TERMS AND CONDITIONS OF USE

The seller and owner of the Vanilla Body Shop online store is 2B33 sp. z o.o. with its registered office in Katowice, ul. Słoneczna 77/28, entered into the National Court Register under the number 0000848895, NIP: 6342978858, REGON: 386459400

Contact with the Seller:

by e-mail at: sklep@vanillabodyshop.pl

by phone on working days, from 9.00 to 16.00, phone no. +48 602313112 

by post at: 2B33 sp.z o.o. , ul. Słoneczna 77/28, 40-136 Katowice

1. DEFINITIONS

a. Customer - an entity with full legal capacity, which, under the conditions set out in the regulations, places an order in the online store and for whom services are provided electronically.

b. Consumer - a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.

c. Account - a customer-dedicated, modifiable element of the online store, created after the customer registers.

d. Basket - an integral part of the online store and purchasing system, in which the Customer approves the terms of the order, i.e. type and quantity of goods, delivery or invoice details, payment method.

e. Order processing time - the time when the order is completed and then released to the carrier in order to deliver the goods to the address indicated by the Customer. The order fulfillment time does not include the delivery time, i.e. the time between the Seller's release of the goods to the carrier and its release to the Customer.

f. Working days - means days of the week from Monday to Friday, excluding public holidays.

g. Newsletter - a free service provided electronically, with the help of which the online store informs customers about new materials and events appearing as part of the store's activities, by periodically sending selected and edited content in the form of an e-mail.

h. Regulations - these regulations of the online store.

i. Registration - a procedure performed by the Customer in the manner indicated in the regulations in order to complete the order and use specific functions of the online store.

j. Online Store - an online service available at www.vanillabodyshop.pl with the use of which the Customer may, in particular, place an Order for available goods.

k. Goods - a product shown in the online store, which may be the subject of a sales contract; the essential properties of each product are made available on the subpage of the store assigned to it; the image of the goods presented on the website of the online store is a visualization of its actual appearance and is for information purposes only.

l. Sales contract - a contract for the sale of goods within the meaning of the Act of 23 April 1964 - Civil Code, concluded in accordance with the provisions of the regulations between the Seller and the Customer, via the store's sales system.

m. Order - Customer's declaration of will leading directly to the conclusion of the sales contract, with an indication of its essential conditions.

2. GENERAL PROVISIONS

a. These Regulations define the rules for using the Vanilla Body Shop online store, in particular the conditions for placing and modifying an order, making payments and other rights and obligations of the Customer and the Seller.

b. Retail sale of goods via the Internet is carried out through the online store. The online store also provides free services provided electronically in the form of providing various store functionalities, including maintaining a customer account.

c. These regulations are made available free of charge before the conclusion of the contract on the online store's website, and - at the Customer's request - in a way that allows him to obtain, reproduce and record the content of the regulations by means of an ICT system.

d. The condition for using the online store is to read the regulations and accept them.

e. The information contained in the online store is not an offer within the meaning of the Act of 23 April 1964 - Civil Code, but constitutes an invitation to conclude a contract.

f. Agreements are concluded in accordance with Polish law and in Polish.

g. In order to use the online store and complete the order, the following minimum technical requirements must be met: a device with Internet access, an installed and updated version of the Internet Explorer, Chrome, FireFox, Opera, Safari web browser with JavaScript enabled, an active account electronic mail (e-mail).

h. The Customer may not provide content prohibited by law, including content that violates personal rights and other rights of third parties; act in a way that violates the law or in order to circumvent the law, as well as in conflict with the principles of social coexistence or decency; use the online store in a way that disrupts its functioning or is burdensome for the Seller and other Customers.

i. The Seller ensures the protection of electronic transmission and digital content by using technical and organizational measures to protect them, in particular data against their acquisition by unauthorized persons, including through SSL encryption, access passwords or anti-virus programs and against unwanted software. At the same time, the Seller indicates that the use of the Internet and services provided electronically may be at risk of malicious software entering the ICT system and the user's device, as well as unauthorized access to the Customer's data, including personal data, by third parties. In order to minimize these threats, the Customer should use appropriate technical security measures

3. REGISTRATION IN THE STORE

a. The customer has the option of creating an individual account to streamline the ordering process, including saving the delivery address or viewing the history of ordered goods. For this purpose, the Customer completes the registration procedure.

b. The User gains the status of a registered Customer after completing the necessary registration activities in the online store according to the interactive form (in particular providing their real data), following the detailed messages displayed on the store's website during the procedure. Registration is confirmed by e-mail sent to the e-mail address provided in the registration form.

c. The customer can also create an account during the ordering process.

d. Upon confirmation of the registration by the Customer via an e-mail sent to his e-mail address, an agreement for the provision of services by electronic means of maintaining an account with the Seller is concluded. The Customer may terminate the account maintenance agreement at any time by sending such a statement to the Seller. The account will be deleted immediately.

e. In the registration process, the Customer provides a password, through which he then gains access to the Account. The customer may not share the password with third parties. The account is non-transferable.

f. The account contains information provided by the Customer during registration. Detailed information on the protection of personal data and their processing is provided in the paragraph "Personal data and privacy policy" of these regulations. The customer is obliged to update the account details.

4. ORDER

a. Orders can be placed electronically through the store's sales system at any time, with the proviso that their implementation takes place on the next business day.

b. Orders can be placed by customers who have or do not have the status of a registered user of the store. A customer who does not have an account in the online store places an order without registering and logging in.

c. The customer makes an order by virtually adding goods to the basket. Effective addition causes that in the cart tab the index of goods on the order list changes, which can be freely modified. After confirming the selection of goods, the Customer indicates in the order form his data, shipping address, form and price of the shipment and the method of payment for the order. After completing the order, the Customer approves it and sends it to the Seller by activating the "Order with the obligation to pay" button.

d. Each time, before sending the order to the Seller, the Customer is shown a summary of the order, i.e. the total amount and details of the order in order to confirm it.

e. In the process of placing an order, until the "Order with obligation to pay" button is activated, it is possible for the Customer to detect and correct errors in the order and modify it through the sales system of the online store. After this moment, the Customer may change the order, in particular correct errors in the entered data, until the shipment with the goods is sent by direct, immediate e-mail or telephone contact with the Seller.

f. The information presented in the online store is an invitation to submit offers by customers. Placing an order by the Customer is tantamount to submitting a declaration of will to conclude a contract for the sale of goods. The conclusion of the sales contract takes place when the confirmation of acceptance of the order for execution by the Seller is sent to the e-mail address provided in the order.

g. The order is effective if the Customer correctly completes the order form and correctly provides contact details, including the correct address to which the goods are to be sent. The Seller will contact the Customer when the data is not complete. If it is not possible to contact the Customer at least twice, it is considered that the service is impossible, and the Seller may cancel the order or withdraw from the contract.

h. The content of the concluded contract is recorded, secured and made available through the store's sales system (it is also available on the Customer's account) and is attached to the shipped goods. The customer who placed the order will be provided with a digital document confirming the conclusion of the contract.

The order processing time is up to 5 (five) working days, if this time is extended, the customer will be informed by e-mail. The execution of the order begins after:

- payment on delivery"cash on delivery" - after placing the order,

- bank transfer - after the payment has been credited by the Seller,

- other - after confirmation received by the Seller from the payment operator.

After the completion of the order, the goods are released to the carrier for delivery.

5. PRICES AND FORMS OF PAYMENT

a. The prices given on the website of the online store are gross prices, expressed in Polish zlotys and do not include shipping costs. The total price of the order is calculated according to the choices made by the Customer in the order form. The binding price is indicated in the order summary at the time it is sent to the Seller.

b. The Seller reserves the right to change the prices of goods on offer, introduce new goods to the store's offer, carry out and cancel promotional campaigns on the store's website, or make changes to them. The terms of the order may not be changed in relation to the Customer who submitted the offer in the manner indicated in point 4 of the regulations, before making the price change.

c. The Seller will make every effort to ensure that the products visible in the online store's offer coincide with the Seller's current stock. In the event of unavailability of all or part of the goods covered by the order, the Seller shall immediately notify the Customer and, if the Customer pays the price, he will return the sum of money received from him.

d. In the case of promotional sales and sales, for which a limited number of goods is intended, the order will be processed in the order in which confirmed orders for these goods are received, until the stocks covered by this form of sale are exhausted.

e. The customer can choose one of the following payment methods:

- cash payment "cash on delivery" upon delivery;

- transfer in PLN to the Seller's bank account 21 1140 2004 0000 3702 8018 1717, maintained in M Bank, in the title of the transfer, please provide the order number,

- transfer in EUR to account No. ... maintained in ..., SWIFT: ...,

- electronic payment via the Przelewy24.pl payment system, operated by PayPro S.A. based in Poznań.

f. When choosing a payment other than "cash on delivery", if the Customer does not make the payment within 48 hours (forty eight) hours from the date of sending the order, the order will be cancelled.

g. A sales document in the form of a fiscal receipt or a VAT invoice is issued for each product sold. The sales document is a confirmation of the essential elements of the placed order.

6. SHIPPING

a. Parcels are delivered in a manner chosen by the Customer from the options provided by the Seller. Delivery of goods is limited to the forms indicated in the order form.

b. The cost of shipping the goods is paid by the Customer. This cost is calculated on the basis of the delivery prices indicated in the order form and is added to the order amount in the summary, after the Customer selects the delivery option.

c. The condition for sending the goods is to pay the amount of the order value, unless the Customer has chosen the "cash on delivery" payment.

d. The goods are sent to the address indicated in the order form. The seller will contact the customer immediately if the incorrectly completed form prevents effective delivery of the order.

e. The order delivery time in Poland lasts up to 7 (seven) working days or 14 (fourteen) working days for shipment abroad, counted from the moment of completing and sending the order by the Seller.

f. If, before handing over the consignment, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish the condition of the consignment and the circumstances of the damage in a report. The carrier should also do it at the request of the Customer who finds that the shipment is damaged. The risk of accidental loss or damage to the goods passes to the Customer upon delivery of the shipment.

7. WITHDRAWAL FROM THE AGREEMENT and REPLACEMENT OF GOODS

a. A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting a relevant statement in writing within 14 (fourteen) days from the date of taking possession of the item by the Consumer or a third party indicated by him. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding. To meet this deadline, it is enough to send a statement before its expiry. The customer may use the model statement of withdrawal from the contract attached to the goods or notify the Seller via e-mail.

b. In the event of withdrawal from the contract, the Seller returns the received payments to the Consumer immediately, and in any case not later than 14 (fourteen) days from the date on which the Seller was informed about the decision to exercise the right to withdraw from this contract.

c. The consumer is obliged to return the goods to the Seller immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the goods before its expiry.

d. The consumer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

e. The right to withdraw from the contract is not entitled to the Consumer in relation to contracts, e.g. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract, in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individualized needs, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.

f. The costs of returning the goods to the Seller in the event of withdrawal from a distance contract are borne by the Consumer. We do not accept returns of parcels sent to us on delivery.

g. The customer has the option of exchanging the goods for another and should inform the Seller about such an exchange by e-mail or telephone. Any price differences are taken into account when exchanging.

8. COMPLAINTS

a. The Seller is obliged to deliver goods without defects to the Customer. The Seller is liable to the Consumer if the goods have a physical defect. The consumer is entitled to a warranty in the form of removing the defect, replacing the item with a defect-free one, lowering the price or withdrawing from the Agreement.

b. Complaints should be submitted to the postal address indicated in the contact. In order to improve the complaint procedure, the claimed goods should be delivered together with the proof of purchase and a description of the defect found in the goods.

c. The Seller will respond to the Consumer's request within 14 (fourteen) days.

d. Complaints are only available to Consumers. The Customer who is not a Consumer and the Seller exclude the warranty for defects between themselves.

e. The consumer may use extrajudicial means of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

9. PERSONAL DATA AND PRIVACY POLICY

a. Personal data provided by the Customer are processed by the Seller in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws 2015. 2135 consolidated text).

b. The purposes and scope of processed personal data are determined by the scope of consents and supplemented data, in particular those sent using appropriate forms. The processing of Customers' personal data concerns:

- name and surname,

- address of residence,

- e-mail address,

- phone number,

- your computer's IP address.

c. Personal data will be processed in order to:

a) implementation of legal provisions,

b) creating an account, order fulfillment, including the provision of electronic services, consideration of complaints and other activities indicated in the regulations,

c) promotional and commercial activities of the Seller.

d. The processing of the Customer's personal data for marketing purposes requires a separate consent.

e. Providing personal data and consenting to their processing is voluntary, but the lack of consent to the processing of personal data marked as mandatory will prevent the Seller from performing services and performing contracts (subject to paragraph 4).

f. These consents may be withdrawn at any time by sending such a request to the Seller's e-mail or local address provided in the regulations.

g. The legal basis for the processing of personal data in the case referred to in par. 3 lit. a, is the statutory authorization to process data necessary to act in accordance with the law, while in the case referred to in para. 3 lit. b and c, it is a contractual authorization to process personal data in the event that it is necessary to fulfill legally justified purposes pursued by the data controller or data recipients and the Customer's consent.

h. The data is made available only for the purpose of executing the Order and contracts for the provision of electronic services (to the carrier providing services to the Seller). Personal data collected by the Seller may also be made available to the relevant state authorities at their request on the basis of relevant legal provisions, other persons and entities - in cases provided for by law.

i. If the Customer chooses to pay for the ordered Goods via an external payment service, his personal data will be provided to the operator to the extent necessary for the implementation of the Sales Agreement.

j. Disclosure of personal data to unauthorized entities under these regulations may only take place with the prior consent of the Customer to whom the data relate.

k. Customers have the right to control the processing of data concerning them contained in data sets, and in particular the right to:

- access to your personal data, supplementing and correcting data by submitting such a request to the Seller,

- demand temporary or permanent suspension of their processing or their removal if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected,

- transferring your personal data to another data controller. You can submit an application via our hotline or by sending us a traditional or electronic letter,

- objection to the processing of their personal data - in cases provided for by law,

- restrictions on data processing. However, it is possible that, despite your request, we will still process it - this applies in particular to situations where we establish, pursue or defend against claims

- request deletion of data when they become unnecessary to achieve the purpose for which they were collected.

l. Entrusted personal data is stored and secured in accordance with the principles set out in applicable law: the Act of June 29, 1997 on the protection of personal data (Journal of Laws No. 101 of 2002, item 926, as amended ), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended), the Regulation of the Minister of the Interior and Administration of April 29, 2004 on the processing documentation personal data and technical and organizational conditions that should be met by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).

m. Personal data will be transferred to entities outside the European Economic Area only in situations where the delivery of the order will concern such a country (carrier) or when the payment operator is based in a country outside the EEA.

n. The Seller applies technical and organizational measures to ensure the protection of processed personal data appropriate to the threats and categories of data protected, and in particular protects data against unauthorized access, removal by an unauthorized person, processing in violation of the Act and change, loss, damage or destruction.

o. If the Seller receives information about the Customer's use of the service provided electronically in violation of the regulations or applicable regulations (unauthorized use), the Seller may process the Customer's personal data to the extent necessary to determine the Customer's liability.

p. The website may store http queries, therefore some information may be stored in the server log files, including the IP address of the computer from which the query came, name of the client's station - identification carried out by the http protocol, if possible, date and system time of registration on the website and the arrival of the query, the number of bytes sent by the server, the URL address of the page previously visited by the user, if the customer entered via a link, information about the user's browser, information about errors that occurred during the http transaction.

q. Logs can be collected and analyzed as material for the proper administration of the website and the preparation of traffic statistics on the website. The summary of such information does not identify Customers. Only persons authorized to administer the IT system have access to the information.

r. The personal data provided are not subject to profiling and are not used to make decisions automatically.

s. If the customer suspects that his data is being processed contrary to the GDPR, he may lodge a complaint with the supervisory authority in the field of personal data protection in the manner indicated on the website of the supervisory authority at www.giodo.gov.pl

t. We process the data for the time necessary to achieve the purpose of processing and it is required by the relevant provisions of law.

We delete or anonymise data in particular when:

- the data subject withdraws consent to the processing of personal data,

- the data subject effectively objects to further processing,

- there will be a limitation period for any claims,

- deadlines that result from other regulations have expired.

u. In matters concerning personal data, you can contact us:

- by e-mail: serwis@vanillabodyshop.pl

- by post to the following address:

2B33 sp.z o.o. , ul. Słoneczna 77/28, 40-136 Katowice, Poland

with the note 'Personal data'

- via the contact form on the website: https://www.vanillabodyshop.pl/kontakt

10. NEWSLETTER

a. The Newsletter subscription service is provided by the Seller to Customers who voluntarily agree to it.

b. In order to subscribe to the Newsletter, the Customer orders the Newsletter service by providing their e-mail address by completing the interactive form available at www.vanillabodyshop.pl. and after its approval activates the service via the link in the e-mail sent to the user to the address provided by the customer.

c. Upon activation of the subscription, an agreement for the provision of the Newsletter service is concluded between the Seller and the Customer for an indefinite period. The User may terminate the contract for the provision of the Newsletter service at any time by deactivating the subscription. You can unsubscribe from the Newsletter by sending information about your resignation by replying to an e-mail sent as part of the Newsletter service, or by contacting us via the store's contact form.

d. The Service Provider ensures the protection of electronic transmission by using technical measures to the extent corresponding to the threats to the security of the Newsletter service.

11. FINAL PROVISIONS

a. In matters not covered by these regulations, the provisions of common law shall apply, in particular the Act of April 23, 1964 - Civil Code and the Act of May 30, 2014 - on consumer rights.

b. All materials, including graphic elements, the composition of these elements, trademarks and others, available in the online store are subject to exclusive rights, in particular they are subject to copyright and industrial property rights. The use of materials available in the online store in any form requires the consent of the Seller each time.

c. In the event of a dispute with the Seller, the Customer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded sales contract. The consumer may also apply for mediation or settlement to the arbitration court (use alternative dispute resolution methods, the so-called ADR). For this purpose, the Seller must be provided, depending on the will of the Consumer, with an application for mediation or an application for consideration of the case before the arbitration court. If the dispute concerns a defect of the goods, it should be borne in mind that the use of ADR is possible after the complaint process with the Seller is completed. Detailed information on access to these procedures is available from the authorities conducting them. In other cases, when determining the place of jurisdiction of the court, the rules set out in the Code of Civil Procedure should be followed. Disputes arising between the Seller and the Customer, who is not also a Consumer, shall be submitted to the court having jurisdiction over the registered office of the Seller.

12. CHANGES TO THE REGULATIONS

a. The Seller may change these regulations for important legal or technical reasons.

b. Customers with an account will be informed about the change in the Regulations in an e-mail sent at least 14 days before the entry into force of the new regulations, and other users - in a message displayed on the home page for at least 14 days before its entry into force. During this time, the Customer must again accept or refuse to accept the regulations. In the event of non-acceptance of the amended regulations, the Customer may delete the account at any time.

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