Algemene voorwaarden
License number issued by Kreator Legal Geek: 10a2f92b-85b0-469c-b1f5-8b0da6c0f05e.
Terms and Conditions of the SkinVibe Online Store
setting out, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and Consumer rights
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 General provisions
Annex 1: Model withdrawal form
§ 1 DEFINITIONS
Business days — days from Monday to Friday, excluding public holidays in Poland.
Polish Civil Code — the Polish Act of 23 April 1964, the Civil Code (Kodeks cywilny).
Consumer — a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without a direct connection to their business or professional activity.
Account — a digital service governed by separate terms, within the meaning of the Polish Consumer Rights Act, through which the Buyer may use additional features in the Store free of charge.
Buyer — any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer — a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur — a Buyer who is a natural person, entering into or intending to enter into a contract with the Seller under these Terms and Conditions that is directly related to their business activity but does not have a professional character for them.
Terms and Conditions — these terms and conditions.
Store — the SkinVibe online store operated by the Seller at skinvibe.eu, skinvibe.uk, and skinvibe.global.
Seller — ITRG-ZIĘBA-MAGIERA-STYLIŃSKI SPÓŁKA JAWNA (general partnership) with its registered office at Christo Botewa 6B/B4, 30-798 Cracow, Poland, entered in the National Court Register — Register of Entrepreneurs by the District Court for Kraków-Śródmieście in Cracow, 11th Commercial Division of the National Court Register, under KRS number 0000890294, VAT ID: PL9452174051, REGON: 122875190.
Polish Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights (Ustawa o prawach konsumenta).
§ 2 CONTACT WITH THE SELLER
- Postal address: Christo Botewa 6B/B4, 30-798 Cracow, Poland
- Email address: contact@skinvibe.eu
- Phone: +48 690 287 784
- The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission — depending on the tariff of the telecommunications operator or internet service provider used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
- For the Store to function properly, the following are required:
- a device with internet access
- a web browser supporting JavaScript and cookies.
- In addition to the requirements specified in paragraph 1, an active email account is required to place an order in the Store.
§ 4 SHOPPING IN THE STORE
- Product prices displayed in the Store are total prices for the product.
- The Seller notes that the total price of an order consists of the following as indicated in the Store: the price of the product and, where applicable, the cost of delivery.
- The selected product should be added to the shopping cart in the Store.
- The Buyer then selects the delivery method and payment method from the options available in the Store, and provides the information necessary to fulfil the order.
- The order is placed when the Buyer confirms its contents and accepts these Terms and Conditions.
- Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
- The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their details with each order.
§ 5 PAYMENTS
- The following payment methods are available in the Store:
- payment cards (via Shopify Payments):
- Visa
- Mastercard
- Maestro
- American Express
- UnionPay
- digital wallets:
- Apple Pay
- Google Pay
- Shop Pay (where available)
- via payment platforms:
- PayPal
- Klarna
- via Airwallex (local payment methods including but not limited to):
- SEPA Direct Debit
- BACS
- iDEAL
- Bancontact
- Trustly
- and other local payment methods
- cryptocurrency: USDC (via Shopify Payments, where available).
- payment cards (via Shopify Payments):
- If the Buyer selects upfront payment, the order must be paid for within 7 Business days of placing the order.
§ 6 ORDER FULFILMENT
- The order fulfilment time is indicated in the Store.
- If the Buyer has selected upfront payment, the Seller will begin fulfilling the order after payment is received.
- If the Buyer purchases products with different fulfilment times within a single order, the order will be fulfilled within the time appropriate for the product with the longest fulfilment time.
- Goods are delivered to the countries served by the Store. The list of available delivery destinations and associated costs is displayed during checkout.
- The following delivery methods are available in the Store:
- courier delivery (DPD, and in some cases UPS or DHL) to the address specified by the Buyer.
§ 7 RIGHT OF WITHDRAWAL
- The Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of these Terms and Conditions, within 30 days without giving any reason.
- The withdrawal period expires after 30 days from the day:
- on which the Privileged Buyer acquired, or a third party other than the carrier and indicated by the Privileged Buyer acquired, physical possession of the goods;
- on which the Privileged Buyer acquired, or a third party other than the carrier and indicated by the Privileged Buyer acquired, physical possession of the last good, batch or piece, in the case of a contract obliging the transfer of ownership of multiple goods delivered separately, in batches or in pieces.
- To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of these Terms and Conditions, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or email).
- The Privileged Buyer may use the model withdrawal form included at the end of these Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL - If the Privileged Buyer withdraws from the contract, the Seller shall reimburse all payments received from the Privileged Buyer, including the costs of delivery (except for the supplementary costs resulting from the Privileged Buyer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Privileged Buyer's decision to withdraw from the contract.
- The Seller will carry out the reimbursement using the same means of payment as used by the Privileged Buyer for the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
- If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold the reimbursement until the Seller has received the goods back or until the Privileged Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
- The Seller asks that goods be returned to the following address: Christo Botewa 6B/B4, 30-798 Cracow, Poland, without undue delay and in any event not later than 14 days from the day on which the Privileged Buyer communicates the withdrawal from the contract to the Seller. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.
- The Privileged Buyer shall bear the direct cost of returning the goods.
- The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be returned by regular post, the Privileged Buyer will also have to bear the direct cost of returning the goods. The estimated cost will be communicated to the Privileged Buyer by the Seller in the product description in the Store or during the ordering process.
- In the event that a refund is required for a transaction made by the Privileged Buyer using a payment card, the Seller will refund the amount to the bank account linked to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- The right of withdrawal from the distance contract referred to in § 7 of these Terms and Conditions does not apply to contracts:
- where the subject matter is a non-prefabricated good, manufactured according to the Privileged Buyer's specifications or serving to satisfy their individualised needs;
- where the subject matter is a good that deteriorates rapidly or has a short shelf life;
- where the subject matter is a good delivered in a sealed package which, after opening, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
- where the subject matter consists of goods which, after delivery, due to their nature, are inseparably mixed with other items;
- where the subject matter consists of sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
- where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
- The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract, as provided for by generally applicable provisions of law, including in particular the provisions of the Polish Consumer Rights Act.
- The Seller asks that complaints (including those relating to the operation of the Store) be submitted to the postal or email address indicated in § 2 of these Terms and Conditions.
- If a warranty has been granted for the product, information about it, as well as its conditions, is available in the Store.
- The Seller will respond to the complaint within 14 days from the day of its receipt.
II PRIVILEGED BUYERS
-
Goods
- In the event of lack of conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Polish Consumer Rights Act.
- The Seller is liable for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years of that time, unless the shelf life of the goods, determined by the Seller, their legal predecessors or persons acting on their behalf, is longer.
- Under the provisions of the Polish Consumer Rights Act, in the event of lack of conformity with the contract, the Privileged Buyer may demand:
- replacement of the goods,
- repair of the goods.
- Additionally, the Privileged Buyer may submit a statement of:
- price reduction,
- withdrawal from the contract
- the Seller has refused to bring the goods into conformity with the contract in accordance with Art. 43d(2) of the Polish Consumer Rights Act;
- the Seller has not brought the goods into conformity with the contract in accordance with Art. 43d(4)-(6) of the Polish Consumer Rights Act;
- the lack of conformity of the goods with the contract continues despite the Seller's attempt to bring the goods into conformity;
- the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies set out in Art. 43d of the Polish Consumer Rights Act;
- it is clear from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
- In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller shall collect the goods from the Privileged Buyer at the Seller's expense.
- The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
- In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall promptly return the goods to the Seller at the Seller's expense, to the address: Christo Botewa 6B/B4, 30-798 Cracow, Poland. The Seller shall reimburse the price to the Privileged Buyer promptly, no later than within 14 days from the day of receipt of the goods or proof of their return.
- The Seller shall reimburse the Privileged Buyer for any amounts due as a result of the exercise of the right to a price reduction promptly, no later than within 14 days from the day of receipt of the Privileged Buyer's statement of price reduction.
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Out-of-court complaint and redress procedures
- The Seller informs the Consumer of the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorised to resolve disputes out of court. The Consumer may use, among others:
- the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help to resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to a given country can be found at: ECC-Net
- The preceding provision is for informational purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
- The use of out-of-court complaint and redress procedures is voluntary for both the Seller and the Consumer.
- Consumers may also seek free assistance from their local consumer protection authority.
- The Seller informs the Consumer of the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorised to resolve disputes out of court. The Consumer may use, among others:
III BUYERS OTHER THAN PRIVILEGED BUYERS
- In the event of a defect in the goods, a Buyer other than a Privileged Buyer may make a complaint about the defective goods on the basis of the warranty for defects (rękojmia) regulated in the Polish Civil Code.
- The Seller is liable under the warranty for defects to a Buyer other than a Privileged Buyer if a physical defect is discovered within two years from the date of delivery of the goods to the Buyer.
- In accordance with the Polish Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses the rights under the warranty for defects if they did not examine the goods in a timely and customary manner and did not promptly notify the Seller of the defect, and in the case where the defect was only revealed later — if they did not notify the Seller promptly after discovering it. To meet the above deadline, it is sufficient to send a notice of the defect before its expiry.
- Under the warranty for defects, a Buyer other than a Privileged Buyer may, on the terms set out in the Polish Civil Code:
- submit a statement of price reduction,
- in the case of a significant defect — submit a statement of withdrawal from the contract,
- demand replacement of the goods with goods free from defects,
- demand removal of the defect.
- If it turns out that the defective goods need to be delivered to the Seller for the complaint to be processed, the Buyer other than a Privileged Buyer is obliged to deliver the goods to the address: Christo Botewa 6B/B4, 30-798 Cracow, Poland.
§ 10 PERSONAL DATA
- The controller of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller — including other purposes and legal bases for processing, as well as data recipients — can be found in the privacy policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) — "GDPR".
- The purpose of processing the Buyer's data provided in connection with purchases in the Store is the fulfilment of orders. The legal basis for personal data processing in this case is:
- a contract or actions taken at the Buyer's request prior to entering into a contract (Art. 6(1)(b) GDPR),
- a legal obligation incumbent upon the Seller, particularly related to accounting and product safety (Art. 6(1)(c) GDPR), and
- the Seller's legitimate interest in processing data for the purpose of establishing, pursuing or defending potential claims (Art. 6(1)(f) GDPR).
- Providing data by the Buyer is voluntary but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
- The Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller ceases to be in force;
- the legal obligation requiring the Seller to process the Buyer's data ceases to apply;
- the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases to exist;
- the Buyer's objection to the processing of their personal data is accepted — where the basis for processing was the Seller's legitimate interest
- The Buyer has the right to request:
- access to their personal data,
- rectification thereof,
- erasure thereof,
- restriction of processing,
- data portability to another controller,
as well as the right to: - object at any time to the processing of data on grounds relating to the Buyer's particular situation — against the processing of personal data concerning them based on Art. 6(1)(f) GDPR (i.e. the legitimate interests pursued by the Seller).
- To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of these Terms and Conditions.
- If the Buyer considers that their data is being processed unlawfully, the Buyer may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office (UODO). Buyers in other countries may contact their local supervisory authority.
§ 11 GENERAL PROVISIONS
- It is prohibited for the Buyer to provide content of an unlawful nature.
- Each order placed in the Store constitutes a separate contract and requires separate acceptance of these Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order.
- All contracts concluded on the basis of these Terms and Conditions are governed by the provisions of Polish law, subject to paragraph 4.
- The choice of Polish law for contracts concluded under these Terms and Conditions with a Consumer does not deprive or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national laws applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
- Contracts concluded on the basis of these Terms and Conditions are concluded in the English language.
- In the event of a possible dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded through the Store, the competent court shall be the court having jurisdiction over the Seller's registered office.
Annex 1 to the Terms and Conditions
Below is the model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
ITRG-ZIĘBA-MAGIERA-STYLIŃSKI SPÓŁKA JAWNA
Christo Botewa 6B/B4, 30-798 Cracow, Poland
email: contact@skinvibe.eu
- I/We(*) ..................................................................... hereby inform you of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):
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- Date of conclusion of the contract(*)/receipt(*)
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- Name of the Consumer(s) / Privileged Entrepreneur(s):
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- Address of the Consumer(s) / Privileged Entrepreneur(s):
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Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted on paper)
Date ............................................
(*) Delete as appropriate.





