Terms and Conditions of the online store

Payments on the website are handled by PayU, PayPal and Przelewy24

• 1. DEFINITIONS

The terms used in these Terms and Conditions shall have the following meanings:

1. PASSWORD – a sequence of alphanumeric characters necessary to perform authorization during access to the Account, determined independently by the Client during the Registration process.
2. CLIENT – a natural person with full legal capacity, and in the cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, which is granted legal capacity by law, and which intends to conclude or has concluded a Sales Agreement or an Electronic Service Agreement.
3. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
4. CONSUMER – a natural person for whom the conclusion of a Sales Agreement or an Electronic Service Agreement is not directly related to their business or professional activity.
5. ACCOUNT (CUSTOMER ACCOUNT) – a subpage of the Store, within which information about the Customer’s Orders in the Online Store is m.in collected.
6. PRODUCT – a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
7. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
8. REGISTRATION – a one-time activity consisting in creating an Account by the Client, made using the registration form made available by the Service Provider on the Store’s website.
9. ONLINE STORE (STORE) – the Service Provider’s online store available at www.kinga-kowalczyk.com address, through which the Client may conclude a Sales Agreement or an Electronic Service Agreement.
10. SELLER, SERVICE PROVIDER – Kinga Kowalczyk Cosmetic Studio, Szczecin, 8/2 Szymanowski Street
11. PARTY – Service Provider, Seller or Customer.
12. SALES AGREEMENT (AGREEMENT) – a Product sales agreement within the meaning of the Civil Code, concluded via the Online Store.
13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider via the Online Store.
14. ORDER – a declaration of intent of the Client aimed directly at concluding a Product Sales Agreement and specifying its essential conditions.
15. GDPR – Regulation (EU2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of data of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
16. STUDENT – a person or entity who has purchased an online course

• 2. GENERAL PROVISIONS

1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Client, who is also a Consumer, to which he is entitled under mandatory provisions of law. In the event of any inconsistency of the provisions of these Terms and Conditions with the above provisions, these provisions shall prevail.
2. The Terms and Conditions define the rules of use by the Customers of the Online Store of the Kowalczyk Cinema Cosmetic Studio, Szczecin, 8/2 Szymanowski Street.
3. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204 as amended) and also regulate the terms and conditions of concluding Sales Agreements in the Store
4. The Online Store is run by: Kinga Kowalczyk Cosmetic Studio, Szczecin, 8/2 Szymanowski Street
5. The Service Provider provides the following Electronic Services through the Online Store: a) Customer Account in the Online Store; b) Interactive form enabling Customers to place an Order in the Store c) Computer with Internet access; d) Access to e-mail. e) Web browser: Internet Explorer version 7.0 or later with JavaScript and cookies enabled; Mozilla Firefox version 3.0 or later with JavaScript and cookies enabled; or Google Chrome version 8 or later.
6. The Service Provider uses cookies that collect information related to the use of the Online Store by the Customer in order to maintain the Customer’s session (after logging in to the Account), thanks to which the Customer does not have to re-enter the Password on each subpage of the Store.
7. The Client is prohibited from providing illegal content.
8. The Client is obliged to enter data consistent with the facts.
9. The Client is obliged to use the Online Store in a manner consistent with the law and good practices, bearing in mind the respect for personal rights and intellectual property rights of third parties.
10. It is forbidden to use the Electronic Services in a manner that unlawfully interferes with the functioning of the Online Store by using specific software or devices and sending or placing unsolicited commercial information in the Online Store.
11. In order to ensure the security of the transmission of messages, the Service Provider takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Service provided.

• 3. PROVISION OF ELECTRONIC SERVICES

1. As part of the Store, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions specified in these Terms and Conditions.
2. The provision of Electronic Services by the Service Provider is free of charge.
3. The Agreement for the provision of Electronic Services consisting in maintaining the Client’s Account in the Online Shop is concluded at the time of Registration.
4. In order to complete the Registration, it is necessary for the Client to provide the following data in the registration form: name and surname, address (street, house number, city with postal code), NIP number, e-mail address, contact telephone number and Password.
5. The Agreement for the provision of Electronic Services consisting in providing an interactive form enabling the placement of an Order in the Online Store is concluded at the time of starting to use the above Service (adding the Product to the cart).
6. The agreement for the provision of Electronic Services consisting in maintaining the Client’s Account in the Online Shop is concluded for an indefinite period of time.
7. The contract for the provision of Electronic Services consisting in providing an interactive form enabling the placement of an Order in the Online Store is concluded for a definite period of time and is terminated upon placing the Order.
8. The Client may terminate the agreement for the provision of Electronic Services concluded for an indefinite period of time at any time and without indicating the reasons, with a 7-day notice period.
9. The Client who has registered an Account may terminate the agreement for the provision of this Electronic Service with immediate effect also by deleting the Account on their own, consisting in placing such an instruction using the option within the Account.
10. The Service Provider may terminate the agreement for the provision of Electronic Services concluded for an indefinite period of time in the event that the Client objectively grossly or persistently violates the Terms and Conditions, in particular when it provides content of an objective and unlawful nature. Termination may be submitted after at least one unsuccessful request to cease or remove violations with an appropriate deadline. In such a case, the contract is terminated with a 14-day notice period.
11. Termination of the agreement for the provision of Electronic Services concluded for an indefinite period of time by either Party does not violate the rights or benefits acquired by the Parties during the term of the agreement.
12. Notwithstanding the above provisions, the Parties may terminate the agreement for the provision of Electronic Services at any time by agreement of the Parties.

• 4. Rules for using the Online Store

1. In order to place Orders in the Online Store, it is necessary to have devices that allow access to the Internet, e-mail, as well as a properly configured web browser: Firefox, Google Chrome, Internet Explorer, Opera, Safari with Java Script support. The Client’s browser must have the option to accept “cookies” enabled and the JavaScript interpreter activated.
2. Registration takes place by filling in and accepting the registration form, available on one of the Store’s websites.
3. The condition for registration is to agree to the content of the Terms and Conditions and to provide personal data marked as mandatory.
4. Kinga Kowalczyk Cosmetic Studio may deprive the Client of the right to use the Online Store, as well as may limit their access to part or all of the resources of the Online Store, with immediate effect, in the event of the Client’s violation of the Terms and Conditions, and in particular when the Client:
5. a) provided false, inaccurate or outdated data, misleading or infringing the rights of third parties, during registration in the online store,
6. b) has violated the personal rights of third parties through the Online Store, in particular the personal rights of other customers of the Online Store,
7. c) commits other behaviors that are considered by Studio Kosmetyczne Kinga Kowalczyk as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the company.
8. d) make the purchased online course available to third parties.
9. A person who has been deprived of the right to use the online store cannot re-register without the prior consent of Studio Kosmetyczne Kinga Kowalczyk.
10. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store undertakes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent on the Internet.
11. The Client is obliged in particular to:
12. a) not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
13. b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
14. c) not to take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
15. d) use the Online Store in a way that is not inconvenient for other customers and for Studio Kosmetyczne Kinga Kowalczyk,
16. e) use any content posted in the Online Store only for their own personal use,
17. f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.
18. g) failure to make the purchased online courses available to third parties under the threat of a penalty of PLN 50,000 thousand.
19. The Client may resign from having the Account at any time by sending a declaration of will to resign from the Service in any way ensuring that this declaration reaches the kinga-kowalczyk.com, in particular by sending a message by e-mail to the address of kinga.kowalczyk@gmail.com or in writing to the address of Studio Kosmetyczne Kinga Kowalczyk Szczecin, 8/2 Szymanowski Street. Deletion of the Account does not affect the obligation to perform sales agreements concluded through the Online Store, until the Client’s declaration of will regarding the resignation from the Service is received by Beauty Studio Kinga Kowalczyk. Liquidation of the Account does not affect the order of a courier to collect the goods until the Client’s declaration of will regarding the resignation from the Account is received by Studio Kosmetyczne Kinga Kowalczyk.
20. Kinga Kowalczyk Cosmetic Studio may terminate the agreement for the provision of electronic services provided via the kinga-kowalczyk.com website in the event of the Client’s violation of the provisions of the Terms and Conditions, as well as in the event of the Client’s refusal to consent to the changes in the content of the Privacy Policy. The notice period is 14 days. The statement of termination of the agreement will be sent in electronic form via e-mail to the address provided at the stage of creating the Account. Termination of the agreement does not affect the obligation to perform sales agreements concluded through the Online Store until the expiry of the period of termination of the agreement. Termination of the contract does not affect the obligation to collect the goods by the courier if the Client places an order until the expiry of the period of termination of the contract.
21. The Client has the right to file complaints regarding the Service.
22. A complaint regarding the Service may be submitted in any way that ensures that the Client’s declaration of will regarding the complaint reaches the kinga-kowalczyk.com, in particular electronically via e-mail to the address of kinga.kowalczyk@gmail.com or in writing to the following address: Cosmetic Studio Kinga Kowalczyk Szczecin, 8/2 Szymanowski Street
23. A properly submitted complaint should contain the following data: Client’s data (name, surname, address, e-mail address) justification of the complaint
24. Kinga Kowalczyk Cosmetic Studio will make every effort to ensure that complaints are considered no later than 14 working days from the date of receipt of the complaint, and in particularly complicated cases not later than within 30 working days.
25. It is not possible to use the Service through the website kinga-kowalczyk.com in an anonymous manner.

• 5. Procedure for concluding a Sales Agreement

1. In order to conclude a Sales Agreement via the Online Store, it is necessary to enter the website kinga-kowalczyk.com select the goods, taking subsequent technical steps based on the messages displayed to the Client and the information available on the website.
2. The selection of the ordered Goods by the Client is made by adding them to the cart.
3. During the placement of the Order – until the moment of pressing the “Order” button – the Client has the possibility to modify the entered data and the selection of the Goods. For this purpose, the Client should be guided by the messages displayed to the Client and the information available on the website.
4. After the Client using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information regarding:
5. a) the subject of the contract,
6. b) unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
7. c) the selected payment method,
8. d) the selected method of delivery,
9. e) delivery time,
10. In order to send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the “Order with obligation to pay” button.
11. Sending the Order by the Client constitutes a declaration of intent to conclude a Sales Agreement with Kinga Kowalczyk Cosmetic Studio, in accordance with the content of the Terms and Conditions.
12. After placing the Order, the Client receives an e-mail containing the final confirmation of all essential elements of the Order.
13. The Agreement shall be deemed concluded at the moment of receipt by the Client of the e-mail message referred to above.
14. In the case of payments made via the Przelewy24 settlement service, the payment date is the moment immediately following the order placement, in the case of payments made by bank transfer to the bank account – the date of receipt of funds on the ING account 48 1050 1559 1000 0090 6615 3082, and in the case of collection, the date of delivery of the goods.
15. Kinga Kowalczyk Cosmetic Studio does not store the data of the payment or credit card through which the client makes the payment.
16. The Sales Agreement is concluded in the Polish language, with the content in accordance with the Terms and Conditions.
17. The student of the purchased online course declares that he will not make it available to other entities or third parties. Violation of this clause by the Student will result in the Student’s obligation to pay a contractual penalty in the amount of PLN 50,000 to Kinga Kowalczyk. for each violation. The obligation to pay arises regardless of whether Kinga Kowalczyk suffers any damage from the infringement or not.
18. In the event of incorrect prices due to defects and errors of the system, Kinga Kowalczyk Cosmetic Studio reserves the right to cancel the concluded transaction.

• 6. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

1. Announcements, advertisements, price lists and other information about the Products provided on the websites of the Online Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an agreement, within the meaning of Article 71 of the Civil Code.
2. The price of the Product shown on the Online Store’s website is given in Polish zlotys and includes all components, including VAT and customs duties. However, the prices of the Products do not include delivery costs, which – if any – are indicated when placing an Order and are available on the Online Store’s website in the “Delivery costs” tab.
3. The price of the Product shown on the website of the Online Store is binding at the time of placing the Order by the Client. This price will not change regardless of the changes in prices in the Online Store, which may occur in relation to individual Products after the Customer has placed an Order.
4. In order to conclude a Product Sales Agreement using the interactive form, the Client must go to the website of the Online Shop, select the Product and place an Order based on the messages and information displayed to the Client using the interactive form.
5. When placing an Order, the following data necessary to place an Order should be indicated: name and surname, address (street, house number, city with postal code), invoice data, including NIP number, contact telephone number, Product, quantity of the Product, place and method of delivery of the Product, method of payment.
6. Placing an Order using the interactive form takes place when clicking the “BUY AND PAYROLL” field in the form.
7. After placing the Order, the Seller immediately (1) confirms its receipt, which binds the Client to its statement and (2) accepts the Order for execution – at this point the Sales Agreement is concluded. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Client an appropriate message to the e-mail address provided during the placement of the Order.
8. When placing an Order using an interactive form – until the Order is placed – the Client has the possibility to modify the information introduced to the Client.

• 7. DELIVERY

1. In the case of concluding a Sales Agreement, the Product will be shipped no later than within 7 working days from the date on which the payment for the purchased product is credited to the bank account of the Online Store.
2. The period referred to in paragraph 1 of this paragraph may be extended if the Wholesaler runs out of a given material necessary to complete the order. In such a case, the Online Store is obliged to inform the Client about the situation.
3. The Seller will deliver the Products through available intermediaries.

• 8. PAYMENT

1. The Seller provides the following payment methods: a) Bank transfer (the Seller’s bank account details are indicated on the Store’s website and in the e-mail sent to the Client after placing the Order). b) PayPal c) BLIK d) credit card
2. In the case of Clients who are not Consumers at the same time, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part.

• 9. RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Client, who is also a Consumer who has concluded a Sales Agreement or an Electronic Service Agreement, may withdraw from it without giving reasons, by submitting an appropriate statement in writing within fourteen days. To meet this deadline, it is sufficient to send the statement before its expiry. The above right may be exercised by the Consumer by sending a statement of withdrawal to the following address: here the full name of the company should be entered
2. The 14-day period within which the Consumer may withdraw from the Sales Agreement or the Electronic Service Agreement shall be counted from the date of delivery of the Product in the case of the Sales Agreement, and in the case of the Agreement for the provision of Electronic Services – from the date of its conclusion.
3. In the event of withdrawal from the contract, the Sales Agreement or the Electronic Service Agreement shall be deemed not to have been concluded and the Client shall be released from any obligations. What the Parties provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.
4. The Seller will make the refund to the bank account number indicated by the Consumer or in another way indicated by the Consumer.
5. The Consumer shall not have the right to withdraw from a distance contract in the following cases:a) provision of services commenced, with the consumer’s consent, before the expiry of the period referred to aboveb) concerning audio and visual recordings and recorded on computer data carriers after the consumer has removed their original packagingc) agreements concerning services for which the price or remuneration depends solely on the price movement on the financial marketd) services with the characteristics specified in the by the Consumer in the order placed by him or closely related to him/her) services which, due to their nature, cannot be returned or the subject of which is subject to quick deterioration/services) services that have been ordered in accordance with strictly defined rules by the Consumer (colour, size, style, font, its colour, its layout, etc.) g) services for which the Store incurred its own costs (costs of ordering material from the wholesaler, costs of delivery of the product from the wholesaler)

• 10. COMPLAINT PROCEDURE

1. The Seller is liable to the Client who is a natural person who purchases the Product for purposes not related to professional or business activity, due to the non-compliance of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on specific terms and conditions of consumer sales and on the amendment of the Civil Code (Journal of Laws No. 141, item 1176 as amended).
2. Complaints due to non-compliance of the Product with the Sales Contract can be submitted in writing to the following address: here the full name of the company should be entered
3. The Seller will respond to the complaint immediately, no later than within 14 days from the date of receipt of the complaint. The Seller’s response to the complaint is sent to the address provided by the Client or in another way provided by the Client.
4. The Seller informs that in the case of Products covered by the warranty, the rights in this respect should be exercised in accordance with the conditions included in the warranty card. The warranty for the sold Product does not exclude, limit or suspend the Customer’s rights due to the Seller’s liability for non-compliance of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on specific conditions of consumer sales and on the amendment of the Civil Code (Journal of Laws No. 141, item 1176 as amended).
5. Complaints related to the provision of Electronic Services can be submitted in writing to the following address: here please enter the full name of the company
6. The Client has the right to file a complaint within 3 months from the date on which they noticed irregularities in the provision of the Service
7. It is recommended to provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details – this will facilitate and accelerate the consideration of the complaint by the Service Provider.
8. The complaint will be considered by the Service Provider immediately, no later than within 14 days.
9. The Service Provider’s response to the complaint is sent to the Client’s e-mail address provided in the complaint or in another manner provided by the Client.

• 11. Legality of purchases

1. The online store declares that all products purchased in this store are legally admitted to trading in accordance with Article 4 point 4 of the Copyright Act (file reference number I ACa 942/15) in connection with Article 1 of the Copyright Act.

• 12.Personal Data Protection

1. Personal data will be processed by kinga-kowalczyk.com, in compliance with all security requirements specified in the Act of 29 August 1997 on the protection of personal data in accordance with the Privacy Policy attached to the Regulations.
2. Providing personal data by the Buyer is necessary to enable the execution of the placed Order.
3. Personal data is generally processed przezkinga-kowalczyk.com in order to complete the placed Order. The personal data provided will be stored in the administrator’s database and will be used for the proper performance of the sales contract and, if you have given a separate consent, for marketing purposes, in particular to inform you about new products, services and promotions and to send you a newsletter.
4. Personal data will be archived by the entrepreneur for three years from the last sale.
5. In accordance with the GDPR, the Buyer has the right to inspect their personal data, the possibility of correcting, limiting and deleting them. For this purpose, the Client may send a request to the following email address: biuro@kinga-kowalczyk.com
6. In accordance with the Personal Data Protection Act, the Buyer has the right to inspect their personal data, the possibility of correcting and deleting them.
7. Providing personal data is voluntary, however, failure to provide them may prevent the Buyer’s Order from being completed.
8. Upon registration on the kinga-kowalczyk.com website, I declare that I have been informed about my right to access my personal data and correct them, as well as the free right to object to their processing at any time by contact: in electronic form, to the following address: kinga.kowalczyk@gmail.com in writing, to the following address: Studio Kosmetyzne Kinga Kowalczyk, Szczecin, Szymanowski 8/2

You have the right to receive data about you in a structured, commonly used and machine-readable format. It also has the right to send this data to another controller, without hindrance from the Controller from whom the data will be extracted (Article 20(1) of the GDPR). Where technically possible. The Client may request the Administrator to send their data directly to another administrator (Article 20(2) of the GDPR).

The Seller uses “cookies”. The information collected with the use of cookies allows us to adjust the services and content to the individual needs and preferences of the Users, as well as is used to develop general statistics on the use of the Store by the Users. Disabling the option in the web browser that allows saving “cookies” generally does not prevent the use of the Store, but it may cause some difficulties. .

• 13. FINAL PROVISION

1. Agreements concluded through the Online Store are concluded in Polish.
2. In matters not covered by these Terms and Conditions, the provisions of the law in force in the territory of the Republic of Poland shall apply, including the Civil Code, the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws No. 22, item 271, as amended); of the Act on Specific Terms and Conditions of Consumer Sales and on the Amendment of the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.
3. The choice of Polish law does not deprive the consumer of the protection afforded to him on the basis of provisions that cannot be excluded by way of a contract, under the law that would be applicable in the absence of the choice, i.e. the law of the country in which the consumer has his habitual residence and the entrepreneur (1) carries out his business or professional activity in the country where the consumer has his habitual residence; or (2) in any way directs such activity to that country or to several countries including that country; and the contract falls within the scope of this activity.
4. Clients may access the Terms and Conditions at any time via the link on the home page of the Online Store, as well as download and print them. The current Terms and Conditions of the Online Store are available at: http://kinga-kowalczyk.com/terms-and-conditions and are delivered free of charge to the Client (by electronic means) at each of their requests.
5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement and the Electronic Service Agreement takes place by:(1) making the Terms and Conditions available on the websites indicated in point 9.3 and (2) sending an e-mail to the Customer, and in the case of the Sales Agreement also by(3) attaching the proof of purchase and the Order specification to the shipments. (4) Disputes arising between the Service Provider, the Seller and the Customer, who is also a Consumer, shall be submitted to the competent common courts. Disputes arising between the Service Provider, the Seller and the Client, who is not at the same time a Consumer, shall be submitted to the court competent for the Service Provider’s registered office.