TERMS AND CONDITIONS OF USE OF THE SPASUNGATE BEAUTY & SPA ONLINE SHOP

 

GENERAL PROVISIONS

 

 

1.1. The Regulations set out the rights and obligations of persons, i.e. consumers and non-consumers, using the www.spasungate.pl shop, subject to the provisions of para. 11, which applies only to non-consumers.

1.2.  The processing of personal data is carried out in accordance with the principles set out in the Privacy Policy.

1.3. Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - an interactive form enabling the creation of an ACCOUNT.

1.4.3. ORDER FORM - an interactive form enabling the submission of an ORDER and determination of the terms and conditions of the SALE AGREEMENT, including the method of delivery and payment.

1.4.4 CUSTOMER, SERVICER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law.

1.4.5. CIVIL CODE - Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.7 ELECTRONIC CART - a collection of resources in the Service Provider's ICT system, marked with an individual e-mail address provided by the CUSTOMER, in which the data provided by the CUSTOMER and information on placed ORDERS are collected.

1.4.8. NEWSLETTER - a service provided electronically consisting in the distribution to e-mail addresses of cyclical content of successive editions of information material containing information on PRODUCTS, news and promotions in the www.yozen.pl shop.

1.4.9. PRODUCT - a voucher or cosmetic product which is the subject of a SALE AGREEMENT.

1.4.10. REGULATIONS - this document.

1.4.11. SHOP - online shop available at www.spasungate.pl.

1.4.12. SELLER; SERVICE PROVIDER - Maciej Klepacki conducting business activity under the name SUNGATE BEAUTY & SPA with registered office in Warsaw, Plac Powstańców Warszawy 2A, 00-030 Warsaw, NIP 9591614105, e-mail address: info@spasungate.pl.

1.4.13. SALE AGREEMENT - an agreement for the sale of a PRODUCT.

1.4.14. ELECTRONIC SERVICE - a service provided electronically by the SERVICE PROVIDER.

1.4.15. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER - a declaration of will made by means of the ORDER FORM and aiming directly at the conclusion of a SALE AGREEMENT.

 

2. ELECTRONIC SERVICES

 

2.1. The Service Provider provides the following ELECTRONIC SERVICES:

2.1.1. ELECTRONIC CART - the commencement of the use of the ELECTRONIC SERVICE takes place after the selection of the PRODUCT and the quantity of the PRODUCTS.

2.1.2 ORDER FORM - the commencement of the use of the ELECTRONIC SERVICE follows two consecutive steps:

(1) completion of the Order Form,

(2) clicking the box "I BUY AND PAY"

- Up to this point, it is possible to modify the data entered yourself (follow the messages displayed and the information available on the website).

In order to use the ORDER FORM, it is necessary to provide the following personal/non-personal data:

• name/company name,
• address (street, house/flat number, postal code, town, country),
• e-mail address,
• contact telephone number

and data relating to the SALE AGREEMENT:

• PRODUCT(S),
• quantity of product(s),
• place and method of delivery of the PRODUCT(s),
• form of payment.

For non-consumers, it is necessary to enter the company name and VAT number in the Company name field.

The ELECTRONIC SERVICE shall be provided free of charge and shall be of a one-time nature and shall terminate either when the ORDER is submitted or when the submission of the ORDER is discontinued earlier.

2.2. NEWSLETTER - the commencement of the use of the ELECTRONIC SERVICE follows two consecutive steps:

(1) entering under "Newsletter" the e-mail address to which future editions of the Newsletter are to be sent,

(2) clicking the box , "Sign up"..

The ELECTRONIC SERVICE is provided free of charge for an unlimited period of time. The USER may cancel the ELECTRONIC SERVICE at any time and without giving any reason, by sending a request to the SERVICE PROVIDER, in particular via e-mail to: info@spasungate.pl or in writing to the address: Plac Powstańców Warszawy 2A, 00-030 Warszawa

2.4. Complaint procedure:

2.4.1. Complaints related to the provision of ELECTRONIC SERVICES and other complaints related to the operation of the STORE (excluding the Product complaint procedure, which is indicated in point. 7) may be submitted:

2.4.1.1. in writing to the following address: Plac Powstańców Warszawy 2A, 00-030 Warsaw

2.4.1.2. in electronic form via e-mail to: info@spasungate.pl.

2.4.3. It is recommended that the Service Recipient should state in the description of the complaint:

(1) information and circumstances relating to the subject of the complaint, in particular the nature and date of the irregularity,

(2) the SERVICER's requests, and

(3) contact details of the complainant

- This will facilitate and expedite the processing of the complaint by the SERVICE Provider. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.

2.4.4 The SERVICE Provider shall respond to the complaint without delay, but not later than within 14 calendar days from the date of submission.

2.5. The USER shall use the ELECTRONIC SERVICE in a lawful manner and in accordance with good practices with respect to personal rights, copyrights and intellectual property of the SERVICE Provider and of third parties. The USER is obliged to enter data in accordance with the actual state of affairs. The USER is prohibited from providing unlawful content.

 

3. SALES CONTRACT

 

3.1 The conclusion of the SALE AGREEMENT shall take place between the CUSTOMER and the SELLER upon the CUSTOMER's receipt of the e-mail message referred to in point 3.3, after the ORDER has been submitted by means of the ORDER FORM.

3.2. The price of the PRODUCT is given in Polish zloty and includes all legally required taxes. The CUSTOMER shall be informed during the placing of the ORDER, including at the moment of expressing the declaration of will to conclude the SALE CONTRACT:

(1) the total price of the PRODUCT including taxes, and

(2) delivery costs (including transport, delivery and postal charges), and

(3) other costs and, where the amount of such fees cannot be determined, the obligation to pay them.

3.3. Upon the submission of an ORDER, the SELLER shall immediately acknowledge its receipt and simultaneously accept the ORDER for processing. Acknowledgement of the receipt of an ORDER and its acceptance for processing shall be made by the SELLER sending a relevant e-mail message to the e-mail address provided during the submission of the ORDER. The information referred to in the preceding sentence shall contain at least:

(1) a statement by the SELLER that the ORDER has been received and that it has been accepted for processing, and

(2) confirmation of the conclusion of the SALE AGREEMENT.

3.4. The content of the concluded SALE AGREEMENT shall be recorded, secured and made available to the CUSTOMER by means of:

(1) to make the Rules of Procedure available, and

(2) sending the CUSTOMER the e-mail message referred to in clause. 3.3.

3.5. The content of the SALE AGREEMENT is further recorded and secured in the SELLER's computer system.

 

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

 

4.1. The seller provides the following payment methods:

(1) through the PayU System - by debit or credit card, online or traditional transfer, and through electronic wallets, and

(2) by cash, debit or credit card at SUNGATE BEAUTY & SPA Salon in case of personal collection.

4.2 If the CUSTOMER chooses to pay by cash, debit or credit card at SUNGATE BEAUTY & SPA Salon (in the case of personal collection), the CUSTOMER is obliged to make payment within 7 calendar days of the conclusion of the SALES AGREEMENT.

4.3 In the case of using the PayU system, the terms and conditions of PayU, available on the website, shall apply:

https://static.payu.com/sites/terms/files/payu_terms_of_service_single_transaction_pl_pl.pdf

5. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

 

5.1. Delivery of the PRODUCT is only possible in the territory of the Republic of Poland.

5.2. The delivery of the PRODUCT shall be subject to payment, unless otherwise specified in the SALE CONTRACT. The costs of delivery of the PRODUCT, including transport, delivery and postal fees, shall be indicated to the CUSTOMER in the content of the confirmation of the ORDER and at the moment when the CUSTOMER expresses his/her will to conclude the SALE CONTRACT.

5.3. The SELLER provides the following methods of delivery of the Product:

(1) courier delivery,

(2) personal collection at SUNGATE BEAUTY & SPA Salon ,

(3) Sending an electronic voucher to the e-mail address specified in the order.

5.4. The delivery deadline for a PRODUCT shall be up to 3 BUSINESS DAYS, unless a shorter deadline is specified in the description of the PRODUCT or when placing an ORDER. In the case of PRODUCTS with different delivery dates, the delivery date shall be the longest date given, which shall not, however, exceed 3 BUSINESS DAYS.

5.5. If the CUSTOMER chooses the method of payment by bank transfer, electronic payment or payment card, the time limit for delivery of the PRODUCT shall be calculated from the date of crediting the SELLER's bank account or settlement account.

 

7. PRODUCT COMPLAINT

 

7.1. The SELLER shall be obliged to deliver to the CUSTOMER the PRODUCT in accordance with the CONTRACT OF SALE (without defects). In the event of non-compliance of the delivered PRODUCT with the SALE AGREEMENT, and in particular in the case of:

(1) manufacturing defects,

(2) mechanical damage incurred during delivery,

(3) incompatibility of the PRODUCT with the PRODUCT contained in the ORDER,

The CUSTOMER may lodge a complaint.

7.2.. Detailed information concerning the SELLER's liability for defects of the PRODUCT and the CUSTOMER's rights is specified in the tab "Complaint".

7.3. Complaints can be made in the form of:

7.3.1. in writing to the following address: Plac Powstańców Warszawy 2A, 00-030 Warsaw

7.3.2. electronically by e-mail to: info@spasungate.pl,

7.4. It is recommended that the CUSTOMER specifies in the description of the complaint:

(1) information and circumstances concerning the subject matter of the complaint,

(2) request a method to bring the PRODUCT into conformity with the SALE AGREEMENT or a statement of price reduction or withdrawal from the SALE AGREEMENT, and

(3) contact details of the complainant

- This will facilitate and expedite the processing of the complaint by the SERVICE Provider. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.

7.5. The SELLER shall respond to the complaint of the CUSTOMER immediately, no later than within 14 calendar days from the date of its submission. Failure by the SELLER to respond within the aforementioned period shall mean that the SELLER has acknowledged the complaint as justified.

7.6. If the complaint is accepted, the defective PRODUCT shall, at the choice of the CUSTOMER, be repaired free of charge or replaced with a new one, unless the repair or replacement is impossible or requires excessive costs. If the CUSTOMER, for the reasons described in the preceding sentence, cannot demand repair or replacement of the PRODUCT, or if the SELLER fails to satisfy such a demand within a reasonable time or if the repair or replacement would expose the CUSTOMER to significant inconvenience, the CUSTOMER shall have the right to demand an appropriate reduction in the price or to withdraw from the contract. If the CUSTOMER withdraws from the contract, the SELLER shall refund to the CUSTOMER the equivalent of the price of the PRODUCT; however, the CUSTOMER may not withdraw from the contract if the non-compliance of the PRODUCT with the contract is insignificant. When determining the appropriate time for repair or replacement, the type of goods and the purpose of their acquisition shall be taken into account.

7.7. The request for delivery of the PRODUCT shall not affect the time limit for the SELLER to respond to the complaint referred to in clause 7.5. 7.5. and shall not affect the right of the CUSTOMER to demand from the SELLER to dismantle the defective PRODUCT and to reinstall the PRODUCT after its replacement with a defect-free PRODUCT or removal of the defect referred to in Article 561[1] of the Civil Code.

 

8. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND ACCESS TO THEM

 

8.1. Detailed information concerning the possibility for the CUSTOMER, who is a consumer, to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Commercial Inspection Inspectorates and at the following website addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/spory_konsumenckie.php; https://www.uokik.gov.pl/sprawy_indywidualne.php and https://www.uokik.gov.pl/wazne_adresy.php.

8.2. A CUSTOMER who is a consumer has the following examples of out-of-court complaint and redress procedures:

8.2.1. The CUSTOMER is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The Rules of Procedure for the organisation and operation of permanent amicable consumer courts are defined in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Procedure for the organisation and operation of permanent amicable consumer courts. (Dz.U. 2001, No. 113, item 1214).

8.2.2 The CUSTOMER is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of Trade Inspection.

8.2.3. The CUSTOMER may obtain free-of-charge assistance concerning the settlement of a dispute between the CUSTOMER and the SELLER, using also the free-of-charge assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the following e-mail address porady@dlakonsumentow.pl.

 

10. RIGHT OF WITHDRAWAL

 

10.1. A CUSTOMER who is a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating any reason and without incurring any costs, with the exception of the costs set out in clause. 10.8.. Sending the declaration before the deadline is sufficient to meet the deadline. The declaration of withdrawal may be made, for example, in the form:

10.1.1. in writing to the following address: Plac Powstańców Warszawy 2A, 00-030 Warsaw

10.1.2. electronically by e-mail to: info@spasungate.pl.

10.2.  A sample withdrawal form is enclosed in Appendix 2 to the CONSUMER RIGHTS ACT and is additionally available in the tab "Withdrawal from the contract". The CONSUMER may use the model form, but this is not obligatory.

10.3. The period for withdrawal from the SALE AGREEMENT shall begin:

10.3.1. for a contract in the performance of which the SELLER issues the PRODUCT being obliged to transfer its ownership (Contract of Sale) - from taking possession of the PRODUCT by the consumer or a third party indicated by him/her other than the carrier,

10.3.2. for other contracts - from the date of conclusion of the SALE AGREEMENT.

10.4. In the event of withdrawal from a contract concluded at a distance, the SALE AGREEMENT shall be deemed not to have been concluded and the CUSTOMER shall be released from all obligations. What the parties have rendered shall be returned unchanged, unless the change was necessary within the limits of ordinary management, subject to the provisions of clauses 10.5 and 10.7.

10.5 The SELLER shall immediately, no later than within 14 calendar days from the date of receipt of the declaration of withdrawal from the contract by the CUSTOMER being a consumer, return to the CUSTOMER being a consumer all payments made by the CUSTOMER, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the CUSTOMER other than the cheapest ordinary delivery method available at the SHOP). The SELLER shall reimburse the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the consumer. Unless the SELLER has offered to collect the PRODUCT from the consumer itself, the SELLER may withhold reimbursement of the payment received from the consumer until it has received the PRODUCT back or the consumer has provided proof of return, whichever event occurs first.

10.6. The consumer must return the PRODUCT to the SELLER immediately, no later than within 14 calendar days from the date of withdrawal from the contract, or hand it over to the person authorised by the SELLER to collect it, unless the SELLER has offered to collect the PRODUCT itself. To comply with the time limit, it shall be sufficient to return the PRODUCT before its expiry. The consumer may return the PRODUCT to the address: Plac Powstańców Warszawy 2A, 00-030 Warsaw .

10.7. The returned PRODUCT should be unused and complete. If the PRODUCT is damaged as a result of improper use or defective packaging, the Seller reserves the right - in the case of returning such a PRODUCT - to claim an appropriate reduction in the price of the PRODUCT, refundable to the CUSTOMER. In order to avoid claiming an appropriate reduction in the price of the PRODUCT referred to in the preceding sentence, the CUSTOMER is advised not to use the PRODUCT in the typical manner of its owner and to refrain from any action which affects its value in any way.

10.8. Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

10.8.1 If the consumer has chosen a method of delivery of the PRODUCT other than the cheapest ordinary means of delivery available from the STORE, the SELLER shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

10.8.2. direct costs of returning the PRODUCT.

 

11. PROVISIONS CONCERNING TRADERS

 

11.1. The provisions of para. 11 apply exclusively to CUSTOMERS and SERVICE CUSTOMERS who are not consumers.

11.2. The SELLER shall have the right to withdraw from the CONTRACT OF SALE concluded with a CUSTOMER who is not a consumer within 14 calendar days from the date of its conclusion. In this case, the withdrawal from the CONTRACT OF SALE may take place without giving any reason and shall not give rise to any claims on the part of the CUSTOMER who is not a consumer against the SELLER.

11.3. For CUSTOMERS who are not consumers, the SELLER shall have the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the method of payment chosen by the Customer and the fact of concluding the SALE CONTRACT.

11.4. From the moment the SELLER delivers the PRODUCT to the carrier, the benefits and burdens related to the PRODUCT and the risk of accidental loss of or damage to the PRODUCT are transferred to the CUSTOMER who is not a consumer. In such an event, the SELLER shall not be liable for any loss, loss or damage to the PRODUCT occurring from its acceptance for carriage until its delivery to the CUSTOMER and for any delay in the carriage of the consignment.

11.5. If the PRODUCT is sent to the CUSTOMER via a carrier, the Customer who is not a consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type, if he finds that during transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.

11.6. In case of USERS who are not consumers, the SERVICE PROVIDER may terminate the contract for the provision of the ELECTRONIC SERVICE with immediate effect and without giving reasons by sending a statement to that effect to the USER.

11.7. The SERVICE PROVIDER's liability towards the SERVICER / CUSTOMER not being a consumer, irrespective of its legal grounds, shall be limited - both as a single claim and for all claims in total - to the amount of the price paid and the costs of delivery under the SALE AGREEMENT, but not more than one thousand zlotys. The SERVICE PROVIDER/CONSUMER shall only be liable towards the SERVICER/non-consumer CUSTOMER for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the SERVICER/non-consumer CUSTOMER.

11.8. All disputes arising between the SELLER/SERVICE and the Customer/ Customer who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the SELLER/SERVICE.

 

12. FINAL PROVISIONS

 

12.1. Contracts are concluded in Polish.

12.2. Amendment of the Rules of Procedure:

12.2.1 The SERVICE PROVIDER reserves the right to amend the REGULATIONS for valid reasons:

(1) changes in legislation;

(2) changes in payment and delivery methods - to the extent that these changes affect the implementation of the REGULATIONS.

12.3. In matters not covered by the REGULATIONS, generally applicable provisions of Polish law shall apply, in particular:

(1) of the Civil Code;

(2) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended);

(3) for Sales Agreements concluded with Customers who are consumers, the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended),

and

(4) other relevant provisions of generally applicable law.