Terms and Conditions
TERMS OF ONLINE STORE
(valid from July 16, 2019)
These Terms and Conditions determine the rules of making purchases in Online Store ran by the Seller at the following address:www.nails.silcare.com.
The Online Store is owned by Silcare Spółka z o.o. sp. k., Kostrzyńska 1 Street, 66-400 Gorzów Wielkopolski, Poland, Tax Identification Number (NIP): 5993172742, otherwise called as “Service Provider”. The Seller is available at the following address: Kostrzyńska 1 Street, Gorzów Wlkp. 66-400, Poland.
Contact information of the Service Provider:
Consumer Helpline: 957250315 ext. 26 (to Fri 7:00 a.m. to 3:00 p.m.)
E-mail address: email@example.com
Kostrzyńska 1 Street
66-400 Gorzów Wlkp.
§ 1 Definitions
1. Terms and Conditions – these rules. For services supplied electronically, the Terms and Conditions are the rules referred to in Article 8 of the Act of July 18, 2002 on provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended).
2. Customer (Buyer, or also otherwise called as “Consumer”) – is a natural person who is at least 13 years of age (however, if this person is under 18 years of age, a consent of a statutory representative is required), a legal person or an organizational unit, which is not a legal person, to which special regulations grant legal capacity, and who places or intends to place an Order or uses other services of the Online Store.
3. Subject of the transaction – Goods listed and described on the Online Store. The Seller shall make every effort to ensure that the offer presented on the websites is up-to-date. However, if some of the Ordered Goods will not be available, the Seller undertakes to immediately inform the Buyer about this situation by phone or email.
4. Goods – all movables covered by the Sales Agreement.
5. Additional Service – service provided by the Service Provider to the Customer outside the Online Store, due to the nature of the sold products.
6. Product – Goods and Additional Services presented on the Online Store.
7. Sales Agreement – within the meaning of the Civil Code, means a Product sales contract concluded between the Service Provider and a Customer by means of distance communication (including by phone).
8. Nails Silcare Online Store – a website available under the internet address www.nails.silcare.com, through which a Customer can purchase a Product.
9. Party – Service Provider and Customer.
10. Online Store Website – every web page or subpage available at www.nails.silcare.com.
11. Order – declaration of will of the Customer determining the kind and number of Products that leads to signing a distance Sales Agreement via Online Store.
§ 2 General principles
1. The condition for placing an Order in the Online Store by the Customer is to read these Terms and Conditions and accept their terms during the Order lead time.
2. Nails Silcare Online Store carries out retail sales via the Internet.
3. All products offered in Nails Silcare Online Store are brand new, in original packages, free from defects in material and legal, and have been legally introduced into the Polish market.
4. Technical requirements necessary for using the electronic information and communication system used by the Service Provider:
a) Computer, laptop or other multimedia device with Internet access.
b) Access to email and phone.
c) Web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher. 1.24.
d) Recommended display resolution: 1024x768.
We kindly remind you that the graphics presented on the web pages of the web store may vary slightly from the actual product. Colors of the items may differ due to computer and display settings (e.g. color depth).
§ 3 Placing orders
1. All prices quoted on the web pages of Nails Silcare are gross prices expressed in Polish zloty, euro, US dollar or pound sterling (and include VAT). The given prices do not include shopping costs.
2. Orders can be placed through website, phone or email.
3. Orders can be placed through website 24 hours a day, 7 days a week, all year round. Placing Orders through phone or email is possible only during hours specified on the Online Store’s website.
4. Order will become effective only if the Customer will properly complete the order form and provide accurate contact details, including phone number, email address and detailed address to which the Goods are to be delivered.
5. In the case, where the provided contact data is not complete, the Seller will contact the Buyer. If contacting the Buyer is impossible, the Seller have the right to cancel the Order. Online Store shall not be liable for non-delivery of ordered goods by the suppliers, resulting from an incorrect, inaccurate or fake address of delivery provided by the Customer. The Online Store is not obliged to verify personal information provided by the Customer during order placement. Giving an incorrect or fake email address and phone number prevents contact of the Online Store with the Customer regarding fulfillment of the Order.
6. The Buyer accepts electronic issue and transmission of electronic images of billing documents (such as, in particular: VAT invoices with attachments, corrective VAT invoices with attachments and forms) to the provided by them email address. This acceptance also allows the Seller to issue and send electronic VAT invoices in accordance with the Regulation of the Minister of Finance of December 17, 2010 on the transmission of electronic invoices, rules of storing them and the procedures for making these invoices available to the tax authority or inspection authority.
7. During Order placing, the Buyer may consent for including their personal details in the Seller’s Online Store database for the purpose of processing them in connection with the realization of the Order. Where granted, the Buyer have the right to review their personal data, correct it or demand its removal.
8. The Buyer may use the option to store their personal data in the system’s memory in order to facilitate the process of placing subsequent Orders. For this purpose, the Buyer needs to enter their login and password that are necessary to access their own account. The Customer’s login means the provided by them email address. Password means a sequence of characters chosen by the Customer. The password of the Customer is not known to the Seller, and the Customer is obliged to keep it secret and protect it against third-party access.
9. After placing an effective Order by the Customer, they’ll receive an automatic message from the Online Store, confirming that the Order has been accepted.
10. The time of starting the realization of the Order is the same as the moment of making a payment to the bank account specified in the order confirmation in the case of a bank transfer, cash card payment or by choosing the option "cash on delivery".
§ 4 Costs and shipping date
1. The Ordered Goods are shipped to the address indicated on the order form or either provided by phone, or by email. The Web Store shall immediately inform the Customer about improperly completed order form, which prevents the shipment or may cause its delay.
2. The Goods are delivered via specialized courier companies or the Polish Post. In some cases, there is also the possibility to collect Goods individually at the Seller's registered office or at one of the Seller’s stationary stores.
3. The Order is sent according to the date specified on the pages of the service (usually from 1 to 10 working days). The amount of shipment time, performed according to the courier’s chosen method of delivery (usually 1 working day), should be added to the amount of order realization time. It is an estimated time of arrival of the Order. The amount of time the payment is credited to the Web Wtore’s bank account (usually from 1 to 2 working days) should be added to the amount of time specified on the pages of the service when selecting a payment option “bank transfer” or “cash card payment or online payment”.
4. It is allowed to change the date of order realization in the case of reasons beyond Online Store’s control. This applies in particular to Goods imported from abroad by importers due to the fact that restocking the store’s stock with fast-moving goods depends on the importers’ state of stocks. In case of shortage of Goods at the store, the Customer will be informed on the fact by the Online Store.
Please note that non-working days (Saturdays, Sundays, holidays) and special periods of the year (the so-called long weekends, end of school year, periods immediately before Easter and Christmas) increase the effective waiting time for Ordered Goods.
5. The Buyer is charged with the delivery costs (shipment) specified in the delivery price list. The amount of fees depends on type of transport and method of payment. The Buyer can consult the price list at any time by clicking on “your shopping cart” subpage.
§ 5 Payments
1. We issue a receipt or invoice for every purchased product.
2. Payment for the Ordered Goods may be made on delivery (cash on delivery), via electronic payment system (name of the system) or bank transfer to bank account of the Online Store.
3. For certain types of assortment, the Provider reserves the right to limit the methods of payment by excluding chosen payment options available on the website.
§ 6 Collection of Ordered Goods.
1. Deliveries are made within the entire European Union and most non-EU countries.
2. Before accepting the Ordered Goods delivered by mail or courier, please check whether the package has not been damaged during transport. Special attention should be paid to the state of tapes and seals pasted on the package. You should refuse to collect the package if it has any signs of damage, or if the seals (tapes) are broken, and you should draw up a damage protocol in the presence of the courier and immediately contact the Seller in order to explain the issue. In a situation in which a damage protocol, regarding the state of amount and quantity of the package during collection of ordered goods, hasn’t been drawn up, it may adversely affect the outcome of Customer’s claim settlement arising from damage or robbery in transport.
3. Even if the collected package with Ordered Goods doesn’t bare any signs of damage, it is recommended to check the contents of the collected package if the amount of Goods is the same as in the purchase order. You should check the contents immediately and inform the Seller about any quantity defects within a reasonable period of time from the date of shipment receipt.
4. After generating a shipping list, we send a package tracking number, which helps the Customer to track the status of their package and allows them to act if a problem with delivery occurs. No response to the delivery attempt notice or other status informing the Customer about the necessity of taking action on their part may adversely affect the outcome of Customer’s claim settlement arising from failed delivery.
5. Rules concerning online orders collected from Silcare® Brand Stores:
A) After placing an Order, please indicate address of delivery location. Personal collection of Ordered Goods/bookings placed electronically is only possible with cash payments.
B) Collection of Orders is carried out on the basis of product booking. We recommend contact with a chosen Brand Store before or after placing an Order via nails.silcare.com Online Store to confirm availability of booked products.
C) Price list, promotions and stock state of a given Brand Store apply. Usually, there are no clearance products and OUTLET products in stationary stores’ stocks.
D) Orders are transferred to a chosen Brand Store within 12 hours. The staff of a chosen Brand Store will contact the Customer in order to set the details of collection of Goods.
E) Collecting Orders in Gorzów Wlkp. can only be made directly from the company’s registered office. Such Orders are treated as standard Orders and the applicable prices, discounts and special offers can be found on the webpage. The Customer can make an advanced payment only.
§ 7 Instructions on the withdrawal from the agreement
1. The Consumer who concluded a distance contract or an off-premises contract may withdraw from the contract within 14 days without giving any reason.
2. In order to exercise the right of withdrawal from the agreement, the Consumer shall notify the Seller in a declaration on the withdrawal from this agreement (e.g. via traditional post or electronic mail). In order to withdraw from the agreement, the Consumer may use the attached withdrawal form or other written form consistent with the Law, including a model withdrawal form attached as annex 1 to the Act of May 30, 2014 on consumer rights. To meet the withdrawal deadline, it is sufficient to send information concerning the Consumer’s exercise of the right of withdrawal from the agreement to the Seller before expiry of the withdrawal period.
In case if such declaration on withdrawal from agreement is made, the agreement shall be considered not concluded.
3.The Seller excludes declaration on withdrawal from agreement if it is not made in writing.
4.The Consumer shall be required to immediately return the item to the Seller but not later than within 14 days from the date of withdrawal. The Consumer shall return items that are subject of the agreement from which they have withdrawn at their own cost and risk.
To meet the deadline, the Consumer only have to return the items before the due date.
The Goods should be sent back to the following address:
66-400 Gorzów Wlkp.
*The Goods purchased in Online Store cannot be returned to the stationary store (Silcare Brand Store).
5. The Consumer shall be liable for decrease of the value of the item that is the subject of this agreement caused by usage other than what is necessary to establish the nature, characteristics and functioning of the item.
6. In case of withdrawal from this agreement by the Consumer, the Seller is obliged to return all payments without delay that they received from the Customer, including the shipping costs (with the exception of the supplementary costs resulting from the Customer’s choice of type of delivery other than the most advantageous standard delivery offered by us) no later than within 14 days from the date of receiving by the Seller the Customer’s declaration on withdrawal from this agreement.
The Seller shall return the payment using the same payment method that the Customer used, unless the Consumer have expressly accepted other payment method, which does not involve any financial costs to the Consumer. In case of refund for a transaction made with a cash card, the refund shall be transferred to the bank account linked to the given cash card.
7. The Seller may withhold the refund for the payment made by the Consumer until receipt of the item or evidence of having the item sent back by the Consumer, whichever occurs first.
8. Payment reversal does not cover:
a) used Products;
b) empty Products;
c) items damaged after delivery;
d) Products delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons and were unsealed after delivery;
e) items which are, after delivery, according to their nature, inseparably mixed with other items.
f) items which are liable to deteriorate or expire rapidly;
g) Products / devices that have been improperly used or stored, especially if they have not been used in accordance with the description contained on the Product / device or with leaflet attached to the Product / device.
9. For additional information in the form of “frequently asked questions”, please visit: FAQ SILCARE
§ 8 Complaint Procedure and warranty
1. The Seller shall be liable to the Consumer, in accordance with the rules set out in Article 556 of the Civil Code and what follows, for physical or legal defects (warranty). In case of an agreement with a Consumer where a physical defect was detected no later than within one year from the date of delivering the item, it shall be presumed that the defect or its reason was already present at the time of delivering the item to the Consumer.
2. In case of complaint concerning the obtained Product, on the basis of the Act of April 23, 1964 of the Civil Code, one of the following solutions can be chosen:
a) replacement of the defective Goods with Goods free from any defects (Art. 561 § 1);
b) free-of-charge repair of defective Goods (Art. 560 § 1);
c) goods price reduction (art. 560 § 1);
d) withdrawal from the agreement and refund of the Product’s purchase price (Art. 560 § 1).
66-400 Gorzów Wlkp.
This complaint form is the only method of communication between the Consumer and Silcare sp. z o.o. sp. k. company used to start an immediate, effective and proper complaint procedure.
3. If the sold item has a defect, the Buyer may make a declaration of price reduction or withdraw from the agreement, unless the Seller will immediately and without significant inconvenience to the Buyer replace the defective item with a defect-free one or will remove the defect. This restriction shall not apply if the item has already been replaced or repaired by the Seller or if the Seller have failed to fulfill their obligation to replace the item with a defect-free one or to remove the defect.
The Consumer may not withdraw from the agreement if the defect is immaterial.
4. If the Buyer is a Consumer, they may, instead of defect removal proposed by Silcare sp. z o.o. sp. k., demand replacement of the item with a defect-free one or, instead of replacing the item, demand removal of the defect, unless it is impossible to bring the item into conformity with the agreement in the manner chosen by the Buyer or would require excessive costs compared to the manner proposed by the Seller.
5. Subject to point 6, the complaint department has 14 days to respond to a complaint after receiving it.
6. In particularly difficult cases requiring cooperation of several appropriate organizational units of Silcare sp. z o.o. sp. k. competent in terms of subject matter, or if there is a need to:
a) obtain information from third parties;
b) obtain additional explanations or documents from the Customer;
c) verify or obtain specific data;
d) transfer the complaint to the external entity related to the Product, it is possible to extend the deadline for processing the complaint,
The Consumer shall be informed before the expiry of the 14-day period about the reason for extending the complaint handling deadline and the expected response deadline, which cannot be longer than 30 days from the date of receipt of the complaint, and about the circumstances to be determined within the extended period.
7. The warranty does not apply to Goods:
a) whose expiry date has expired before the Goods were delivered to the complaint department;
b) with removed labels (there is no possibility to identify the Goods);
c) that are empty / used (excluding complaints confirmed by a damage protocol issued by a courier company);
d) bulbs not permanently installed in the equipment offered by Silcare company will not be subject to the complaint process. A Customer who chooses to purchase bulbs will do so at their own risk;
e) Products / devices that have been improperly used or stored, in particular, if used in a manner inconsistent with the description contained on the Product / device or in the leaflet attached to the Product / device.
8. Any complaints regarding the quality of Goods are to be submitted immediately after the occurrence of the event giving rise to concern, but no later than within 3 days (domestic Customers) or 7 days (foreign Customers) from the date of receipt of Goods or from the date of receipt of information about the event by the Customer.
9. Quality complaints should be reported immediately after finding any discrepancies, but no later than within 3 days (domestic Customers) or 7 days (foreign Customers) from the confirmation of receipt of the shipment.
10. If the sold Goods are sent to their destination by the carrier, the Buyer is obliged to examine the consignment; if the Buyer will find out that the Goods have been lost or damaged during the transport, they are obliged to take all necessary steps to establish the carrier's liability. In such a case, the condition necessary to consider the case is to confirm the complaint with a damage protocol issued by the courier company.
11. The Consumer is obliged to deliver the Goods and provide all necessary data to resolve the complaint referred to in point 6 within 7 days from the date of sending the request by the complaint department.
12. Lack of feedback within the deadline specified in point 11 may extend the time of examining the complaint specified in point 5, or cause the Customer's claims to be rejected as groundless.
13. The claimed or returned by the Customer Goods should be properly secured against any possible additional damage that may arise during transport. Lack of proper package may result in refusal to accept the shipment for complaint.
14. Submitting a complaint means that the Consumer give their consent to the processing of personal data provided by them to the extent necessary to consider the matter in accordance with the provisions of the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 1997 No. 133 item 883 as amended). The Customer have the right to view and correct the data.
15. Making a complaint by the Customer is tantamount to accepting these Terms and Conditions.
16. In matters not regulated by these Terms and Conditions, generally applicable legal regulations shall apply.
17. Additional warranty information in the form of questions and answers can be found at: FAQ SILCARE
THE PERSONAL DATA CONTROLLER
We kindly remind you that SILCARE Spółka z ograniczoną odpowiedzialnością (Limited liability company) spółka komandytowa (limited partnership) with its registered office in Gorzów Wielkopolski, Kostrzyńska 1 Street, 66-400 Gorzów Wielkopolski, Poland is the Personal Data Controller. The company is registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Zielona Góra, VIII Commercial Division.
If you have any questions or doubts, please contact us:
- by post: Silcare Spółka z ograniczoną odpowiedzialnością spółka komandytowa, Kostrzyńska 1 Street, 66-400 Gorzów Wielkopolski, Poland
- by email: firstname.lastname@example.org
From May 25, 2018, you have the right to have your personal data at your disposal, in particular:
1) the right to access your personal data processed by the Controller,
2) the right to have your personal data rectified and corrected,
3) the right to demand to cease data processing and to delete them (the so-called the right to erasure / be forgotten),
4) the right to restrict processing personal data and
5) the right to data portability,
6) If data processing raises your doubts, you can lodge a complaint with a supervisory authority, which is the President of the Personal Data Protection Office.
Furthermore, in case of processing of personal data on the basis of consent, which may be withdrawn by you at any time.
THE PURPOSE OF DATA PROCESSING
Dear Customer, your personal data is processed for the following purposes related to the functioning of the SILCARE Online Store https://nails.silcare.com/ :
1) Execution of a Sales Agreement in connection with an Order placed in the SILCARE Online Store, including the delivery of Ordered Goods to the provided address.
*For this purpose, the Company transfers your personal data to entities providing postal and courier services, about which you will be informed with each Order.
2) If you wish to receive a VAT invoice, the data received from you will also be processed for this purpose,
3) For marketing purposes, carried out on the basis of voluntary and additional consent by means of messages sent to your email address (newsletter),
4) Providing us with your email address and telephone number, allows us to provide you with direct information about offers and promotions currently available in the Online Store.
Any data you provide in connection with Orders placed in the SILCARE Online Store are always voluntary, but necessary for the effective implementation of the Sales Agreement.
Consent to receive marketing communications to your email address is a legal basis for the processing of personal data based on Article 10 of the Act on the provision of electronic services and Article 172 of the Act on Telecommunications Law.
We process your data on the basis of Article 6(1)(b) and (c) of the RODO, as well as your consent.
Processing of your personal data may also result from legally justified interests of the Collector, such as:
1) debt collection,
2) conducting court proceedings and settling disputes by amicable means (arbitration, mediation)
With who we may share your personal data
1) In case of purchases made in the Online Store in order to deliver the Ordered Products to you, the Company entrusts your data to the necessary extent (delivery address, telephone number) to entities providing courier and postal services and payment operators available on our website in order to pay the amount due in connection with the purchase,
2) to law firms commissioned by the Company to conduct proceedings,
3) entities or bodies authorized under the provisions of law.
Your data may be transferred to a third country (e.g. the USA) in connection with:
1) actions taken on social networking sites and the use of plugins and other tools from these sites (e.g. Facebook)
2) the use of analytic tools to analyze the behavior of users and to personalize the content of websites, in particular Google Analytics.
The period for which we process your personal data:
1) the period necessary to operate the account in the SILCARE Online Store,
2) corresponding to the length of the period of limitation of claims related to the purchased Goods and the period of time for filing a product complaint, but no longer than for 3.5 years,
3) the period for which the consent was granted,
4) necessary for the performance of accounting and tax obligations under separate provisions of law.
More information can be found in the relevant regulations, available on the website:
In connection with the changes in the regulations concerning the protection of personal data, the above mentioned regulations have been updated accordingly.
We kindly inform you that in the scope of promotional and marketing activities we cooperate with other entities, cookies may also come from these entities.
Our site contains a Facebook plugin (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA). The Facebook plugin on our website is marked with the Facebook logo. This plugin will directly connect you to our profile on the Facebook server. Facebook may then obtain information that you have visited our site from your IP address. If you visit our website while logged in to your Facebook profile, Facebook will register your visit. Even if you are not logged in, Facebook is able to collect information about your IP address.
If you do not wish Facebook to collect information about your visits to our sites, we advise you to log out of your Facebook account beforehand.
Declaration on data protection in Google Analytics
If IP anonymization is enabled when you use our website, your IP address will be truncated by Google. This applies to Member States of the European Union and other countries mentioned in the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. This will enable the IP anonymization function to be active on our website. At the request of the operator of the website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and Internet usage. The IP address transmitted by your browser as part of Google Analytics will not be stored together with other data held by Google.
§ 10 Wholesale purchase
1. Wholesale purchases are made without the participation of the Online Store and are regulated by separate regulations of wholesale departments. If you are interested in large wholesale Orders (that exceed EUR 2500 net for foreign Orders, PLN 2500 net for domestic Orders) or Orders of Products under your own brand, we will contact you with one of our sales representatives. Please contact us in advance at email@example.com
§ 11 Final provisions
1. In matters not regulated by these Terms and Conditions, the provisions of the Act on Consumer Rights - Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and on the amendment of the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended), Act of April 23, 1964 shall apply. - Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
2. Disputes arising from the application of these Terms and Conditions and in connection with the performance of agreements concluded between the Store and Customers shall be considered by the competent court in accordance with the provisions on material and local jurisdiction in accordance with the Act of November 17, 1964. The Code of Civil Procedure (Journal of Laws No. 43 item. 296, as amended).
3. Service Provider reserves the right to make changes to these Terms and Conditions, subject to the reservation that the contracts concluded before the change of the Terms and Conditions shall be governed by the version of the Terms and Conditions in force at the time of placing the order by the Customer.
§ 12 Use of materials
Silcare company permits the use of all promotional and advertising materials contained on its websites, but only with its consent. The use of materials to which Silcare has copyright is subject to the condition that they are reproduced (e.g. texts), displayed (e.g. graphics) in their unaltered form and clearly marked: "Source: nails.silcare.com” – refers to the texts.
The content and graphic materials signed with the Silcare logo are subject to protection provided by Polish and international law, including, in particular, by the provisions on copyright and related rights and on combating unfair competition. Therefore, any attempt to change the content and image in graphic form must be previously consulted with Silcare company.
The description of the sold items is the subject of copyright and is subject to protection in accordance with the Act of February 04, 1994 on Copyright and Related Rights (Journal of Laws No. 24 item 93) and protection under the Act of June 08, 1993 on Combating Unfair Competition (Journal of Laws No. 47 item 211).
It is forbidden to copy photos and descriptions (completely or in part) without our consent. In accordance with the Act on Copyright and Related Rights of February 04, 1994 (Journal of Laws of 1994 No. 24, item 83, as corrected: Journal of Laws of 1994, No. 94, item 170) the use of copyright ideas, solutions, copying, distributing photos, fragments of graphics, text descriptions for commercial purposes without the permission of the author is prohibited and constitutes a violation of copyright and is subject to a penalty.