RULES AND REGULATIONS OF THE ONLINE STORE
These rules and regulations define the principles of making purchases from the online store run by the Seller at https://www.miyomakeup.com/.
The Seller is Pierre Rene sp. z o.o. with its registered office in Ustka, ul. Ogrodowa 7, entered in the register of entrepreneurs kept by the District Court Gdańsk – Północ in Gdańsk, VIII Commercial Division under the following KRS number 000066419, NIP (Tax Identity Number) 839-27-87-943, REGON (State Statistical Number) 771515740, shared capital paid in full: PLN 1,350,000,
represented by the President of the Management Board Wojciech de Lubicz Szeliski,
hereinafter also interchangeably called „Service Provider“.
The Service Provider can be contacted:
- at Consumer Hotline (Hotline) numbers: +48 59 814 66 65, the connection charge will be no higher than the charge for regular telephone calls with the tariff package of the service provider used by the Consumer,
- by using the following e-mail address: [email protected].
§ 1 Definitions
- Rules and Regulations – these rules and regulations. Regarding electronically supplied rules and regulations, the Rules and Regulations are rules and regulations which are referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204 as amended).
- Client – a natural person, a legal entity or an organizational unit with no legal personality, but having legal capacity, which, in accordance with principles specified in these rules and regulations places an Order at the Online Store.
- Consumer – a Client which is a natural person concluding an act of law with an entrepreneur which is not directly related to their business or professional activity.
- Service Provider – an entity providing sales services through the Online Store in line with principles defined in these Rules and Regulations and in other applicable regulations.
- Subject of the transaction - Goods listed and described at the Online Store website.
- Goods – a mobile item presented at the Online Store which the Sales Agreement applies to.
- Additional service – a service provided by the Service Provided to the Client outside the Online Store in relation to the nature of the Goods sold.
- Sales Agreement – a sales agreement for the sale of Goods within the meaning of the Civil Code concluded between the Service Provider and the Client using the website of the Store.
- Online Store (Store) – a website available at https://www.miyomakeup.com/ through which the Client can place an Order.
- Order – the Client's declaration of will which unambiguously specifies the type and quantity of Goods aimed directly at concluding a Sales Agreement.
- Computerized system - a set of cooperating IT devices and software, which ensures the processing and storage as well as the sending and receiving of data through IT networks using the end device appropriate for a given type of a network of the terminal device.
§ 2 General provisions
- These Rules and Regulations specify the principles of using the online store available at https://www.miyomakeup.com/.
- A condition for placing an Order at the Online Store by the Client is reading these Rules and Regulations and accepting their provisions during the lead time.
- The Pierre René online store conducts retail sale through the Internet.
- All Goods offered at the Pierre René online store are brand new, in original packaging, free from physical and legal defects and have been legally marketed on the Polish market.
- As regards technical requirements for cooperation with the computerized system which is used by the Service Provider, to purchase goods, the Client should have an active e-mail account and a device connected to the Internet which meets the following minimum technical requirements:
a) online browser: Internet Explorer 8, Google Chrome 17, Mozilla Firefox 8.0, Opera 11, Safari 7 or a later version of the browsers listed above, supporting CSS and Java Scripts with enabled cookies and acceptance of pop-up windows.
b) minimum screen resolution 1280 x 800 pixels or higher and 32-bit colour depth.
- The Client is obliged to refrain from providing content forbidden by legal regulations, e.g. content which propagates violence, is defamatory or violates personal rights and other rights of third parties.
- The Rules and Regulations are available in the Word format which makes it possible to save them on a durable medium.
- The Client should read the Rules and Regulations of the Store and confirm their acceptance during the order placement process.
§ 3 Order placement
- All prices provided at the https://www.miyomakeup.com/ website are gross prices in PLN. The prices do not include the shipping cost.
- Orders are accepted on the website.
- Orders which are placed through the website can be placed on a 24/7 basis all year round.
- An Order is effective if the Client has properly filled in the order form and has provided correct contact details, including their detailed address to which the Goods are to be shipped together with their telephone number and e-mail address.
- If the data provided is not complete, the Seller will contact the Client. If it is not possible to contact the Client, the Seller has the right to cancel the Order.
- During the order placement process, the Client may request a receipt or a VAT invoice which can be enclosed with the purchased Goods or sent by electronic means to the provided e-mail address in the form of an electronic image of accounting documents, in particular such as: VAT invoices with enclosures, correcting VAT invoices with enclosures and forms. This consent also entitles the Seller to issue and send VAT invoices in electronic format in accordance with the Act on VAT of 11 March 2004 as amended.
- While placing an Order, the Client may agree to have their personal data entered into the Seller's Online Store database to have them processed in connection with Order fulfilment. If the Client grants their consent, they are entitled to access and correct their data and also demand that it should be removed.
- The Client may use the option of remembering their data by the system to facilitate the placement of the next Order. For this purpose, the Client should provide their login and password which are necessary to access their account. The Client's login is the e-mail address they have provided. The password is a sequence of characters defined by the Client. The Client's password is not known to the Seller and the Client is obliged to keep it secret and protect it against unauthorized third party access.
- After an effective placement of the order by the Client, they will receive an automatic reply from the store confirming that the order has been received. The lead time begins the moment the payment is credited to the bank account specified in the order confirmation for wire transfer payments or the moment the order is placed for credit card payments or if the COD option is selected.
§ 4 Shipping costs and time
- The goods are shipped to the address provided on the order form. The Store shall inform the Client immediately about an incorrectly completed order form which is preventing or delaying the shipment. The Client shall receive an order shipment confirmation.
- Goods are delivered using the Schenker courier company. The delivery time is no more than 2 business days. In some specified cases it is possible to collect goods in person at the Seller's office.
- The shipment is delivered according to the time limits specified for each article on the website. It is an approximate time of delivery and it applies to orders with the COD shipment option. If the “wire transfer” or “card or online transfer” is selected, the time needed for crediting the funds to the store's bank account should be added to the time provided at the website (usually 1-2 business days).
- The Client shall pay the shipping (delivery) costs which are specified for each product as shipping costs. The Client may access the price list at any time.
- The lead time for online orders is no more than 2 business days counted from the order placement. The carrier time, which is provided above, should be added to this. Goods are shipped to Poland only.
Price list in Poland
FREE OF CHARGE - for orders over PLN 150 gross
PLN 12 for orders up to PLN 75
PLN 8 for orders higher than PLN 75
When choosing COD the form of shipment, PLN 5 must be added regardless of the shipment value.
Price list for shipments outside Poland by:
- Poczta Polska - PLN 68.28/EUR 16.25
- courier - PLN 168/EUR 40
§ 5 Payments
- A receipt or a proof of purchase to the buyer's name (a VAT invoice) is issued.
- You can pay for the goods ordered COD or by wire transfer - account no. ……………………….
It is possible to collect Goods in person from the Online Shop. If you collect ordered goods at the Pierre Rene shop, ul. Ogrodowa 7; 76 - 270 Ustka, you can pay cash.
§ 6 Withdrawal from the Agreement
You have the right to withdraw from this agreement within 14 days without providing any reason for the withdrawal.
The right to withdraw from the Agreement expires after 14 days counting from the day on which you received the goods or on which a third party other than the carrier and specified by you received the goods.
To use the right to withdraw from the Agreement, you must inform us about your decision to withdraw from the Agreement in the form of an unambiguous statement (e.g. a letter sent by post, fax or e-mail) and provide your name, full postal address together with your telephone number and e-mail address. You can also use a sample agreement withdrawal form, but this is not obligatory. If you use this possibility, we will send you information about withdrawal from the agreement in a durable medium (e.g. by e-mail). To keep the deadline for the withdrawal from the Agreement, it is enough to send information concerning the performance of the right to withdraw from the agreement before the deadline.
Consequences of withdrawing from the agreement
If you withdraw from this Agreement, we shall refund all payments we have received from you, including delivery costs (excluding additional costs resulting from method of delivery you selected other than the cheapest usual method of delivery that we offer), immediately, and in all cases no later than 14 days after the day on which we were informed about your decision to use your right to withdraw from the Agreement. The payment will be refunded using the same methods of payment which are used by you in the original transaction unless you have explicitly agreed to another solution. We can suspend the refund of the payment received from you until receiving the Goods or until you provide us with a proof of their shipment, whichever occurs earlier.
Please send or provide the goods to us to the following address: Pierre Rene Sp. z o. o.; ul. Ogrodowa 7; 76 – 270 Ustka, immediately, but no later than 14 days after informing us about your withdrawal from this Agreement. The deadline is kept if you send the goods back before the expiration of the 14-day period. You will need to cover the direct costs of returning the goods. You shall be held responsible for reducing the value of the goods resulting from using them in a manner beyond the scope necessary to find the character, features and functioning of the goods.
§ 7 Complaint procedure
- The Seller is obliged to provide goods that are free from defects. The legal basis for considering complaints are regulations of the Act of 23 April 1964 Civil Code, in particular Art. 556 – 576.
- Complaints should be submitted to the Service Provider's address or at its registered office.
- The product which is being complained against should be provided to the Service Provider together with the proof of purchase and a completed complaint form which is available at: https://www.miyomakeup.com/.
- The Service Provider shall consider the complaint within 14 days after the complaint submission date. If the complaint is accepted, the Service Provider shall repair or replace the defective product for a new and faultless product or refund the value of the purchased product.
- A physical defect is a non-conformity of the item sold with the agreement, in particular if:
- it has no properties which an item of this kind should have in connection with the purpose specified in the agreement or resulting from the circumstances or the intended use;
- it has no properties which it should have in accordance with the Seller's assertions, including by presenting a sample or a model;
- is not fit for the purpose about which the Client has informed the Seller upon the conclusion of the agreement an the Seller has not submitted any reservations about such an intended use;
- the Client has received it in an unaltered condition.
- The item sold has a physical defect, also if it has been installed or started improperly, if these activities were performed by the Seller or a third party which the Seller is responsible for or by the Client who followed the instructions received by the Seller.
- The Seller shall not be responsible towards the Client who is a consumer for the fact that the item sold does not have the properties resulting from public assertions which are referred to in a Art. 5561 § 2, if they did not know such assertions or, by a reasonable judgement, they could not have influenced the Client's decision about the conclusion of the sales agreement or if its content was corrected before the conclusion of the sales agreement.
- If the Client is a consumer, a physical defect was found before one year following the day on which the sold item was released, it is assumed that the defect or its reason existed upon the transfer of risk on the Client.
- A legal defect involves the sold item:
- being the property of a third party,
- being encumbered by third party rights,
- is characterized by limitations in using or disposing it as a result of a decision or ruling of relevant authorities.
- The Seller shall be liable under statutory warranty for physical defects of the products which existed the moment the risk was transferred to the Client or which resulted from a reason connected with the item sold at the same time.
- If the item sold is defective, the Client may:
- submit a declaration about price reduction; the reduced price should be at a proportion to the price resulting from the agreement at which the value of the defective item remains to the value of an item free from defects,
- submit a declaration of withdrawing from the agreement, if the defect is material - unless the Seller immediately and without excessive inconvenience for the Client replaces the faulty item for an item that is free from defects or if the item is removed. This limitation shall not apply if the item has already been replaced or repaired by the Seller or the Seller did not fulfil its obligation to replace the item for one that is free from defects or to remove the defect.
- If the Client is a consumer, instead of the removal of the defect as proposed by the Seller, they may demand:
- that the item should be replaced for an item free from defects or instead of having the items replaced
- demand that the defect should be removed, unless it is not possible to make the item comply with the agreement or it would require excessive costs as compared to the method proposed by the Seller. The assessment of the excessiveness of costs shall take into account the value of the item free from defects, the type and importance of the defect found and also takes into account the inconvenience the Client would be exposed to due to another method of satisfaction.
- If the item sold is defective, the Client may demand that it should be replaced with an item which is free from defects or that the defect should be removed. The Seller shall be obliged to replace the item for one that is free from defects or remove the defect within reasonable time limits without excessive inconvenience for the Client.
- The Seller may refuse to fulfil the Client's demand if it is impossible to repair the defective item using the method selected by the Client or, as compared to another possible method, the achievement of compliance with the agreement would require excessive costs. If the Client is an entrepreneur, the Seller may refuse to replace the item for one that is free from defects or to remove the defect also when the costs of fulfilling this obligation exceed the price of the item sold.
- A Client who uses their statutory warranty for physical defects is obliged to provide the defective item to the place designated in the sales agreement and if such a place has not been specified in the agreement - to the place where the item was handed over to the Client. If, due to the type of the item, the delivery of such an item would be too difficult, the Client is obliged to make the item available to the Seller at the place where the item is located. The Seller shall cover the costs of replacement or repair. The Seller is obliged to accept a defective item from the Client if it is replaced for an item that is free from defects or to withdraw from the agreement.
- If the Client who is a consumer has demanded that the item should be replaced or the defect should be removed or has submitted a statement on reducing the price, by specifying the amount by which the price should be reduced and the Seller has not responded to this demand within fourteen days, it shall be concluded that it regards the demand as justified.
- If it was reserved in the agreement that the items sold shall be delivered in parts and the Seller, despite the Client's demand, has not provided the same quantity of items that are free from defects, the Client may also withdraw from the agreement regarding the items which are to be delivered later.
- If the Seller delays with the collection of items, the Client may send them at the Seller's cost and risk.
- The Seller shall be liable under statutory warranty if the physical defect is found before two years have expired following the day on which the item was provided to the Client. A claim to remove a defect or replace an item sold for one that is free from defects is subject to a time limit of one year, counting from the day on which the defect is found. If the Client is a consumer, the time limit may end before the end of the time limit specified in the previous sentence.
- Within the time limits specified in point 20 the Client may submit a declaration of withdrawal from the agreement or price reduction due to a defect of the item sold. If the Client demanded that the item should be replaced for one that is free from defects, the time limit for the submission of declaration of withdrawal from the agreement or price reduction begins from the ineffective expiry of the time limit for the replacement of the item or defect removal.
- If one of the rights resulting from the statutory warranty is asserted before a court or an arbitration court, the time limit for the performance of other rights the Client is entitled to for this reason is suspended until the procedure is completed in a binding manner. The provision in the previous sentence shall apply appropriately to a mediation procedure, however, the time limit for the execution of other rights resulting from the statutory warranty begins on the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective termination of mediation.
- The expiry of the time limit for finding a defect does not exclude the rights resulting from statutory warranty, if the defect was fraudulently concealed by the Seller. If the best-before date specified by the Seller or the manufacturer expires two years after providing the item to the Client, the Seller shall be liable under statutory warranty for physical defects found in this item before the expiry of this time limit.
- The Service Provider is the administrator of databases containing personal data provided by clients of the online store.
- Personal data is used for the performance of sales agreements and, as a result, it may be provided to entities responsible for the delivery of goods purchased from the client and, in the case of instalment purchases, to lending institutions. Clients have the right to access and modify their personal data. Data is provided voluntarily.
- Information about methods and technical measures used to detect and correct errors in the data entered:
- while placing the Order, until the “Place order” button is pressed, Clients who have an account at the Online Store can correct the data entered on their own by editing the client's profile;
- the Order can be verified or corrected also by sending an e-mail to the Service Provider to the following address: [email protected];
- the client may change the data entered upon the creation of the Account at any time in accordance with available options.
- Information about principles and methods of recording, protecting and making available to the other party the content of the agreement concluded by the Service Provider:
- recording, protecting and making available to the other party the content of the agreement takes place by sending an e-mail after the conclusion of the Sales Agreement;
- recording, protecting and making available to the Client the content of the agreement takes place by sending an e-mail with the content of the agreement or by providing the Client with the Order specification and a proof of purchase;
- the content of the concluded agreement is additionally recorded and protected in the Service Provider's computerized system and made available upon each request submitted by the Client.
§ 9 Changes to the Rules and Regulations
- Clients who have an account at the Store shall be informed about changes to the Rules and Regulations in an e-mail.
- If there has been a change in the Rules and Regulations since the last logging, the Client accepts or rejects the provisions after the changes. If the conditions of the Rules and Regulations are not accepted, especially after introducing changes, the Client may no longer purchase goods from the Online Store.
- A Client who does not accept changes to the Rules and Regulations is entitled to have their account removed at any time.
- Orders placed by Clients before changes to the Rules and Regulations become effective shall be fulfilled according to the existing provisions of the Rules and Regulations.
§ 10 Final provisions
- To all matters not settled herein, provisions of the Act on Consumer Rights dated 30 May 2014 (Journal of Laws of 2014, item 827) and the provisions of the Civil Code shall apply.
- Disputes resulting from the application of these Rules and Regulations and in connection with the performance of agreements concluded between the Store and Clients shall be resolved by a competent Court in accordance with general provisions about territorial and operational areas and in accordance with the Act of 17 November 1964 Code of Civil Procedure (Journal of Laws No. 43 item 296 as amended).