Regulations
§1 General provisions
1.These Regulations determine the general conditions, terms and manner of electronic services and sales conducted via the Online Store charlene.com.pl
2. Contact with the Seller takes place via e-mail: kontakt@charlene.com.pl and by phone on weekdays between 9:00 – 15:00 on the number +48 691 801 275
3. The Internet shop is run by the company CHARLENE KRZYSZCZAK JEGLICKI SPÓŁKA JAWNA, AL. GRUNWALDZKA 56 / 113, 80-241 GDAŃSK , entered in the Register of Entrepreneurs of the National Court Register (KRS) under the number 000083969, NIP 9571123806,Address for correspondence: CHARLENE, Al. Grunwaldzka 56/113, 80-241 Gdańsk.
§ 2 Definitions
The terms used in the Regulations mean:
1. working days – days from Monday to Friday excluding public holidays.
2. Customer – a natural person with full or limited legal capacity not being an entrepreneur, who places an Order in the Online Store or uses other services available in the Online Store. 3.
3. Goods – products presented in the Internet Shop, whose description is available next to each of the presented products.
4. Order form – Electronic Service that enables the placement of an order.
5. Order – Customer’s declaration of will that aims directly at concluding the Sales Agreement, in particular specifying the type and number of Goods.
6. Contract of sale – contract of sale of a product concluded or entered into between the Customer and the Seller via the Online Store.
7. Newsletter – Electronic service provided by the Seller via e-mail, which allows you to receive from the Seller information about Products, news and promotions at the Online Store.
8.Entrepreneur/Customer on the rights of the Consumer – a natural person entering into a sales contract with the Seller directly related to the Seller’s business, when the content of the contract shows that it does not have a professional character for him, resulting in particular from the subject of the business activity performed by the Seller, made available on the basis of the provisions on the Central Register and Information on Business Activity.
§ 3 Online Shop usage and provided services
1. The Seller allows via the Online Store to use the free services that are provided by the Seller 24 hours a day, 7 days a week.
2. The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, a valid e-mail address should be provided or an appropriate field in the Order form should be activated. The Customer may at any time revoke consent to sending commercial information. The Newsletter service agreement is entered into for an indefinite period of time and shall be terminated upon the Customer’s request to remove his/her email address from the Newsletter subscription service. In this case the Seller will remove the Customer’s email address without undue delay. 3.
3. The Customer has the opportunity to place in the Online Store individual and subjective statements relating to such things as Goods or the course of the transaction
and adding photos to the statements. By adding statements, the Customer declares that he or she owns all rights to this content, in particular, copyright, related rights and industrial property rights.
4. Statements and photos should be edited in a clear and comprehensible manner, moreover, they may not violate applicable laws, including third party rights – in particular they may not have a negative impact on the rights of third parties.
In particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition. 5.
5. The Seller shall be entitled to refrain from posting statements that are inconsistent with the facts, contrary to the law, infringing the rights of third parties or the Seller (in particular personal rights, copyright, neighboring rights, industrial property rights or other) or contrary to the principles of social intercourse or morality.
6. By posting statements and photos, the Customer agrees to the free use of these statements and photos and their publication by the Seller, as well as the development of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
7. In case of violation by the Customer of the provisions of these Terms and Conditions, the Seller, after an ineffective prior call to cease or remove the violations, setting the appropriate time limit, may terminate the contract for the provision of services with 14 days notice.
8. Seller has the right to organize occasional competitions and promotions, the terms of which will be given on the pages of the Shop.
9. Online Store promotions are not combinable, unless the Rules of a particular promotion provides otherwise.
§ 4 Procedure for conclusion of a contract of sale
1. Information about the Goods given on the websites of the Online Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract.
2. All Goods available in the Online Store are brand new and free from physical and legal defects.
3. To place an order it is necessary to fill out an order form.
4. Filling out the order form is tantamount to concluding a contract of sale by the Buyer and accepting the shop rules.
5. The regulations are an integral part of the sales contract concluded with the customer.
6. The conclusion of a contract of sale is conditional on acceptance of the Rules by the Customer.
7. In the summary of the order there is information about the total price of the item and the cost of delivery. The Customer is informed of all costs while filling in the order form.
8. Shop www.charlene.com.pl does not have other hidden costs.
9. The order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a contract of sale of the Goods that are the subject of the Order. The offer made in electronic form is binding on the Customer if the Seller sends to the e-mail address provided by the Customer confirmation of acceptance for execution of the Order, which is a statement of the Seller’s acceptance of the Customer’s offer, and at the moment of its receipt by the Customer the contract of sale is concluded.
10. After concluding a contract of sale, the Seller confirms to the Customer its terms by sending them to the e-mail address of the Customer
11. Shop has the right to refuse an order, cancel the contract of sale, restrict the method of payment or require prepayment if the order raises
reasonable doubt as to the validity and reliability of the data provided or method of payment.
12. The parties are bound by the information contained on the Store website next to the purchased goods at the time of order, in particular: the price, product characteristics, features, items included in the set, delivery date and method.
13. When the Customer pays for the ordered goods with the payment method described in
§5 par.2a of these Terms and Conditions, and the Seller receives confirmation from the settlement agent system that the payment has been made by the Customer, the Sales Agreement becomes a confirmation of the Customer’s purchase.
14. When the Customer pays for the ordered goods using the payment method described in §5 par.2b of these Terms and Conditions, the Sales Agreement becomes a confirmation of the Customer’s purchase after the parcel is collected from the courier and the Customer pays the total amount for the order.
15. The order is recorded in the system of the online shop as proof of conclusion of the contract.
§ 5 Prices, payment methods and dates. Dispatch of goods.
1. Prices of Goods are given in Polish zloty.
2. The price of a product listed on the website is the lowest price the product has achieved in the last 30 days. If a product has been unavailable or not offered by the shop in the last 30 days, the price shown is the lowest price the product has reached since it was introduced to the shop. The shop reserves the right to change the price of a product at any time without prior notice.
3. The Customer may choose the following payment methods: a. electronic payment, including payment card (* Visa * Visa Electron * MasterCard * MasterCard Electronic * Maestro ) (in this case, processing of the Order shall be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the system of the settlement agent that the payment has been made by the Customer, and the shipment shall be made immediately after completion of the Order); b. cash on delivery, payment of the supplier at the time of delivery (in this case execution of the Order and its dispatch will be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order and completion of the Order).
4. If the Customer chooses electronic payment, the Customer is obliged to make payment within 3 calendar days from the conclusion of the Sales Agreement. In the absence of payment by the Customer within the period referred to in the previous sentence, the Seller may withdraw from the contract of sale under Article 491 of the Civil Code.
5. The entity providing online payment services is Blue Media S.A. based in Sopot, Powstańców Warszawy 6 Street, entered in the Register of Entrepreneurs of the National Court Register under KRS 0000320590, holding tax ID NIP 5851351185 and REGON 191781561.
6. If the Customer chooses to pay cash on delivery, the Customer is obliged to pay cash on delivery.
7. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding a sales contract.
§ 6 Delivery
1. Delivery of the Goods is limited to the countries of Europe and takes place to the address indicated by the Customer in the course of placing the Order.
2. the Customer may choose the following methods of delivery of the ordered Goods: a. via courier company, b. via postal operator, c. via Parcel Post.
3. Costs of delivery shall be indicated when placing an Order.
4. Delivery and processing time is counted in working days.
5. the deadline for delivery of the product to the customer in the country is 1-14 working days when choosing a delivery via the postal operator, or 1-5 working days for courier and parcel services.
in the case of a courier company and parcel machines.
6. The deadline for delivery of the product to the European countries other than Poland is 10-20 working days if you choose delivery through a postal operator, or 3-10 working days for courier services.
7. Delivery times given in the “Delivery and Payment” tab on the website are approximate, averaged for the selected delivery method. In some cases, delivery may be extended in accordance with the deadlines given in the Terms and Conditions, which results from the logistics carried out by the selected carrier.
8. The Seller reserves the right to dispatch the order within 1-14 business days, regardless of the selected method of delivery, if the Sales Agreement with the Customer has been concluded during the promotion.
9. The Customer is obliged to check the package in the presence of the courier. In case of noticing any damage to the package it is necessary to write a damage protocol in transport and immediately notify the Seller about this fact by sending an email. Failure to write the damage protocol with the courier will prevent the initiation of the complaint procedure, and thus the return of goods.
If you notice any shortages in the shipment, please contact us immediately by phone or e-mail, but not later than within 24 hours from receipt of the consignment from the courier.
§ 7 Complaints concerning the Goods under warranty
1. The Seller is responsible to the Customer, who is a consumer within the meaning of Article 22[ 1 ] of the Civil Code, for warranty for defects under the terms of Articles 556 – 576 of the Civil Code.
2. On its basis, the Customer has the right to complain about the purchased goods, if after receiving the goods it shows: factory defects, damage caused during transport, incompatibility with the order.
defects; damage caused during transport; non-conformity with the order.
3. The customer has 30 calendar days to file a complaint from the date of receipt of goods for manufacturing defects and 24 hours from the time of receipt of goods for damage caused during transport and non-conformity with the order.
4. Complaints arising from violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be addressed to the e-mail address kontakt@charlene.com.pl. The Customer can use the Complaint form, which can be found in the Returns and Complaints tab on the footer of the website.
5. The Customer attaches to the e-mail a description of the damage, electronic confirmation of purchase, and sends pictures or a short video of the damaged Goods.
6. In order to consider the complaint of the Goods, the Client should send the Goods complained about, together with the filled-in complaint form and electronic confirmation of purchase
of purchase to the address of the Seller. The Goods should be sent back immediately, no later than within 7 consecutive calendar days from the date on which the Shop has indicated to the Client the address for sending the Goods back. Returned goods should be properly secured and packaged and sent back complete in an undamaged condition. 7.
7. The shop does not accept any packages sent back on delivery.
8. The Seller within 30 days of receipt by the Store of the shipment of complaint goods, undertakes to consider any complaint, including to assess its validity on the basis of the returned goods. Inspection is subject to the condition of the returned goods, possible signs of use or damage that has occurred as a result of improper use of the material.
9. In the case of defects in the complaint, the Seller shall call the Customer to supplement them in the necessary extent immediately, but no later than within 7 days from the date of receipt of the
receipt of the call by the Customer.
10. After considering the complaint, the Customer will be immediately informed of its outcome.
11. If the complaint is accepted, the advertised goods will be exchanged for another, full-value and sent to the Customer at the expense of the Store by registered economy letter, and if this is no longer possible, the Store will offer to exchange the goods for another. If the Customer does not wish to exchange the goods for another one, the Store will return the equivalent of the purchase price of the goods which it is not possible to deliver again. The equivalent of the purchase price of the goods will be refunded using the same method of payment used by the consumer or by transfer to the customer’s bank account. The shop will refund the purchase price of the advertised Goods within a maximum of 14 (in words: fourteen) days after positive resolution of the complaint.
12. If the complaint is accepted, the shop will reimburse the customer the direct cost of returning the goods to the company’s headquarters, if the shipment will be sent by registered economic letter through the Polish Postal Service. For this purpose, please send a photo of the receipt from the post office with the incurred payment and bank account details for the reimbursement to the e-mail address. If you choose another shipping method or do not send a photo of your receipt, you will not receive a refund.
13. Point 12 applies only on the territory of Poland.
14. In case of violation by the Customer of the conditions specified in §7 paragraph 3,4,5,6,7,9 of these Regulations, the statement of complaint is ineffective, the goods are not exchanged and the Customer is not refunded the amount paid.
15. Eyelashes are produced manually, so there may be slight differences in length between individual strips of eyelashes or between the lengths given on the website. However, this does not interfere with the proper use of the eyelashes. These differences will not therefore be considered as grounds for complaint.
16. eyelashes and cosmetics are products that are subject to rapid deterioration during use – a product that wears out quickly. In case of eyelashes, the expiry date of the product is 30 calendar days. After this period, the eyelashes may wear out or show defects that make it impossible to use.
17. Differences in the appearance of the delivered goods with the ordered ones, viewed on the Store’s website, which may result from
settings of the Customer’s monitor.
18. Goods with clear signs of use, poorly used goods that are consistent with its description on the site, goods whose period of use after opening the cosmetic is over, expired goods or stored contrary to manufacturer’s recommendations are not subject to complaint.
19.The right of warranty and product guarantee is excluded for Entrepreneurs who are not Consumers
§ 8 Right to withdraw from the contract
1. The Customer, who is a consumer as defined in Article 22[ 1 ] of the Civil Code, may withdraw from the contract without stating reasons by submitting an appropriate statement within 14 calendar days. Sending the statement before the deadline is sufficient to meet this deadline.
2. The 14-day period shall start on the day following the day on which the Goods were delivered.
3. The Customer may resign from part or all of the ordered goods.
4. The customer can formulate a statement on their own and send it to the email address kontakt@charlene.com.pl or use the model statement of withdrawal, which can be found in the Returns and Complaints tab at the footer of the website. The customer attaches an electronic confirmation of purchase to the message.
5. Upon receipt of a statement of withdrawal by the consumer, the Seller will send to the e-mail address of the consumer confirmation of receipt of the statement of withdrawal, indicate the next steps to be taken (if necessary, for example, send a photo documentation) and indicate the address to return the goods.
6. In the case of withdrawal from a remote agreement, the agreement is considered as not concluded. Returned goods should be intact, including complete, in original packaging, they cannot bear traces of use. The Goods shall be returned immediately, no later than within 14 days from the date of sending the return declaration to the Seller. The purchased Goods should be returned to the address of the Seller.
7. The Buyer shall send the Goods with an electronic confirmation of purchase and statement of withdrawal from the contract. Returned goods shall be properly
properly secured and packaged.
8. The Seller shall promptly, but no later than within 14 days of receipt of returned Goods, return to the consumer all payments made by him, including the costs of delivery of Goods to the Customer. The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer agrees to a different method of refund, and this method will not be associated with any cost to the consumer.
9. If the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the consumer the additional costs incurred by him.
10. The Customer shall bear only the direct cost of returning the Goods.
11. The shop does not accept any parcels sent back on delivery.
12. In the event that the order applied additional discount codes reducing the amount payable for the order, the amount of the refund will be reduced in proportion to the discounts used, also in the case of partial return of the Goods.
13. In case of breach by the Customer of the conditions specified in §8 paragraphs 1,2,4,6,11 of these Regulations, the declaration of withdrawal is ineffective, the goods are not refundable, and the shop does not return the amount paid to the Customer.
14. The right to withdraw from the contract does not apply to the Consumer inter alia in relation to contracts:
i. in which the object of the supply is an item that deteriorates rapidly or has a short shelf life;
ii. in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery
iii. in which the object of the supply is an item which, for reasons of health protection, hygiene or safety, cannot be returned
used by a new purchaser if the goods are sold a second time. If the goods are returned, they must not have been previously unsealed from
the seal securing the packaging (the seal may not be damaged/stuck/ cut. The seal must be intact);
15.The right of withdrawal is excluded for Entrepreneurs who are not Consumers.
§ 9 Personal data protection
1. Personal data provided by customers Seller collects and processes in accordance with applicable law and in accordance with the Privacy Policy, which constitutes Attachment No. 1 to the Terms and Conditions, which is available on the website under the “Privacy Policy” tab.
2. The Customer may also give separate consent to receive advertising and promotional materials from the Store.
3. The administrator of the data filing system, in which the personal data of the Customers will be processed, is instalash.pl online shop.
4. The administrator of personal data provided by the Buyer during the use of the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency, contained in the general regulation of the European Parliament and the Council (EU) on data protection – “RODO”.
5. The purpose of processing Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is a sales agreement or actions taken at the request of the Buyer with a view to its conclusion (Article 6(1)(b) of the RODO), the Seller’s legal obligation relating to accounting (Article 6(1)(c)) and the Seller’s legitimate interest, including that of processing data in order to establish, pursue or defend potential claims (Article 6(1)(f) of the RODO).
§ 10 Opinions
1. A customer who has placed an Order can post an opinion about the Product he has purchased. An email with information about the possibility of posting an opinion comes a few days after placing an Order.
2. CHARLÈNE publishes opinions about Products after checking whether they comply with the rules of these Regulations, as well as reserves the right to remove an opinion about a Product, which turned out not to comply with the rules of these Regulations after its publication. An opinion published by the Seller may not be changed or removed by the Customer.
3. It is forbidden to include in the opinions false data, contrary to the law or good manners, promotional content or containing reference to gender, race, ethnic origin, nationality, religion, creed, worldview, disability, age or sexual orientation.
4. Customer by posting an opinion confirms that he is its author and is responsible for any damage to Charlene.com.pl associated with its posting.
5. The Customer, by placing an opinion, gives Instalash.pl permission to use the opinion without time and territorial restrictions by disseminating the opinion together with disclosure of the name of the Customer as the author of the opinion, at the discretion of Charlene.com.pl.
§ 11 Intellectual property
1. It is forbidden to use any materials published on the website of the Store and social media belonging to instalash.pl (including
including photographs and descriptions of goods) without the written consent of the Store.
§ 12 Final provisions
1. The content of these Regulations may be changed at any time, and they come into force on the date of their publication on the Store’s website. For orders made before the date of change of the Regulations will apply the provisions of the previous.
2. Any correspondence related to the order, in particular will be directed to the Client to the e-mail address provided by the Client.
3. CHARLÈNE reserves the right to transfer in part or in whole any of its rights and obligations related to the Service without the necessity of obtaining the consent and possibility of expressing any objections by the Client.
4. In matters not regulated herein, generally applicable provisions of Polish law as well as other relevant provisions of universally applicable law.
