Terms and Conditions

Cushy Nails online store specifying, among other things, the rules for concluding sales agreements through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.
Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up their individual Account in the Store.
Consumer – consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity purchasing in the Store.
Regulations – these regulations.
Store – Cushy Nails online store operated by the Seller at https://cushynails.pl.
Seller – ALEKSANDRA KRECZMER, an entrepreneur conducting business activity under the name of Cushy Nails Aleksandra Kreczmer, entered into the Central Register and Information on Business Activity kept by the minister responsible for economic affairs and maintaining the Central Register and Information on Business Activity, NIP 6112828405, REGON No. 526316948, ul. Łężyca-Geologów, 66-016 Zielona Góra.

§ 2 CONTACT WITH THE SELLER

1. Address: Łężyca-Geologów Street, 66-016 Zielona Góra
2. E-mail address: shop@cushynails.pl
3. Phone: 668094708

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:

a) a device with Internet access,
b) a web browser that supports JavaScript and cookies.

2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods, including VAT.
2. The Seller points out that the total price of the order consists of the price indicated in the Store for the goods and, if applicable in a given case, the costs of delivery of the goods.
3. The goods selected for purchase should be added to the shopping cart in the Store.
4. Then the Buyer selects from those available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the placed order.
5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is identical to concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.
8. The Buyer may register in the Store, i.e. create an Account there or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

1. The placed order can be paid for, depending on the Buyer's choice:

a) via an external payment provider (prepayment) Przelewy 24;

b) by bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);

c) cash on delivery, payment to the Supplier upon Delivery (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance)

2. The customer is obliged to make the payment within 3 business days from the date of purchase.

3. In the event of the need to return funds for a transaction made by a customer, the Seller shall make the refund to the same payment instrument that the Customer used to make the payment.

4. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.

5. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver goods free from defects.
2. The order fulfillment deadline is indicated in the Store.
3. The order processing time is counted from the moment of obtaining positive payment authorization.
4. In a situation where the Buyer has purchased goods with different delivery times within one order, the order will be fulfilled within the time appropriate for the goods with the longest delivery time.
5. The goods are delivered only within Europe.
6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

a) via the courier company Inpost
b) to InPost parcel lockers
c) via DPD courier company
d) to DPD Pickup points
c) to ORLEN Paczka points

7. The order processing time is up to 2 business days from the posting of payment for the ordered goods to the Seller's account (or, in the case of payment by payment card, from the moment of obtaining positive payment authorization).

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the date of:

a) on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods;
b) on which the Consumer came into possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of several items that are delivered separately;
c) conclusion of a contract – in the case of a contract for the supply of digital content.

3. In order for the Consumer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
4. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

1. In the event of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from the contract.
2. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution; in each case, the Consumer will not incur any fees in connection with this refund.
3. The Seller may withhold reimbursement until receiving the goods or until proof of their return is provided, depending on which event occurs first.
4. The Seller requests that the goods be returned to the following address: ul. Łężyca-Geologów 8/39, 66-016 Zielona Góra immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Consumer sends the goods before the expiry of the 14-day period.
5. The consumer bears the direct costs of returning the goods.
6. The consumer is liable for damages for any reduction in the value of the item resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
7. In case of partial return of the order, shipping costs will not be refunded.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right to withdraw from a distance contract does not apply to the Consumer in relation to the contract:

2. In accordance with art. 395 of the Civil Code, both parties mutually reserve the right to withdraw from the contract in the event of failure to perform the contract within a specified period (e.g. failure to collect the goods or failure to pay). The Seller should provide a deadline by which the other party is obliged to pay. In the event of exceeding the deadline, the Seller, in accordance with his right, may submit a declaration of withdrawal from the contract and demand compensation for the damage resulting from the obligation.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer may make a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
2. By making use of the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:

a) submit a declaration of price reduction
b) in the event of a significant defect - submit a declaration of withdrawal from the contract
c) demand the exchange of the item for a defect-free one
d) demand removal of the defect

3. The Seller requests that complaints under the warranty be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
4. The consumer may use the sample complaint form attached as Annex , but this is not obligatory.
5. If it turns out that in order to consider the complaint it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver this goods in a relatively intact condition together with the proof of purchase, in the case of the Consumer at the Seller's expense, to the address ul. Łężyca-Geologów 8/39, 66-016 Zielona Góra.
6. If the product is covered by an additional warranty, information about it and its terms is available in the product description in the Store.
7. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
8. The complaint will be considered by the Seller within 14 days, and the refund for the purchased goods will be made within 7 business days.
9. In the event of the need to return funds for a transaction made by a customer, the Seller shall make the refund to the same payment instrument that the Customer used to make the payment .

OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES

1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:

a) mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
b) assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
c) free assistance from the municipal or district consumer ombudsman;
d) the ODR online platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The Seller is the administrator of personal data provided by the Buyer when using the Store. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data - can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:

a) sales contract or actions taken at the Buyer’s request to conclude it (Article 6, paragraph 1, letter b of the GDPR),
b) the Seller's legal obligation related to accounting (Article 6, Section 1, Letter c) and
c) the legitimate interest of the Seller consisting in the processing of data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).

3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the sales contract. Failure to provide data will prevent the conclusion of the sales contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:

a) the sales contract concluded between the Buyer and the Seller shall cease to be valid;
b) the Seller will no longer have a legal obligation to process the Buyer's data;
c) the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will cease;
d) the Buyer's objection to the processing of his personal data is accepted - if the basis for the processing of data was the legitimate interest of the Seller

– depending on what applies in a given case and what occurs latest.

5.The buyer has the right to request:

a) access to your personal data,
b) their rectification,
c) deletion,
d) processing restrictions,
e) transfer of data to another administrator,
f) to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the controller).

6. In order to exercise his/her rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
7. If the Buyer considers that his or her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing content of an illegal nature.
2. Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and purpose of order fulfillment.
3. Agreements concluded on the basis of these regulations are concluded in Polish.
4. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction for the Seller's registered office.
5. None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.
6. The provisions relating to goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.