Terms and conditions
- The owner and operator of the online store using the https://tattoocream.eu website (hereinafter referred to as the “Online Store” or “Store”) is WOLF Paweł Kiciński 75-129 Koszalin, Mieszko I 14 REGON:320637652, NIP: 6692416836 appearing in the Central Register and Information on Economic Activity.2. These Regulations are addressed to all users and define the rules for registering and using an individual Account, selling the Seller’s products via the Online Store and defining the terms and conditions for the provision of free electronic services.3. The Customer has the option of contacting the Online Store at the following e-mail address: tattoocream@tattoocream.pl or by phone at 503-536-5824. The administrator of Clients’ personal data is WOLF Paweł Kiciński 75-129 Koszalin, Mieszko I 14 REGON:320637652, NIP: 6692416836 appearing in the Central Register and Information on Economic Activity.
1. Definitions
Customer – an entity that is a user of the Store’s website, for which, in accordance with the Regulations and legal regulations, services may be provided via the Online Store.
Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended).
Consumer – means a natural person who concludes a legal transaction with an entrepreneur not directly related to his business or professional activity.
Individual Account – a panelwritten individually to the Customer after data registration in the Online Store system, marked with an e-mail address and password provided by the Customer in the Seller’s ICT system, allowing the Customer to use additional functionalities of the Store’s website.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing legal activity directly related to its business or professional activity.
Regulations – means these regulations.
Seller – WOLF Paweł Kiciński 75-129 Koszalin, Mieszko I 14 REGON:320637652, NIP: 6692416836 appearin the Central Register and Information on Economic Activity.
Goods – means a product presented each time by the Seller as part of the Online Store in order to sell it.
Contact details – the following data by means of which the Customer has the opportunity to contact the Online Store: e-mail address: tattoocream@tattoocream.pl, or by phone from Monday to Friday from 8:00 to 16:00 at the telephone number 503-536-582
Sales Agreement – a contract for the sale of Goods concluded between Spr the provider and the Customer, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded using means of distance communication, after acceptance of the Order by the Seller on the terms set out in these Rulesno.
Newsletter – it should be understood as an information bulletin regarding new products and promotions in the Online Store, to which the Customer has agreed by providing his e-mail address in the “Newsletter” tab, using a banner on the websites, or a form available at the bottom of the page;
2. General provisions and rules of using the Store
- Each Customer can access the Regulations at any time, through the link “Store Regulations” placed on the Online Store website, as well as by saving its PDF version on a medium of their choice.
Information about the Goods posted in the Online Store, such as photos, descriptions, prices constitute an invitation to conclude a sales contract within the meaning of art. 71 of the Civil Code, in accordancewith the terms of the Regulations.
3. Photos and descriptions of the offered products are used to present the specific models of the Goods indicated on them.
4. The minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system to whichthe Seller is entitled, including the conclusion of the Sales Agreement and the provision of other electronic services, are: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail and a valid e-mail address; (3) web browser: Mozilla Firefox version min. 17.0 or Internet Explorer version min. 10.0, Opera version min. 12.0, Google Chrome version min. 23.0., Safari version min. 5.0; (4) The recommended minimum screen resolution is 1024×768.
5. It is not allowedne:a. using the Online Store
to conduct activities that would violate the interest of the owner of the Online Store, in a manner contrary to the law, decency or violating the personal rights of third parties,
b. providing the Store with unlawful content,
c. using the Store in a way that interferes with its functioning or undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of otherClients;
d. placing unsolicited commercial information as part of the Store, and
e. using the content placed on the Store’s website for use other than personal use.
3. Rules for placing an Order and concluding a Sales Agreement
- The Seller enables theconclusion of contracts for the sale of Goods via the Internet and provides other services provided for in these Regulations.
In order to register an Individual Account and to conclude a Sales Agreement via the Store’s website, it is necessary for the Customer to have an active e-mail account.
3. Creating an Individual Account is not necessary to place an order in the Online Store.
4. The Customer may place orders in the Online Store via the Store’s website 7 days a week, 24 hours a day.
5. In order to place an order, you must select the Goods in the Store, in particular in terms of their models, quantity and size. Each of the Goods should be added to the “Basket” using the “Add to Cart” option. Selecting each of the Goods will result in a “Shopping Cart”. After completing the entire order, go to the “Basket” and continue the ordering procedure. When completing the order, the Customer may log in to the Individual Account or process the order without registration, completing his personal data and delivery address in the appropriate fields. In the next steps, the Customer has the option of choosing the method of delivery of the Goods and the method of payment and is informed about the total price for the selected Goods and their delivery, as well as about all additional costs that he is obliged to incur in connection with the order.
6. Then, the Customer places an order by selecting the “Buy and pay” option on the Store’s website.
7. The condition for placingan order is acceptance of the Regulations and the Privacy Policy by marking the appropriate box in the order form.
8. The information provided by the Customer in the course of placing an order should be true, current and accurate. The Sellerreserves the right to refuse to execute the order if the data provided is so inaccurate that it prevents the execution of the order, in particular prevents the proper delivery of the ordered Goods. Before refusing to execute the order, the Seller will attempt to contact the Customer to determine the necessary data. 9. Until the selection of the Goods
is approved by the “Buy and pay” button, the Customer has the option of making changes and modifications to the Goods in the order, as well as teleadre sów datafor shipment or invoice. Until the payment is made, the Customer may stop placing the order by not continuing the next steps. In this situation, the Customer’s order will not be processed.
10. Placing an order by the Customer was theCustomer’s offer submitted to the Seller to conclude a contract for the sale of Goods within the meaning of the Civil Code.
11. After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Thenno, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for execution.
12. The conclusion of the Goods Sales Agreement between the Seller and the Customer takes place upon receipt by the Customer of information about the acceptance of theorder referred to in paragraph 11. This information contains confirmation of the terms of the Sales Agreement concluded on the basis of the
Regulations.
13. Any accessories used to stylize product photos are not on sale. If there is an addition to a given product, such information is included in the offer on the page in the product description.
4. Creating an Individual Account
- In order to create an individual Account, the Customer is obliged to register their data in the Store’s database free of charge. The data registeris done by filling in the registration form available in the “Registration” tab or in the “Login – register” tab
. Filling out the form requires providing the following data: name, surname, e-mail address and settingan individual password for the Customer.
The condition for creating an Individual Account is acceptance of the Regulations and the Privacy Policy by marking the appropriate field in the form.
3. After sending the completed registration form, the Customer shall immediately, by e-mail to the e-mail address provided in the registration form, confirm the registration of an individual Account in the Store by the Seller. At this moment, a contract for the provision of the Individual Account service by electronic means is concluded, and the Customer gains the opportunity to access the Individual Account and make changes to his data provided at the time of registration.
5. Delivery
- Goods are delivered to the address indicated by the Customer in the order in the Republic of Poland and outside the Polish (depending on availability on the order page).
Goods are delivered by courier in the Polish. In the case of delivery outside Polish, the Goods are delivered in the form of International Shipping. Fees for the sale of Goods are given as part of the order form. 3. On the day of sending the Goods to the Customer, the
Seller sends to the Customer’s e-mail address information about sending the parcel.
4. Goods are delivered within 1 to 10 working days. In the caseof a delivery date in working days, this term shall be understood as all days from Monday to Friday inclusive, with the exception of public holidays.
5. As part of each shipment of the Goods, there is a proof of purchase (receipt or V AT invoice), and a printout of exchange / return of goods.
6. In the case of cash on delivery shipments, refusal to accept will result in covering the costs of return delivery by the customer.
6. Prices & Payment
- Prices on the website given in Polish zlotys are gross prices, including VAT.
The price of the goods should be added to the cost of shipping, the amount of which depends on the chosen form of delivery and payment.
3. The purchase price of the goods given on the Store’s website is final and binding from the moment of receipt by the Customer of an electronic message confirming the acceptance of the purchase order placed by the Customer for selected Goods, indicated in § 3 section 10. This price will not change, regardless of price changes introduced on the Store’s website or promotional orsales campaigns started.
4. The Customer pays the price for the ordered Goods together with delivery costs, at his choice:
a. by bank transfer to the Seller’s bank account, before delivery outside the Polish;
b. by bank transfer via electronic payment made in the przelewy24.pl payment system, before delivery in the Polish; c. by
bank transfer via electronic payment carried out in the payment system przelewy24.pl operated by Przelewy24.pl. or in the PayPal system, operated by PayPal Europe, before delivery outside the Polish.
5. If the Customer chooses the payment method specified in paragraph 4a., failure to receive payment to the Seller’s account within 4 days from the date of conclusion of the Sales Agreement, and then within an additional period specified by the Seller, results in the possibility of withdrawal from the Sales Agreement by the Seller. The Customer may also cancel the Order without consequences until receiving a message about sending the Order by contacting the Seller during working hours using the telephone number provided in the Contact tab, which does not violate his right to withdraw from the contract.
6. If the Customer chooses the payment method specified in paragraph 4b, this paragraph, the Seller will start processing the order after receiving confirmation of payment from the Przelewy24 system, but not earlier than after sending an e-mail confirming the acceptance of the purchase order for selected Goods placed by the Customer, indicated in § 3 section 10. 7. If the Customer
chooses the payment method specified in section 4b, this paragraph, the Seller shall start processing the order after receiving the payment przelewy24.pl confirmation from the payment system, but not earlier than after sending an electronic message to the Customer confirming the acceptance of the order for the purchase of selected Goods placed by the Customer, indicated in § 3 section 10.
8. If the Customer chooses the payment method specified in paragraph 4d., the lack of payment on receipt of the Goods, despite the Seller setting an additional appropriate deadline, results in the possibility of withdrawal from the Sales Agreement by the Seller. The Customer may alsocancel the Order without incurring consequences within the specified period, which does not violate his right to withdraw from the contract. 8. The Seller reserves the right to change the prices of the Goods in the Store, introduce new Goods to the Store, carry out and cancel promotional campaigns on the store’s websites, or make changes to them in accordance with the Civil Code and other acts, however, such changes do not violate the rights of persons who have concluded Contracts for the Sale of Goods offered by the Store before the doc the aforementioned changes or the rights of persons entitled to use the promotion, in accordance with its rules and during its duration.
9. Discount codes are not valid in the “sales” tab, unless the promotion states otherwise.
10. The entity providing online payment servicesis WOLF Paweł Kiciński 75-129 Koszalin, Mieszko I 14 REGON:320637652, NIP: 6692416836
11. Available payment methods:
Payment cards:*
Visa* Visa Electron* MasterCard* MasterCard Electronic*
Maestro
12. If there is a need to return funds for a transaction made by a payment card, the seller made a refund to the bank account assigned to the Ordering Party’s payment card.
13. The delivery time is counted from the moment of obtainingthe payment authorization.
7. Complaints
- If the purchased Goods have a physical or legal defect, the Seller is liable to the Customer on the basis of art. 556 et seq. of the Civil Code (warranty).
The Seller undertakes actions to ensure the fully correct functioning of the Store, to the extent that results from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers. 3. If the sold Goods have a defect, the Customer may:a) submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with goods free from defects or removes
the defect.
This restriction does not apply after14 days from the date of purchase or if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with goods free from defects or remove defects.
b) demand replacement of the Goods with one free from defects or removal of the defect.
The employeris obliged to replace the defective Goods with goods free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
4. Instead of removing the defect proposed by the Seller, the Customer may demand replacement of the Goods with defect-free ones or demand removal of the defect instead of replacing the Goods, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, and the inconvenience to which the Customer would otherwise be exposed is taken into account.
5. The Seller may refuse to satisfy the Customer’s request to replace the Goods with defect-free ones or to remove the defect, if it is impossible to bring the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible way of bringing them into conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
6. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. The cost of delivery is covered by the Seller.
7. The Seller is liableunder the warranty if a physical defect is found within two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one expires after one year, but if the customer is a Consumer, this period may not end before the deadline specified in the first sentence Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on price reduction due to the defect of the Goods. If the Customer demanded the replacement of the Goods with a free one or removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
8. The complaint may be submitted in writing by sending ittogether with a description of the defect and proof of purchase in the Store, by registered mail or other form of shipment, to the address WOLF Paweł Kiciński 75-129 Koszalin, Mieszko I 14 REGON:320637652, NIP: 6692416836 or if the complaint concerns free services provided electronically pr squint the Seller referred to in the Regulations. The complaint may be submitted to the Seller’s e-mail address, with a description of the reported problem.
9. The Customer will receive information on the method of considering the complaint within 14 days from the date of notification of the requestby the Customer.
10. The Seller does not undertake under these Regulations to use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
8. Rightto withdraw from the Sales Agreement
- The Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving a reason. The returned product, previously purchased from the Seller, should be intact.
- The period for withdrawal from theSales Agreement begins from the moment the Goods are taken possession of by the Consumer or a third party indicated by him.
The Consumer may withdraw from the Sales Agreement by informing the Store about his decision to withdraw from the contract by way of a singlestatement, for example sent in writing to the address via e-mail, to the Seller’s address provided in the Contact Details.
4. The Customer may use the model form attached to the delivered Goods, but it is not obligatory. The Customer may also complete and scan the form or any other unambiguous statement via e-mail to the Seller’s address provided in the Contact Details. If the Customer submits a statement of descent electronically, the Seller will immediately send the Customer on a durable medium a confirmation of receipt of this statement.
5. In order to comply with the time limit laid down in paragraph 1, it shall be sufficient to send a notice of withdrawal before its expiry.
6. Inthe event of withdrawal from the Sales Agreement, it is considered null and void.
7. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
8. The Seller is obliged to immediately, no laterthan within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, return the payments made by him, except for the cost of delivery of the Goods. The Seller may withhold the refund of payments received from Konsumenta until the receipt of the Goods back or the Customer provides proof of sending back the Goods, whichever occurs first.
The seller shall refund the payment for the goods as described:
- a) When prepaying to a bank account to the accountnumber provided in the form,b) When paying PayPal to the account PayPal c) When paying PayPo to the PayPo account d
) When paying Przelewy24 to the account Przelewy24 from which the order was paid.
- If the Consumer exercising the right of withdrawal has chosen a method ofdelivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods before its expiry.
11. In the event of withdrawal from the Sales Agreement, the Customer who is a Consumer bears the direct costs of returning the Goods.
12. The Consumer shall be liable for any decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
13. Free of charge from the amount of 500 PLN is valid only in the Polish for products available in our store. In the event of withdrawal from a part of the order that does not entitle to free delivery, the seller charges a shipping fee in accordance with the cost of the shipping method chosenby the customer. The customer has the right to return the entire order and refund the costs paid to the store tattoocream.eu
9. Other services and electronically supplied
- The Seller, in addition to enabling the conclusion of Contracts through the Store inaccordance with these Regulations, also provides the following services free of charge electronically to Customers:
Newsletter service
b. Individual Account Service
2. In order to start providing the Newsletter service, it is required to consent to receive the Newsletter by the Customer by ticking the appropriate box when creating an Individual Account and its confirmation by clicking on the activation link sent by the
Seller to the e-mail address provided by the Customer (the moment of commencement of the Newsletter delivery service).
3. The newsletter is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter), in particularby clicking on the deactivation link in each Newsletter
sent to the Customer in the form of an e-mail or sending an appropriate request to the Seller using the contact details.
4. The Individual Account service is available after data registration in the Store’s system on the terms described in paragraph 4 of the Regulations and consists in providing the Customer with an individual panel in the Seller’s ICT system, allowing the Customer to
use additional functionalitiesof the Store’s website, such as modification of the Customer’s data, maintaining the Customer’s session after logging in to the Individual Account, storing and sharing the customer’s order history, tracking the status of orders.
5. The service of providing information about the availability of the Goods and the Subscription for the Goods is available after completing the appropriate field with an e-mail address.
6. The Customer is entitled at any time to request the cessation of the provision of services by the Store indicated in paragraph 1. In this case, the contract for the provision of Newsletter services or Individual Account services, respectively, is terminated, and the Seller has 14 days to delete the Individual Account or delete the Customer’s data from the database of persons who have agreed to receive the Newsletter, subject to the rules for the processing of Customers’ personal data contained in the “Privacy Policy” document, available on the Store’s website under the “Privacy Policy” tab.
10. Protection of personal data
- The Customer’s personal data is processedby the Seller as the administrator of personal data.
The Seller applies appropriate technical and organizational measures to ensure the protection of personal data.
3. The principles and purposes of the processing of Customers’ personal data are contained in the document “Privacy Policy”, available on the Store’s website under the “Privacy Policy” tab.
11. Final provisions
- The Regulations are valid from 15.07.2019.2
. Contracts concluded by the Seller are concluded in Polish.
The Seller shall be liable for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits ofactual losses incurred by the Customer who is an Entrepreneur.
4. The Parties shall endeavour to amicably resolve any disputes arising under the agreement concluded on the basis of these Regulations.
5. The Customer who is a Consumer has the possibility to use the following out-of-court methods of pursuing claims and considering complaints:a. the possibility of requesting proceedings for out-of-court resolution of consumer disputes on the basis of the Act of 23 wr 2016
on out-of-court resolution of consumer disputes(Journal of Laws of 2016, item 1823), i.e. e.g. to the Provincial Inspector of Trade Inspection in Gdansk;
b. applying for the case to be heard by the Permanent Consumer Arbitration Court actingat the relevant Provincial Inspectorate of Trade Inspection; and c. asking the
Municipal Consumer Ombudsman for assistance in protecting the interests and rights of consumers. Free assistance to consumers in the protection of their rights and interestsis also provided by social organizations, such as the Association of Polish Consumers
.
6. Lack of acceptance of the Regulations prevents the purchase of Goods offered by the Store. The Store will allow the Customer to read the Regulations when placing an order. Allorders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day of placing the order by the Customer. Customers with an Individual Account will be informedabout the change of the Regulations via e-mail correspondence. A Customer who does not accept the changes introduced in the Regulations has the right to withdraw from the contract for the provision of electronic services.
7. The law applicable to the settlement of anydisputes arising under these Regulations is the Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.