Online shop regulations

Regulations for purchases in the online store VASARI

1 Definitions.

The following terms used in these Regulations have the following meanings:
1.1. Seller – Marzena Grzejda running a business under the company name: Vasari Marzena Grzejda in Ostrowy nad Okszą (42-122) at street Tadeusza Kościuszki 46, entered into the Central Register and Information of Economic Activity kept by the Minister of Economy, NIP number: 5741909574, Regon: 2415047,
1.2. User – a natural or legal person, or an organizational unit with legal capacity that purchases goods via the Seller’s website.
1.3. Service – an online service dotpay.pl, the intermediary of which the Buyer can use when paying for goods covered by the Agreement.
1.4. Buyer or Client is a User who has concluded an Agreement with the Seller.
1.5. Agreement is a contract for the sale of goods contained in the Seller’s commercial offer presented via the Seller’s website, concluded through the website.
1.6. Website – the Seller’s website: www.hairmax.net.pl.
1.7. Seller’s e-mail – e-mail address of the Seller placed on the Website

2. Online Shop Terms and Conditions

2.1. In order to conclude the Agreement, the User should fill in and send to the Seller the order for the goods using the electronic order form located on the Website, giving in particular their data, and selecting the available shipping and payment options. The user should correctly complete the electronic order form. The Seller shall not be liable for the consequences of incorrect completion by the User of the form or providing false, incorrect or incomplete data of the User, in particular the address for shipping the goods. Placing an order involves the obligation to pay for the ordered goods for which a Contract has been concluded, in accordance with point 2.3 of these Regulations.

2.2. The User, if he chooses the method of payment through the website, will be redirected to the Service’s site. The terms of making payments via the Website are set by the Website operator in its regulations and terms, posted on the Website. The Seller is not responsible for the operation of the Website.

2.3. Placing an order referred to in point 2.1 of these Regulations means that the User submits to the Seller an offer to conclude a contract for the sale (purchase) of the ordered goods. To make an order by completing by the User and sending to the Seller the order form located on the Website.

2.4. The conclusion of the Agreement takes place upon the Seller confirming the acceptance of the order made by the User in accordance with point 2.1 of these Regulations.

2.5. The Seller confirms the acceptance of the order referred to in point 2.4 of these Regulations by sending such a confirmation by e-mail from the Seller’s e-mail address to the e-mail address provided by the User when placing the order. Confirmation of the order will in particular contain an indication of the goods, the price for the goods and the date of shipment. Confirmation of the order acceptance referred to point 2.3 of these Regulations constitutes confirmation of the conclusion of the Agreement as a distance contract. Along with the confirmation of order acceptance, the Seller shall send to the User who is a consumer to his/her e-mail address given when placing the order information referred to in art. 12 para. 1 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws, 2014, item 827).

2.6. The goods covered by the Agreement are issued after the Buyer has paid for the goods, by handing the goods over to the entity making the delivery of the shipment with the goods selected by the Buyer when placing the order.

2.7. The Customer should pay for the goods covered by the Agreement by bank transfer or credit card via the Website or to the Seller’s bank account: 28 1140 2004 0000 3902 7766 1724 within 3 days from the date of conclusion of the Agreement, unless he chooses the option of shipping the goods on delivery. If the Buyer fails to make payment within the time specified in the previous sentence, the Seller shall have the right to withdraw from the Agreement and the Seller may send a declaration of withdrawal from the Agreement to the e-mail address provided by the Buyer when placing the order.

2.8. In the event of making payments via the Website, payment for the goods follows the confirmation of the transaction by the Website operator, with the moment the payment is received via the Website by the Seller.

2.9. Goods prices given by the Seller include VAT tax and are expressed in Polish zlotys. The price is the total price for completing the order.

2.10. The Contract with the client is concluded for the time necessary to perform it. The Customer is bound by the Contract until its completion, unless there are reasons to withdraw from the Agreement, and the Seller or Customer withdraws from the Agreement.

2.11. The Seller shall deliver the goods for shipment without delay, but no later than within 24 hours from the date of receipt from the Buyer of the payment for the goods covered by the Agreement or conclusion of the Agreement if the Buyer chose the cash on delivery option. In the absence of goods in the warehouse, the Seller may indicate a longer deadline for sending the goods, notifying the User to the e-mail address provided by him when placing the order. If the User does not agree to the new date, he is entitled to withdraw from the Agreement within 10 days of receiving information from the Seller in this regard by sending a text message to the Seller’s e-mail. In the event of failure to submit a statement of withdrawal from the contract within the above-mentioned period, the Parties shall bind a new date of dispatch of the goods.

2.12. The Seller indicates to the entity making delivery of the parcel with the goods as the address of the Buyer – the address provided by the Buyer in the electronic order form.

2.13. The delivery of goods is carried out through the courier company DPD and Poczta Polska. The Buyer shall bear the cost of delivery of the goods in the amount of PLN 20.00 for the order up to PLN 200.00 on the territory of the Republic of Poland, except for the delivery of the goods in a different way than the usual way of delivering the goods specified by the Seller. The delivery of the goods in a different way than the one indicated by the Seller, including outside the boundaries of the Republic of Poland is possible at the Buyer’s request and at his expense.

2.14. The buyer is obliged to check the parcel with the goods to the extent that it is possible. In the case of loss or damage to the parcel or goods, the Buyer should notify the above Seller immediately to the Seller’s e-mail address, if possibly including photos of losses and damage. Failure by the Buyer to fulfill the obligations set out in the previous task does not deprive the Buyer who is a consumer of the warranty rights for defects or other rights related to the Seller’s liability for defects in the goods.

2.15. The product is packed in cardboard boxes and secured with black stretch foil, while the smaller goods susceptible to damage are additionally wrapped with bubble foil and packed in foil envelopes. A VAT invoice or receipt is placed inside the packaging of the package.

3. Right to withdraw from Contract

3.1. According to art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws, 2014, item 827), the Customer who is a consumer is entitled, subject to point 3.4 of these Regulations, the right to withdraw from the Agreement without giving a reason within 14 days from the day of delivering the goods to the Customer or to a third party designated by him, other than the carrier. The return by the goods to which the withdrawal applies should take place immediately, not later than within 14 days from the statement of withdrawal. The customer bears the direct costs of returning the goods.

3.2. In case of the Buyer withdrawing from the contract, the Seller shall return all payments received from the Buyer, except for the additional costs of delivering items resulting from the method chosen by the Buyer to deliver things other than the usual way of delivery of goods offered by the Seller. The seller may withhold the refund of payments received by the consumer until he receives the returned goods or provide proof that the goods have been returned via a return.

3.3. The detailed instruction on the statutory right of withdrawal referred to in point 3.1 is attached as Appendix 1 to these Regulations. the model withdrawal form to point 3.1 is attached as Annex 2 to these Regulations.

3.4. In order to withdraw from the contract, the Buyer should send to the Seller’s address a written declaration of withdrawal, e.g. in the form of a completed withdrawal form attached as Annex 2 to these Regulations or a form attached as Annex 2 to the Act of 30/05/2014. consumer (Journal of Laws, 2014, item 827). The date of the postmark decides about the withdrawal period. The address of the Seller to which the declaration of withdrawal should be sent and return the goods: Vasari Marzena Grzejda, ul. Tadeusza Kościuszki 46, 42-122 Ostrowy nad Okszą.

3.5. The right to withdraw from the contract referred to in 3.1 above is not entitled to the consumer, pursuant to art. 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), in particular, with reference to the contract:
1) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
2) in which the subject of the service are items which after delivery, due to their nature, are inseparably connected with other things.

3.6. When returning the right of withdrawal referred to in point 3.1, the goods should be in the same condition except for changes that were necessary to determine the nature, characteristics and functioning of the goods. The customer is liable for the decrease in the value of the item resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the goods. The seller does not receive shipments sent to him/her on delivery and is not responsible for the costs associated with them.

3.7. The provisions of Section 3 do not apply to Customers who are not consumers.

4. Complaints procedure

4.1. The Seller is obliged to provide the Buyer with goods free from defects. The seller is liable on the basis of warranty for product defects. If any defects are found, complaints should be submitted to the Seller by e-mail to the Seller, subject to sections 4.2 and 4.3 of these Regulations.

4.2. Complaints regarding damage or loss of a shipment during the course of transport by courier or Poczta Polska can be submitted to the Seller, or directed directly to the courier company or Poczta Polska.

4.3. In the event of defects in the goods, the customer should deliver the defective goods by courier or via Poczta Polska to the address of the Seller along with a description of the defect and the request. The complaint must be accompanied by a confirmation of the conclusion of the Contract for the goods, eg a receipt, VAT invoice or other sales confirmation issued by the Seller. Failure to combine the confirmation of conclusion of the Agreement shall not affect the effectiveness of the complaint lodged by the Customer who is a consumer.

4.4. The Buyer may demand under the warranty for defects of exchange of goods for free from defects or removal of defects. If the sold item has a defect, the Buyer may also submit a statement about price reduction or withdrawal from the contract, unless the Seller immediately exchanges the defective item for one free of defects or removes the defect. The Buyer can not withdraw from the contract if the defect is irrelevant.

4.5. The goods sent as part of the complaint should be complete, unless its part has been damaged due to a defect in the goods.

4.6.Complaints will be recognized promptly, no later than within 14 days from the date of their receipt by the Seller. The Customer agrees to receive the Seller’s reply to complaints, including the Seller’s response to the Client’s claims and statements made under the warranty for defects, by e-mail to the e-mail address provided when registering the purchase account on the Website or e-mail address provided by Customer when placing an order.

4.7. In the case when the product is sold, the warranty period is one year.

4.8. Regarding the Customer who is not a consumer within the meaning of the provisions of the Civil Code, the Seller’s liability under the warranty for physical defects of the goods shall be excluded.

5. Provision of services by electronic means (newsletter).

5.1. The seller provides electronic services in the form of free distribution of an information bulletin (newsletter).

5.2. To use the newsletter service, it is necessary to have a terminal device with Internet access equipped with an internet browser and correctly configured e-mail.

5.3. The purpose of sending a newsletter is to provide Users with commercial, advertising and marketing information related to the economic activity performed by the Seller.

5.4. Subscriptions to the newsletter can be made on the Website by providing the User’s e-mail address.

5.5. The User may at any time change the address to which the newsletter is to be sent or unsubscribe the newsletter by clicking on the link contained in it or by sending a resignation or information about changing the address to the following address: info@hairmax.net.pl.

5.6. Subscribing to the subscription of the newsletter is tantamount to acceptance of these Regulations and consent to the processing of personal data indicated in the order in accordance with the provisions of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 1997, No. 133, item. 883) for promotional, commercial and advertising purposes. The User has the right to inspect their personal data, correct them, the right to demand discontinuation of their use or the right to demand their removal.

6. Recycling

In accordance with the Act of October 23, 2015 on waste electrical and electronic equipment (OJ 2015, item 1688):
a) The Seller is obliged to collect used household appliances at the point of sale free of charge, provided that the used equipment is of the same type and fulfills the same functions as sold equipment (the cost of delivery of used equipment to the Seller’s premises)
b) The Seller, providing the Buyer with equipment intended for households, is obliged to collect used household equipment free of charge at the place of delivery of this equipment, provided that the used equipment is of the same type and fulfills the same functions as the delivered equipment.

7. Protection of personal data.

7.1. The Administrator of personal data is the Seller whose identification and contact details are specified in point 1 of the Regulations.

7.2. Your personal data is processed in accordance with the Regulations of the European Parliament and Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of their personal data and the free transfer of such data and the repeal of Directive 95/46 / EC. (hereinafter: RODO) and other generally binding regulations.

7.3. Data collected by the Administrator during the order placement and conclusion of the sales contract are processed in connection with (processing purposes):
a) the need to implement the contracts entered into by you with the Administrator, as well as the activities undertaken before the conclusion of the agreements established at your request (Article 6 paragraph 1 letter b) of the RD0),
b) the necessity to fulfill the legal obligation of the Administrator (Article 6 par.1 letter c) RODO).

7.4. In the case of subscribing to the newsletter, personal data are processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6 paragraph 1 letter a) of RODO).

7.5. The Buyer’s personal data may be processed in relation to the legitimate interest of the Administrator in order to secure and enforce claims (Article 6 paragraph 1 letter f) of RODO).

7.6. Providing personal data is voluntary, however it is required to make an order, enter into a sales agreement and its proper implementation.

7.7. The Buyer’s personal data may be transferred, depending on the chosen method of delivery of the order and method of payment, to the selected carrier or intermediary carrying out the shipment at the request of the Administrator for the delivery, and to the entity servicing electronic payments or payment cards, entities providing hosting services and entities from the IT industry that maintains an online store.

7.8. Personal data collected for the purpose of concluding or fulfilling the terms of the contract by the Seller is stored for the period necessary to: (1) review any claims under the contract, (2) the after-sales service of the buyer (consideration of complaints), (3) compliance with the legal obligation imposed on the Seller (derived, for example, from accounting rules and tax rules). Personal data processed for marketing purposes and for purposes other than those mentioned above will be processed until withdrawal of the previously expressed consent for their processing for this purpose or until the moment of opposition.

7.9. In case the Administrator plans to further process personal data for purposes other than the purpose for which the personal data were collected, he will inform the other purpose and provide any other relevant information prior to such further processing.

7.10. The Buyer has the right to request from the Administrator personal data to access their personal data, rectify them, delete or limit processing, the right to object to their processing, as well as the right to transfer them. The buyer also has the right to lodge a complaint with the supervisory body.

8. Final provisions

8.1. In matters related to the implementation of the order, the Buyer may contact the Seller via e-mail addressed to: info@hairmax.net.pl or by calling: 502 041 476.

8.2. By sending the order form via the Website, the User consents to the Seller processing personal data contained therein for purposes related to the performance of the Agreement.

8.3. Sending to the Seller by the User of the order form via the Website means that the User accepts these Regulations.

8.4. The law applicable to the Regulations and the Agreement concluded on its basis is the Polish law. The language proper to conclude the Agreement and communication between its parties is Polish.

8.5. The Seller has the right to change these Regulations by publishing the amended Regulations on his website. Any changes to the regulations do not apply to orders already made.

8.6. Information on the goods posted on the Website does not constitute an offer within the meaning of the Civil Code.

8.7. To use the Website, including browsing the descriptions of goods placed on it and placing orders, a computer with Internet access and an installed current Internet browser, Google Chrome, Mozilla Firefox and an active User’s e-mail account is necessary.

8.8. Subject to the mandatory provisions of law, the Seller shall not be liable for errors in e-mail communication with the User independent of the Seller, in particular, blocking e-mails from the Seller sent to the User on the side of the e-mail server used by the User or by the User’s computer or software used by the User.

8.9. The Seller reserves the right to disrupt the Website and e-mail address of the Seller, including suspending the Website’s accessibility to carry out maintenance, upgrading, review or extension of functionality, as well as hardware changes based on which the Website operates. If possible, the Seller shall inform about the breaks referred to in the previous sentence in advance by posting on the Website the message about the planned break in the availability of the Website or e-mail of the Seller.

8.10. In the event of a conflict between any provisions of the Regulations and the mandatory provisions of law, the applicable provisions shall apply without taking account of a given provision of the Regulations, which automatically ceases to apply.

8.11. The provisions of these Regulations shall not violate statutory consumer rights due to defects in goods. The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable law.

8.12. The purchaser who is a consumer, regardless of the right to withdraw from the contract regulated in point 3 of the Regulations, has the right to withdraw from the contract within 18 weeks from the expiry of the period referred to in point 3.1 of the Regulations, while the Buyer who is not a consumer has the right to withdraw from the contract 20 weeks from the date of delivery, without giving a reason. In the event of withdrawal from the contract under this provision, the Seller shall charge a fee of 20% of the price of the goods. The fee is charged for the restoration of the product to the condition enabling its re-sale and for the reduction of the value of the product as a result of its use by the Buyer. This right of withdrawal concerns goods that are in good working order, with no mechanical damage and only traces of normal use of the goods, in accordance with its properties and intended use. The provisions of point 3 of the Regulations do not apply to the right to withdraw from the contract regulated by this provision.

8.13. A statement on withdrawal from the contract referred to in point 7.15, in order to be effective, it should be submitted in writing and delivered with the goods to the address of the Seller: Vasari Marzena Grzejda, ul. Tadeusza Kościuszki 46, 42-122 Ostrowy nad Okszą. In order to submit a statement of withdrawal from the contract, the Buyer may use, for example, Annex 2 to the Regulations. The date of the postmark decides about the withdrawal period.

8.14. Returned, on the basis of item 7.15, the goods should be complete, functional, without mechanical damage and wear only traces of normal use, consistent with the purpose and properties of the goods. The costs of returning the goods are borne by the Buyer. The seller does not receive shipments sent to him/her on delivery and is not responsible for the costs associated with them.

8.15. The competent court for resolving disputes arising in connection with the performance of the Agreement is the court competent for the registered office of the Seller. This provision does not apply to customers who are consumers.

8.16. The buyer who is a consumer has the opportunity to use extrajudicial means of dealing with complaints and redress. Detailed information on the possibility of using out-of-court complaint and redress mechanisms and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Out-of-court dispute resolution via the Internet between consumers and entrepreneurs is possible through the European ODR platform available at: http://ec.europa.eu/consumers/odr/.

8.17. A consumer who does not agree with the complaint may, on the basis of the Act of 23.09.2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), ask the authorized entity to resolve the dispute out of court. Register of the above authorized entities is kept by the President of the Office of Competition and Consumer Protection. Eligible entities maintain their websites enabling easy access to information on the conduct of out-of-court resolution of consumer disputes and allowing submission of an application to initiate such proceedings and submitting documents that should be attached to this application in electronic form. In addition, authorized entities make publicly available in a clear and understandable manner, including information on the types of consumer disputes that are dealt with by the authorized entity, information on the categories of consumer disputes, including entities and sectors covered by the competence of the given authorized entity and the regulations adopted by the authorized entity.

8.18. These Regulations shall enter into force on the day of publication on the website, ie on 01/09/2017.

WARRANTY CARD – HAIRMAX

This guarantee is granted by Marzena Grzejda, running a business under the name Vasari Marzena Grzejda, based in the town of Ostrowy nad Okszą (42-122), at Tadeusza Kościuszki street 46, NIP: 5741909574, REGON: 2415047, hereinafter referred to as the Guarantor.

The guarantor indicates that all devices sold by him are carefully checked, tested and subjected to strict controls in order to guarantee their highest quality. Therefore, the Guarantor provides a guarantee for the HairMax® devicese that he sells.

The provisions of this Guarantee are not intended to limit or exclude consumer rights resulting from mandatory provisions of law.

The Guarantor guarantees the following conditions:

1. The warranty covers only new electrical or electronic devices by HairMax® and related accessories. The warranty does not cover other goods offered by the Guarantor.

2. The warranty period is 24 months from the date of delivery to the buyer of the device purchased from the Guarantor. The warranty rights are vested in the buyer who purchased the device directly from the Guarantor. The guarantee is valid on the territory of the Republic of Poland.

3. The guarantor is liable for defects resulting from hidden production or material defects found during the warranty period, provided that:
3.1. the device was used in accordance with its intended purpose, the instruction manual and was properly maintained,
3.2. accessories recommended by the Guarantor were used,
3.3. the device has not been dismantled or modified by third parties unauthorized by the Guarantor,
3.4. work with the device was not continued after the first symptoms of the fault,
3.5. the serial number has not been removed to the extent that the number has not been identified or the factory seal has not been removed,
3.6. the device has not been overloaded due to excessive or improper use,
3.7. the device has not been mechanically damaged, flooded with liquids, dusted,
3.8. entitled to the guarantee did not know about the defect at the time the sale contract was concluded.

4. The warranty does not cover:
4.1. power cords,
4.2. communication cables,
4.3. replacement of overused parts (eg bulbs, lamps)
4.4. failures caused by overvoltage or overload of the electricity network,
4.5. small deviations from the norm, irrelevant from the point of view of the value and suitability of the device.

5. If a physical defect is found during the warranty period, the person entitled to the guarantee may request a free repair of the device. In particularly justified cases, the Guarantor may decide to replace the device with a new one (in the case of replacing the device with a new model, the Guarantor may replace the device with a new model).

6. The Guarantor may refuse to satisfy the claim of the person entitled to the warranty regarding the removal of the defect, when the cost of executing this request exceeds the price paid for the device. This provision does not apply to devices purchased by consumers.

7. In order to exercise the rights from the guarantee, the person entitled to the guarantee is obliged to deliver the device to the Guarantor. The costs of delivery of the device acquired as part of running a business shall be borne by the holder of the guarantee.

8. The basis for accepting a complaint under the warranty is a warranty card correctly filled in by the seller together with proof of purchase of the device.

9. Complaint should also contain:
9.1. a detailed description of the fault and the circumstances of the fault finding,
9.2. personal data and address of the holder of the guarantee.

10. If the complaint submission does not contain data that would allow proper settlement of the complaint, the Guarantor will request the person entitled from the guarantee to complete the application within a period of not less than 7 days. The time limit for the fulfillment of the warranty obligations by the Guarantor starts from the date of completing the complaint notification by the holder of the guarantee.

11. The device provided by the person authorized by the warranty should be clean and in a condition allowing for consideration of the complaint. In the case of delivery of a dirty device, the warranty will be considered after prior cleaning of the device at the expense of the person authorized by the guarantee, after obtaining the consent of the person authorized by the guarantee. The deadline for performing the obligations under the guarantee starts then from the day of cleaning the device. If the authorized person refuses to grant the device the device to be cleaned by the Guarantor, the device will be sent back at the expense of the person authorized by the guarantee.

12. The guarantor is obliged to perform the obligations arising from this guarantee within 31 days from the date of delivery of the device to him. The date of notification of the guarantee holder on the fulfillment of these obligations shall be deemed the date of performance of the obligations.

13. In case of any unwarranted claim by the owner of the guarantee, GUARANT will notify him/her, within the time specified in the above point, about the refusal to perform the warranty repair.

14. In the case of personal collection, the person authorized by the guarantee is obliged to pick up the device (at the Guarantor’s office) within 7 days from the date of notifying him that the Guarantor has performed a warranty repair or refusal to perform a warranty repair.

15. In case of failure to pick up the device within the period specified in the above point, the Guarantor shall request the entitled person to collect it within the set additional period of not less than 14 days. After the ineffective expiry of the additional period, the Guarantor shall charge the entitled person for the storage fee of the device in the amount of 2% of its value, not less than PLN 5, for each day of storage.

16. The risk of accidental loss or damage of the device in time from its release to the Guarantor to its receipt by the person authorized by the guarantee shall be borne by the Guarantor.

17. If it is necessary to make repairs not covered by the warranty, this repair can be made by the Guarantor at the expense of the person authorized by the guarantee, after obtaining the written consent of the person entitled to the guarantee and accepting the price of the diagnosis and the repair price of the device.

18. The warranty rights expire if the defect holder fails to notify the guarantee within 30 days from the date of its detection.

19. This warranty does not exclude, limit or suspend the rights of the person entitled under the warranty under the provisions of the warranty for defects in the item sold.

20. Repair or replacement under the terms of this limited warranty does not extend or renew the warranty period.