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

The Sales Agreement between the Customer and the Seller is concluded once the Customer places an Order using the Order Form on the online Store, in accordance with § 7 of the Regulations.

  1. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the Order and its acceptance for processing is sent to the Customer via email to the address provided when placing the Order. Upon receipt of this email, the Sales Agreement is considered concluded.
  2. The Product will be dispatched by the Seller within the timeframe indicated in its description (subject to section 5 of this paragraph).
  3. In the case of an Order containing Products with different delivery times, the delivery time shall be the longest of those specified. The Customer may request partial shipments or a single shipment after the entire Order is completed.
  4. The delivery time begins:
    1. for bank transfer payments – on the day the Seller’s bank account is credited,
    2. for electronic payments – on the day the Order preparation is completed.
  5. In the case of an Order containing Products with different availability dates for collection, the availability date is the longest of those specified.
  6. In such cases, the Customer may collect Products in parts (as they become available) or collect the entire Order at once once all Products are ready.
  7. The time from which the Product is ready for collection is calculated as follows:
    1. for bank transfer, electronic or card payments – from the day the Seller’s bank account is credited,
    2. for cash on collection – from the day the Sales Agreement is concluded.
  8. Delivery of Products is carried out within the Netherlands and Belgium, unless the Store explicitly informs about the possibility of delivery to other countries.
  9. Delivery of Products to the Customer is subject to a fee unless the Sales Agreement states otherwise. Delivery costs are indicated in the "Delivery Costs" section and during the Order placement process.

Product Unavailability and Return of Shipment to the Seller

  1. The Store makes every effort to ensure that stock levels displayed on the website are accurate. If, after placing an Order, it becomes apparent that a Product is unavailable, the Seller will promptly notify the Customer by email.
  2. In the event of Product unavailability, the Seller will automatically refund the cost of the unavailable Product within no later than 7 days of notifying the Customer. The rest of the Order will be processed if it contains other available Products.
  3. If the shipment is returned to the Seller due to:
    1. failure by the Customer to collect it within the required timeframe,
    2. providing an incorrect or incomplete delivery address,
    3. refusal to accept the parcel without prior notification of a return –
      the shipment is considered returned due to the Customer’s fault.
  4. In the case of a return caused by the Customer, the Seller will refund the Customer only for the returned Products, excluding the delivery costs, which were incurred in fulfilling the Order.
  5. If the shipment is returned to the Seller for any reason, the Seller will automatically refund the cost of the returned Products within 7 working days of receiving the return at the warehouse.
  6. The Customer may request the reshipment of the returned parcel; however, this requires:
    1. repayment of the delivery costs,
    2. providing a correct and complete delivery address.

§ 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/.