Online Store Terms and Conditions

§ 1

Preliminary Provisions

  1. The online store kosmetyk.fr, available at the Internet address www.kosmetyk.fr, is operated by Skiera Cosmetics BV, based in The Hague, registered in the Dutch Business Register under VAT number NL859198819B01, KVK 72689331.
  2. These Terms and Conditions are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with a Consumer via the Store.

§ 2

Definitions

  • Seller – a natural person conducting business under the name Skiera Cosmetics BV, VAT NL859198819B01, with its registered office in The Hague, Koperwerf 27, 2544EM, KVK 72689331.
  • Client – any entity making purchases via the Store.
  • Entrepreneur – a natural or legal person or an organizational unit without legal personality, granted legal capacity by separate law, conducting business on its own behalf and using the Store.
  • Store – the online store operated by the Seller at www.kosmetyk.fr.
  • Distance Agreement – an agreement concluded with the Client within an organized distance contracting system (the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication.
  • Terms and Conditions – this document.
  • Order – the Client’s declaration of intent made via the Order Form, directly aimed at concluding a Sales Agreement for one or more Products with the Seller.
  • Account – the Client’s account in the Store, containing personal data and order history.
  • Registration Form – a form available in the Store enabling Account creation.
  • Order Form – an interactive form used to place an Order, especially by adding Products to the Cart and defining delivery and payment details.
  • Cart – a software element in the Store where selected Products are visible and order details (quantity, etc.) can be modified.
  • Product – a movable item or service offered in the Store being the subject of the Sales Agreement.
  • Sales Agreement – an agreement for the sale of a Product concluded or executed between the Client and the Seller via the online Store; depending on the nature of the Product, it may also refer to a service contract or contract for specific work.

§ 3

Contact with the Store

  1. Seller’s address: Koperwerf 27, 2544EM The Hague
  2. Seller’s e-mail: [email protected]
  3. Seller’s phone number: +31 6 24923140
  4. Bank account number: SWIFT INGBNL2A, IBAN NL41INGB0113662718
  5. The Client may contact the Seller using the above addresses and phone numbers.
  6. Telephone contact is available between 08:00 and 15:00.

§ 4

Technical Requirements

To use the Store, including browsing the assortment and placing orders, the following are required:

  1. A device with Internet access and a web browser,
  2. An active e-mail account,
  3. Cookies enabled,
  4. FlashPlayer installed.

§ 5

General Information

  1. The Seller shall not be liable, to the fullest extent permitted by law, for interruptions caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store with the Client’s technical infrastructure.
  2. Browsing the Store’s assortment does not require an Account. Orders can be placed either after Account registration (§6) or by providing the necessary personal and address data without registration.
  3. Prices in the Store are given in euros (EUR) and are gross prices (including VAT).
  4. The total price payable by the Client consists of the Product price and the delivery cost, both shown before placing the Order.
  5. For subscriptions or continuous service agreements, the total price includes all payments for the billing period.
  6. If, by the nature of the Product, it is not possible to calculate the total price in advance, information on the method of calculation and possible transport, delivery, postal, or other costs will be provided in the Product description.

§ 6

Creating an Account

  1. To create an Account in the Store, the Registration Form must be completed.
  2. Account creation is free of charge.
  3. Logging in requires the login and password established during registration.
  4. The Client may delete their Account at any time without giving a reason or incurring fees, by sending a request to the Seller via e-mail or postal address specified in §3.

§ 7

Placing Orders

To place an Order:

  1. Log in to the Store (optional);
  2. Select a Product and click “Add to Cart”;
  3. Log in or choose to order without registration;
  4. Fill in the Order Form with delivery and billing details;
  5. Click “Order and Pay” and confirm the order via the link sent to your e-mail;
  6. Choose one of the available payment methods and complete payment within the specified time (§8.3).

§ 8

Delivery and Payment Methods

  1. Delivery methods:
    • Courier shipment
  2. Payment methods:
    • Electronic payments, including:
      • iDEAL
      • PayPal
      • Bancontact
      • Przelewy24
      • Credit or debit card
      • Bank transfer
  3. Detailed information about delivery and payment methods is available on the Store’s website.

§ 9

Execution of the Sales Agreement

  1. The Sales Agreement is concluded when the Client submits an Order via the Order Form, in accordance with §7.
  2. After the Order is submitted, the Seller immediately confirms receipt and accepts it for processing by sending an e-mail to the Client confirming both receipt and acceptance of the Order. Upon receipt of this e-mail, the Sales Agreement is deemed concluded.
  3. The Product will be shipped within the time specified in its description.
  4. For Orders containing multiple Products with different delivery dates, the longest delivery date applies, unless the Client requests partial delivery.
  5. Delivery time starts:
    1. for bank transfers – from the date the Seller’s account is credited;
    2. for iDEAL payments – from the completion of Order preparation.
  6. Delivery is available within the Netherlands and Belgium.
  7. Delivery is chargeable unless stated otherwise. Delivery costs (including transport, shipping, postal services) are shown to the Client before placing the Order.

§ 10

Right of Withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving a reason.
  2. The withdrawal period begins on the day the Product is received by the Consumer or a third party designated by the Consumer.
  3. For multiple Products delivered separately or in parts, the period begins upon receipt of the last item or part.
  4. For agreements involving regular delivery (subscriptions), the period begins on receipt of the first item.
  5. Withdrawal may be made by sending a declaration to the Seller.
  6. The declaration may be sent electronically to the Seller’s e-mail address.
  7. Upon receipt of the declaration, the Seller confirms it to the Client by e-mail.

Effects of withdrawal:

  1. Upon withdrawal, the Agreement is deemed void.
  2. The Seller shall refund the Consumer within 14 days from receipt of the withdrawal notice, excluding delivery costs.
  3. Refunds are made via bank transfer.
  4. The Seller may withhold the refund until the Product is returned.
  5. The Consumer must return the Product within 14 days of withdrawal notification to the address specified in §3.

No right of withdrawal applies to:

  • custom-made goods;
  • sealed goods opened after delivery for health or hygiene reasons;
  • perishable goods;
  • services fully performed with prior consent and acknowledgment of waiver of withdrawal right;
  • goods or services subject to market fluctuations beyond the Seller’s control;
  • goods inseparably mixed with other items after delivery.

§ 11

Complaints and Warranty

  1. The Sales Agreement covers new Products only.
  2. The Seller must deliver defect-free goods.
  3. The Client has the right to file a complaint in case of defects.
  4. Complaints may be submitted in writing or by e-mail to the addresses in §3.
  5. The complaint should include a brief description of the defect, circumstances, Client data, and the Client’s request.
  6. The Seller will respond within 14 days. Failure to do so means the complaint is considered justified.
  7. Products returned under the complaint procedure should be sent to the Seller’s address in §3.

§ 12

Out-of-Court Complaint and Redress Procedures

Detailed information about consumer dispute resolution and mediation procedures is available at consumer protection offices and online on relevant consumer organization websites.

§ 13

Personal Data

  1. The Seller is the controller of personal data collected via the Store.
  2. Personal data is processed for Order execution and, with consent, for marketing purposes.
  3. Recipients of data may include:
    1. couriers or shipping intermediaries for delivery;
    2. electronic payment providers.
  4. The Client has the right to access and correct their personal data.
  5. Providing personal data is voluntary but necessary to conclude a Sales Agreement.

§ 14

Final Provisions

  1. Agreements concluded through the Store are made in Polish.
  2. The Seller reserves the right to amend these Terms for valid reasons (changes in law, payment or delivery methods), notifying Clients at least 7 days in advance.
  3. In matters not covered herein, the applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
  4. The Client has the right to use out-of-court complaint and redress mechanisms via the EU Online Dispute Resolution (ODR) platform:
    http://ec.europa.eu/consumers/odr/.