by:

4.1.4.1.1 Dotpay.pl - a company Dotpay Sp. z o.o. seated in Krakow (address: ul. Wielicka 72, 30-552 Krakow), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000700791 by the District Court for Krakow - Śródmieście in Krakow, XI Commercial Department, holding tax identification number (NIP) 6342661860 and statistical number (REGON) 240770255, with a share capital of PLN 4,000,000.00 fully paid in.

4.1.5 Deferred payment - a service consisting in deferment of the payment deadline to 30 days from the day of concluding the Sales Agreement. The deferred payment service shall be provided by PayPo Sp. z o.o. with its registered office in Warsaw (address: ul. Domaniewska 37, 02-672 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000575158 by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; with a share capital of PLN 627,500.00, NIP: 5213705997, REGON: 362485126.

4.2 Term of payment:

4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days of the conclusion of the Sales Agreement.

4.2.2 In case the Customer chooses cash on delivery or cash on delivery in person, the Customer is obliged to make the payment on delivery.

4.2.3 In the event that the Customer opts for a deferred payment under the PayPo service, the Customer shall be obliged to make the payment to PayPo Sp. z o.o. within 30 days from the conclusion of the Sales Agreement, or in the event that the Customer opts for a payment in instalments, to pay the amount due in accordance with the repayment schedule agreed upon with PayPo Sp. z o.o.

5.1 The Product delivery to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the On-line Shop in the information tab concerning delivery costs and during the Order placement, including also at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.2 Personal collection of the Product by the Customer is free of charge.

5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1. Courier delivery, cash on delivery.

International courier consignment - only after the payment has been made to the bank account of the Seller.

Pallet consignment.

5.3.4. Personal collection available at the address: ul. Robocza 42, 61-517 Poznań - on Working Days, from 09:00 to 17:00.

5.4 The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter deadline is indicated in the Product description or during the Order placement process. In the case of Products with different delivery times, the delivery time is the longest period stated, but which must not exceed 5 Business Days. The starting point for delivery of the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.4.2 In case of choosing by the Customer the cash on delivery method of payment - from the day of concluding the Sales Agreement.

5.4.3 In case of choosing by the Customer the installment payment method or deferred payment - from the date of informing the Seller by the creditor about concluding a credit agreement with the Customer, no later, however, than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.

5.5 Deadline for Product readiness for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter deadline is specified in the Product description or during Order placement. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified but shall not exceed 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The start of the period when the Product is ready for collection by the Customer is counted as follows:

5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.

5.5.2 In case of choosing by the Customer the cash on delivery method - from the date of the Sales Agreement conclusion.

5.5.3 In case the Customer chooses installment payment method or deferred payment method - from the date of informing the Seller by the creditor about concluding a credit agreement with the Customer, no later, however, than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.

6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2 The Seller is obliged to deliver the Product without defects to the Customer. Detailed information about the Seller's liability for defects in the Product and the Customer's rights are specified on the website of the Online Shop in the information tab concerning the complaint.

6.3 A complaint can be submitted by the Customer for example:

6.3.1. in writing to the address: 42 Robocza St., 61-517 Poznań;

6.3.2. in electronic form via e-mail to the address: biuro@eclair-nail.com.

6.4 The Customer is advised to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested replacement of the item or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.

6.6 The Customer, who exercises the rights under warranty, is obliged to deliver the defective Product to the address: ul. Robocza 42, 61-517 Poznań. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If the delivery of the Product by the Customer who is a consumer would be too difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

6.7 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

7.1 Detailed information about the possibility of using the out-of-court complaint handling and claim investigation procedures by the Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is to provide assistance to consumers in matters relating to out-of-court settlement of consumer disputes.

7.3 The Consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, see the website of the inspector responsible for the place of business of the Seller); and (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (open on Working Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).

7.4 At http://ec.europa.eu/consumers/odr is available a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.1 A consumer who has concluded a remote agreement may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. In order to meet the deadline it is sufficient to send the statement before its expiry. A declaration of withdrawal from the Agreement may be made, for example:

8.1.1. in writing to the address: ul. Robocza 42, 61-517 Poznań;

8.1.2. in an electronic form via e-mail to the address: biuro@eclair-nail.com.

8.2 A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the Shop's website on the tab for withdrawal from the agreement. The consumer may use the model form, but it is not obligatory.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for the contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from the taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;

8.3.2. for other contracts - from the day of the conclusion of the contract.

8.4 In the case of withdrawal from the remote agreement, the agreement is considered as not concluded.

8.5 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the choice by the consumer of a method of delivery other than the cheapest ordinary method of delivery available at the Online Shop). The Seller shall return the payment using the same method of payment used by the consumer, unless the consumer has explicitly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6 The Consumer shall immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or transfer it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product itself. To meet the deadline it is sufficient to return the Product before its expiry. The Consumer may return the Product to the address: ul. Robocza 42, 61-517 Poznań.

8.7 The Consumer is responsible for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal from the contract by the consumer, which must be borne by the consumer:

8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product which is a service, the performance of which - at the express request of the consumer - began before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance.

8.9 The consumer has no right of withdrawal from a distance contract with respect to contracts:

8.9.1. (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal; (3) in which the subject of the performance is a non-prefabricated product, manufactured to the consumer's specification or serving to satisfy his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control; (8) in which the consumer has explicitly requested that the Seller comes to him to carry out urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) in which the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts (11) concluded by public auction; (12) for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance (13) for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed him about the loss of the right of withdrawal.

8.10. The provisions of this section 8 of the Terms and Conditions regarding the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the Customer or Client who is a natural person concluding an agreement directly related to his/her business activity, if it follows from the content of the agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.

9.1 This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and therefore binding only on a Customer or Customer who is not a consumer, and from 1 January 2021 and for agreements concluded from that date also not a natural person who enters into an agreement directly related to its business activity, where the content of the agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions of the Central Register and Information on Economic Activity.

9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can be made without giving any reason and does not give rise to any claims against the Seller on the part of the Customer.

9.3 The Seller shall have the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.

9.4 The Service Provider may terminate an agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Customer.

9.5 The liability of the Service Provider/Seller towards the Customer/Client, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence applies to all claims made by the Client/Customer against the Service Provider/Seller, including in the case of no Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller is liable to the Client/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller shall also not be liable for any delay in delivery.

9.6 Any disputes arising between the Seller / Service Provider and the Customer / Client are subject to the competent court for the seat of the Seller / Service Provider.

10.1 Contracts concluded through the Online Store are concluded in the Polish language.

10.2.

Amendment to Terms and Conditions:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes to the law; changes to the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations

.

10.2.2 In the case of conclusion of continuous agreements based on these Regulations (e.g. provision of Electronic Services - Account) the amended Regulations shall be binding upon the Customer if the requirements set out in Article 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change of the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Customer shall have the right to withdraw from the contract.

10.2.3 In the case of conclusion of contracts other than continuous contracts (e.g. Sales Contract) under these Terms of Service, the amendments to the Terms of Service shall in no way affect the rights acquired by the Customer/Client prior to the effective date of the amendments to the Terms of Service, in particular the amendments to the Terms of Service shall not affect any Orders already placed or submitted and any Sales Contracts concluded, executed or performed.

10.3

Matters not regulated by these Terms shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); Act on Consumer Rights; and other relevant provisions of commonly binding law.

Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

- Addressee:

IGA SADOWSKA-WILCZYŃSKA ÉCLAIR NAIL STUDIO
ul. Robocza 42, 61-517 Poznań
eclair-nail.com
biuro@eclair-nail.com

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract of delivery of the following goods(*) the contract for workmanship of the following goods(*)/the provision of the following service(*)

- Date of conclusion(*)/receipt(*)

- First and last name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is notified on paper)

- Date

(*) Delete where not applicable.

Model withdrawal form can be found HERE

Text of the Terms and Conditions to download HERE