Statute

REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS lumanails.pl

§ 1 GENERAL PROVISIONS

  1. The Seller provides the Services in accordance with the Regulations and applicable law.

  2. The Services are provided via the Store’s website, 24 hours a day, 7 days a week.

  3. The Seller makes these Regulations available on the Store's website and may place them in the Customer Account or attach them to e-mails containing statements of acceptance of Customers' offers. Customers may access the Regulations at any time, save them or print them on a data carrier.

  4. The information posted on the Store's website does not constitute an offer from the Seller within the meaning of Art. 66 of the Civil Code, but merely an invitation to Customers to submit offers to conclude a contract, in accordance with Art. 71 of the Civil Code.

  5. In order to use the Store, the Customer must have an IT device with access to the Internet and a correctly configured, current or previous version of one of the following browsers: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript support enabled, as well as an active and correctly configured e-mail account.

  6. Using the Store may involve the Customer incurring costs related to access to the Internet and data transmission, in accordance with the agreement concluded with the telecommunications operator whose services the Customer uses.

§ 2. REGISTERING AN ACCOUNT IN THE STORE

  1. The Agreement for the provision of the Customer Account Management Service is concluded for an indefinite period of time upon confirmation by the Seller of the registration of the Customer Account.

  2. The subject of this Customer Account Service is to provide access to the Customer Account panel, which enables, among other things, management of Customer data and orders.

  3. In order to create a Customer Account, you must register voluntarily and free of charge, which consists of completing and sending to the Seller a registration form, which is available on the Store's website.

  4. The condition for the correct completion of the registration form is to complete all mandatory fields and any optional fields using true, complete data or information relating to the Client.

  5. Before sending the registration form, the Client should check the appropriate box, declaring that he/she has read the Regulations and accepts their provisions.

  6. Before sending the registration form, the Customer may, by checking the appropriate box, voluntarily declare that he or she consents to the processing of his or her personal data for marketing purposes by the Seller.

  7. The Seller informs that the marketing purposes referred to above may include, in particular, sending commercial information using the Customer's contact details. The consent referred to in the above point may be withdrawn at any time.

  8. The registration form is sent to the Seller via the Store functionality.

  9. The Customer Account can be used after it has been created and logged in using the appropriate login and password.

  10. The contract for the provision of the Customer Account Service may be terminated without giving any reason and at any time, using the Customer Account functionality or by sending a statement to this effect to the Seller, e.g. by e-mail or letter.

 

§ 3 BASIC FUNCTIONALITIES OF THE STORE

  1. The Seller provides Customers with the following basic functionalities of the Store:

    • providing a contact form,

    • providing a Product search engine,

    • the ability to enter an opinion about the Product,

    • the ability to add a Product to your wish list,

    • sharing the advertising offer of the Product on social media,

    • recommending Store resources.

  2. To use the contact form functionality, you must complete all mandatory fields, enter the message content, and then send it to the Seller. The Seller will respond immediately, using the Store functionality, by phone or electronically, by sending an e-mail message.

  3. To search for Products in the Store, you must enter the desired content in the Store search engine area and then confirm it. The functionality allows you to search the Store resources using keywords entered by the Customer. Additionally, the functionality may include advanced search according to selected criteria.

  4. To enter an opinion about the Product, use the opinion form, filling in all mandatory fields and entering a rating or the content of the opinion. The functionality may allow for issuing a rating on a designated scale.

  5. To use the functionality of adding a Product to the wish list, you must, after logging in to the Customer Account, add the Product to the wish list. The subject of this functionality is to temporarily save in the memory of the Customer Account a website containing an advertising offer for the Product.

  6. To use the functionality of sharing the Product's advertising offer in social media, use the buttons assigned to these media, published in the Product's advertising offer area. To use this functionality, it is required to have a user account in the selected social media.

  7. To use the functionality of recommending Store resources in social media, you must use the buttons assigned to these media, published in the Store resources area. To use this functionality, you must have a user account in the selected social media.

 

§ 4 ORDERS PLACED THROUGH THE STORE

  1. Orders for Goods can be placed via the Store's website, 7 days a week, 24 hours a day, using the Cart function. After completing the list of ordered Goods, the Customer proceeds to place the order in the Cart area.

  2. If the Customer is a logged-in Customer Account holder, he or she proceeds to the next stage of placing the order as a logged-in Customer.

  3. If the Customer is not a logged-in Customer Account holder, he/she selects the method of placing the order:

    • using the Customer Account, which will be registered. Then the Customer registers the Customer Account and uses it to proceed to the next stage of placing the order,

    • without using the Customer Account. Then the Customer moves on to the next stage of placing the order,

    • using an existing Customer Account. The Customer then proceeds to the next stage of placing the order.

  4. After selecting the ordering method, the Customer enters or selects:

    • billing information,

    • delivery information, including delivery method and address,

    • payment method.

  5. Before placing an order, the Seller displays information about the total price of the order, including taxes and additional costs, in particular delivery and payment costs, in the Basket area.

  6. The order is placed by clicking the appropriate button in the Basket and is equivalent to the submission by the Customer to the Seller of an offer to conclude a sales contract for the Goods included in the order.

  7. Before sending the order form, the Customer should check the appropriate checkbox, declaring that he/she has read the Regulations and accepts their provisions.

  8. The placed order may be changed by the Customer until the Seller receives information about the shipment of the Goods.

  9. Changing your order may include cancelling it, partially cancelling it, adding additional Goods or changing the delivery address.

  10. The Seller will immediately inform the Customer about the impossibility of accepting the order, in the event of circumstances preventing its execution. This information is provided by phone or electronically. The information may constitute a rejection of the offer in its entirety or contain proposals for modifying the order:

  • rejection of the part of the offer that cannot be implemented, which results in recalculation of the order value,

  • dividing the Goods to be delivered into a part that can be delivered and a part that will be delivered at a later date, which does not result in a recalculation of the order value.

  1. Acceptance of the Customer's offer by the Seller, subject to the change referred to above, is treated as a new offer requiring acceptance by the Customer in order to conclude a sales contract.

  2. Confirmation of the acceptance of the order by the Seller is made immediately by sending an e-mail message. This message contains the terms of the sales agreement agreed by the parties, as well as the data entered by the Customer in the order form, allowing for the detection of any errors in this data. In the event of errors being detected, the Customer may notify the Seller by sending an e-mail message indicating the correct data.

  3. Confirmation of receipt of the order is tantamount to the Seller's acceptance of the offer to conclude a sales contract submitted by the Customer.

 

§ 5 TELEPHONE ORDERS

  1. The Seller allows you to place orders for the purchase of Goods by telephone.

  2. In order to place a telephone order to purchase Goods, contact the Seller using the telephone numbers provided on the Store's website and then place the order verbally.

  3. Confirmation of the acceptance of the telephone order by the Seller is made by immediately sending an e-mail message containing information about the content of the concluded contract. This message contains the terms of the sales contract agreed by the parties, as well as the Customer's data, allowing for the detection of any errors. In the event of errors being detected, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data.

  4. In order to conclude a sales contract, the Customer is obliged to confirm his or her willingness to conclude it in response to the Seller's message described above.

  5. Confirmation of the will to conclude a sales contract is equivalent to its conclusion.

 

§ 6 SALE

  1. The Seller provides Customers with a distance selling service of Goods.

  2. The subject of the sales contract includes the Seller's obligation to transfer ownership of the Goods to the Customer and deliver them, as well as the Customer's obligation to collect the Goods and pay the Seller the price of the Goods.

  3. The Seller reserves the right to conduct promotional campaigns, in particular consisting in reducing the price of Goods or services until a specific date, or until the stock of Goods subject to promotion is exhausted.

  4. By concluding a sales contract, the Seller undertakes to deliver Goods to the Customer free from defects.

  5. The sales contract is concluded upon confirmation of acceptance of the Customer's order by the Seller.

  6. The Goods are issued within the time specified in the Goods description.

  7. The delivery time of the Goods may change if the Customer changes the order.

  8. The Goods are issued:

    • if the Customer chooses the option of delivery via a carrier, on business days to the address provided by the Customer,

    • if the Customer chooses the option of delivery to a parcel locker via a carrier, on business days to the parcel locker selected by the Customer,

    • in the event that the Customer chooses personal collection of the Goods, at the Store’s registered office on working days between 8:00 a.m. and 4:00 p.m.

  9. Detailed information on available delivery methods, carriers and related costs is published on the Store's website, and the Customer is informed about them during the ordering process.

  10. The Goods will be issued no earlier than after payment has been made by the Customer.

  11. Confirmation of the release of the Goods to the carrier for delivery may be made by sending an e-mail to the Customer's e-mail address.

  12. The risk of accidental loss or damage to the item passes to the consumer at the time of its delivery to the consumer.

  13. If the Customer chooses the option of delivery via a carrier, it is recommended that the Customer inspect the delivered shipment in the presence of the carrier.

  14. In the event of damage to the shipment, the Customer has the right to request that the carrier prepare an appropriate report.

§ 7 PAYMENTS

  1. The value of the payment for the sale is determined on the basis of the price list of the Goods, available on the Seller's website at the time of ordering the Goods.

  2. Prices given on the Store's website for a given Product are gross prices, expressed in Polish zlotys, and include VAT. These prices do not include the costs of delivering the Product or the selected form of payment.

  3. The costs of the transaction and delivery of the Goods are borne by the Customer.

  4. The total price of the order, visible in the Basket area before placing the order and after selecting the method of delivery of the Goods and payment, includes the price for the ordered Goods together with taxes and all related costs, in particular delivery and transaction costs.

  5. The total price of the order is binding on both the Seller and the Customer.

  6. The Seller enables payments for the services provided through the payment methods presented on the Store's website:

    1. via Przelewy24 electronic payment systems (provided by PayPro SA, ul. Kanclerska 15, 60-327 Poznań),

    2. cash on delivery upon receipt from the courier.

  7. The Customer is obliged to make the payment within the time specified on the Store's website.

  8. The Seller shall refund the payment immediately, no later than within 14 days from the date the reason arose, in the event of:

    1. withdrawal from the contract by the consumer,

    2. the Customer cancels the order or part of the order paid for before its execution,

    3. recognition by the Seller of the claim covered by the complaint in whole or in part, on the basis of generally applicable provisions.

  9. Refunds will be made using the same payment method that was used by the Customer in the initial transaction, unless the Customer agrees to another solution that does not involve additional costs.

  10. The Seller is not obliged to refund the additional costs of delivering the Goods incurred by the Customer if the Customer has chosen a method of delivering the Goods other than the cheapest standard method of delivery offered by the Seller.

 

§8 NEWSLETTER

 

1. The subject of this Newsletter Service is the provision of the Seller, consisting in sending commercial information to the Customer's e-mail address.

2. To order the Newsletter Service, use the appropriate newsletter activation field in the registration form or another form provided by the Seller on the Store's website.

3. The condition for the correct ordering of the Newsletter Service is to provide the Customer's e-mail address. Providing this data is voluntary, but necessary for the provision of the Service and the conclusion of the contract regarding it.

4. Before sending the Newsletter Service order form, by checking the appropriate checkbox, the Customer may voluntarily declare that he or she consents to the processing of his or her personal data for marketing purposes by the Seller.

5. The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer's contact details. The consent referred to in the above point may be withdrawn at any time.

6. The Newsletter Service order form is sent to the Seller using the functionality of the Store and through it.

7. The agreement for the provision of the Newsletter Service is concluded for an indefinite period of time at the moment the Seller confirms the Customer's subscription to the newsletter list.

8. The agreement for the provision of the Newsletter Service may be terminated without giving any reason and at any time, using, among others: the functionality of the Store or unsubscribing from the subscription using the deactivation link located in the newsletter message area, as well as by sending the Customer's statement on this matter to the Seller, e.g. in an e-mail or letter.

 

§8 NEWSLETTER

  1. The subject of this newsletter service is the provision by the Seller of commercial information sent to the Customer's e-mail address.

  2. To order the newsletter service, use the appropriate newsletter activation field in the registration form or another form provided by the Seller on the Store's website.

  3. The condition for the correct ordering of the newsletter service is to provide the Customer's e-mail address. Providing this data is voluntary, but necessary for the provision of the service and the conclusion of the contract regarding it.

  4. Before sending the newsletter service order form, by checking the appropriate checkbox, the Customer may voluntarily declare that he or she consents to the processing of his or her personal data for marketing purposes by the Seller.

  5. The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer's contact details. The consent referred to in the above point may be withdrawn at any time.

  6. The newsletter service order form is sent to the Seller using the functionality of the Store and through it.

  7. The agreement for the provision of the newsletter service is concluded for an indefinite period of time upon confirmation by the Seller of the Customer's subscription to the newsletter list.

  8. The agreement for the provision of the newsletter service may be terminated without giving any reason and at any time, among others, by using the functionality of the Store or by unsubscribing using the deactivation link located in the newsletter message area, as well as by sending the Customer's statement on this matter to the Seller, e.g. in an e-mail or letter.

 

§ 10 OUT-OF-COURT SETTLEMENT AND CLAIM SETTLEMENT

  1. The consumer has the option of using the following out-of-court methods of handling complaints and pursuing claims:

    • submitting an application for resolution of a dispute arising from the concluded sales agreement to a permanent consumer arbitration court operating at the Trade Inspection, the address of which, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, available at the following URL: https://www.uokik.gov.pl/wazne_adresy.php#faq596 ,

    • submitting an application to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection, whose address, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, available at the following URL: https://www.uokik.gov.pl/wazne_adresy.php#faq595 ,

    • using the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,

    • submitting a complaint via the EU ODR online platform, available at the following URL: http://ec.europa.eu/consumers/odr/ , in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

  2. Detailed information on out-of-court complaint and claim settlement procedures and the rules for access to these procedures are available at the offices and on the websites of the entities listed in point 1.

  3. The list of entities and institutions performing tasks related to out-of-court resolution of consumer disputes and detailed information in this regard can be found on the website of the Office of Competition and Consumer Protection, available at the following URL: https://www.uokik.gov.pl .

 

§ 11 WITHDRAWAL FROM THE CONTRACT

  1. The consumer may withdraw from the contract without giving any reason within 14 days of its conclusion, including the sales contract, subject to the standards indicated in the content of the information on withdrawal from the contract, which is an annex to the Regulations.

  2. The right to withdraw from the contract does not apply to the Consumer in relation to a contract for the sale of Goods that are delivered in a sealed package and cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.

  3. In other cases, the Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. This declaration may be submitted on a form, the template of which is an annex to the Regulations.

  4. The consumer is obliged to return the Goods to the Seller or to hand them over to a person authorized by the Seller immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the Goods before it expires. This provision does not apply if the Seller has offered to collect the Goods himself.

  5. The Consumer 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.

  6. In the event of withdrawal from the contract, it is considered not to have been concluded. If the Consumer has submitted a declaration of withdrawal from the contract before the Seller has accepted the offer, the offer ceases to be binding.

 

§ 12 DATA PROCESSING AND COOKIES

  1. Information on the terms of personal data processing can be found in the Privacy Policy and Cookie Policy of the Store.

  2. Detailed information about the cookies used can be found in the Privacy Policy and the Cookie Policy of the Store.


§ 13 LICENSE TERMS

1. The Seller grants Customers using the Store a free license for their own personal use and to enable the use of the Store, subject to these terms and conditions.

2. The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, the websites used to operate the Store and all documents developed by the Seller in connection with the provision of the Store, including related works, including the Regulations and other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Seller does not transfer to the Customer the property copyright to the Store or any works constituting its part, nor the right to grant permissions regarding the disposal of property copyright to these works or the Store and use them, as well as to exercise other dependent rights not reserved in the license terms.

3. The right to use the Store and related works applies to the following fields of exploitation: saving and reproducing in the memory of a telecommunications device at a place and time of your choosing, and accessing and displaying via a telecommunications device at a place and time of your choosing.

4. The Customer may not: lend, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information on ownership rights or copyrights that may appear in the area of ​​the works, use the works for purposes violating applicable provisions of general law or ethical and moral standards.

5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Store and related works. The Seller retains the exclusive rights to decide on maintaining the integrity of the Store.

6. By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, time-limited, territorially-limited and non-exclusive license to use them in the following fields of exploitation: publication in the area of ​​the Store's website, saving and reproducing in the memory of a telecommunications device at a place and time of their choosing, access and display via a telecommunications device at a place and time of their choosing, while retaining the right to grant sub-licenses referred to in the points above, in order to enable Customers to use the Store.

7. The Customer acknowledges that it is prohibited to deliver to the Store or through it, the following content:

-illegal,

-may mislead other Customers,

- violating the personal rights of Customers, Sellers or third parties,

- commonly considered offensive, vulgar or violating good customs, in particular: pornographic content, content promoting drug use or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.

8. The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.

 

§ 13 LICENSE TERMS

  1. The Seller grants Customers using the Store a free license for their own personal use and to enable the use of the Store, in compliance with these terms and conditions.

  2. The Store name, the Store graphic design, the Store structure, the Store, the Store source or compiled code, the websites used to operate the Store and all documents developed by the Seller in connection with the provision of the Store, including related works, such as the Regulations and other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Seller does not transfer to the Customer the property copyright to the Store or any works constituting its part, nor the right to grant permissions regarding the disposal of property copyright to these works or the Store and use them, or to exercise other dependent rights not reserved in the license terms.

  3. The right to use the Store and related works includes the following fields of exploitation: saving and reproducing in the memory of a telecommunications device at a place and time of your choosing, and accessing and displaying via a telecommunications device at a place and time of your choosing.

  4. The Customer may not: rent, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information about ownership rights or copyrights that may appear in the area of ​​the works, use the works for purposes violating applicable provisions of common law or ethical and moral standards.

  5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Store and related works. The Seller retains the exclusive rights to decide on maintaining the integrity of the Store.

  6. By publishing any content in the Store, in particular comments or opinions, the Customer grants the Seller a free, time-limited, territorially-limited and non-exclusive license to use them in the following fields of exploitation: publication in the area of ​​the Store's website, saving and reproducing in the memory of a telecommunications device at a place and time of their choice, access and display via a telecommunications device at a place and time of their choice, with the right to grant sub-licenses in order to enable Customers to use the Store.

  7. The Customer acknowledges that it is prohibited to deliver content to the Store or through it:

    • unlawful,

    • that may mislead other Customers,

    • violating the personal rights of Customers, Sellers or third parties,

    • generally considered offensive, vulgar or violating good customs, in particular: pornographic content, content promoting drug use or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.

  8. The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.

§ 15 FINAL PROVISIONS

  1. The meaning of the terms written in capital letters is consistent with the explanations contained in the section describing the definitions used in the Regulations.

  2. The seller is not responsible for:

    • interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure in relation to Customers who are not Consumers,

    • interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or reasons attributable to entities through which the Seller provides Services,

    • lost profits by Customers who are not Consumers.

  3. If it is impossible to amicably resolve a dispute between the Seller and a Customer who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland, in circumstances allowing such a possibility under the provisions of its national law, the court with jurisdiction over the Seller's registered office shall be established as the court competent to resolve the dispute.

  4. In relation to Customers who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if the provisions of their national law permit such a possibility, the law of the Republic of Poland shall apply as the law applicable to the performance of the contract concluded with the Seller and to the resolution of disputes related thereto.

  5. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, arising from the provisions of generally applicable law in the Consumer's place of residence.

  6. In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of law generally applicable in the Consumer's country, these provisions shall apply.

  7. In the event that the provisions of the Regulations prove to be invalid or ineffective, this circumstance does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of the invalid or ineffective provisions, the norm corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations shall apply.


§ 16 DEFINITIONS USED IN THE REGULATIONS

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

  2. Delivery is the process of delivering Goods to the Customer to the destination indicated by him, carried out via a Carrier.

  3. The Customer is a natural person, provided that they have full legal capacity or limited legal capacity in cases regulated by generally applicable law, or provided that they have the consent of their legal representative, as well as a legal person or an organizational unit without legal personality, in whose favor the generally applicable law grants legal capacity, which concludes an agreement with the Seller for the provision of the Service.

  4. Customer Account is a panel enabling the management of Customer orders via the Store, subject to registration and logging in.

  5. A consumer is a customer who is a natural person and concludes a contract for a purpose not directly related to his or her business or professional activity.

  6. The Shopping Cart is a functionality of the Store that enables the Customer to complete orders for Goods.

  7. A parcel locker is an automatic locker or postal terminal used to receive parcels of Goods.

  8. Carrier is an entity providing Goods Delivery services in cooperation with the Seller.

  9. Regulations are these contractual terms and conditions, the subject of which is the provision of Services electronically by the Seller to Customers, via the Store.

  10. The Store is an online store operated by the Seller via the website available at the URL address: lumanails.pl.

  11. The Seller is Luiza Matyjaszkiewicz, conducting business activity under the name LUMA Nails Luiza Matyjaszkiewicz, with its registered office in Radom (26-610) at ul. Stanisława Wernera 5/15, registered in the Central Register and Information on Business Activity, run by the Minister of Development, under the NIP number 6010021716 and REGON number 142501278, being the service provider, administrator and owner of the Store. The Seller can be contacted by phone: 795 004 595 and by e-mail: sklep@lumanails.pl.

  12. Sale is a Service of selling Goods provided by the Seller to the Customer, the subject of which is the Seller's obligation to transfer ownership of the Goods to the Customer and to deliver them, as well as the Customer's obligation to collect the Goods and pay the Seller the indicated price.

  13. Goods are items presented in the Store area by the Seller for the purpose of Sale.

  14. Service is a service provided by the Seller to the Customer, based on an agreement concluded between the parties via the Store. The conclusion of the agreement takes place within an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.