ONLINE SHOP TERMS AND CONDITIONS

BEAU-AND-ECO.PL

CONTENTS: 

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

3. TERMS FOR CONCLUDING THE CONTRACT OF SALE

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

5. COST, METHODS AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT

6. PRODUCT COMPLAINTS

7. OUT-OF-COURT COMPLAINT RESOLUTION AND REDRESS PROCEDURES AND RULES FOR ACCESSING THESE PROCEDURES

8. RIGHT TO WITHDRAW FROM THE CONTRACT

9. PROVISIONS FOR BUSINESS CUSTOMERS 

10. FINAL PROVISIONS

11. MODEL WITHDRAWAL FORM

The Online Shop beau-and-eco.pl safeguards consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and are replaced by the provisions of that Act. Accordingly, these Terms and Conditions are not intended to exclude or restrict any consumer rights arising under mandatory provisions of law, and any doubts must be interpreted in the consumer's favour. If any provisions of these Terms and Conditions conflict with the above legal provisions, those legal provisions take precedence and must be applied.

GENERAL PROVISIONS

1. The Online Shop available at beau-and-eco.pl is operated by PATRYCJA IZDEBSKA, who conducts business under the name PATRYCJA IZDEBSKA and is entered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following business address: ul. Piotrkowska 55/108, 90-413 Łódź and address for service: ul. Arachidowa 28, 91-232 Łódź, NIP 9471821830, REGON 101276310, email address: sklep@beau-and-eco.pl, telephone number: (+48) 600163644.

2. These Terms and Conditions apply to both consumers and business customers using the Online Shop, unless a particular provision of the Terms and Conditions states otherwise.

3. The Seller is the controller of personal data processed in the Online Shop in connection with the implementation of these Terms and Conditions. Personal data are processed for the purposes, for the period and on the grounds and in accordance with the principles set out in the privacy policy published on the Online Shop's website. The privacy policy sets out, in particular, the principles governing the processing of personal data by the Controller in the Online Shop, including the grounds, purposes and duration of processing and the rights of data subjects, as well as information on the use of cookies and analytics tools in the Online Shop. Use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by a Service Recipient or Customer using the Online Shop is voluntary, subject to the exceptions specified in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

4. Definitions:

1. WORKING DAY – a day from Monday to Friday, excluding statutory public holidays.

2. REGISTRATION FORM – a form available in the Online Shop that allows an Account to be created. 

3. ORDER FORM – an Electronic Service comprising an interactive form available in the Online Shop that allows an Order to be placed, in particular by adding Products to the electronic shopping basket and specifying the terms of the Contract of Sale, including the delivery and payment methods.

4. CUSTOMER – (1) a natural person with full legal capacity to act and, in cases provided for by generally applicable law, also a natural person with limited legal capacity to act; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who or which has concluded or intends to conclude a Contract of Sale with the Seller.

5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93, as amended).

6. ACCOUNT – an Electronic Service comprising a set of resources in the Service Provider's information and communications system, identified by an individual username (login) and a password supplied by the Service Recipient, in which the data provided by the Service Recipient and information about their Orders placed in the Online Shop are stored.

7. NEWSLETTER – an Electronic Service comprising an electronic distribution service provided by the Service Provider by email, which allows all Service Recipients using it to automatically receive successive periodic editions of the newsletter from the Service Provider, containing information about Products, new arrivals and promotions in the Online Shop.

8. PRODUCT – a movable item available in the Online Shop that is the subject of a Contract of Sale between the Customer and the Seller. 

9. TERMS AND CONDITIONS – these terms and conditions of the Online Shop.

10. ONLINE SHOP – the Service Provider's online shop available at: beau-and-eco.pl.

11. SELLER; SERVICE PROVIDER – PATRYCJA IZDEBSKA, who conducts business under the name PATRYCJA IZDEBSKA and is entered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following business address and address for service: ul. Arachidowa 28, 91-232 Łódź, NIP 9471821830, REGON 101276310, email address: sklep@beau-and-eco.pl, telephone number: (+48) 600718282.

12. CONTRACT OF SALE – a contract for the sale of a Product being concluded or already concluded between the Customer and the Seller through the Online Shop.

13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Shop.

14. SERVICE RECIPIENT – (1) a natural person with full legal capacity to act and, in cases provided for by generally applicable law, also a natural person with limited legal capacity to act; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who or which uses or intends to use an Electronic Service. 

15. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827, as amended)

16. ORDER – a declaration of intent made by the Customer using the Order Form and aimed directly at concluding a Contract of Sale for a Product with the Seller.

ELECTRONIC SERVICES IN THE ONLINE SHOP

1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

1. Account – the Account can be used after the Service Recipient has completed both of the following steps in sequence: (1) completing the Registration Form, (2) clicking the “Save” button. In the Registration Form, the Service Recipient must provide the following personal details: first name and surname, email address, password and, optionally, date of birth. Service Recipients who are not consumers must also provide their company name and NIP number.

1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may have the Account deleted (discontinue the Account) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular by email to: sklep@beau-and-eco.pl or in writing to: ul. Arachidowa 28, 91-232 Łódź.

2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping basket in the Online Shop. The Order is placed after the Customer has completed both of the following steps in sequence: (1) completing the Order Form and (2) after completing the Order Form, clicking the “Order with obligation to pay” button on the Online Shop's website – until that point, the Customer can amend the details entered themselves (to do so, they should follow the messages displayed and the information available on the Online Shop's website). In the Order Form, the Customer must provide the following details about themselves: first name and surname/company name, address (street, house/flat number, postcode, town/city, country), email address and contact telephone number, as well as the following details concerning the Contract of Sale: Product(s), quantity of Product(s), place and method of delivery of the Product(s) and payment method. Customers who are not consumers must also provide their company name and NIP number. 

1. The Order Form Electronic Service is provided free of charge on a one-off basis and ends when an Order is placed through it or when the Service Recipient abandons the process of placing an Order through it before that point. 

3. Newsletter – use of the Newsletter begins after an email address to which future editions of the Newsletter are to be sent has been entered in the “Newsletter” tab displayed on the Online Shop's website and the action button has been clicked. The Newsletter can also be subscribed to by ticking the relevant checkbox when creating an Account – the Service Recipient is subscribed to the Newsletter when the Account is created.

1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter (discontinue the Newsletter) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular by email to: sklep@beau-and-eco.pl or in writing to: ul. Arachidowa 28, 91-232 Łódź.

2. Technical requirements for using the Service Provider's information and communications system: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) an up-to-date version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) the storage of cookies and JavaScript support must be enabled in the web browser.

3. The Service Recipient must use the Online Shop in accordance with the law and accepted standards of conduct, respecting the personal rights, copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient must enter information that is factually correct. The Service Recipient is prohibited from supplying unlawful content.

4. Complaints procedure for Electronic Services:

1. The Service Recipient may submit complaints concerning the provision of Electronic Services by the Service Provider and other complaints concerning the operation of the Online Shop (excluding the Product complaints procedure set out in clause 6 of the Terms and Conditions), for example: 

1. in writing to: ul. Arachidowa 28, 91-232 Łódź;

2. electronically by email to: sklep@beau-and-eco.pl.

2. The Service Recipient is advised to include the following in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the nature of the problem and the date it occurred; (2) the remedy requested by the Service Recipient; and (3) the complainant's contact details – this will facilitate and expedite the Service Provider's handling of the complaint. The requirements in the preceding sentence are recommendations only and do not affect the validity of complaints submitted without the recommended description.

3. The Service Provider will respond to the complaint without undue delay, no later than 14 calendar days from the date it is submitted. 

TERMS FOR CONCLUDING THE CONTRACT OF SALE

1. The Contract of Sale between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Terms and Conditions. 

2. The Product price displayed on the Online Shop's website is stated in Polish złoty and includes taxes. The Customer is informed on the Online Shop's website, while placing the Order and also when expressing their intention to be bound by the Contract of Sale, of the total price including taxes of the Product covered by the Order, the delivery costs (including charges for transport, delivery and postal services) and any other costs or, where the amount of those charges cannot be determined, of the obligation to pay them.

3. Procedure for concluding a Contract of Sale in the Online Shop using the Order Form

1. The Contract of Sale between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Shop in accordance with clause 2.1.2 of the Terms and Conditions. 

2. After an Order is placed, the Seller promptly confirms receipt and simultaneously accepts the Order for fulfilment. Receipt of the Order and its acceptance for fulfilment are confirmed by the Seller sending the Customer an appropriate email to the email address provided by the Customer when placing the Order. This email contains, at a minimum, the Seller's statements confirming receipt of the Order and its acceptance for fulfilment, together with confirmation that the Contract of Sale has been concluded. The Contract of Sale between the Customer and the Seller is concluded when the Customer receives that email.

4. The content of the Contract of Sale being concluded is recorded, safeguarded and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop's website and (2) sending the Customer the email referred to in clause 3.3.2 of the Terms and Conditions. The content of the Contract of Sale is additionally recorded and safeguarded in the IT system of the Seller's Online Shop.

PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

1. The Seller offers the Customer the following payment methods under the Contract of Sale: 

1. Cash on delivery when the parcel is received.

2. Cash payment on collection in person.

3. Payment by transfer to the Seller's bank account.

4. Electronic payments and payment card payments through the Dotpay.pl service – the currently available payment methods are listed on the Online Shop's website in the payment methods information tab and on the website http://www.dotpay.pl.

1. Transactions using electronic payments and payment cards are settled through the Dotpay.pl service according to the Customer's choice. Electronic payments and payment card payments are processed by: 

1. Dotpay.pl – DOTPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Kraków at ul. Wielickiej 72, 30-552 Kraków; entered in the register of entrepreneurs of the National Court Register under KRS number 0000700791 by the District Court Sąd Rejonowy dla Krakowa – Śródmieścia w Krakowie, Commercial Division XI, with NIP 6342661860 and REGON 240770255 and fully paid-up share capital of 4.000.000,00 złoty.

5. Payment in instalments – payment is made wholly or partly from funds provided under a credit or leasing agreement concluded between the Customer and a third party through the following companies:

1. SANTANDER CONSUMER BANK SPÓŁKA AKCYJNA, with its registered office in Wrocław (registered office address: ul. Strzegomska 42C, 53-611 Wrocław); entered in the register of entrepreneurs of the National Court Register maintained by the District Court Sąd Rejonowy dla Wrocławia – Fabrycznej, Commercial Division VI of the National Court Register, under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938, share capital: 520.000.000,00 zł.

2. MBANK SPÓŁKA AKCYJNA, with its registered office in Warszawa (registered office address: ul. Senatorska 18, 00-950 Warszawa); entered in the register of entrepreneurs of the National Court Register maintained by the District Court Sąd Rejonowy dla m. st. Warszawy w Warszawie, Commercial Division XII of the National Court Register, under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524, fully paid-up share capital: 168.840.628,00 zł.

3. CREDIT AGRICOLE BANK POLSKA SPÓŁKA AKCYJNA, with its registered office in Wrocław (registered office address: pl. Orląt Lwowskich 1, 53-605 Wrocław); entered in the register of entrepreneurs of the National Court Register by the District Court Sąd Rejonowy dla Wrocławia – Fabrycznej, Commercial Division VI of the National Court Register, under KRS number: 0000039887, NIP: 6570082274, with share capital of 699.000.000,00 zł.

2. Payment deadline:

1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer must make payment within 7 calendar days from the date the Contract of Sale is concluded. 

2. If the Customer chooses cash on delivery when receiving the parcel or cash payment on collection in person, the Customer must make payment when receiving the parcel.

COST, METHODS AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT

1. Delivery of the Product is available within the territory of the Republic of Poland.

2. Delivery of the Product to the Customer is subject to a charge, unless the Contract of Sale provides otherwise. The costs of delivering the Product (including charges for transport, delivery and postal services) are shown to the Customer on the Online Shop's website in the delivery costs information tab and while placing the Order, including when the Customer expresses their intention to be bound by the Contract of Sale. 

3. Collection of the Product in person by the Customer is free of charge. 

4. The Seller offers the Customer the following methods of delivery or collection of the Product:

1. Postal delivery, cash-on-delivery postal delivery.

2. Courier delivery, cash-on-delivery courier delivery.

3. Pallet delivery.

4. Delivery to a parcel locker.

5. Collection in person is available at: ul. Arachidowa 28, 91-232 Łódź – on Working Days, after arranging a collection time with the Seller in advance.

5. The delivery time for the Product to the Customer is 7 to 120 Working Days (if the Product needs to be sourced to fulfil the Customer's Order), unless a shorter period is specified in the description of the relevant Product or while placing the Order. For Products with different delivery times, the longest stated delivery time applies, but it may not exceed 120 Working Days. The delivery period for the Product to the Customer begins as follows:

1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the day the Seller's bank account or settlement account is credited.

2. If the Customer chooses cash on delivery – from the date the Contract of Sale is concluded.

3. If the Customer chooses payment in instalments – from the day the lender notifies the Seller that a credit agreement has been concluded with the Customer, but no later than the day the funds from the credit granted to the Customer are credited to the Seller's bank account.

4. If the Customer chooses payment through leasing – from the day the lessor notifies the Seller that a leasing agreement has been concluded with the Customer, but no later than the day the funds from the leasing arrangement granted to the Customer are credited to the Seller's bank account.

6. The time until the Product is ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 to a maximum of 120 Working Days (if it needs to be sourced to fulfil the Customer's Order), unless a shorter period is specified in the description of the relevant Product or while placing the Order. For Products with different times until they are ready for collection, the longest stated period applies, but it may not exceed 120 Working Days. The Seller will also inform the Customer when the Product is ready for collection. The period for making the Product ready for collection by the Customer begins as follows:

1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the day the Seller's bank account or settlement account is credited.

2. If the Customer chooses cash payment on collection in person – from the date the Contract of Sale is concluded.

3. If the Customer chooses payment in instalments – from the day the lender notifies the Seller that a credit agreement has been concluded with the Customer, but no later than the day the funds from the credit granted to the Customer are credited to the Seller's bank account.

4. If the Customer chooses payment through leasing – from the day the lessor notifies the Seller that a leasing agreement has been concluded with the Customer, but no later than the day the funds from the leasing arrangement granted to the Customer are credited to the Seller's bank account.

PRODUCT COMPLAINTS 

1. The basis and scope of the Seller's liability to the Customer where the Product sold has a physical defect or a defect in title (statutory warranty for defects) are determined by generally applicable law, in particular the Civil Code (including Articles 556-576 of the Civil Code). 

2. The Seller must supply the Customer with a Product free from defects. Detailed information on the Seller's liability for Product defects and the Customer's rights is provided on the Online Shop's website in the complaints information tab.

3. For Products described as used or of imperfect quality, the Seller is obliged to supply the Customer with a Product that complies with the description on the Online Shop website, including, in particular, a Product free from defects other than those specified in the Product description of which the Customer was informed before making the purchase.

4. For Products marked on the Online Shop website as used or of imperfect quality and accompanied by a detailed description of the Products and their defects, the Seller is exempt from liability under the statutory warranty for defects if the Customer knew of the defect at the time the agreement was concluded, in accordance with Article 557 § 1 of the Polish Civil Code. 

5. For Products marked on the Online Shop website as used, the Seller's liability is limited to a period of 1 year from the date on which the item is handed over to the Customer, in accordance with Article 568 § 1 of the Polish Civil Code.

6. The Customer may submit a complaint, for example:

1. in writing to: ul. Arachidowa 28, 91-232 Łódź;

2. electronically by email to: sklep@beau-and-eco.pl.

7. It is recommended that the Customer include the following in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type of defect and the date on which it appeared; (2) a request specifying how the Product should be brought into conformity with the Sales Agreement, or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the Seller's handling of the complaint. The requirements in the preceding sentence are recommendations only and do not affect the validity of complaints submitted without the recommended complaint description.

8. The Seller will respond to the Customer's complaint without delay and no later than within 14 calendar days of its submission. If a Customer who is a consumer, exercising rights under the statutory warranty for defects, has requested replacement of the item or rectification of the defect, or has made a declaration of a price reduction specifying the amount by which the price is to be reduced, and the Seller has not responded to that request within 14 calendar days, the Seller is deemed to have accepted the request as justified.

9. A Customer exercising rights under the statutory warranty for defects is obliged to deliver the defective Product to: ul. Arachidowa 28, 91-232 Łódź. Where the Customer is a consumer, the Seller bears the cost of delivering the Product. If, owing to the type of Product or the way in which it has been installed, delivering the Product would be excessively difficult for a Customer who is a consumer, the Customer is obliged to make the Product available to the Seller at the place where it is located.

10. In accordance with Article 558 § 1 of the Polish Civil Code, the Seller's liability under the statutory warranty for defects in the Product towards a Customer who is not a consumer is excluded.

OUT-OF-COURT COMPLAINT RESOLUTION AND REDRESS PROCEDURES AND RULES FOR ACCESSING THESE PROCEDURES

1. Detailed information on the options available to a Customer who is a consumer for using out-of-court complaint handling and claims procedures, and the rules governing access to those procedures, is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2. A contact point also operates under the President of the Polish Office of Competition and Consumer Protection (UOKiK) (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include assisting consumers with matters concerning the out-of-court resolution of consumer disputes. 

3. Examples of the options available to a consumer for using out-of-court complaint handling and claims procedures are: (1) an application for the resolution of a dispute to a permanent consumer arbitration court (further information at: http://www.spsk.wiih.org.pl/); (2) an application for the out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection (Inspekcja Handlowa, IH) (further information on the website of the inspector responsible for the location where the Seller conducts its business); and (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory objectives include consumer protection (including Federacja Konsumentów and Stowarzyszenie Konsumentów Polskich). Advice is provided, amongst other means, by email at porady@dlakonsumentow.pl and through the consumer helpline on 801 440 220 (the helpline is open on Working Days, from 8:00–18:00; calls are charged at the operator's tariff).

4. At http://ec.europa.eu/consumers/odr a platform for the online resolution of disputes between consumers and traders at EU level is available (the ODR platform). The ODR platform is an interactive, multilingual website providing a one-stop service for consumers and traders seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or an online service agreement (further information is available on the platform's own website or on the website of the Polish Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

RIGHT TO WITHDRAW FROM THE CONTRACT 

1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in section 8.8 of the Terms and Conditions. Sending the statement before the deadline expires is sufficient to meet the deadline. A statement of withdrawal from the agreement may be submitted, for example: 

1. in writing to: ul. Arachidowa 28, 91-232 Łódź;

2. electronically by email to: sklep@beau-and-eco.pl.

2. A model withdrawal form is included in Annex No. 2 to the Polish Consumer Rights Act and is also available in section 11 of the Terms and Conditions and on the Online Shop website in the tab concerning withdrawal from an agreement. The consumer may use the model form, but this is not obligatory.

3. The withdrawal period begins:

1. for an agreement under which the Seller hands over a Product and is obliged to transfer ownership of it (e.g. a Sales Agreement) – when the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product; and, for an agreement which: (1) covers multiple Products delivered separately, in batches or in parts – when possession is taken of the last Product, batch or part, or (2) involves regular delivery of Products over a specified period – when possession is taken of the first of the Products;

2. for other agreements – on the date the agreement is concluded.

4. If a distance agreement is withdrawn from, the agreement is deemed not to have been concluded.

5. The Seller is obliged to refund to the consumer, without delay and no later than within 14 calendar days of receiving the consumer's statement of withdrawal from the agreement, all payments made by the consumer, including the cost of delivering the Product (except for additional costs arising from the consumer's choice of a delivery method other than the least expensive standard delivery method available in the Online Shop). The Seller refunds the payment using the same payment method as the consumer used, unless the consumer has expressly agreed to a different refund method which does not entail any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, it may withhold reimbursement of the payments received from the consumer until it has received the Product back or the consumer has provided evidence of having sent it back, whichever occurs first.

6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it without delay and no later than within 14 calendar days of the date on which the consumer withdrew from the agreement, unless the Seller has offered to collect the Product. Sending the Product back before the deadline expires is sufficient to meet the deadline. The consumer may return the Product to: ul. Arachidowa 28, 91-232 Łódź.

7. The consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8. Possible costs associated with the consumer's withdrawal from the agreement which the consumer is obliged to bear:

1. If the consumer has chosen a method of delivering the Product other than the least expensive standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.

2. The consumer bears the direct cost of returning the Product.

3. Where the Product is a service which, at the consumer's express request, began to be performed before the withdrawal period expired, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the time of withdrawal from the agreement. The amount payable is calculated in proportion to the extent of the service performed, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the amount is calculated on the basis of the market value of the service performed.

9. The consumer has no right to withdraw from a distance agreement in respect of agreements:

1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before performance began that, once the Seller had performed the service, the consumer would lose the right to withdraw from the agreement; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) in which the subject of the supply is a Product that is not prefabricated, is manufactured to the consumer's specifications or serves to meet the consumer's individual needs; (4) in which the subject of the supply is a Product liable to deteriorate rapidly or with a short shelf life; (5) in which the subject of the supply is a Product delivered in sealed packaging which, once the packaging has been opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the supply is Products which, after delivery, become inseparably combined with other items owing to their nature; (7) in which the subject of the supply is alcoholic beverages whose price was agreed when the Sales Agreement was concluded, but which may only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products other than the spare parts necessary to carry out the repairs or maintenance, the consumer has the right to withdraw from the agreement in respect of the additional services or Products; (9) in which the subject of the supply is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of daily newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded at a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services relating to leisure, entertainment, sporting or cultural events, if the agreement specifies the date or period on which the service is to be provided; (13) for the supply of digital content which is not stored on a tangible medium, if performance began with the consumer's express consent before the withdrawal period expired and after the Seller had informed the consumer of the loss of the right to withdraw from the agreement.

10. The provisions concerning consumers contained in this section 8 of the Terms and Conditions apply from 1 January 2021, to agreements concluded from that date onwards, also to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions governing the Central Register and Information on Economic Activity (CEIDG).

PROVISIONS FOR BUSINESS CUSTOMERS

1. This section 9 of the Terms and Conditions and all provisions contained in it are addressed to, and are therefore binding solely upon, a Customer or Service Recipient who is not a consumer and, from 1 January 2021, for agreements concluded from that date onwards, is also not a natural person concluding an agreement directly related to their business activity where the content of the agreement shows that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions governing the Central Register and Information on Economic Activity (CEIDG). 

2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of the date on which it was concluded. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims by the Customer against the Seller.

3. The Seller has the right to restrict the available payment methods, including requiring full or partial payment in advance, irrespective of the payment method selected by the Customer and of whether the Sales Agreement has been concluded.

4. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited – both for an individual claim and for all claims in aggregate – to the price paid and the delivery costs under the Sales Agreement, but in any event to no more than one thousand Polish złoty. The monetary limit referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical losses that were foreseeable at the time the agreement was concluded and is not liable for loss of profits. The Seller is also not liable for delays in the carriage of the consignment.

6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

 FINAL PROVISIONS

1. Agreements entered into through the Online Shop are concluded in Polish.

2. Amendment of the Terms and Conditions:

1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in legislation; changes to payment and delivery methods – to the extent that those changes affect the implementation of the provisions of these Terms and Conditions. 

2. Where agreements of an ongoing nature are concluded under these Terms and Conditions (e.g. provision of the Electronic Service – Account), the amended Terms and Conditions are binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Polish Civil Code have been met, that is, the Service Recipient has been duly notified of the amendments and has not terminated the agreement within 14 calendar days of the notification. If an amendment to the Terms and Conditions results in the introduction of any new charges or an increase in existing charges, the Service Recipient has the right to withdraw from the agreement.

3. Where agreements other than agreements of an ongoing nature are concluded under these Terms and Conditions (e.g. a Sales Agreement), amendments to the Terms and Conditions will not in any way prejudice the rights acquired by Service Recipients/Customers before the date on which the amendments come into force; in particular, amendments will not affect Orders already being placed or already placed, or Sales Agreements that have been concluded, are being performed or have been performed.

3. Matters not regulated by these Terms and Conditions are governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of 18 July 2002 (Dz.U. 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

4. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of a consumer entering into an agreement with the Service Provider/Seller which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection afforded by provisions which cannot be excluded by agreement.

 MODEL WITHDRAWAL FORM

(ANNEX NUMBER 2 TO THE POLISH CONSUMER RIGHTS ACT)

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To: 

Beau&Eco Patrycja Izdebska

ul. Arachidowa 28, 91-232 Łódź

beau-and-eco.pl

sklep@beau-and-eco.pl

– I/We(*) hereby give notice(*) of my/our withdrawal from the agreement for the sale of the following goods(*)/the agreement for the supply of the following goods(*)/the contract for a specific work consisting of making the following items(*)/the agreement for the provision of the following service(*) 

– Date the agreement was concluded(*)/date of receipt(*)

– First name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is submitted on paper)

– Date

(*) Delete as appropriate.