Regulations of the Hollywood Hair online store
§1
Preliminary provisions
- The Hollywood Hair online store, available at hollywoodhair.pl, is operated by HOLLYWOOD HAIR KLAUDIA DUSZYŃSKA with its registered office in Warsaw, ul. Belwederska 44, 00-594 Warsaw, NIP (Tax ID No.) 5060093284, REGON (Business ID No.) 147365472
- These Regulations are addressed to the Customers of the Store and define the rules and mode of conclusion with the Customers of distance Sales Contracts through the Store.
- The Customers of the Online Store may be adult natural persons having at least limited legal capacity and legal persons or organisational units without legal personality, having legal capacity and capacity to perform acts in law.
- The information included on the website of the Store referring to the Products (together with prices) does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract set out in Article 71 of the Civil Code.
§2
Definitions
- Seller – HOLLYWOOD HAIR KLAUDIA DUSZYŃSKA with its registered office in Warsaw, ul. Belwederska 44, 00-594 Warsaw, NIP (Tax ID No.) 5060093284, REGON (Business ID No.) 147365472
- Customer – any entity purchasing products through the website of the Store.
- Consumer – a Customer being a natural person purchasing products in the Online Store in the scope not directly connected to its economic or professional activity (pursuant to Article 22(1) of the Act of 23 April 1964 Civil Code (Journal of Laws 1964.16.93)
- Store – the online store operated by the Seller available at www.hollywoodhair.pl
- Distance contract – a contract concluded with the Customer under an organised distance sales scheme (as part of the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- Regulations – these regulations of the Store.
- Order – a declaration of will of the Customer submitted with the use of an Order Form and aiming directly at concluding a Contract for the Sale of a Product or Products with the Seller.
- Customer’s Account in the Store – space within the Store made available to the Customer in accordance with the Contract for the Provision of Services, allowing the Customer to use additional functionalities/services. The Customer is provided with access to the Customer’s Account using Login and Password. The Customer logs into his/her Account after registration on the website of the Store. The Customer’s Account allows saving and storing address information of the Customer to send Goods, track the status of the Order, access the Order history;
- Registration Form – a form available in the Store, allowing the creation of an Account.
- Order Form – an interactive form available in the Store allowing to place an Order, in particular through adding Products to the Shopping Cart and specifying the provisions of the Sales Contract, including the method of delivery and payment.
- Shopping Cart – a piece of software of the Store, where the Customer can view Products selected for the purchase, it also contains a possibility to determine and modify Order details, in particular the quantity of products.
- Goods – a movable thing presented in the online Store, which can be the subject of a sales contract, specified in detailed in the order.
- Sales Contract/Contract – a sales contract within the meaning of the provisions of the Act of 23 April 1964 Civil Code, as amended (i.e. Journal of Laws of 2016, item 380), concerning a sale by the Seller to the Customer of Goods against payment of the Price increased by additional fees, if any, including shipping costs, the conditions of which are defined in particular by these Regulations, concluded between the Customer and the Seller in the manner set out in these Regulations, i.e. is in particular concluded with the use of means of distance communication. The Sales Contract determines in particular the Goods, its main characteristics, Price, shipping costs and other material conditions;
§3
Contact with the Store
- Address of the Seller: ul. Belwederska 44, 00-594 Warsaw
- E-mail address of the Seller: kontakt@hollywoodhair.pl
- Bank account number of the Seller: 63 1020 1013 0000 0402 0340 4530
- The Customer may contact the Seller with the use of the addresses provided in this paragraph.
§4
Technical requirements
In order to use the Store, including to view the assortment of the Store and place orders for Products, it is necessary to:
- have terminal equipment with access to the Internet, a web browser and an active e-mail account,
- enable cookies support.
§5
General information
- To the fullest extent permitted by the applicable law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the online Store with the technical infrastructure of the Customer.
- Viewing the assortment of the Store does not require setting up an Account. Placing orders by the Customer for the Products of the Store’s assortment is possible either after setting up an Account in accordance with the provisions of Article 6 of the Regulations or by providing necessary personal and address details allowing for the implementation of the Order without setting up an Account.
- Prices in the Store are presented in Polish zloty and are gross prices (they include VAT).
- Settlement of transactions by credit cards and online transfers takes place through PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, national payment institution, supervised by the Polish Financial Supervision Authority, entered to the Financial Services Register under number: IP1/2012, entered to the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000274399, with share capital of PLN 4,944,000, paid in full, having a tax identification number (NIP): 779-23-08-495, REGON 300523444, pursuant to regulations available at: https://poland.payu.com/dokumenty-prawne-do-pobrania/
§6
Creating an Account in the Store
- In order to create an Account in the Store, it is necessary to complete the Registration Form. It is necessary to provide the following data: first name, surname, shipping address, phone number and e-mail address of the Buyer.
- Creating an Account in the Store is free of charge.
- Logging into the Account takes place by providing login and password determined in the Registration Form.
- The Customer has the possibility to anytime, without stating the reason and bearing the consequences therefrom, delete the Account by sending a relevant request to the Seller, in particular by e-mail or in writing to the addresses provided in Article 3.
§7
Rules for placing Orders
- Every use of functionalities of the online Store, including viewing the Goods offered, shall be tantamount to accepting these Regulations, the Privacy Policy and the Cookies Policy.
- Each order of Goods in the Online Store shall be tantamount to accepting the conditions of providing the Service, included in the document or documents (in the form of Regulations and others) describing the rules for the provision of sales by the Online Store. The current content of these documents is publicly available on the websites of the Online Store at www.hollywoodhair.pl
- Placing orders in the Online Store is possible 7 days a week, 24 hours a day.
- In order to place an Order, the Customer needs to:
- Go to www.hollywoodhair.pl and click the STORE tab; choose the Product being the subject of the Order, and then click the “Add to Cart” button;
- log in or use the possibility to place an Order without registration;
- if the Customer chose to place an Order without registration – fill in the Order Form by providing the recipient’s data, and the address to which the Product is to be delivered, choose the method of shipment (method of delivery of the Product), enter invoice information if different than the recipient’s data.
- click the “Order and pay” button and confirm the Order by clicking the link sent by e-mail;
- choose one of the available methods of payment and, depending on the chosen method of payment, pay for the order within the deadline, subject to Article 8 point of the Regulations;
§8
Offered methods of delivery and payment
- The Customer may use the following delivery or collection methods of the ordered product:
- Postal item, postal COD,
- Courier delivery, courier COD
- Delivery via Paczkomaty InPost
- The Customer may use the following payment methods:
- Cash on delivery
- PayU: quick electronic transfer, payment by credit card
- Detailed information about the delivery methods and the acceptable methods of payment can be found on the Store website.
- The delivery cost shall be borne by the Buyer, unless otherwise stated by the Seller in the Store.
§9
Performance of the Sales Contract
- Conclusion of the Sales Contract between the Customer and the Seller takes place upon submitting by the Customer of an Order via the Order Form in the Online Store, in accordance with Article 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its reception and accepts the Order for implementation. The Seller confirms the receipt of the Order and accepts it for implementation by sending to the Customer a relevant e-mail message to the e-mail address provided by the Customer when placing the Order, which contains at least statements of the Seller about the reception of the Order, its acceptance for implementation and confirmation of conclusion of the Sales Contract. The Sales Contract shall be concluded between the Customer and the Seller upon reception by the Customer of the above e-mail message.
- If the Customer chooses to:
- pay by quick electronic transfer or credit card, the Customer shall make payment at the moment of submitting the Order, otherwise the Order will be cancelled.
- pay at the reception of the order, the Customer shall make payment at the reception of the order.
- The Product will be sent by the Seller within 3 working days, whereby the term shall be counted from the date of posting the full price of the goods together with the shipping cost. In the case of COD (cash on delivery) shipments, the term of 3 days shall be counted from the moment of a correctly placed Order by the Buyer.
- In the case of ordering Products with different dates of delivery, the applicable date of delivery shall be the longest provided deadline.
- The delivery of the Product takes place only in Poland. There is a possibility to ship the Products to a foreign country upon a prior agreement with the Seller, using the contact form set out in Article 3. The price of a shipment abroad shall be calculated on a case-by-case basis, taking into account the destination, the quantity of ordered Products and the shipping method.
§10
Right of withdrawal
- The Consumer may within 14 days withdraw from the Sales Contract without stating any reason.
- The period set out in section 1 shall start to run from the moment of delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
- In the case of a Contract including multiple Goods, which are delivered separately, in lots or in pieces, the deadline indicated in section 1 shall run from the moment of delivery of the last article, lot or piece.
- The Consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller. In order to comply with the deadline of withdrawing from the Contract, the Consumer shall send the declaration before the expiry of this deadline.
- The declaration may be sent by traditional post or electronic mail, by sending the declaration to the e-mail address – contact data of the Seller are set out in Article 3. The declaration may also be submitted on a form, the specimen in which is provided in Appendix 1 of these Regulations, and an annex to the Act of 30 May 2014 on Consumer Rights, but this is not obligatory.
- In the case the Consumer sends the declaration by electronic means, the Seller shall immediately confirm the reception of the declaration of withdrawal from the Contract by sending a return e-mail to the e-mail address provided by the Consumer.
- Effects of withdrawal from the Contract:
- In the case of withdrawal from a distance Contract, the Contract shall be considered not concluded.
- In the case of withdrawal from the Contract, the Seller shall immediately, not later than within 14 days from the day of reception of the Consumer’s declaration of withdrawal from the Contract, return all the payments made by the Consumer, including shipping costs, except additional costs resulting from the delivery method chosen by the Consumer, other than the least expensive delivery method offered by the Seller.
- The Seller shall return the payments with the use of the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed on another solution, which will not involve any costs borne by the Consumer.
- The Seller may withhold the return of payments until the Product is returned or until the moment of reception of a proof of its shipment, whichever is earlier.
- The Consumer shall immediately return the Goods to the address of the Seller provided in Article 3 (1), not later than 14 days from the day on which it informed the Seller about the withdrawal from the Contract. The deadline shall be considered met if the Consumer returns the Product before the expiry of 14 days.
- The Consumer shall bear the direct costs of return of the Goods, also in the case when the nature of the Goods did not allow to return them in an ordinary way.
- The Consumer shall be liable only for the decrease in the value of the Goods resulting from its use in a matter other than necessary to determine the nature, features and functioning of the Goods.
When, as a result of the nature of the Goods, they cannot be returned in an ordinary way by post, the information about it, and about the costs of returning the Goods, will be included in the description of the Product in the Store. - The right to withdraw from the distance contract shall not be granted to the Consumer in relation to the Contract:
- the subject of which is a non-prefabricated item, produced according to Consumer specifications or addressing its individual needs.
- the subject of which is an item delivered in a sealed package, which upon opening cannot be returned due to the protection of health or for hygienic reasons, if the package was opened upon delivery.
- the subject of which is an item which is liable to deteriorate or expire rapidly,
- for the provision of services, if the Seller has fully completed the service with the explicit approval of the Consumer, who was informed before the commencement of the service, that after the provision of the service it will lose the right to withdraw from the Contract,
- in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not have control and which may take place before the expiry of the deadline to withdraw from the Contract.
- the subject of which are items, which after being delivered, due to their nature, are inseparably attached to other items,
- As of 1 January 2021, the right to return goods set out in Article 10 – the right to withdraw from the contract, shall also refer to the so-called sole traders, i.e. natural persons conducting transactions directly related to the activities they perform, unless these transactions are not of a professional nature for these persons.
§11
Warranty
- The Seller shall be liable towards the Consumer in accordance with the rules set out in Article 556 of the Civil Code et seq. for defects (warranty).
- In the case of a contract with the Consumer, if a physical defect was found before the lapse of two years from the moment of delivering the times, it is assumed that it existed at the time of passing the risk to the Consumer.
- If the item sold turns out to be faulty, the Consumer may:
- submit a statement requesting a price reduction – in proportion in which the value of the faulty item remains in relationship with the value of a non-faulty item.
- submit a declaration of withdrawal from the contract – resulting in the obligation to return mutually fulfilled obligations – this right is granted only in the situation in which the defect of the item is significant, which means that it makes it impossible to use it according to its intended purpose and characteristics;
- submit a statement requesting a repair – in the situation where the item can be repaired;
- submit a statement requesting a replacement of the item with a defect-free item – if the Seller has the same defect-free item in stock;
- As of 1 January 2021, in the case of the so-called sole traders, i.e. natural persons conducting transactions directly related to the activities they perform, unless these transactions are not of a professional nature for these persons.
- The Seller has the obligation to handle a complaint on warranty within 14 calendar days from the moment of its submission.
- There is a presumption that a fault or its cause existed at the moment of issuing the goods to the buyer, if it was detected before the expiry of a year from the moment of the release of goods.
§12
Complaints
- The Sales Contract covers new Goods.
- In the event of an occurrence of a defect of the Goods purchased from the Seller, the Customer shall have the right to submit a complaint based on the provisions on warranty in the Civil Code.
- The complaint shall be submitted in writing or by electronic means to the addresses of the Seller set out in these Regulations.
- It is recommended to include, among others, the following details in the complaint: a short description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint and a request of the Customer related to the defect of the Goods, it is also necessary to present a proof of the defect in the form of photographic documentation or a video.
- The Seller shall immediately respond the complaint request, and if the Customer is a Consumer – not later than within 14 days from the moment of receiving the complaint. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is assumed that the request of the Customer was found justified.
- The Goods returned as part of the complaint procedure shall be sent to the address set out in Article 3 hereof. The Seller reserves that it will not accept the Goods sent with the COD payment method.
- If the complaint is handled in favour of the Customer – the Seller shall immediately replace the faulty Goods with defect-free Goods or to remedy the defect. In case of impossibility to replace the Goods, remedy the defect of the Goods or reduce the price, the Company shall immediately return the payment in accordance with applicable provisions of law.
§13
Personal Data in the Online Store
Provisions concerning the protection of personal data and the cookies policy are included in the Privacy Policy, available at: www.hollywoodhair.pl/polityka-prywatności.
§14
Final provisions
- The Seller is entitled to copyrights or an appropriate licence to the photos and content included on the website of the Online Store. Copying and disseminating them without the consent of the Seller is prohibited.
- Names of the Goods available on the website of the Online Store may be protected pursuant to the provisions of the Act of 30 June 2000. Industrial Property Law.
- In matters not regulated in the Regulations, the applicable provisions of law shall apply, among many: the Act of 23 April 1964 the Civil Code, the Act of 30 May 2014 on Consumers Rights and the Act of 29 August 1997 on the Protection of Personal Data.
- The Seller does not apply the code of good practice within the meaning of the Act of 23 August 2007 on Combatting Unfair Commercial Practices.
- The Contracts concluded through the Online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Regulations for important reasons, i.e.: change in the provisions of law, change in the methods of delivery and payment – insofar as these changes affect the implementation of the provisions of the Regulations. The Seller shall inform the Customer of each change at least 7 days in advance.
- In matters not regulated in the Regulations, the applicable provisions of law shall apply, among many: the Act of 23 April 1964 the Civil Code, the Act of 30 May 2014 on Consumer Rights and the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”).
- The Customer has the right to use out-of court means of handling complaints and pursuing claims. Rules of access to these procedures are available at the offices or the websites of the entities responsible for out-of-court settlement of disputes. In particular, these may be consumer ombudsmen or the Regional Inspectorate of Trade Inspection, the list of which is available on the website of the Competition and Consumer Protection Office. Moreover, the Customer may lodge a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- There Regulations are in force from 2021.
APPENDIX 1 TO THE REGULATIONS
sample form for withdrawal from the contract
This form shall be completed and sent only in the case of the will to withdraw from the contract.
Recipient: „Hollywood Hair Klaudia Duszyńska” ul. Belwederska 44, 00-594 Warsaw, e-mail:
contact@hollywoodhair.pl.
RETURN FORM
Your Order No. ………………
Instructions to return a product:
- Verify the product
In order to return a product, make sure that it is placed in its original packaging, does not contain traces of use and the hygienic protections have not been removed.
- Complete the form
Complete this form in a legible manner. Remember that you dispose of 14 days from the moment of receiving the package to return the product.
- Wrap the product
Carefully pack the products you want to return and include this completed form in the package.
- Send the product
Send it to the following address: Hollywood Hair Belwederska 44. 00-594 Warsaw. Remember that we do not accept COD return shipments.
YOUR DATA:
First name and surname ……………………………………………..……………………..……………….
Street and house number ……………………………………………..……………………..…………….
City/town ……………………………………………..………..………..………..………..……….……
Postal code …………………………………………..………..………..……………..…………..
E-mail …………………………………………………..………..………..………..……………..…..
Phone ……………………………………………………………..………..………..………..………
Bank account number ………………………………………..………..………..………………..
In the case of payment made using the PayUl system, the reimbursement will be made with the use of these services.
INFORMATION ABOUT THE PRODUCT:
We know that providing the reason of return is voluntary, but your opinion allows us to change for better.
1. The product is damaged
2. The seller shipped the wrong product
3. The product was a gift
4. Other (place specify) ………………………………………..………..……………………..………………..……………………………….
Legible signature
I declare that I am aware of the conditions of returns/complaints, contact us: products indicated in the Store Regulations available kontakt@hollywoodhair.pl at: hollywoodhair.pl