The Online Shop Rules

An agreement between the Buyer and the Seller can be concluded in two ways.
Prior to placing an order, the Buyer has the right to negotiate with the Sellerall provisions of the agreement, including those amending the provisions of these rules. Such negotiations should be conducted in writing and sent to the Seller’s address (Nesperta Sp. z o.o., ul. Tadeusza Rejtana 12 A, 62-030 Luboń).
Where the Buyer gives up the opportunity to conclude an agreement through individual negotiations, these rules and the relevant provisions of the generally applicable law will apply.


THE RULES

Article 1. Definitions


1. Postal address - Nesperta Sp. z o.o., ul. Tadeusza Rejtana 12 A, 62-030 Luboń.
2. Address for complaints: Nesperta Sp. z o.o., ul. Tadeusza Rejtana 12 A, 62-030 Luboń.
3. Delivery Pricelist - the list of available types of delivery and their costs, available at the address: http://www.semilac.pl.
4. Contact details:
     Nesperta Sp. z o.o.
     ul. Tadeusza Rejtana 12 A
     62-030 Luboń
     e-mail: sklep@semilac.eu
     phone: 61 306 70 30 (8.00 am - 4.00 pm)
5. Delivery - a type of transport service, with a carrier and a cost identified, shown in the delivery pricelist available at “http://www.semilac.pl”.
6. Proof of Purchase - an invoice, a bill or a receipt issued pursuant to the Act on tax on goods and services of 11 March 2004, as amended, and other applicable laws.
7. Product Card - a single sub-page of the Shop containing information about an individual product.
8. Client - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to their business or professional activity.
9. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
10. Shopping Cart - a list of products from among the products offered in the shop, compiled on the basis of the Buyer’s decisions.
11. Buyer- both a Consumer and a Client.
12. Place of Receipt of Item - a postal address or a collection point specified by the Buyer in an order.
13. Time of Receipt of Item - the time when the Buyer or a person indicated by the Buyer receives the item.
14. Payment - the method of payment for the subject of the agreement and the delivery, listed at “http://www.semilac.pl.
15. Consumer Law - the Act on consumer rights of 30 May 2014.
16. Product - minimum and indivisible amount of items that can be the subject of an orderand that is indicated in the Seller’s shop as a unit of measure when determining the price (price/unit).
17. Subject of the Agreement - products and the delivery covered by the given agreement.
18. Subject of Performance - the subject of the agreement.
19. Collection Point - the place where an item is handed over, not being a postal address, mentioned in the list provided by the Seller in the shop.
20. Item - a movable item that can be or is the subject of the agreement.
21. Shop - the online service available at “http://www.semilac.pl”, through which the Buyer can place an order.
22. Seller:
      Nesperta Sp. z o.o.
      ul. Tadeusza Rejtana 12 A
      62-030 Luboń
     NIP: 7792413878, REGON: 302436962
     registered and visible in the records of the National Court Register at:
     https://ems.ms.gov.pl/krs/wyszukiwaniepodmiotu?t:lb=t
     BANK ACCOUNT (payment in Polish zloty)
     82 1750 0012 0000 0000 2621 1131 Name of the bank: Raiffeisen POLBANK
23. System - a Pagesset of cooperating devices and software enabling processing and storage, as well as sending and receiving data via telecommunications networks by using a terminal device appropriate for the given type of network, commonly referred to as the Internet.
24. agreement - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer rights of 30 May 2014 in the case of Consumers, and a sale agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
25. User - a user of the shop (including a Buyer).
26. Defect - both a physical defect and a legal defect.
27. Physical Defect - incompatibility of the item sold with an agreement, in particular, if the item:
    a) does not have the properties that this kind of item should be have, given its purpose specified in the agreement, or resulting from the circumstances or from its designation;
    b) does not have the properties of whose existence the Seller assured the Consumer,
    c) is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the agreement, and the Seller did not raise any objections to such designation of the item;
    d) was incomplete at the time when handed over to the Consumer;
    e) if installed and put into operation incorrectly, where these activities were carried out by the Seller or a third party, for whom the Seller is liable, or by the Consumer, who acted according to the instructions received from the Seller;
    f) it does have the properties whose existence was assured by the manufacturer or its representative or a person who markets the item as part of their business operations, or a person who purports to be a producer by placing their name, trademark or other distinguishing marking on the item sold, unless the Seller was not aware of these assurances, or could not be aware of them, acting reasonably, or these assurances could not affect the Consumer's decision to conclude the agreement, or if their contents were rectified before the agreement was concluded.
28. Legal Defect - a situation when the item sold is the property of a third party or is encumbered with a third party right, or if a restriction on the use or disposal of the item results from a decision or judgement of the competent authority.
29. Order - the Buyer's declaration of intent made via the shop, specifying clearly: the type and quantity of products; type of delivery; payment method ; place of receipt of item, the Buyer's data, and aimed directly at the conclusion of an agreement between the Buyer and the Seller.


Article 2. General Terms


1. The agreement is subject to Polish law and will be construed in accordance with the provisions of Polish law and the provisions of these Rules. In the case of agreements concluded with Clients, the provisions of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980, do not apply.
2. Place of receipt of item can be located within the territory of (i) the Republic of Poland, and (ii) all European Union countries.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are denominated in the Polish currency and are gross prices (including VAT). The prices of the products do not include the cost of delivery, which is specified in the delivery pricelist.
5. The Seller does not grant guarantee to the Buyer within the meaning of Article 577 of the Civil Code, but informs the Buyer about any third party guarantees for the products available in the shop that are known to him.
6. All material provisions of the agreement are confirmed, made available, recorded and secured, for the purpose of gaining access to such information in the future, in the form of:
     a) confirming an order by sending to the indicated e-mail address, of: an order, a pro forma invoice, information about the right to withdraw from the agreement, these Rules in a .pdf format, a template of a withdrawal from the agreement in pdf format, and links to download the Rules and a template of withdrawal from the agreement;
     b) attaching the following printouts to the completed order, sent to the indicated place of receipt of item: proof of purchase, information about the right to withdraw from the agreement, these Rules, a template of a withdrawal from the agreement.
7. The Seller does not charge any fee for communication with the Seller with the use of devices enabling communication at a distance, and the Buyer will bear its costs in the amount resulting from the agreement concluded with a third party providing the Buyer with a specific service enabling communication at a distance.
8. The Seller warrants to the Buyer using the system that the shop will operate correctly in the following browsers: IE Version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of Java and Flash installed, on screens with a horizontal resolution of over 1024 px. Using third-party software affecting the operation and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari, can affect the correct display of the shop, so it might be necessary to disable such software in order to obtain full functionality of the shop at http://www.semilac.pl.
9. The Buyer can use the option the shop storing their data, in order to facilitate the process of placing subsequent orders. For this purpose, the Buyer needs to provide a login and a password needed to access their account. The login and the password are a string of characters selected by the Buyer, who is obliged to keep them in confidence and protect against unauthorized third party access. The Buyer can access, modify and update the data and delete the account in the shop at any time.


Article 3. Conclusion of the agreement and its performance


1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should follow at least the following steps, some of which may be repeated several times:
     a) add a product to the shopping cart;
     b) select a method of delivery;
     c) select a payment method from among available methods, i.e.:
          – if the Buyer makes payment from the territory of the Republic of Poland: cash on delivery or online payment service operated by Blue Media, among other things, with a payment card, credit card or by bank transfer, including, for example: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, online Payments Pay by link, rapid transfer, BLIK, etc.;
          – if the Buyer makes payment from outside the territory of the Republic of Poland: online payment operated by PayPal, among other things, with a payment card, credit card or by bank transfer (cash on delivery is not available);
     d) select the place of receipt of item;
     e) place an order in the shop by using the appropriate button depending on the selected delivery option.
3. The agreement with the Consumer is concluded upon placing an order.
4. The Consumer’s order is compiled (prepared for shipment):
     a) in the case of cash on delivery, immediately after the conclusion of the agreement;
     b) in the case of payment by bank transfer, immediately after the conclusion of the agreement and once the Consumer’s payment is booked to the Seller’s account;
     c) in the case of payment through electronic payment system (Blue Media, PayPal), immediately after the conclusion of the agreement and after positive authorisation of the transaction in the electronic payment system.
5. The agreement with the Client is concluded, when a given order is accepted by the Seller, upon acceptance of such order by the Seller, which the Seller will notify to the Client within 48 hours of the date of placing such order by the Client.
6. The Client’s order is complied (prepared for shipment):
     a) in the case of cash on delivery, immediately after the conclusion of the agreement;
     b) in the case of payment by bank transfer, immediately after the conclusion of the agreement and once the Client’s payment is booked to the Seller’s account;
     c) in the case of payment through electronic payment system (Blue Media, PayPal), immediately after the conclusion of the agreement and after positive authorisation of the transaction in the electronic payment system.
7. Implementation of the Client’s order can be dependent upon payment of all or part of the value of the order or upon obtaining trade credit limit at least equal to the value of the order, or the Seller’s consent to sending a COD order (cash on delivery).
8. The products covered by the given order will be sent immediately after the completion (preparation for shipment) of such an order, not later than 7 days from the date of conclusion of the agreement.
9. The subject of the agreement is sent, along with the sales document selected by the Buyer, by the delivery method selected by the Buyer, to the place of receipt of item indicated by the Buyer in the order, along with the appendices referred to in Article 2 point 6b.



Article 4. The right to withdraw from the agreement

1. The Consumer is entitled, under Article 27 of the Consumer Law, to withdraw from a distance agreement, without giving any reason and at no cost, with the exception of the costs referred to in Article 33 and Article 34 of the Consumer Law.
2. The deadline to withdraw from a distance agreement is 30 days from the time of receipt of item, and the deadline shall be considered met, if a statement of withdrawal from the agreement was sent before the lapse of the above deadline.
3. The Consumer can file a statement of withdrawal from the agreement, using the form whose template is attached as Appendix No. 2 to the Consumer Law, the form available at http://www.semilac.pl/oswiadczenie.pdf  or in any other written form in accordance with the Consumer Law.
4. The Seller excludes the possibility of filing a statement of withdrawal from the agreement in any other form than in writing.
5. The Seller will promptly confirm to the Consumer by e-mail (to the e-mail address indicated at the conclusion of the agreement, and to another e-mail address, if indicated in the statement) that it received the statement of withdrawal from the agreement.
6. In the case of withdrawal from the agreement, the agreement is considered never concluded.
7. The Consumer is required to return the item to the Seller immediately, but not later than 14 days from the date when the Consumer withdrew from the agreement. The deadline will be considered met if the item was sent back before the expiry of such deadline.
8. The Consumer will send back the items subject to the agreement from which the Consumer withdrew, at the Consumer’s own expense and risk.
9. The Consumer will not bear the costs of providing digital content that is not recorded on a tangible medium, if the Consumer did not consent to such performance before the deadline to withdraw from the agreement, or was not informed about the loss of the right to withdraw from the agreement at the time of granting such consent, or the entrepreneur did not provide confirmation in accordance with Article 15 clause 1 and Article 21 clause 1 of the Consumer Law.
10. The Consumer is liable for the decrease in value of the item being the subject of the agreement, where such decrease result from using the item in a manner that goes beyond the scope necessary to establish the nature, features and functioning of the item.
11. The Seller will immediately, not later than 14 days from the date of receipt of the statement of withdrawal from the agreement filed by the Consumer, return all the payments made by the Consumer, including the cost of delivery of the item, and if the Consumer had chosen a method of delivery other than the least expensive standard delivery offered by the Seller, the Seller shall not reimburse the Consumer with the additional costs in accordance with Article 33 of the Consumer Law.
12. The Seller will return the amounts using the same payment method that was used by the Consumer, unless the Consumer expressly agrees to another payment method that does not involve any costs to the Consumer. Inthe case of refund for a transaction made with a payment card, the refund will be made to the bank account assigned to the given payment card.
13. The Seller can withhold the refund of the payment received from the Consumer until the earlier of: the Seller receiving the item or the Consumer presenting evidence of sending it back.
14. Pursuant to Article 38 of the Consumer Law, the Consumer has no right to withdraw from the agreement:
     a) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the agreement;
     b) in which the subject of performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet the consumer’s individual needs;
     c) in which the subject of performance is an item subject to rapid decay or having a near use-by date;
     d) in which the subject of performance is an item delivered in sealed packaging, that cannot be returned once the packaging was opened, due to health protection or hygiene reasons, if the packaging was opened after delivery;
     e) in which the subject of performance includes items that, once delivered, remain, due to their nature, inextricably linked with other items;
     f) in which the subject of performance includes sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
     g) for the supply of digital content which is not stored on a tangible medium, if the performance has begun with the express consent of the Consumer before the deadline to withdraw from the agreement and once the Customer was informed by the entrepreneur of the loss of the right of withdrawal;
     h) for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement.



Article 5. The Seller's liability for defects; warranty



1. The Seller's liability toward the Client is limited to damage caused to the Client as a result of the Seller’s deliberate actions. Pursuant to Article 558 paragraph 1 of the Civil Code, the Seller totally excludes liability to Clients for physical and legal defects (warranty).
2. The Seller will be liable to the Consumer, under the terms of Article 556 and subsequent articles of the Civil Code, for defects (warranty).
3. In the case of an agreement with the Consumer, if a physical defect was detected within a year since the time of receipt of item, it is assumed that it existed at the time of the transfer of risk to the Consumer.
4. If the item sold has a defect, the Consumer can:
     a) submit a request for a price reduction;
     b) file a statement of withdrawal from the agreement;
     unless the Seller immediately and without undue inconvenience to the Consumer, replaces the defective item with a defect-free item or removes a defect. However, if the item was already replaced or repaired by the Seller or the Seller did not fulfil the obligation to replace the item with a defect-free item, or to remove the defect, the Seller is not entitled to replace the item with a new one or to remove the defect.
5. The Consumer can, rather than removal of the defect proposed by the Seller, require that the item be replaced with a defect-free one, or demand removal of the defect instead of replacement, unless bringing the item into compliance with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby an assessment of cost excessiveness will involve the value of the item free from defect, the type and the significance of the defect detected, as well as the inconvenience that would be caused to the Consumer, if any other method of satisfaction were used.
6. The Consumer cannot withdraw from the agreement, if the defect is insignificant.
7. If the item sold has a defect, the Consumer can also:
     a) request that the item be replaced with a defect-free item;
     b) request that the defect be removed.
8. The Seller is required to replace the defective item with a defect-free item or remove a defect in reasonable time, without undue inconvenience to the Consumer.
9. The Seller can refuse to meet the Consumer’s request, if bringing the defective item into compliance with the agreement in the manner selected by the Buyer is impossible or, compared to the other possible method of achieving compliance with the agreement, would require excessive costs.
10. Where the defective item was installed, the Consumer can require that the Seller disassemble and reassemble the item, once it was replaced with a defect-free item or once the defect was removed, but is obliged to bear part of the associated costs exceeding the price of the item sold, or may require the Seller to pay part of the cost of disassembly and reassembly, up to the price of the items sold. In the event of non-performance of the obligation by the Seller, the Consumer is authorised to carry out these activities at the Seller’s expense and risk.
11. The Consumer who exercises the warranty rights is obliged to deliver the defective item, at the Seller’s expense, to the address for complaints, and if due to the nature of the item or the manner of assembling it its delivery by the Consumer would be extremely difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is authorised to send the item back at the Seller’s expense and risk.
In order to deliver the defective items to the address for complaints, the Consumer is obliged to order the return of the item by DHL at: https://diamond-cosmetics.dhl24.com.pl/diamond-cosmetics (“DHL Panel”).
Once the contact details and the address of shipment are given and the date for shipment is agreed, a DHL courier will collect the defective items from the Consumer and deliver them to the Seller. The cost of returning the defective items to the Seller, commissioned via the DHL Panel, will be borne by the Seller.
12. The Seller will bear the costs of replacement or repair, except as described in Article 4 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacing it with a defect-free item or in the event of a withdrawal from the agreement.
14. The Seller will, within fourteen days, respond to:
     a) a request for a price reduction;
     b) a statement of withdrawal from the agreement;
     c) a request that the item be replaced with a defect-free item;
     d) a request that the defect be removed.
     Otherwise, it will be assumed that the Seller considers the Consumer’s statement or request justified.
15. The Seller is liable under warranty, if the physical defect is stated before the lapse of two years since the time of receipt of item by the Consumer, and if the subject of the sale is a used item - before the lapse of one year from the time of receipt of item by the Consumer.
16. The Consumer’s claim for removing a defect or for replacing the sold item with a defect-free item will be subject to statute of limitations with the lapse of one year from the day when the defect was detected, but not earlier that before the lapse of two years since the time of receipt of item by the Consumer, and if the subject of the sale is a used item - before the lapse of one year from the time of receipt of item by the Consumer.
17. Where the use-by date specified for the item by the Seller or the manufacturer expires after two years from the time of receipt of item by the Consumer, the Seller is liable under warranty for physical defects of the items stated before that date.
18. By the dates specified in Article 4, the Consumer can file a statement of withdrawal from the agreement or of a price reduction due to a physical defect of the item sold, and if the Consumer requested replacing the item with a defect-free item or removing the defect, the time period to submit a statement of withdrawal from the agreement or of a price reduction will commence upon ineffective expiry of the deadline for replacing the item or removing the defect.
19. If a right under warranty is sought before a court or arbitration tribunal, the time period to exercise other rights enjoyed by the Consumer in respect thereof will be suspended until the final completion of the proceedings. This will apply accordingly to mediation proceedings, whereby the time period for exercising other rights under warranty enjoyed by the Consumer will commence from the date when a court refused to approve a settlement agreement concluded before a mediator, or from ineffective termination of mediation.
20. Provisions of Article 4 will apply to the exercise of the rights under warranty for legal defects, provided that the time period begins on the day when the Consumer became aware of the existence of the defect, and if the Consumer became aware of the existence of the defect only as a result of a third party lawsuit - from the day when the judgement given in a dispute with a third party became final.
21. If due to the defect of the item the  Consumer filed a statement of withdrawal from the agreement or of a price reduction, the Consumer can claim compensation for the damage suffered as a result of having executed the agreement without knowledge about the existence of the defect, even if the damage was the result of circumstances for which the Seller is not liable, in particular, the Consumer can request reimbursement of the cost of the execution of the agreement, the cost of receiving, transporting, storage and insurance of the item, reimbursement of expenses to the extent in which they did not generate benefits to the Consumer, and did not receive their refund from a third party and reimbursement of the trial costs. This is without prejudice to the provisions on obligation to repair the damage according to general principles.
22. The lapse of any deadline for detecting the defect does not exclude the rights under warranty, if the Seller fraudulently concealed the defect.



Article 6. Security of personal data and Privacy Policy

1. The Seller is the administrator of databases of personal information provided by users of the shop (the Users).
2. The Seller commits to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. When giving his or her personal data to the Seller when placing an order, the User consents to their processing by the Seller in order to carry out the order. The User can access, modify and update the data and delete his or her personal data.
3. Detailed rules for the collection, processing and storage of personal data used for the execution of orders by the shop are described in the Privacy Policy, available at: "http://www.semilac.pl”.



Article 7. Final Provisions

1. No provision of these Rules is intended to violate the User’s rights. No provision can be interpreted in this way, because in the case of non-compliance with any part of the rules with applicable law, the Seller declares unconditional surrender to and application of the law in place of the challenged provision of the Rules.
2. Any amendments of the rules and their scope will be notified to registered Users by e-mail (to the e-mail address indicated when registering or placing an order). A notice will be sent at least 30 days before the entry into force of new the rules. Amendments will be introduced in order to adapt the rules to the law currently in force.
3. The current version of the rules is always available to the User under the tab Rules (http://www.semilac.pl). In the course of implementation of an order and throughout the after-sales care period, the Buyer is subject to the rules approved by the Buyer when placing an order, except when the Consumer finds it less favourable than the current one and informs the Seller about his or her choice of the current rules as applicable.
4. Relevant provisions of the law will be applied to matters not covered by these rules.
5. Any conscientious issues, if the Consumer so desires, will be settled by way of mediation or by an arbitration court. As a last resort, in the event of a dispute with the Consumer, the issue will be settled by the court with jurisdiction as to the place and as to the subject, in accordance with generally applicable laws.
6. In the event of a dispute between the Seller and the Client, the matter will be resolved by the court with jurisdiction over the Seller’s registered office.

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