1. The Rules define the general conditions and procedures for sales carried out by La MakeUp Sp. z o.o. located in Warsaw through the Online Store www.makeupstore.co.il (hereinafter the "Online Store") and define the terms and conditions of the service, provided by La MakeUp Sp. z o.o., located in Warsaw, through free electronic services.
§ 1 Definitions
1. Business days are the days from Monday to Friday, excluding public holidays.
2. Delivery – is the actual delivery act:
To the Customer by the Seller through the Supplier of the Products, specified in the order.
3. Supplier – is the person or a company, cooperating with the Seller, in Products delivery process:
a) Courier company;
b) DPD Pickup.
4. Password – is a sequence of letters, numbers or other symbols chosen by the Customer during the Registration process at the Online Store, used to protect an access to the Client's Personal Account at the Online Store.
5. Customer – is a person or a company, to whom the services are provided in electronic form in accordance with Legislative Rules and Regulations or due to the Sales and Purchase Agreement between the Customer and the Seller.
6. Consumer – is an individual who enters into a legal transaction with an Entrepreneur that is not directly related to his business or professional activities.
7. Customer’s Account – is a separate page for each Customer, launched on his behalf by the Seller after he has registered and concluded a Delivery Service Agreement of the Customer Account service.
8. Entrepreneur – is a self-employed person, legal entity or organizational unit to whom the law confers legal capacity, running business or professional activities on his own behalf and performs legal transactions directly related to his business or professional activities.
9. Rules – are main rules, mentioned here.
10. Registration – is the actual action made according to the specified Rules, necessary for the Customer to be able to use all the functions of the Online Store.
11. Seller – La MakeUp Sp. z o.o. with headquarter in Warsaw (02-672), st. Domanevskaya 37, loc. 17.6, NIP: 5252636585, REGON: 363029583, mentioned in the entrepreneurs register, maintained by the District Court in Warsaw, 12th Commercial Division of the National Court Register under the number KRS 0000587427, with a registered capital of PLN 26,450,000; e-mail: [email protected], who is also the owner of the Online Store.
12. Store Website – are websites on which the Seller manages his Online Store operating in the www.makeupstore.co.il domain.
13. Products – are Goods presented by the Seller through the Store Website, which may be the subject of the Sale and Purchase Agreement.
14. Data Medium – is a material or tool that allows the Customer or Seller to store his personal information, being able to provide access to this information in the future for a period corresponding to the purposes for which this information is used, and which allows to restore the stored information without changes.
15. Sale and Purchase Agreement – an agreement concluded remotely on the terms established by the Rules between the Costumer and the Seller.
§ 2 General Regulations and Use of the Online Store
1. All rights to the Online Store, including copyrights, intellectual property rights for its name, its Internet domain, the Store website, as well as templates, forms, logos, posted on the Store Website (except logos and photos presented on the Store's Website for the purpose of presenting products, the copyright of which belongs to third parties) belong to the Seller, and can be used in the way, specified in accordance with the Rules and the Seller's consent expressed in written form.
4. To place an order at the Online Store via the Store website or by email, and to use the services available on the Store websites, the Customer must have an active User Account.
Choosing ‘Delivery via DPD Pickup", the Customer must also have an active phone number and an active email account, which is required for Delivery purposes.
5. To place an order at the Online Store by phone, the Customer must have an active phone number and an active email account.
6. The Seller is not allowed to provide an illegal content, and the Customer is not allowed to use the Online Store, its website or free services provided by the Seller, if it interferes the law, decency or in case it influences the personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of receiving and changing the Customer's data by unauthorized persons, therefore, the Customer should use appropriate technical measures to minimize mentioned risks. In particular, the Customer should use anti-virus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
8. It is not allowed to use the resources and functions of the Online Store for the Customer to carry out actions that violate the interests of the Seller, which is, advertising activities of another Entrepreneur or product; placement of content, not related to the activities of the Seller; posting false or misleading content.
§ 3 Registration
1. To create a Customer’s Account, the Customer must follow free registration.
2. Registration is not required to place an order at the Online Store.
3. To register, the Customer must complete the registration form provided by the Seller on the Store's website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. When registering, the Customer sets an individual Password.
4. When filling in the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
5. During Registration, the Customer may allow to process his personal data for marketing purposes by marking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting Customer’s personal data, as well as known or possible recipients of this data.
6. The Customer's consent to the processing of his personal data for marketing purposes means the possibility of concluding an agreement with the Seller by electronic means.
Consent can be revoked at any time by providing the Seller with a corresponding letter from the Customer. The application can be sent, for example, to the Seller's address by e-mail.
7. After sending the completed registration form, the Customer will immediately receive a confirmation of registration from the Seller to the e-mail address indicated in the registration form. At this moment, an agreement is concluded for the electronic provision of the Service under the Customer’s Account, and the Customer gets the opportunity to access his personal Account and make changes to the data provided during Registration.
§ 4 Orders
1. The information, showed on the Store website is not an offer from the Seller within the Civil Code, but is just an offer to Customers for the conclusion of a Sale and Purchase Agreement.
2. The Customer can place orders at the Online Store through the Store website or by email 24/7.
3. The Customer can place orders at the Online Store by phone, hours and days are specified on the Store's website.
4. The Customer, placing an order through the Store website makes the order by selecting the products of his interest. The product is added to the order by selecting the ‘BUY’ button under the product, presented on the Store website. After completing the entire order and specifying the delivery method and method of payment in the "Cart", the Customer places the order by sending the order form to the Seller, clicking the "PLACE AN ORDER" button on the Store website. Each time before sending an order to the Seller, the Customer is informed about the total cost of the selected products and delivery, as well as all additional costs that he is obliged to pay in accordance with the Sale and Purchase Agreement.
5. The Customer placing an order by phone uses the phone number indicated by the Seller on the Store website. During a telephone conversation, the Customer indicates to the Seller the name of the products from the Store website, the number of products that he would like to order, the method and address of delivery and the form of payment. The Customer also indicates his email address or address for correspondence, which must be confirmed to the Seller in case of the Sale and Purchase Agreement conclusion between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of the selected products and the total cost of the selected delivery method, as well as about all additional costs that the Customer will be obliged to pay in case the Sale and Purchase Agreement is concluded.
6. After the conclusion of the Sale and Purchase Agreement by telephone, the Seller will send to the e-mail or correspondence address specified by the Customer, a data medium with information containing Terms confirmation of the Sale and Purchase Agreement. The confirmation includes, in particular: the specification of the Product that is the subject of the Sales and Purchase Agreement, its price, delivery costs and information about any other costs that the Customer is obliged to pay in accordance with the Sale and Purchase Agreement.
7. The Customer placing an order by e-mail sends it to the e-mail address indicated by the Seller on the Store website. In the message sent to the Seller, the Customer indicates, in particular: the name of the products, the color and quantity of the products presented on the Store website, and his contact information.
8. After receiving the message specified in §4 sec. 7, the Seller sends the Customer a response message by e-mail, providing his registration data, the price of the selected products and possible payment and delivery method, along with its cost, as well as information about all additional payments that the Customer has to pay in accordance with the Sale and Purchase Agreement. The message also contains information for the Customer, that the conclusion of the Sale and Purchase Agreement by e-mail means the obligation to pay for the ordered Products. Based on the information provided by the Seller, the Customer can place an order by sending an email to the Seller, indicating the chosen form of payment and delivery method.
9. By placing an order, the Customer submits an Offer to conclude the Sale and Purchase Agreement for the Products that are the subject of the order.
10. After placing the order, the Seller sends acceptance confirmation to the email address specified by the Customer.
11. Then, after confirming the order, the Seller sends information about products delivery to the email address specified by the Customer. The acceptance information is the Seller's statement of Offer acceptance specified in §4 sec.9, and when the Customer receives the order, the Sale and Purchase Agreement is concluded.
12. After the conclusion of the Sale and Purchase Agreement, the Seller confirms its conditions to the Customer by sending it in a data medium to the Customer's e-mail address or writing to the address, specified by the Customer during Registration or placing an order.
§ 5 Payment
1. Prices on Store website indicated next to the product are gross prices and do not include delivery costs and any other costs that the Customer will be obliged to pay in accordance with the Sale and Purchase Agreement, about which the Customer will be informed when choosing method of delivery and placing an order.
2. The Customer can choose the following forms of payment for the ordered Products:
a) bank transfer through external payment platform Adyen operated by Adyen N.V., a company registered with the Dutch Chamber of Commerce under number 34259528 (in this case, the order will be processed after the Seller sends an order acceptance confirmation to the Customer and after the Seller receives information from PayPro about the payment made by the Customer);
a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the Customer an order confirmation, that the costs are obtained by the Seller's bank account).
3. The Customer must pay for the order the price specified in Sale and Purchase Agreement within 3 business days if the prepayment form has been chosen.
4. If the Customer fails to pay the payment within the time period specified in § 5 sec. 3, the Seller sets an additional time limit for making a payment by the Customer and informs the Customer about it on a data medium. The information about the additional payment period also contains information with expiry date of this period, when the Seller will refuse the Sale and Purchase Agreement. In case the Customer does not meet the second payment deadline, the Seller will send the Customer a cancellation declaration from the Agreement on data medium in accordance with Art. 491 of the Civil Code.
§ 6 Delivery
1. The Seller delivers on the territory of Israel.
2. The Seller is obliged to deliver the Products, which are the subject of the Sale and Purchase Agreement, without any defects.
3. The Seller provides information about the number of business days required for delivery and proceeding of the order on the Store website.
4. The time of order delivery and proceeding, indicated on the Store website, is considered in business days in accordance with § 5, sec. 2 of the Regulations.
5. The ordered Products are delivered to the Customer through the Supplier to the address indicated in the order form. If choosing DPD Pickup to be a Supplier, the delivery address will be the DPD Pickup point address, chosen by the Customer at the time of ordering.
6. On the day the Products are being sent to the Customer, a shipment confirming message is sent by the Seller to the Customer’s e-mail address.
7. The Client is obliged to carefully look at the delivered parcel in the way acceptable for parcels of this type. In case of damage caused to the product, or loss of the product, the Customer has the right to require the Supplier's employee to fill in an appropriate protocol.
8. The Seller, in accordance with the wishes of the Customer, shall attach to the shipment which is the subject of delivery, a receipt or invoice with VAT for the delivered Products.
To receive a VAT invoice, the Customer must tell, while placing the order, that he is purchasing the Products as an Entrepreneur (taxpayer). It can be made by choosing the appropriate box in the order form before sending the order to the Seller.
SPECIAL NOTE: we are sorry to inform that due to technical reasons we are unable to proceed with orders from legal entities. We are working on resolving the issue and hope to be able to fix it in the nearest time.
9. As part of the Agreement with the Customer, the Seller may send an invitation to fill in an After-Service Question Form to the Customer's email address. The questions are asked in order to study the opinion of the cooperation. The Customer can voluntarily fill in the Form.
§ 7 Seller’s Warranty
1. The Seller ensures that the Products are delivered free of physical and legal defects. The Seller accounts for the Products delivered to the Customer if the Product has a physical or legal defect (Warranty).
2. If the Products have any defects, the Customer may:
a) submit a request for a price reduction or cancellation of the Sale and Purchase Agreement if the Seller immediately and without any inconveniences to the Customer will not replace the defective Product with a Product without any defects or will not remove the defect. This limitation does not apply if the Products have already been replaced or changed by the Seller or the Seller has not fulfilled the obligation to replace the Products with an appropriate one or eliminate defects. The Client may instead of eliminating the defect proposed by the Seller, demand the replacement of the Product with a Product that does not have defects, or instead of replacing the Product, demand the removing of the defect, unless it is impossible to bring the Product into conformity with the Agreement in the way the Customer wants, or require excessive costs compared to the method suggested by the Seller. In processing the excess cost, the cost of the Product without defects, the type and measure of the defect found, and the inconvenience to which the Customer would otherwise be exposed, shall be taken into account.
b) demand the replacement of the defective Product for the Product without defects or the elimination of the defect. The Seller is obliged to replace the defective Product with a Product that is free of defects, or eliminate the defect within a reasonable time without causing inconveniences to the Customer. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Products into compliance with the Sale and
Purchase Agreement in the manner chosen by the Purchaser, or if excessive costs are required compared to the second possible method of compliance with the Sale and Purchase Agreement. The Seller must bear the cost of repair or replacement.
3. The Customer who is entitled to the warranty is obliged to deliver the defective product to the Seller's address. In case of a Customer being a Consumer, the Seller pays the shipping costs.
4. The Seller incurs liability under the Warranty if a physical defect is discovered within two years from the date of delivery of the Products to the Customer. The claim for removing the defect or replacement of the Product with a Product without defects expires after one year, but this period cannot end before the expiration of the period specified in the first sentence. During this period, the Customer can cancel the Sale and Purchase
Agreement or submit an application for a price reduction due to the defect found in the Product. If the Customer has requested replacement of the Product with a Product without defects or elimination of the defect, the deadline for canceling the Sale and Purchase Contract or filling a price reduction request begins when the Seller does not meet the deadline for replacing the Product or removing its defect.
5. Any complaints related to the Products or the fulfillment of the Sale and Purchase Agreement may be addressed by the Customer in written form to the Seller's address.
6. The Seller, within 14 days from the date of the request containing the claim, will respond to the claim for the Products or the claim related to the fulfillment of the Sale and Purchase Agreement submitted by the Customer.
7. The Client can submit a claim to the Seller using free services provided by the Seller in electronic form. The complaint can be submitted electronically to the address [email protected]. In the complaint, the Customer has to describe the problem. The Seller will immediately, but no later than within 14 days, consider the claim and provide the Customer with an answer.
8. The Seller disclaims responsibility for the Warranty in relation to the Entrepreneurs.
§ 8 Manufacturer’s/Distributor’s Warranty
1. Products, sold by the Seller, may be covered by the Warranty provided by the Manufacturer of the Products or Distributor.
2. In the case of Products covered by a Warranty of such a type, information on the availability and content of the Warranty is shown each time on the Store's website.
§ 9 Sale and Purchase Agreement Termination
1. The Customer, being a Consumer who has entered into a Sale and Purchase Agreement, may cancel it within 14 days without giving any reasons.
2. The term for canceling the Sale and Purchase Agreement begins from the moment when the Consumer or a third party chosen by him, other than the Supplier, starts possessing the Products, and in the case of the Agreement that includes many Products that are sold separately, in groups or parts, - from the moment when the Consumer or a third party starts possessing the last Product, group or part. The Consumer can cancel Sale and Purchase Agreement by sending a cancellation letter to the Seller. This letter can be sent, for example, in written form to the Seller's address by e-mail. The cancellation application can be submitted in a form, mentioned by the Seller on the Store website at the following address: [email protected]. To meet the deadline, it is enough to send the application before its expiration.
3. In case of the Sale and Purchase Agreement termination, it is considered to be invalid.
4. If the Consumer has submitted an application for canceling the Sale and Purchase Agreement before the Seller has accepted his offer, the offer becomes invalid.
5. The Seller is obliged to immediately, but not later than within 14 days from the date of receipt of the Consumer's cancellation application of the Sale and Purchase Agreement, return all payments made by the Consumer, including the cost of delivery of the Products to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Product is returned or until the Consumer provides proof of the return of the Product, whichever comes first.
6. If the Consumer exercising the right of cancellation has chosen a method of Products delivery, other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
7. The Consumer is obliged to immediately return the Products to the Seller, but no later than within 14 days from the date when he canceled the Sale and Purchase Agreement. To meet the deadline, it is enough to return the Products to the Seller early.
8. In case of refusal, the Customer, who is a Consumer, bears only the direct costs of returning the Products.
9. If the Product by its nature cannot be returned by mail, the Seller must inform the Consumer of the returning costs of the product on the Store's website.
10. The Consumer is responsible for the Product’s value reduction as a result of its use in inappropriate manner, taking to the account its characteristics and functioning.
11. The Seller must reimburse the payment using the same method of payment that was used by the Consumer, unless the Consumer personally agreed to another method of return, which does not entail any costs for him.
12. The right to cancel the Sale and Purchase Agreement is not guaranteed to the Customer who is a Consumer of the Products that are delivered in sealed packaging, which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging was opened after delivery.
§ 10 Free Services
1. The Seller provides the Customers with free electronic services:
a) Contact Form;
c) Customer's Account;
2. The services specified in §10 sec. 1 are provided 24/7.
3. The Seller has the right to choose and change the type, form, time and method of providing access to the selected mentioned services, about which he will inform the Customers in accordance with the Amendments to the Rules.
4. The "Contact Form" service serves for sending a message to the Seller through the form available on the Store website.
5. Cancellation of the free feedback service form is possible at any time and means stopping sending requests to the Seller.
6. The ‘Newsletter’ service can be used by any Customer who fills in his email address using the registration form provided by the Seller on the Store website. After submitting the completed registration form, the Customer will immediately receive an activation link by email to the email address provided in the registration form in order to confirm the subscription to the newsletters. After activating the link, the Customer makes an agreement for getting the Newsletter service in electronic form. The Customer can additionally mark the appropriate box in the registration form during Registration process in order to subscribe.
7. The ‘Newsletter’ service aims at sending e-mail messages by the Seller to the e-mail address of the Customer, containing information about new products or services in the Seller's Offer. The mails are sent by the Seller to all subscribed customers.
8. Each letter, addressed to specific Customers includes, in particular: information about the sender, a filled-in "subject" field, that defines the content of the letter and information about the possibility and option of canceling the free Newsletter service.
9. The Customer can unsubscribe from the letters at any time by unsubscribing from the link in each email, sent as part of the letter or by deactivating the corresponding field in the Customer Account.
10. The ‘Customer Account’ service is available after registration under the conditions described in the Rules, and means providing the Customer with a special page on the Store website, allowing the Customer to change the data he provided during Registration, as well as to track the status of orders and order history, which have already been completed.
11. A registered Customer can submit a request to the Seller to delete the Customer's Account, but if the Seller requests to delete the Customer's Account, it can be deleted within 14 days from the date of the request.
12. The ‘Reviews’ service allows the Seller and Customers with a Customer Account, to publish on the Store website individual subjective opinions of the Customers, in particular, regarding the Products.
13. Canceling the ‘Reviews’ Service is possible at any time and means that the Customer stops posting content on the Store website.
14. The Seller has the right to block access to the Customer's Account and free services if the Customer acts in inappropriate way towards the Seller or other Customers, the Customer violates the law or the provisions of the Rules, as well as when blocking access to the Customer's Account and free services are justified for security reasons – in particular: violation of the security of the Store website or other hacking actions. Blocking access to the Customer's Account and free services for the above reasons lasts for the period necessary to resolve the issue, which is the basis for blocking access to the Customer's Account and free services. The Seller notifies the Customer of blocking access to his Account and free services electronically to the address specified by the Costumer in the registration form.
§ 11 Seller's Responsibility in Content Posting
1. The content, posted on Store website is voluntarily and available thanks to the Seller. The posted content does not express the personal views of the Seller and should not be equated with his activities. The Seller is not a content provider, but only a person who provides adequate resources for this purpose.
2. The Seller declares that:
a) he has the right to use proprietary copyright, industrial property rights and/or related rights to the objects of industrial property rights (for example, trademarks) and/or objects of related rights that make up the content;
b) the placement and sharing of the services specified in §10 of the Rules, personal data, images and information about third parties is lawfully, voluntarily and with the consent of the persons they concern;
c) he agrees to give an access to the published content for other Customers and Sellers, and also gives the right to use it for free in accordance with the provisions of these Rules;
d) gives consent to all the preparations within the Law of Copyright and Related Rights.
3. The Seller has no right to:
a) post, within the use of the services specified in §10 of the Rules, personal data of third parties and distribution of images of third parties without the consent or consent of a third party required by law;
b) place an advertising content as part of the use of the services specified in §10 of the Rules.
4. The Seller is responsible for the content posted by the Customers, provided that he receives notification in accordance with §12 of the Rules.
5. Customers are not allowed to publish content that, in particular, may:
a) be published with bad intentions, for example, with the intent to violate the personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations;
c) be offensive or pose a threat to other people, contain language that violates good manners (for example, using profanity or terms that are usually considered offensive);
d) contradict the interests of the Seller;
e) otherwise violate the provisions of the Rules, rules of conduct, applicable law, social or moral norms.
6. If notification is received in accordance with §12 of the Rules, the Seller has the right to change or remove the content posted by the Customer as part of their use of the services specified in §10 of the Rules, in particular with respect to content for which, based on reports from third parties or the relevant authorities have been determined that they may constitute a violation of these Rules or applicable law. The Seller does not permanently
control the posted content.
7. The Seller agrees that the Customer can use the content posted by him on the Store website for free.
§ 12 Reporting Threats or Violations of Rights
1. If the Customer or another individual or legal person thinks that the content published on the Store website violates their rights, personal rights, decency, feelings, morality, convictions, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation, may notify the Seller of a potential violation.
2. The Seller, notified of a potential violation, immediately removes the content that caused the violation from the Store website.
§ 13 Protection of Personal Data
§ 14 Termination of the Contract (does not apply to Sale and Purchase Agreement)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving any reasons, taking into account the rights acquired by the other party prior to the termination of the above mentioned Sale and Purchase Agreement and terms described below.
2. The Customer, who has registered, terminates the Sale and Purchase Agreement for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication that allow the Seller to read the Customer's letter.
3. The Seller terminates the Sale and Purchase Agreement for the provision of electronic services by sending the Customer a corresponding letter to the email address specified by the Customer during Registration process.
§ 15 Final Conclusions
1. The Seller is liable for not fulfilling or improper fulfilling of the Sale and Purchase Agreement, but in the case it was concluded with Customers who are Entrepreneurs, the Seller is only liable in case of intentional damage and to the extent of actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Rules may be recorded by printing, saving to media or downloading at any time from the Store's website.
3. In case of a dispute under the concluded Sale and Purchase Agreement, the parties will try to resolve the dispute in a good way. The law, applicable to the resolution of any dispute, is Polish Law.
4. Each Customer can use out-of-court options to resolve complaints and recover damages. In this regard, the Customer can use mediation. Lists of permanent mediators and active mediation centers are submitted and provided by the presidents of the respective District Courts. The Customer, who is a Consumer, can also use out-of-court complaints by filling a complaint via the EU ODR Internet platform available at: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to make changes to these Rules. All orders accepted by the Seller for execution prior to the date of entry of the new Rules are implemented on the basis of the Rules valid on the date the order is placed by the Customer. The Amendment to the Rules comes into effect within 7 days from the date of publication on the Store website. The Seller informs the Customer 7 days before the new Rules come into effect of the change in the Rules by means of an e-mail containing a link to the text of the amended Rules. If the Customer does not accept the new Rules, he is obliged to notify the Seller of this fact, which leads to the termination of the Sale and Purchase Agreement in accordance with the provisions of §14 of the Rules.
6. The Regulation comes into effect on 01.01.2020.