Regulations of the napieknewlosy.pl store
What is this document and why is it so strange (for regulations)?
Since we offer you the best knowledge and hair care cosmetics, we want all your experiences when purchasing from us to be equally good. We also consider the way of presenting you with information regarding your rights and obligations as well as the rules under which you can make a purchase from us to be an element of such an experience. Serving you with a wall of text divided into paragraphs and filled with legal jargon is like sleeping with wet hair - we simply don't do it, and just like products containing Itchy M's, you won't find it in our store.
Instead, we created the document in the form of clear "questions and answers" (instead of traditional "paragraphs") to make it easier for you to find key information, and our lawyer sprinkled it with his specific sense of humor. This lawyer also found that good regulations, while ensuring access to the necessary information, cannot be long. We used Aga's hair as the "length" criterion - and in fact, after printing the text of the regulations, it is shorter than them.
Good - although the jokes are not over yet, remember that despite our sense of humor and the "non-legal" structure of the regulations and the use of understandable language, they define the content of the contract you conclude when making a purchase in the store.
1. Who runs the store? Who are you contracting with?
The store is run by Fractal Solutions sp. z o. o. The company's registered office is in Warsaw (00-833), and its registered address is ul. Sienna 72/8. Remember, however, that this is the company's registration address and is not used for returns or other correspondence related to the store (the address for this purpose can be found in point 2.)
The company is registered in the Register of Entrepreneurs of the National Court Register under KRS number 0000905800, and its registration files are kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register. Its NIP is 5272960840 and REGON is 389173213. The company's share capital is PLN 5,000.
This company, as the seller, will be the other party to the contracts you conclude using the store. However, to make it more familiar, when we refer to this company in the further part of the regulations, we will refer to it as "we". Nice to meet you!
2. How can you contact us? How will we contact you?
You can contact us in the following ways:
- at the e-mail address: kontakt@napieknewlosy.pl
- by phone: 797 379 540
- at the correspondence address: Chełmżyńska 253A 04-458 Warszawa
We, in turn, will communicate with you by e-mail, telephone, postal correspondence and through forms in our store.
3. Who can make a purchase in our store?
Our store can be purchased by both individuals, people running sole proprietorships, as well as legal persons and similar entities that are able to conclude contracts (e.g. companies, foundations and associations). Persons who, in accordance with the law, have the right to represent them (members of the management board or partners - depending on the type of entity) or have received appropriate authorization in the form of a power of attorney or commercial proxy, must act on behalf of legal persons and similar entities.
Minors over 13 years of age and partially incapacitated persons must have the consent of their legal guardian. Unfortunately, completely incapacitated persons and minors under 13 years of age cannot make a purchase on their own.
4. Who is a consumer and what does being a consumer involve? Am I a consumer when purchasing "for a company"?
If you buy something from us or open an account with us as a natural person and you do it without any direct connection with business activity, then according to the law you are so-called a consumer, which means that you are entitled to certain privileges, which will be further discussed in the regulations (in particular the right to cancel purchases within 14 days).
If you are making a purchase as a natural person running an individual business (yes, also when you are making a purchase "for a company"), but you are not making a purchase as a "professional", you will also have the consumer rights provided for in these regulations.
To illustrate - such a professional will be a person who resells hair cosmetics and buys them for this purpose (although this is strange, because it is as if they did not know about our super online wholesale b2b.wwwlosy.pl), while a "non-professional" will be a person who buys Banfi lotion, but as a fragrance for his company's office (yes, apparently there are people who like the smell of Banfi - Aga also thinks it's strange).
Entities other than natural persons will never have consumer rights.
5. What technical requirements do you need to meet to use the store? What is the minimum hair length that a store user must have?
All you need is a computer device (e.g. desktop computer, laptop, tablet, smartphone) with Internet access and a web browser with JavaScript and cookies enabled. We do not require any minimum hair length - even people without hair can buy (and actually buy) from us. After all, hair care is primarily about taking care of the scalp :)
6. What risks may occur when using the Store? What security measures do we use? What can you do to minimize the risk?
Using the store involves specific risks. These are not "physical" threats, but threats of an IT nature - such as an attempt by other people to impersonate our website and thus extort data or money from you or an attempt to illegally intercept communication between you and our store.
To minimize the risk of these threats mentioned earlier, we use various security measures: in particular the SSL certificate, which ensures encryption of communication between you and our store (i.e. prevents it from being "read" by other Internet users), and also allows you to verify , or the website you are on, definitely belongs to us.
You can also take some steps to improve your security. Always carefully verify that you are on our website - check carefully whether there are any typos in the website address and whether there is a green padlock symbol next to the address. Use computer equipment protected with antivirus software and a firewall, and avoid using public, unpassword-protected wireless networks (so if you are browsing drugstore shelves in a shopping mall and want to check whether it would be better to buy your shampoo from us, it is better to connect to the Internet with using a cellular network, not via store WiFi). Never provide your store account login details to anyone else.
7. What can't you do using the store? What consequences can you expect if you violate these prohibitions?
When using the store and communicating with us, you must not provide illegal content, take actions that destabilize the operation of the store or provide false personal data. For the sake of your hair, it's better not to do this, because if you violate these prohibitions, we may deprive you of the right to use the store.
8. What is an account? How to put them on and remove them?
The account is a free and optional (i.e. not necessary to make purchases) service that will make it easier for every hair fanatic to make purchases. It allows you to remember shipping addresses (so you don't have to enter them every time), and also allows you to easily access your order history, view their statuses, and the so-called storage, which allows you to save products that you want to buy later (which, however, does not involve any form of reserving them). You log in to your account using your individual login and password. You can also unsubscribe at any time: just send a request to our email kontakt@napieknewlosy.pl
You can register and log in to your account using your Facebook or Google account.
9. What is a newsletter? How to sign up and unsubscribe?
The newsletter is a free service in which you regularly receive e-mails from us containing information about our new products, promotions and hair curiosities. You can sign up for it via a special form on our website or by selecting the appropriate consent when registering an account.
You can unsubscribe from the newsletter in two ways: by sending us an appropriate message from the e-mail address you provided when subscribing to the newsletter, or by clicking the unsubscribe link included in each message received as part of the newsletter.
10. What is the product notification service?
If a product is unavailable in our store, on the product card you can select the "notify about availability" option, thanks to which you will receive an e-mail when the product is available again, so you can order it at lightning speed.
11. How to make a purchase in our store?
You make a purchase by placing selected products in the "cart" (the "add to cart" button located on the product list or on the product card). After adding the product to the cart, you can select other products (by clicking "continue shopping") or go straight to finalizing the order by clicking "place order". If you did not select the checkout option to make a purchase immediately after adding the product, you go to the summary of the basket contents (by clicking the "shopping cart" icon in the upper right corner of the page). After verifying that the products placed in the "basket" are correct, you click "order" and provide your data necessary for shipping (or log in to your account where these data have been saved), select the delivery method and payment method and confirm the purchase. After confirming the purchase, you will receive its confirmation by e-mail.
12. How and when do you pay for the ordered product?
You must pay for the goods purchased from us within 10 days from the date of purchase, otherwise it may be canceled. You can make payments via traditional transfer, fast payment services of Blue Media (operated by Blue Media SA based in Sopot at ul. Powstańców Warszawy 6) or Przelewy24 (operated by PayPro Spółka Akcyjna based in Poznań at ul. Kanclerska 15), in under which you can pay by BLIK and payment card, as well as PayPal (operated by PayPal (Europe) Sa rl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg). When choosing PayPal, an additional commission of 1% to 2% is charged depending on the region. We do not offer cash on delivery.
By accepting our regulations, you agree that we will provide you with a receipt in electronic form.
13. How and when will we deliver the ordered product to you? Is personal pickup possible? Do you ship abroad?
The products will be sent to you within 7 days from the moment of payment (and usually much faster, i.e. within about 2 days - after all, we know that it is difficult to survive without your favorite lotion), using the method you choose, i.e. Inpost courier, Inpost parcel locker, collection at a Poczta Polska point, DPD courier and Pocztex 48 courier.
Unfortunately, we do not offer personal pickup.
We also ship internationally, but individual countries may vary in delivery options. It may happen that we suspend shipments to some countries for technical reasons. You can find current information on this topic here . For shipments abroad, the delivery time depends on each destination country and is consistent with the estimated deadlines (so people who depend on their medicine should order in advance).
14. What is our responsibility for the goods?
"Defect-free and as described" - this is the product we are obliged to deliver to you. If we deliver a defective product to you, you can use the so-called warranty, which allows you, among other things, demand repair of the goods. However, since it is difficult to imagine repairing, for example, a hair wash (we cannot even imagine what it would look like), you have to be satisfied with the remaining rights - replacement with non-defective goods, price reduction or finally withdrawal from the contract (i.e. resignation). from your purchase and requesting a refund). According to the law, the warranty lasts for two years.
Change from 08/02/2023:
"Defect-free and as described" - this is the product we are obliged to deliver to you. If we deliver a defective product to you, you can use the so-called warranty, which allows you, among other things, demand repair of the goods. However, since it is difficult to imagine repairing, for example, a hair wash (we can't even think of what it would look like), you probably have to be satisfied with the remaining rights - replacement with non-defective goods, price reduction or, finally, withdrawal from the contract (i.e. canceling the purchase and requesting a refund). Remember that you must first request a replacement of the goods, and you can only withdraw or request a price reduction in cases specified by law (i.e. in particular, if we refuse to put the goods in order, we do not do so despite your request, the goods are still defective despite the exchange or also when the defect is so serious that it justifies withdrawal from the contract or reduction of the price immediately).
According to the law, the warranty lasts for two years.
We are also legally responsible for the provision of digital services that we provide free of charge - i.e. newsletter, account and product notifications. If they function incorrectly, you can demand that they be put in order, and in selected cases (as in the case of liability for physical products described above), withdraw from the contract or demand a price reduction. We know that in the case of free services it sounds like nonsense, but they told us to inform you about it, so we are informing you 😊
15. How can you make a complaint?
If you have any reservations about the operation of the store, our products or anything else (although we sincerely warn you that we will listen and comfort you when it comes to complaints about what is happening in the Sejm, but we are not particularly able to help effectively in this regard) you can submit a complaint - in writing or e-mail, using the contact details indicated in point. 2. In the complaint, indicate your personal data, the product to which you have reservations and a description of these reservations, and describe your request in connection with the complaint. To make our work easier, if the complaint concerns a specific order, please also indicate its number - both in the complaint and on the shipment in which you return the goods (in the case of physical products). Please remember to contact us before returning a defective physical product - we will then determine whether it is necessary to return the product in order to process the complaint.
We will consider your complaint and inform you about our decision within 14 days of submitting it. If we are unable to do so within this period, we will inform you of the reasons and indicate a new deadline for examining the complaint, no longer than the next 14 days.
Change from 08/02/2023:
If you have any reservations about the operation of the store, our products or anything else (although we sincerely warn you that we will listen and comfort you when it comes to complaints about what is happening in the Sejm, but we are not particularly able to help effectively in this regard) you can submit a complaint - in writing or e-mail, using the contact details indicated in point. 2. In the complaint, indicate your personal data, the product to which you have reservations and a description of these reservations, and describe your request in connection with the complaint. To make our work easier, if the complaint concerns a specific order, please also indicate its number - both in the complaint and on the shipment in which you return the goods (in the case of physical products). Remember to contact us first before returning a defective physical product - we will then determine whether it is necessary to return the product in order to process the complaint or we will offer to collect it from you.
We will consider your complaint and inform you about our decision within 14 days of submitting it. If we are unable to do so within this period, we will inform you of the reasons and indicate a new deadline for examining the complaint, no longer than the next 14 days.
16. How can you cancel your purchases? When can't you do this? What does withdrawal from the contract involve? Can I return an already opened package?
Giving up our cosmetics? This would be quite strange, but theoretically it is possible. Everyone sometimes just has second thoughts - but it's important to do it before opening the package, but more on that in a moment.
As a consumer (explanation of this word in point 4), within 14 days from the date of receipt of the physical product (or the delivery person leaves it with another person), you have the right to withdraw from the purchase without giving reasons (in legal language, this is the so-called withdrawal from the contract). Withdrawing from the contract can be compared to using a solid scraper - returning to zero. It's as if you had never made a purchase - we must refund any money you paid within 14 days, and you must return the received product to us within the same period. However, we have the option to wait with the refund until the goods have been returned or proof of their return has been provided.
How to resign in practice? It's easy! Just inform us about it in writing or by e-mail using the contact details found in point. 2. To comply with the 14-day deadline, it is enough to send the declaration before its expiry. Withdrawal may be made easier by a special form, which can be found at the end of the regulations, but you do not have to use it. We ask you to include the order number in the declaration of withdrawal and when returning the goods - it will make our work easier.
However, remember that you may incur certain costs in connection with the withdrawal. You return the product at your own expense, and if it is used to a greater extent than necessary to familiarize yourself with it, you will be obliged to compensate us for the loss of its value. And here – a sudden twist! What we have described above will apply to everything else, except products that are sold in sealed packaging for hygiene reasons. In the case of such products, once you open the packaging, you lose the right to cancel the purchase because the product is no longer suitable for sale.
Change from 08/02/2023:
Giving up our cosmetics? This would be quite strange, but theoretically it is possible. Everyone sometimes just has second thoughts - but it's important to do it before opening the package, but more on that in a moment.
As a consumer (explanation of this word in point 4), within 14 days from the date of receipt of the physical product (or the delivery person leaves it with another person), you have the right to withdraw from the purchase without giving reasons (in legal language, this is the so-called withdrawal from the contract). Withdrawing from the contract can be compared to using a solid scraper - returning to zero. It's as if you had never made a purchase - we must refund any money you paid within 14 days, and you must return the received product to us within the same period. However, we have the option to wait with the refund until the goods have been returned or proof of their return has been provided.
How to resign in practice? It's easy! Just inform us about it in writing or by e-mail using the contact details found in point. 2. To comply with the 14-day deadline, it is enough to send the declaration before its expiry. Withdrawal may be made easier by a special form, which can be found at the end of the regulations, but you do not have to use it. We ask you to include the order number in both the declaration of withdrawal and when returning the goods - it will make our work easier.
However, remember that you may incur certain costs in connection with the withdrawal. You return the product at your own expense, and if it is used to a greater extent than necessary to familiarize yourself with it, you will be obliged to compensate us for the loss of its value. And here – a sudden twist! What we have described above will apply to everything else, except products that are sold in sealed packaging for hygiene reasons. In the case of such products, once you open the packaging, you lose the right to cancel the purchase because the product is no longer suitable for sale.
They also told us to inform you that you can withdraw from the services we provide to you free of charge - i.e. newsletter, account and product notifications - within 14 days on similar terms. This doesn't make much sense, because you can unsubscribe from them at any time anyway, and since they are free, we have nothing to "pay back", but as a law-abiding store, we share this invaluable information with you.
17. Can we change the regulations?
It may happen that we change the store's regulations (e.g. when we finally decide that our lawyer turned out to be too creative). We will do this by announcing the new wording of the regulations on our website and notifying all customers who have an account in the store. After 15 days from such notification, the changes become effective - however, they will not worsen your situation in any way if you have made a purchase earlier.
If you have an account in our store and you do not agree to the change in the regulations, you will have to delete it before the new regulations enter into force. Otherwise, the new content of the regulations is binding on you.
Change from 08/02/2023:
It may happen that we change the store's regulations, e.g. when we finally decide that our lawyer turned out to be too creative. But seriously, it can happen in the following situations:
- there will be a force majeure that will force us to do this (wars, natural disasters and such unpleasant phenomena),
- the relevant legal provisions will change (and this often happens in our country) or it will result from a judgment or administrative decision,
- there will be any significant changes in our business (e.g. changes in our offer or changes in contracts with other companies),
- we will notice in the practice of our store provisions that raise doubts (even though our lawyer said to Aga "you will be satisfied!") or lead to unpleasant abuses (in legal terms "contrary to the principles of social coexistence") of rights, e.g. by some nasty hair maniacs (though that's an oxymoron, right?).
We will do this by announcing the new wording of the regulations on our website and notifying all customers who have an account in the store. After 15 days from such notification, the changes become effective - however, they will not worsen your situation in any way if you have made a purchase earlier. The change may enter into force earlier if it results from a change in law or a decision of a court or administrative body.
If you have an account in our store and you do not agree to the change in the regulations, you will have to delete it before the new regulations enter into force. Otherwise, the new content of the regulations is binding on you.
18. What can you do if there is any dispute between you and us?
If you get angry because the lotion gets into your eyes and starts to sting, or for other reasons there is a dispute between you and us regarding purchases made, these regulations or the use of the store, we will first try to settle it through negotiations.
If the negotiations do not produce a positive result, you can of course take legal action, but this is only one of the options. It is worth considering using generally cheaper and faster out-of-court methods of resolving such disputes - e.g. mediation conducted by the Trade Inspection or the Permanent Consumer Arbitration Court at the provincial inspectorates of the Trade Inspection or Ultima RATIO. The First Electronic Court of Arbitration at the Association of Notaries of the Republic of Poland in Warsaw.
We must also inform you (because "the EU orders") that a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. It is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract. Supposedly, someone even used it once, but these may just be rumors.
You can also use the free assistance of the district (municipal) consumer ombudsman or a social organization whose tasks include consumer protection (including the Consumer Federation).
19. Anything else you need to know?
Yes! You need to find out how to choose the right lotion - you can find information on this here .
And when it comes to legal matters, nothing comes to mind. However, if after reading this document, anything regarding the terms of purchase is unclear to you, please contact us using the contact details provided in point. 2
ATTACHMENT
SAMPLE WITHDRAWAL FORM.
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee: FRACTAL SOLUTIONS sp. z o. o., Chełmżyńska 253A, 04-247, Warsaw, e-mail: kontakt@napieknewlosy.pl
- I/We (*) hereby inform (*) about my/our withdrawal from the contract for the sale of the following items (*) contract for the delivery of the following items (*) contract for specific work consisting in the performance of the following items (*)/for the provision of the following service (*)
- Date of conclusion of the contract(*)/acceptance(*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.