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TERMS AND CONDITIONS OF THE SKINARTE.COM ONLINE STORE

Terms and Conditions specify the detailed rules for using the Skinarte.com online store available at www.skinarte.com, including the terms and conditions for placing orders for Products offered in the online store, the principles of delivery of ordered Products to the Customer, the methods and deadlines for payments for these Products, the Customer's rights regarding withdrawal from the agreement and the principles for filing complaints.

Online store skinarte.com protects the Consumer’s rights. The provisions of the Terms and Conditions do not exclude or limit any rights of Consumers granted to them under mandatory provisions of law, and any doubts should be settled in favor of the Consumer.

GENERAL PROVISIONS

  1. The online store located at the following Internet address www.skinarte.com is operated by BIELENDA GROUP S.A. with its registered seat in Krakow, ul. Fabryczna 20, 31-553 Kraków (that is also the delivery address), entered in the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS no. 0000982226, NIP 9442043784, BDO 000025642, REGON 356357380 with the share capital of PLN 1,006,950.00, paid in full; email address: [email protected].
  2. Terms and Conditions are addressed both to Customers who are and who are not Consumers, who use the Online Store, Electronic Services or conclude Sales Agreements.
  3. The acceptance of the Terms and Conditions is voluntary, however, it is necessary in order to create an Account and/or in order for the Customer to place an Order.
  4. Information presented in the Online Store constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, addressed by skinarte.com to Customers, and not an offer within the meaning of the Civil Code.
  5. Each time the following capitalized phrases are used in the subsequent part of the Terms and Conditions, they shall be understood in the sense given below, except when the context of their use explicitly indicates otherwise:
    1. TERMS AND CONDITIONS – this document establishing the rules for the conclusion of Sales Agreements and the rules for the provision and use of services made available by skinarte.com through the Online Store to Customers. The Terms and Conditions define the rights and obligations of skinarte.com;
    2. BIELENDA.COM – BIELENDA GROUP S.A. with its registered office in Kraków, ul. Fabryczna 20, 31-553 Kraków (that is also the delivery address), entered in the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000982226, NIP 9442043784, BDO 000025642;
    3. ONLINE STORE – a platform allowing placing of Orders by the Customer and provision of services made available by skinarte.com, operated by skinarte.com, being a set of interconnected websites, available at the following Internet address: www.skinarte.com.
    4. CUSTOMER – (a) a natural person; or acting through an authorized person (b) a legal person; or (c) an organizational unit without legal personality, which is granted legal capacity by law; with full legal capacity. If the Customer is an individual having limited legal capacity, he/she is required to obtain the legally effective consent of his/her statutory representative to conclude the Service Agreement/Sales Agreement and to submit such consent at any request of skinarte.com, while as a rule, Sales Agreements concluded within the framework of the Online Store have the nature of agreements commonly concluded for minor current matters.
    5. ACCOUNT – a set of data provided by the Customer marked with an individual name (Login) and Password given by the Customer, in particular data about the Customer, details of the Order, delivery and payment methods, allowing and facilitating the Customer’s use of skinarte.com. The Customer obtains access to the Account via Login and Password. The Customer signs into this Account following registration in the Online Store. The Account enables you to save and store information about the Customer's address information for shipment of Products, track the status of the Order, as well as access the history of Orders and Reservations and other services offered by skinarte.com.
    6. LOGIN – the Customer’s email address provided within the Online Store while creating an Account.
    7. PASSWORD – a sequence of characters required for authorization when accessing the Account, determined by the Customer when creating the Account. The Customer is responsible for keeping the Password confidential (not to disclose it to any third party). The skinarte.com store allows the Customer to change the Password more than once.
    8. ORDER – a declaration of intent by the Customer directly expressing his or her will to conclude a Sales Agreement, specifying the Product as to which the Customer is making an offer to conclude a Sales Agreement and the Customer’s data needed for the potential conclusion and execution of the Sales Agreement. The Order may be given a single number, and all offers will be processed in parallel. The acceptance of the Order constitutes the conclusion of the Sales Agreement (see below).
    9. SALES AGREEMENT – a sales agreement within the meaning of the Civil Code, concerning the sale of a Product by skinarte.com to a Customer for payment of the Price increased by any additional charges (e.g. gift packaging), including shipping costs, the provisions of which are defined in particular by these Terms and Conditions. The Sales Agreement is concluded between the Customer and skinarte.com by means of remote communication, after acceptance of the Order by skinarte.com according to the rules set forth in these Terms and Conditions. The Sales Agreement specifies, in particular, the Product, its main properties, the Price, shipping costs and other relevant conditions. Each Product is covered by a separate Sales Agreement.
    10. CART – a service provided to each Customer using the Online Store, allowing him/her to place an Order for one or more Products, enter discount codes reducing the Price under the terms of separate agreements/regulations, display a summary of the Price of individual Products and all Products in total (including shipping costs, if any), and display the expected delivery date of the Products. The cart collects the offers made by the Customer for the conclusion of a Sales Agreement, i.e. more than one offer for the conclusion of a Sales Agreement can be made within one Order, but no more than 10 (ten) products.
    11. PRODUCT – a movable good available in the Online Store, being the subject of a Sales Agreement between the Customer and skinarte.com upon payment of the Price.
    12. PRICE – the amount of gross remuneration (including tax) due to skinarte.com for the transfer of ownership of the Product to the Customer pursuant to the Sales Agreement, specified in Polish zlotys. The price does not include the cost of delivery, except if the terms and conditions of the Promotion applied within the Online Store state otherwise.
    13. ELECTRONIC SERVICE – provision of services electronically, within the meaning of the Act of 18 July 2002 on electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), by Bielenda.com to the Customer via the Online Store, in accordance with the Service Agreement. To the extent to which services are provided by entities cooperating with skinarte.com, the relevant provisions regarding the terms of use of these services are to be found in the terms and conditions regarding the provision of services by these entities.
    14. Customer Service Center – Bielenda.com Customer Service Center providing Customers with information on the Online Store’s operations including the Products, Online Store, and Terms and Conditions of current Promotions during the hours indicated in the Online Store under the “Contact” tab, at the telephone numbers and email address indicated there, via the Online Store’s chat room and the Online Store’s contact form under the “Contact” tab. The cost of a call to Customer Service Center (charge as for a regular call – according to the price list of the relevant operator).
    15. BUSINESS DAY – a day from Monday to Friday except public holidays.
    16. PROMOTIONS – special conditions of sale or provision of services, settled on the principles expressed within the Online Store, suggested by skinarte.com at a certain time, which the Customer may take advantage of under the terms and conditions specified therein, for example, reduction of the Price or shipping costs, in accordance with the Terms and Conditions of Promotional Campaigns.
    17. NEWSLETTER – Electronic Service that allows all Customers using it an opportunity to receive periodic information from Bielenda.com about Products, the Online Store, including news and promotions, to the email address or telephone number provided by the Customer, upon the Customer’s express consent.
    18. CONSUMER – a natural person carrying out a legal transaction with an entrepreneur not directly related to its economic or professional activity.
    19. CIVIL CODE – the Act of April 23, 1964, Civil Code (i.e., Journal of Laws 2022.1360, as amended).
    20. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws 2020.287, as amended).

ELECTRONIC SERVICES IN THE ONLINE STORE

  1. Skinarte.com provides the following free of charge Electronic Services to Customers via the Online Store:
    1. maintaining an Account;
    2. enabling Customers to place Orders and conclude Sales Agreements, according to the rules specified in these Terms and Conditions;
    3. presenting Customers with advertising content matching their interests;
    4. enabling Customers to use Shopping Cart services;
    5. enabling Customers to view Content placed within the Online Store;
    6. Newsletter.
  2. It is possible to use the Account once the Customer has completed the following steps together:
    1. completing the registration form and accepting the provisions of these Terms and Conditions;
    2. clicking the “Register” field.
  3. The Service Agreement is concluded once the Customer receives confirmation of the Service Agreement sent by skinarte.com to the email address provided by the Customer in the process of registration. The Account is provided free of charge for an indefinite period of time. The Customer may, without giving any reason, delete the Account at any time by sending a request to Bielenda.com, in particular via e-mail to: [email protected]. It is not required to create an Account to place an Order on the Online Store.
  4. The use of the Shopping Cart begins from the moment the Customer adds the first Product to the Cart.
  5. The Cart is provided free of charge and has a one-time nature that terminates when an Order is placed through it or when the Customer discontinues placing an Order through it earlier; the Cart stores information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period of no more than 7 days, however, it does not ensure the availability of the Products selected by the Customer in order to make it possible to place an Order later.
  6. In particular, the Customer is obliged to:
    1. provide only truthful, up-to-date and all necessary data of the Customer in the forms made available within the Online Store;
    2. promptly update the data, including personal data, provided by the skinarte.com Customer in connection with the conclusion of the Sales Agreement, in particular to the extent necessary for their proper execution; the Customer has the opportunity to change the data entered during the creation of the Account at any time using the options available within the Account;
    3. use of services and functionalities made available by skinarte.com without disturbing the functioning of the Online Store;
    4. use of services and functionalities made available by skinarte.com in a way that is consistent with the law, the provisions of the Terms and Conditions, as well as with the customs and rules of social coexistence adopted in this area;
    5. timely payment of the Price and other costs agreed upon by the Customer and skinarte.com in full;
    6. timely pick up of the Products ordered using cash on delivery and cash on delivery payment methods;
    7. not to provide or transmit within the Online Store content that is prohibited by law, in particular content that violates third parties' copyrights or their personal rights;
      1. not to take actions such as:
        • sending or posting any unsolicited commercial information on the Online Store or posting any content that violates the law (prohibition of posting illegal content);
        • undertaking any computer activity or any other activity aimed at gaining possession of information not intended for the Customer, including data of other Customers or interfering with the principles or technical aspects of the operation of the Online Store and payment processing;
        • unauthorized modification of content provided by skinarte.com, in particular prices or product descriptions stated within the Online Store.
  7. Complaints related to the provision of Electronic Services may be submitted:
    1. in writing to the address: ul. Fabryczna 20, 31-553 Kraków
    2. in electronic form via email to: [email protected];
  8. The response to the complaint by skinarte.com shall be made without delay, no later than within 30 days from the date of its submission, pursuant to Article 7a(1) of the Act, unless a different time limit is provided by law or separate regulations.

TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

  1. Within the framework of the Online Store, under the terms and conditions specified in the Terms and Conditions, it is possible to conclude Sales Agreements with skinarte.com. The main characteristics of the provision, including the subject matter of the service and the method of communicating with the Customer, are specified on the Product website or in another manner appropriate to the Product, within the Online Store.
  2. Skinarte.com allows placing Orders directed to skinarte.com on the Online Store. Concluding the Sales Agreement between the Customer and skinarte.com follows after the Customer places an Order.
  3. Skinarte.com enables the Customer to submit an Order via the Online Store as follows, sequentially:
    1. The Customer adds the selected Product(s) to the Cart and then proceeds to the order form. Bielenda.com may provide within the framework of the Online Store additional services for the Product added to the Cart, e.g. personalization, adding other related Products;
    2. Customer having an Account confirms in the order form the validity of the data required for the conclusion and execution of the Sales Agreement. Any User not having an Account must independently fill in the order form with the data necessary for the conclusion and execution of the Sales Agreement. Whenever outdated or false data of the Customer is provided, it may prevent the execution of the Sales Agreement. It is necessary for the Customer to provide the following data in the order form: name and surname, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of the Product(s), if available, type, color and size of the Product(s), place and method of delivery of the Product(s), and method of payment. For Customers who are not Consumers, it is also necessary to provide the company, and if they requested a VAT invoice as part of the form, also the Tax Identification Number (NIP). As part of the development of the Products or services available in the Online Store, there may be an obligation to provide other relevant information about the Product or the Customer in the content of the Order form or in another appropriate place, and in the case of personal data, also necessary details, in particular due to the specificity of the Product or service, e.g. to personalize the Product;
    3. The Customer selects one of the delivery methods made available by skinarte.com, and the methods of payment of the Price and any other total costs for the execution of the Sales Agreement indicated in the order form;
    4. The Customer sends an Order (submits an offer) to skinarte.com by means of the functionality of the Online Store made available for this purpose (“Order and pay”). Acceptance of the Terms and Conditions is required for a Customer who does not have an Account and has not previously accepted the Terms and Conditions;
    5. While placing an Order, until pressing “Order and pay”, the Customer has the possibility to independently correct the entered data within the “Cart” panel by adding or removing a given item from the Cart. Deletion of an item may automatically result in the deletion of another item from the Cart as well, due to the direct link between the Products;
      1. In response to an Order, an automatically generated message is sent to the Customer at the email address provided by the Customer for this purpose, confirming the receipt of the Order and the initiation of its verification.
      2. Once the Order has been verified, the Customer will receive, without unreasonable delay, a message at the email address provided, containing:
    6. confirmation of acceptance of one or more individual offers for Products, placed as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
    7. information about non-acceptance of all offers for Products, placed as part of the Order, in particular due to lack of payment or failure to pick up the shipment.
      1. The Sales Agreement is entered into upon confirmation of the offer(s), i.e. receipt by the Customer of the message specified in paragraph 6.1 above regarding the Products indicated therein. The Customer shall receive confirmation of the terms and conditions of the Sales Agreement at the email address provided by the Customer.
      2. In the event of inability to accept all or some of the offers made within the Order, the Customer Service Center will contact the Customer in order to:
        1. inform the Customer about the inability to accept all the offers made within the Order contained in the Sales Agreement; or
        2. confirm the Customer’s wish to complete the Order in the part in which it was accepted. In that case, the Customer may cancel the submitted Order in its entirety (to the extent of all offers), without prejudice to its right to withdraw from the agreement. Any cancellation of an Order by the Customer shall exempt skinarte.com from its obligation to process the Order. If the Order is canceled, paragraph 8 below shall apply accordingly.
  4. In the event of inability to accept the offer(s) made under the Order, the Sales Agreement in the scope of the Products indicated by the Customer Service Center shall not be concluded, and skinarte.com shall immediately, but no later than within 14 days, return the payments made by the Customer to the extent to which the Sales Agreement has not been concluded.
  5. The Customer may be informed about the status of the Order, in particular by receiving messages to the email address given by the Customer and via text message.
  6. Skinarte.com strives to provide the availability of the Products and the performance of the Sales Agreement. In the event of inability to fulfill the performance of the service and in other situations specified by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular those relating to the obligation to promptly return the service to the Consumer, may apply.
  7. The total value of the Order consists of the Price, shipping costs and any other costs of optional paid services selected by the Customer. Within the Online Store, a minimum Order value threshold may be set for which shipping of Products is free. The Customer is informed about the total price, including taxes, of the Product that is the subject of the Order, as well as the cost of delivery (including transport, delivery and postal charges) as well as other costs during the placement of the Order, also at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
  8. Promotions applicable in the Online Store are not cumulative, except as otherwise expressly provided in the Promotion.

CONDITIONS AND METHODS OF PAYMENT

  1. Skinarte.com provides the Customer with multiple methods of payment for the Sales Agreement.
  2. Current possible payment methods are specified in the Online Store under “Payment methods” tab and each time the Customer expresses the intention to be bound by the Sales Agreement.
  3. Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro.
  4. Settlement of electronic payment and card transactions is carried out as per customer's choice through authorized services.
  5. If skinarte.com does not collect the payment of a Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the Customer Service Center may contact the Customer in order to remind about the payment, including by sending an email.
  6. Failure to make payment for either electronic payment or credit card payment within 72 hours of placing the Order, will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also, until receiving the message about sending the Order, cancel it without any consequences by contacting the Customer Service Center, without prejudice to his right to cancel the agreement.
  7. Blue Media S.A. is the provider of the online payment service.

TERMS AND METHODS OF DELIVERY

  1. Delivery of the Product is possible in the territory of the Republic of Poland under the “Time and methods of delivery” tab in the Online Store.
  2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The methods and costs of delivery of the Product that are currently available are indicated to the Customer in the “Time and methods of delivery” tab of the Online Store and each time at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
  3. Available delivery methods may vary depending on the payment method selected by the Customer or the Product. Available delivery methods may vary if several Orders are placed at the same time, particularly due to the Products covered by them.
  4. The total waiting period for the Customer to receive the Product (delivery period) includes the time for skinarte.com to prepare the Order for shipment and the time for the carrier to deliver the Product.
  5. The delivery time of the Product to the Customer is up to 10 Business Days, unless a shorter time period is specified in the Product description or in the course of placing the Order.
  6. The time of preparing the Order for shipment by skinarte.com is always indicated on the subsite of the Product in question and is calculated from the day (the beginning of the delivery period):
    1. of crediting the bank account or checking account of skinarte.com – in case the Customer has chosen the method of payment in the form of electronic payment or card payment;
    2. of conclusion of the Sales Agreement – in case the Customer chooses cash on delivery payment method.
  7. The above time should be increased by the time of delivery of the Product by the given carrier, which depends on the form of delivery selected by the Customer and is presented each time on the subsite of the given Product and in the “Order processing” tab in the Online Store.

TERMS OF COMPLAINTS 

  1. The basis and scope of the liability of skinarte.com to the Customer if the sold Product has a physical or legal defect (warranty) are defined in the provisions of the Civil Code, in particular in Article 556 and subsequent articles of the Civil Code.
  2. Skinarte.com is responsible for providing the Customer with the defect-free Product.
  3. The complaint may be submitted by the Customer, e.g. to the email address: [email protected]. The party may request delivery of the Product to skinarte.com together with the complaint, in order to allow skinarte.com to examine the Product. More details regarding the methods made available by skinarte.com for the Customer to deliver the Product free of charge in respect of a complaint can be found within the Online Store under the “Complaints” tab.
  4. If the sold Product shows a defect, the Customer may:
    1. submit a statement to lower the Price or withdraw from the Sales Agreement, unless skinarte.com immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes such defect. The reduced price should be in such proportion to the agreed price as the value of the Product with the defect remains to the value of the defect-free Product. The Customer is not allowed to withdraw from the agreement if the defect in the Product is insignificant;
    2. demand replacement of the Product with a defect-free one or removal of the defect. Skinarte.com is obliged to replace the defective Product with a defect-free one or to remove the defect within a reasonable time period without excessive inconvenience for the Customer, with the reservations and under the rules set forth in the relevant provisions of the Civil Code.
  5. The customer is advised to state in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from it; and (3) the contact details of the complainant - this will make it easier and faster for skinarte.com to process the complaint.
  6. Skinarte.com shall respond to the Customer's complaint no later than 14 days from the date of its receipt. This period may be extended by the time needed for the Customer to complete the information necessary, in the opinion of Skinarte.com, to investigate the complaint. If the Customer has requested a replacement of the product or removal of the defect, or has made a request for a price reduction, specifying the amount by which the price is to be reduced, and Skinarte.com has not addressed this request within 14 days from the date of its receipt, it is considered that the request was justified.
  7. If it is necessary for skinarte.com to respond to the Customer's complaint or to exercise the Customer's rights under the warranty to deliver the Product to the seller, in accordance with Article 561(2) in connection with Article 354 § 2 of the Civil Code, the Customer will be required to deliver the Product at the seller’s expense to the following address: ul. Fabryczna 20, 31-553 Kraków.

RIGHT OF WITHDRAWAL

  1. Any consumer who has entered into a distance contract may withdraw from it without giving any reason and without incurring any costs except those provided by law, within 30 days from the date of receipt of the order.
  2. The deadline for withdrawal from the Sales Agreement starts from the date of receipt of the Product by the Consumer or a third party other than the carrier designated by it.
  3. In the case of withdrawal from a distance contract, it shall be considered not concluded.
  4. Skinarte.com is obliged to reimburse the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, the payments made by the Consumer, including the costs of delivery of the Product (excluding additional costs resulting from the delivery method chosen by the Consumer other than the most economical regular delivery method available in the Online Store). Skinarte.com shall reimburse the payments made by the Consumer by means of the same payment method used by the Consumer.
  5. The Consumer is obliged to return the Product to skinarte.com immediately, no later than within 30 days from the day of withdrawal from the Sales Agreement. Skinarte.com may refrain from refunding until the Products being returned are received by skinarte.com or until the Consumer provides proof of return, whichever event occurs first.

PERSONAL DATA PROTECTION

  1. Providing personal data by the Customer is voluntary, but necessary in order to create an Account, use certain Electronic Services, conclude a Sales Agreement or make a Reservation.
  2. For detailed information on data protection, please refer to the “GDPR” tab available on the Online Store.

REVIEWS

  1. Customer having an Account who has placed an Order can post a review of the purchased Product.
  2. Skinarte.com publishes Product reviews after verifying whether they comply with these Terms and Conditions, and also reserves the right to delete Product reviews that are proven not to comply with these Terms and Conditions after publication. The review published by the Seller cannot be changed or deleted by the Customer.
  3. It is forbidden to publish in the reviews any data that is untrue, contrary to the law or good morals, promotional content or containing a reference to gender, race, ethnicity, nationality, religion, belief, worldview, disability, age or sexual orientation.
  4. By posting an opinion, the Customer confirms being the author of the review and is liable for any damages to skinarte.com related to its publication.
  5. By posting an opinion, the Customer hereby authorizes skinarte.com to use the review without time and territorial restrictions by distributing the review with disclosure of the Customer’s name as the author of the review, at the sole discretion of skinarte.com.

FINAL PROVISIONS

  1. Terms and Conditions are effective as of November 18, 2023.
  2. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.
  3. Skinarte.com reserves the right to amend these Terms and Conditions. Amendments to the Terms and Conditions shall not affect the rights of Customers who placed an Order before the effective date of the amendment.
  4. Amendments to the Terms and Conditions shall become effective after 7 days from the date of their publication on www.skinarte.com. Skinarte.com will announce the changes by means of an email sent to the Customer’s address. If the Customer does not agree to the change, then the Customer should activate the “I do not accept the change to the Terms and Conditions” field. Lack of acceptance of the change will lead to the inability to place Orders on skinarte.com.