TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, AND DELIVERY TIMES AS WELL AS PRODUCT COLLECTION
6. PRODUCT COMPLAINT (APPLICABLE TO SALES AGREEMENTS CONCLUDED BEFORE DECEMBER 24, 2014)
7. PRODUCT COMPLAINT (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND ACCESS RULES TO THESE PROCEDURES
9. RIGHT OF WITHDRAWAL (APPLICABLE TO SALES AGREEMENTS CONCLUDED BEFORE DECEMBER 24, 2014)
10. RIGHT OF WITHDRAWAL (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
11. PROVISIONS CONCERNING ENTREPRENEURS
12. FINAL PROVISIONS
The Online Store www.33ml.pl cares about consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions do not intend to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall take precedence and apply.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.33ml.pl is operated by MAREK SZADKOWSKI, conducting business under the name GLOBAL-COSMETICS SZADKOWSKI MAREK, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, with:
– Business address: ul. Jaktorowska 41c, 96-300 Żyrardów
– Correspondence address: Global-Cosmetics, P.O. Box No. 2, 96-320 Mszczonów
– Tax Identification Number (NIP): 8381065086
– National Business Registry Number (REGON): 140525926
– Email: biuro@33ml.pl
– Phone number: 600150170.
1.2. These Terms and Conditions apply to both consumers and entrepreneurs using the Online Store (except for section 11 of the Terms and Conditions, which applies exclusively to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Service Provider. Personal data is processed for the purposes, scope, and based on the principles specified in the privacy policy published on the Online Store’s website. Providing personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to access, update, and correct their data.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows for placing an Order, particularly by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, or in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, an individual collection of resources in the Service Provider’s IT system identified by a unique name (login) and password, where the Service Recipient’s data and order history are stored.
1.4.7. NEWSLETTER – an Electronic Service, a distribution service provided by the Service Provider via email, enabling all subscribing Service Recipients to receive periodic editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these Online Store regulations.
1.4.10. ONLINE STORE – the Service Provider’s online store available at: www.33ml.pl.
1.4.11. SELLER; SERVICE PROVIDER – MAREK SZADKOWSKI, conducting business under the name GLOBAL-COSMETICS SZADKOWSKI MAREK, registered in the Central Register and Information on Economic Activity of the Republic of Poland.
1.4.12. SALES AGREEMENT – a product sales contract concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, or in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – a declaration of intent made by the Customer via the Order Form to directly conclude a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – using the Account is possible after completing two steps: (1) filling out the Registration Form and (2) clicking the “Register” button.
2.1.2. Order Form – using the Order Form begins when the Customer adds the first Product to the shopping cart. Placing an Order occurs after the Customer completes the Order Form and clicks “Confirm Purchase.”
2.1.3. Newsletter – subscribing to the Newsletter is possible by entering an email address in the “Newsletter” section and clicking “Subscribe.”
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the following payment methods:
4.1.1. Cash on delivery upon receipt.
4.1.2. Bank transfer to the Seller’s account:
– Bank: Bank Zachodni WBK S.A.
– Account number: 52 1090 1043 0000 0001 1892 1818.
4.1.3. Electronic payments and card payments via Dotpay.pl or PayByNet.pl.
4.2. Payment deadline:
4.2.1. For bank transfers, electronic payments, or card payments, the Customer must make the payment within 7 calendar days of concluding the Sales Agreement.
4.2.2. For cash on delivery, payment is due upon receipt of the shipment.
5. COST, METHODS, AND DELIVERY TIMES AS WELL AS PRODUCT COLLECTION
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is subject to a fee unless otherwise stated in the Sales Agreement. The delivery costs of the Product (including transport, shipping, and postal service fees) are indicated to the Customer on the Online Store’s “Delivery and Costs” page and during the Order placement process, including at the time of expressing the Customer’s intent to conclude the Sales Agreement.
5.3. The Seller offers the following delivery and collection methods for the Product:
5.3.1. Courier shipment, cash-on-delivery courier shipment (including parcel locker delivery).
5.4. The Product delivery time to the Customer is up to 7 Business Days unless a shorter period is specified in the description of a given Product or during Order placement. For Products with different delivery times, the delivery time is the longest specified period, which, however, shall not exceed 7 Business Days. The start of the Product delivery period is counted as follows:
5.4.1. In the case of bank transfer or electronic payment – from the date of crediting the Seller’s bank account or settlement account.
5.4.2. In the case of cash-on-delivery payment – from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
(APPLICABLE TO SALES AGREEMENTS CONCLUDED BEFORE DECEMBER 24, 2014)
6.1. The basis and scope of the Seller’s liability towards the Customer, who is a natural person purchasing the Product for purposes unrelated to professional or business activities, for the non-conformity of the Product with the Sales Agreement are specified by generally applicable laws, in particular the Act of July 27, 2002, on special conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. Detailed information on the Seller’s liability for non-conformity of the Product with the Sales Agreement and the Customer’s rights are specified on the Online Store’s “Product Complaint” page.
6.3. A complaint (including notification of non-conformity of the Product with the Sales Agreement and submission of an appropriate request for bringing the Product into conformity with the Sales Agreement or submitting a statement on price reduction or withdrawal from the Sales Agreement) may be submitted by the Customer, for example:
6.3.1. In writing to the address: Global-Cosmetics, Nowowiejskiego 1A, 96-313 Jaktorów;
6.3.2. Electronically via email to: dot@33ml.pl;
6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of non-conformity occurrence; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the complainant’s contact details – to facilitate and expedite the complaint review by the Seller. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. Failure to respond within this period means that the Seller has recognized the complaint as justified.
6.6. If, for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights arising from the non-conformity of the Product with the Sales Agreement, it is necessary to deliver the Product to the Seller, the Customer will be requested to deliver the Product at the Seller’s expense to the address: Global-Cosmetics, P.O. Box No. 2, 96-320 Mszczonów. However, if due to the nature of the non-conformity, the type of Product, or its method of installation, delivering the Product by the Customer is impossible or excessively burdensome, the Customer is required, after prior arrangement of the date, to make the Product available to the Seller at the location where the Product is situated.
7. PRODUCT COMPLAINT
(APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
7.1. The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified by generally applicable laws, in particular, the Civil Code.
7.2. The Seller is obliged to deliver the Product to the Customer free from defects. Detailed information on the Seller’s liability for Product defects and the Customer’s rights are specified on the Online Store’s “Product Complaint” page.
7.3. A complaint may be submitted by the Customer, for example:
7.3.1. In writing to the address: Global-Cosmetics, Nowowiejskiego 1A, 96-313 Jaktorów;
7.3.2. Electronically via email to: dot@33ml.pl;
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND ACCESS RULES TO THESE PROCEDURES
8.1. Detailed information on the possibilities of using out-of-court complaint handling and claim pursuit methods by a Customer who is a consumer and access rules to these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
9. RIGHT OF WITHDRAWAL
(APPLICABLE TO SALES AGREEMENTS CONCLUDED BEFORE DECEMBER 24, 2014)
9.1. A consumer who has concluded a distance agreement may withdraw from it without stating a reason by submitting an appropriate statement within ten calendar days. To meet this deadline, it is sufficient to send the statement before its expiration. The withdrawal statement may be submitted, for example:
9.1.1. In writing to the address: Global-Cosmetics, Nowowiejskiego 1A, 96-313 Jaktorów;
9.1.2. Electronically via email to: dot@33ml.pl;
9.2. A sample withdrawal form is available on the Online Store’s “Withdrawal” page. The consumer may use the template form, but it is not mandatory.
9.3. The ten-day period during which the consumer may withdraw from the contract is counted from the date of Product delivery for a Sales Agreement, and for an Electronic Service Agreement, from the date of its conclusion.
9.4. In case of withdrawal from the contract, the contract is considered null and void, and the consumer is released from all obligations. Any performance rendered by the parties shall be returned in an unchanged state, unless a change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen calendar days. If the consumer has made any advance payments, statutory interest is due from the date of payment.
9.5. The Seller shall refund the consumer all payments made, including the cost of Product delivery to the Customer, to the bank account number indicated by the consumer unless the consumer specifies another method. The consumer may return the Product to the Seller at the address: ul. Północna 18 lok. 8, 96-320 Mszczonów.
9.6. The right of withdrawal from a distance contract does not apply to the consumer in cases of: (1) services commenced with the consumer’s consent before the expiration of the withdrawal period specified in sections 9.1 and 9.3; (2) audio and visual recordings as well as computer software recorded on IT data carriers once the original packaging has been removed by the consumer; (3) contracts for services where the price or remuneration depends solely on fluctuations in the financial market; (4) goods made to the consumer’s specifications or clearly personalized; (5) perishable goods or items that deteriorate quickly; (6) the supply of newspapers, periodicals, or magazines; (7) gambling services.
10. RIGHT OF WITHDRAWAL
(APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
10.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for costs specified in section 10.8 of these Terms and Conditions. To meet the deadline, it is sufficient to send a withdrawal statement before its expiration. The withdrawal statement may be submitted, for example:
10.1.1. In writing to the address: Global-Cosmetics, Nowowiejskiego 1A, 96-313 Jaktorów;
10.1.2. Electronically via email to: dot@33ml.pl;
10.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available on the Online Store’s “Withdrawal” page. The consumer may use the template form, but it is not mandatory.
10.3. The withdrawal period starts:
10.3.1. For a contract under which the Seller delivers a Product and is obligated to transfer its ownership (e.g., Sales Agreement) – from the moment the consumer or a third party other than the carrier designated by the consumer takes possession of the Product. In the case of a contract that: (1) involves multiple Products delivered separately, in parts, or in installments – from taking possession of the last Product, part, or installment; or (2) entails regular delivery of Products over a specified period – from taking possession of the first Product.
10.3.2. For other contracts – from the date of contract conclusion.
10.4. In case of withdrawal from a distance contract, the contract is considered null and void.
10.5. The Seller must immediately, no later than 14 calendar days from the date of receiving the consumer’s withdrawal statement, refund all payments made by the consumer, including the cost of Product delivery (except for additional costs resulting from the consumer choosing a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payments using the same payment method used by the consumer, unless the consumer explicitly agrees to another refund method that does not involve any costs. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund until they receive the Product back or the consumer provides proof of its return, whichever occurs first.
10.6. The consumer must immediately, no later than 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product. The deadline is met if the Product is sent back before the deadline expires. The consumer may return the Product to the address: Global-Cosmetics, P.O. Box No. 2, 96-320 Mszczonów.
10.7. The consumer is liable for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
10.8. Possible costs associated with the consumer’s withdrawal from the contract that must be borne by the consumer:
10.8.1. If the consumer chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to refund the additional costs incurred by the consumer.
10.8.2. The consumer bears the direct costs of returning the Product.
10.9. The right of withdrawal from a distance contract does not apply to the consumer for contracts:
10.9.1. (1) for services if the Seller has fully performed the service with the consumer’s explicit consent, who was informed before the service commenced that after its completion, they would lose the right of withdrawal; (2) where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal deadline; (3) where the subject of the service is a non-prefabricated Product made according to the consumer’s specifications or serving their individualized needs; (4) where the subject of the service is a Product that is perishable or has a short shelf life; (5) where the subject of the service is a Product delivered in sealed packaging that, once opened, cannot be returned due to health protection or hygiene reasons if the packaging was opened after delivery; (6) where the subject of the service is Products that, after delivery, due to their nature, are inseparably connected with other items; (7) for the supply of alcoholic beverages whose price was agreed upon at the time of concluding the Sales Agreement, but their delivery can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller’s control; (8) where the consumer explicitly requested the Seller to come to their location for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the right of withdrawal applies to those additional services or Products; (9) for the supply of audio or visual recordings or computer software delivered in sealed packaging if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription agreements; (11) concluded at a public auction; (12) for accommodation services other than for residential purposes, transportation of goods, car rental, catering, or leisure, entertainment, sports, or cultural events if the contract specifies the date or period of service provision; (13) for the supply of digital content not provided on a tangible medium if the service began with the consumer’s explicit consent before the withdrawal period expired and after informing them of the loss of the right of withdrawal.
14. Products labeled as PERFUMY PREMIUM, which are produced exclusively to order, are not subject to the 14-day return policy without providing a reason. These products are sold in bottles with a removable atomizer, allowing the buyer to interfere with the contents. Such a product is not suitable for resale by our company due to the likelihood of tampering with the bottle’s contents (perfume).
11. PROVISIONS CONCERNING ENTREPRENEURS
11.1. This section of the Terms and Conditions and the provisions contained therein apply exclusively to Customers and Service Recipients who are not consumers.
11.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims by the non-consumer Customer against the Seller.
11.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
11.4. Upon the Seller’s release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the non-consumer Customer. The Seller is not liable for loss, shortage, or damage to the Product arising from the time it is accepted for transport until it is delivered to the Customer, nor for any delays in shipment.
11.5. If the Product is shipped to the Customer via a carrier, the non-consumer Customer is obligated to examine the shipment in the manner customary for shipments of this type. If any loss or damage to the Product occurs during transport, the Customer is required to undertake all necessary actions to establish the carrier’s liability.
11.6. In the case of Service Recipients who are not consumers, the Service Provider may terminate the Electronic Service Agreement with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
11.7. Any disputes arising between the Seller/Service Provider and a non-consumer Customer/Service Recipient shall be submitted to the court competent for the Seller’s/Service Provider’s registered office.
12. FINAL PROVISIONS
12.1. Contracts concluded via the Online Store are concluded in Polish.
12.2. Amendments to the Terms and Conditions:
12.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in legal provisions – to the extent that these changes affect the implementation of these Terms and Conditions.
12.2.2. If contracts of a continuous nature (e.g., provision of the Electronic Service – Account) are concluded based on these Terms and Conditions, the amended Terms and Conditions shall bind the Service Recipient if the requirements specified in Articles 384 and 384Array of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the notification date. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, a Service Recipient who is a consumer has the right to withdraw from the agreement.
12.2.3. If contracts of a non-continuous nature (e.g., Sales Agreement) are concluded based on these Terms and Conditions, amendments to the Terms and Conditions shall not in any way infringe the acquired rights of Service Recipients/Customers who are consumers before the amendments take effect. In particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted, as well as concluded, executed, or performed Sales Agreements.
12.3. Matters not regulated in these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded before December 24, 2014, with Customers who are consumers – the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Hazardous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended), and the Act on Specific Terms and Conditions of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014, with Customers who are consumers – the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.