These Regulations specify the general terms and conditions, rules and manner of sales conducted by Flawless sp. z o.o. with registered office in Warsaw (hereinafter referred to as: "Flawless"), using the online store sklep.flawless.pl (hereinafter referred to as: "Flawless Store"), and specify the terms and conditions of providing free of charge services by Flawless using electronic means.
§ 1 Definitions
1. Working days - weekdays from Monday to Friday, excluding public holidays.
2. Delivery - delivery of the Goods specified in the Order to the Customer by Flawless, via Delivery Service.
3. Delivery Service - Poczta Polska S.A. or a courier company.
4. Password - a sequence of alphabetical, numerical or other characters individually specified by the Customer, securing access to the Customer Account.
5. Customer - an entity to which, according to the Regulations, services may be provided by electronic means or with which a Sales Agreement may be concluded.
6. Consumer - a natural person performing a legal transaction not directly related to their business or professional activity.
7. Customer Account - a functionality of the Flawless Store's Website, launched on behalf of the Customer by Flawless, after the Customer has registered.
8. Login - individual Customer designation, required together with the Password to place an order in the Flawless Store. The Login is the correct e-mail address of the Customer.
9. Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to whom legal capacity is granted by law, that conducts business or professional activity on its own behalf.
11. Regulations - these regulations of the Flawless Store.
12. Registration - a procedure specified in the Regulations, which must be completed in order for the Customer to use all the functionalities of the Flawless Store.
13. Flawless - business activity conducted in the form of the limited liability company Flawless Sp. z o.o. with address for correspondence:
Al. Rzeczypospolitej 10 lok. 2a, 02-972 Warsaw, NIP (Tax Identification Number): 9512417736, REGON (National Business Registry Number): 365125782, e-mail address: email@example.com
14. Flawless Store Website - websites where Flawless operates the Flawless Store, operating under the domain flawless.pl.
15. Goods - a product offered by Flawless through the Flawless Online Store Website.
16. Durable medium - a material or device enabling the Customer to store information addressed personally to him/her in a manner enabling access to information in the future for a period of time appropriate for the purposes of the information and which allows for the unchanged reproduction of the stored information.
17. Digital content - data produced and delivered in digital form.
18. Sales agreement - a sales agreement concluded virtually, by electronic means, without the simultaneous physical presence of the parties and according to the rules specified in the Regulations, between the Customer and Flawless.
§ 2 Introduction
1. As Flawless, we own all rights to the Flawless Store, including copyrights, intellectual property rights to its name, Internet domain, Flawless Store Website, as well as to the designs, forms and logotypes used by us. These may only be used in the manner specified by us and in accordance with the Regulations.
2. Flawless provides the Flawless Store as an IT system, via the Internet and the Flawless Store Website.
3. Flawless reserves the right to place advertisements on the Flawless Store Website concerning the offered Goods as well as goods and services of third parties.
4. The Flawless Store and the Flawless Store Website may not be used by Customers or third parties to send spam.
5. The Flawless Online Store may be used only on the terms and within the scope specified by us in the Regulations.
6. By using the Flawless Store, the Customer is not authorized to interfere in any way with the digital content, structure, form, graphics or mechanism of its operation. It is prohibited for the Customer to provide illegal content or use the Flawless Store, the Flawless Online Store Website or services provided by Flawless free of charge in a manner which violates law, social norms, infringes on the personal rights of third parties or Flawless.
7. The Customer is entitled to use the Flawless Store's Websites exclusively for his or her own use. It is prohibited to use the resources and functions of the Flawless Online Store Websites for the purpose of conducting commercial activity by the Customer or in such a way as to infringe on the interests of Flawless.
8. Using the Flawless Store means any activity of the Customer which leads him/her to experience the digital Content contained on the Flawless Online Store Website, subject to the provisions of § 3 of the Regulations.
10. In order to place an Order in the Flawless Store and to use the services available on the Flawless Store Websites, the Customer must have an active e-mail account.
11. As Flawless, we represent that the public nature of the Internet and the use of services provided by electronic means may involve the risk of obtaining and modifying Customer data by unauthorised persons, therefore Customers should apply appropriate technical measures to minimize the aforementioned risks (use current antivirus and identity protection programs to protect the identity of Internet users).
12. Flawless creates and implements safeguards against unauthorized use, reproduction or distribution of the contents of the Flawless Store Website. In the event that Flawless uses such security features, the Customers agree to refrain from any actions aimed at removing or circumventing such security features or solutions.
§ 3 Registration in the Flawless Online Store
1. In order to create a Customer Account, the Customer is required to make a free Registration, however, Registration is not necessary for placing orders by Customers in the Flawless Store.
2. In order to Register, the Customer shall fill in the registration form made available on the Flawless Store Website and send the completed registration form electronically to Flawless by selecting the appropriate function in the registration form. During the Registration process, the Customer shall set their Password.
3. When filling in the registration form, the Customer shall observe the following rules:
(a) The customer shall complete all the fields of the registration form unless a field is optional;
b) Information entered into the registration form should relate to the Customer and be true;
e) By marking the appropriate field in the registration form, the Customer shall express his or her willingness to conclude an agreement for Flawless to provide the service of maintaining the Customer Account by electronic means, whereas the Customer's failure to express his or her will to conclude the agreement shall prevent Registration and creation of the Customer Account.
4. Sending the completed registration form is tantamount to:
b) authorising Flawless to process the Customer's personal data contained in the registration form in order to provide the service of maintaining the Customer Account and giving consent for Flawless to transmit information related to the maintenance of the Customer Account to the e-mail address provided by the Customer during the Registration process.
5. After sending the completed registration form, the Customer shall receive immediately, by e-mail sent to their e-mail address, a confirmation of the Registration by Flawless. With this, the Customer shall have the ability to access the Customer Account and make changes to the data provided during the Registration of data (except for the Login) and shall have the ability to use other services offered by Flawless via the Flawless Store Website.
6. The Customer shall be obligated to make every effort to maintain confidentiality and not to disclose the Password to third parties. The Customer shall immediately notify Flawless of any loss of their Password to unauthorised persons. In such an event, the Customer should immediately change the Password using the functionalities of the Customer Account.
§ 4 Orders, payment and fulfilment of orders
1. The information contained on the Store's Website constitute an offer by Flawless.
2. The Customer may place orders in the Flawless Online Store 7 (seven) days a week and 24 (twenty-four) hours a day via the Flawless Store Website.
3. The Customer places an order by selecting the "ADD TO CART" option and the Goods they are interested in on the Flawless Store Website, and then, having completed their entire order, by indicating within the "CART" the method of Delivery and payment, and sending the order form to Flawless by selecting the "PLACE ORDER" field in the order form. Before sending the order to Flawless, the total price of the selected Goods, the total cost of the chosen Delivery method and any other costs associated with the fulfilment of the order shall be given. The last step is to confirm the order by selecting the "CONFIRM PURCHASE" field.
4. When an order is placed, Flawless shall send to the e-mail address provided by the Customer a confirmation of the order placed by the Customer.
5. After concluding the Sales Agreement, Flawless shall confirm to the Customer the terms and conditions of the Agreement by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
§ 5 Payment and Delivery
1. Prices on the Flawless Store Website can be found next to the Goods. These prices:
a) are gross prices (including VAT) and are specified in Polish zloty (PLN);
b) do not contain information on the costs of Delivery;
(c) do not contain information on possible customs duties.
2. The final binding price for the parties to the sales agreement is the price of the Goods available on the Flawless Store Website at the time of placing the order by the Customer. Information on the total value of the order is specified in each case in the "CART", after the Customer chooses the form of Delivery and specifies the payment method.
3. The Customer may choose the following methods of payment for the ordered Goods:
a) bank transfer to the bank account of Flawless (in this case, fulfilment of the order shall commence after Flawless sends the Customer a confirmation of order acceptance, and shipment shall be made when the funds are credited to the bank account of Flawless);
b) cash on delivery, payment to the Delivery Service at the time of Delivery (in this case, fulfilment of the order and its dispatch shall be commenced after Flawless sends the Customer a confirmation of order acceptance);
c) bank transfer via PayU external payment system operated by PayU S.A. with registered office in Poznań (in this case, fulfilment of the order shall commence after Flawless sends the Customer a confirmation of order acceptance and after Flawless receives information from PayU concerning the payment made by the Customer);
d) bank transfer via PayPal external payment system operated by PayPal (Europe) S.a.r.l. & Cie, S.C.A. with registered office in Luxembourg (in this case, fulfilment of the order shall commence after Flawless sends the Customer a confirmation of order acceptance and after Flawless receives information from PayPal concerning the payment made by the Customer).
(e) cash or card on personal collection.
4. The customer shall not able to pay for a part of the order in advance, and for a part of the order on delivery. The Customer is informed each time about the pay by date for the order, taking into account the method of Delivery.
5. Flawless shall publish on the Flawless Store Website information concerning order completion times.
6. The ordered Goods are delivered to the Customer via the Delivery Service, to the address indicated in the order form.
7. The Customer should examine the delivered parcel in a time and manner accepted for parcels of a given type, in the presence of an employee of the Delivery Service.
8. The Customer has the right to demand from the employee of the Delivery Service the writing of a proper protocol in the event of loss or damage to the parcel.
9. The Customer may collect the ordered Goods personally at the following address: 4 Concept Store Al. Rzeczypospolitej 10, lok. 2A, Warsaw 02-972 Flawless on the following days and in the following hours: from Monday to Friday between 11 a.m. and 7 p.m. and on Saturdays between 11 a.m. and 3 p.m.
10. Flawless shall include a receipt or a VAT invoice covering the Goods in the parcel being delivered.
11. In the event of the Customer's absence at the address indicated by the Customer, provided at the time of placing the order as the Delivery address, the employee of the Delivery Service shall leave a notice. In the event that the ordered Goods are sent back to the Flawless Online Store by the Flawless Delivery Service, the Flawless Delivery Service shall contact the Customer by e-mail or telephone to agree with the Customer a different date and the cost of Delivery.
12. Flawless shall announce via the Flawless Store Website promotional campaigns concerning the possibility of reducing Delivery costs when placing Orders for a specified value.
13. If the Order placed by the Customer is for an amount specified in a given promotional campaign related to the reduction Delivery costs, as described in section 12 above, each Delivery cost shall be reduced by PLN 12.90 (twelve zlotys and ninety groszy) or by PLN 17.90 (seventeen zlotys and ninety groszy) in the event of choosing cash on delivery by activating an automatic discount code.
14. Delivery price reduction applies only to Orders paid in Polish zlotys (PLN).
15. The actions referred to in section 12 to 14 above shall not be combined with other promotions activated by the use of codes.
§ 6 Liability and Warranty
1. Flawless shall be liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, Flawless shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2. Flawless shall ensure Delivery of the Goods without any physical or legal defects and shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
3. If the Goods are defective, the Customer may:
a) make a declaration of price reduction or withdrawal from the Sales Agreement, unless Flawless immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects, or removes the defect. However, this limitation shall not apply if the Goods have already been replaced or repaired by Flawless or Flawless has not fulfilled the obligation to replace the Goods with Goods free from defects or to remove defects. The Customer may instead of the defect removal proposed by Flawless demand replacement of Goods with defect-free ones, or instead of replacement of Goods demand removal of the defect, unless bringing the goods to conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by Flawless. The value of Goods which are free from defects, the type and severity of the defect found, as well as the inconvenience to which the Customer would be exposed by another method of compensation shall be taken into account when assessing excessive costs. Repair or replacement costs are borne by Flawless.
b) make a declaration of price reduction or withdrawal from the Sales Agreement, unless Flawless immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects or removes the defect. Flawless may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods to conformity with the Sales Agreement in the manner chosen by the Customer or if, in comparison with the other possible way of bringing the defective Goods into conformity with the Sales Agreement, it would require excessive costs. Repair or replacement costs are borne by Flawless.
4. The Customer who exercises their warranty rights is obligated to deliver the defective item to Flawless. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by Flawless.
5. Flawless shall be liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. A claim for removal of a defect or replacement of the Goods with defect-free ones shall expire within one year, however, this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or make a declaration of price reduction due to a defect in the Goods. If the Customer asked that the Goods be replaced with Goods which are free from defects or asked for removal of defects, the period for withdrawal from the Sales Agreement or submission of a declaration of price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of defects.
§ 7 Complaints
1. Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the address of Flawless.
2. Within 14 days from the date of the request containing the complaint, Flawless shall respond to the complaint about the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer.
3. The Goods subject to the complaint shall be delivered or sent to the following address: Flawless - Al. Rzeczypospolitej 10, lok. 2A.
4. The Customer may submit a complaint to Flawless in connection with the use of services provided free of charge by Flawless through electronic means. A complaint may be submitted in electronic form and sent to the electronic address of Flawless. In order to make a complaint, the Customer may use the complaint form available on the Flawless Store Website. In the complaint, the Customer shall include a description of the problem. Flawless shall immediately, but no later than within 14 days, consider the complaint and respond to the Customer.
§ 8 Out-of-court Complaint Resolution and Investigation Procedures - ODR Platform
1. The Consumer may use the online platform for consumer dispute resolution (ODR platform) 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 (Regulation on consumer ODR).
2. The European ODR platform is intended to facilitate the independent, impartial, transparent, effective, prompt and fair out-of-court online settlement of disputes between consumers and entrepreneurs concerning contractual obligations arising out of online sales or service contracts concluded between consumers resident in the European Union and entrepreneurs established in the European Union.
3. Below is an electronic link to the ODR platform: ec.europa.eu/consumers/odr
4. At the same time, we would like to remind you of the e-mail address of Flawless for contact with customers: firstname.lastname@example.org
5. The use of available out-of-court complaint resolution and claim pursuit procedures is possible after the complaint procedure has been completed and is voluntary - both parties must agree to the procedure. Flawless consents to the use of out-of-court dispute resolution with consumers.
§ 9 Withdrawal from the Sales Agreement and return of benefits
1. A Customer who is a Consumer and who has concluded a Sales Agreement may withdraw from it within 14 days without providing any reason. The period for withdrawal from the Sales Agreement starts from the moment the Customer comes into possession of the Goods.
2. The Customer may withdraw from the Sales Agreement by submitting a statement of withdrawal to Flawless. The statement may be made on a form, the template of which has been placed by Flawless on the Store's Website. In order to meet the deadline, it is sufficient to send a statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
4. If the Customer made a statement of withdrawal from the Sales Agreement before Flawless accepted their offer, the offer shall cease to be binding.
5. Flawless shall immediately, no later than within 14 days from receipt of the Customer's statement of withdrawal from the Sales Agreement, return all payments made by the Customer, including the cost of Delivery of Goods to the Customer. Flawless may withhold the return of payments received from the Customer until the Goods are received back or until the Customer provides proof of return of the Goods, whichever occurs first.
6. If the Customer exercising the right of withdrawal has chosen a method of delivery other than the least expensive standard method of Delivery offered by Flawless, Flawless shall not be obligated to reimburse the Customer for the additional costs incurred.
7. The Consumer shall return the Goods to Flawless or hand them over to a person authorised by Flawless to collect said Goods immediately, but no later than 14 days from the date on which the Consumer withdrew from the Sales Agreement, unless the entrepreneur has offered to collect the Goods. To meet the deadline, it is sufficient to send the goods back before the deadline expires.
8. Returned Goods shall be delivered or sent to Flawless Al. Rzeczypospolitej 10 lok. 2A 02-972 Warsaw.
9. The Customer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding the manner necessary to determine the nature, characteristics and functioning of the Goods.
10. Goods should be returned in their unaltered state, unless changes were necessary within the limits of ordinary management. The return can be done for example:
(a) directly at the Flawless Store on the following days of the week and in the following hours: from Monday to Friday between 11 a.m. and 7 p.m. and on Saturdays between 11 a.m. and 3 p.m.
(b) via Poczta Polska S.A. or a courier company, by sending the Goods to: Flawless, Al. Rzeczypospolitej 10 lok. 2A 02-972 Warsaw.
(c) at the expense of Flawless, by a dedicated courier company.
11. Flawless shall refund payments using the same method of payment used by the Customer, unless the Customer has expressly agreed to another method of refund which does not involve any costs to the Customer.
§ 10 Replacement of goods
1. The basis for replacement shall be proof of purchase in the form of a receipt, invoice or confirmation of payment.
2. Within 14 calendar days from the date of purchase, the customer has the right to have the goods replaced with the same product but of a different size.
3. Replacement is only possible with a complete product, with the original label, without any traces of use.
§ 11 Services
1. Flawless shall provide the following services free of charge to its Customers by electronic means:
a) Customer Account Maintenance;
2. The services specified in section 1 above are provided 24 hours a day, 7 days a week.
3. Flawless reserves the right to choose and change the type, form, time and manner of granting access to the services listed above, of which Flawless shall inform its Customers in a manner appropriate in relation to the amendment of the Regulations.
4. The Customer Account Maintenance service is available after Registration, as described in § 3 of these Regulations.
5. The Newsletter service shall be available to any Customer who during the Registration process activates a relevant field in the registration form and enters his or her e-mail address, using a dedicated form made available by Flawless on the Store's Website and agrees to use the service. After sending the completed dedicated form, the Customer shall receive immediately, by e-mail sent to the address provided in the dedicated form, confirmation of the receipt of the completed form by Flawless, together with redirection to the Store's Website, through which the Customer is obligated to confirm his or her willingness to use the service. In order to start providing the Newsletter service, the Customer must confirm his or her willingness to use the service.
6. The Newsletter service consists in Flawless sending to the appropriate Customers' e-mail addresses electronic messages containing information on new products or services offered by Flawless. The newsletter is sent by Flawless to all customers who have subscribed.
7. Each Newsletter addressed to the Customers contains, in particular:
a) information on the sender;
b) a completed 'subject' field which specifies the contents of the message; and
c) information on the possibility and method of cancelling the free Newsletter service.
8. The Customer may at any time cancel the Newsletter by unsubscribing from the service by sending an e-mail to: email@example.com.
9. A Customer who has completed Registration may independently delete the Customer Account or submit such a request to Flawless, whereas in the event of a request to remove the Customer Account by Flawless, it may be removed within 14 (fourteen) days of the request being submitted.
10. Flawless shall be entitled to block access to the Customer Account and services provided free of charge in the event that the Customer acts to the detriment of Flawless or other Customer, infringes legal regulations or provisions of the Regulations, and also when blocking access to the Customer Account and services provided free of charge is justified for security reasons - in particular: defeating the security features of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer Account and services provided free of charge for the aforementioned reasons lasts for a period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and services provided free of charge. Flawless shall notify the Customer of its intention to block access to the Customer Account and services provided free of charge 3 Business Days in advance by e-mail to the address provided by the Customer in the registration form.
§ 12 Final provisions and amendment of the Regulations
1. Regulations are valid from the date of their publication on the website of the Online Store and replace the previously valid regulations of the Online Store.
2. The contents of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the pages of the Online Store.
3. Regulations are subject to change. All Customers shall be informed of the contents of amendments to Regulations by Flawless placing on the home page of the Online Store a notice of amendments to Regulations containing a list of amendments to the Regulations and by maintaining this information on the home page of the Online Store for at least 10 consecutive business days, while Customers with a Customer Account shall additionally be informed of amendments to Regulations by means of an e-mail sent by Flawless to the address specified in the registration form.
4. Notification of changes to Regulations in the manner specified above shall take place no later than within 7 business days before the introduction of the changed Regulations. If a Customer with a Customer Account does not accept the new contents of the Regulations, they shall be obligated to notify Flawless within 7 days from the date of notification of the amendment to Regulations. Failure to accept shall result in termination of the agreement for the provision of electronic services with the stipulation that parties retain all rights acquired.
5. All orders accepted by the Store for processing before the date of amendment to the Regulations shall be fulfilled on the basis of the Regulations which were in force on the day of placing the order by the Customer.
6. In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. Each Customer may use out-of-court methods of handling complaints and pursuing claims. In this respect, it is possible for the Customer to use mediation. The lists of permanent mediators and existing mediation centres are communicated and made available by the Presidents of the relevant District Courts.
7. The Regulations are effective as of 25.05.2018.