The following Terms & Conditions define the general terms of sale applicable in the SoBio Beauty Boutique online store available at https://sobio.com.pl/, run by CREAMY MINT Magdalena Wójciak, Ofiar Oświęcimskich 10/7, Wrocław 50-069, NIP: 897 164 77 54, REGON: 021030648. The economic activity is registered in the Central Register and Information on Economic Activity (CEIDG), kept by the minister responsible for economy.
1. SCOPE OF APPLICATION OF THE TERMS & CONDITIONS
The Terms & Conditions apply to all orders placed by Consumers and Entrepreneurs via our online store.
The consumer is, in accordance with art. 22 of the Civil Code, a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
The entrepreneur is, in accordance with Art. 43 of the Civil Code, a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
Other or supplementary Regulations and General Terms and Conditions used by Entrepreneurs do not apply – they will only become part of the contract if we give our express written consent.
2. THE CONTRACT
The sales contract is concluded with CREAMY MINT Magdalena Wójciak.
The presentation of products in our online store is an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. In order to make an offer to purchase products, an order must be placed. Using the mechanisms available in our store, you can add products of your choice to the shopping cart and place a purchase offer. The shopping cart and the data entered in the forms can be modified before placing the order, using the available functionalities and messages that appear during the ordering process. By clicking the button confirming and finalizing the order on the order summary page, you place an order for the products in the basket.
After placing your order, you will receive an automatically generated e-mail confirming your order registration. This message is not tantamount to a declaration of acceptance of your offer and conclusion of a sales contract. The sales contract is concluded after verifying whether the order can be accepted for execution and acceptance of your offer, which takes place via a separate e-mail message with information about the approval of the order for execution. Upon receipt of such a declaration by you, a sales contract is concluded.
3. LANGUAGE AND RULES
The sales contract can be concluded in Polish or English
We keep the content of the contract and send you the order data and our Regulations by e-mail. You can also check information about your orders via your customer account. The regulations are also available on the website of our online store in a way that allows you to obtain, reproduce and save content.
To the indicated prices of products, you should also add shipping costs. The ordered products are delivered via courier companies cooperating with us. Detailed information on possible methods and dates of delivery as well as shipping costs are presented when placing the order and in a special information tab on our store’s website.
We sell the products offered in the store only by mail order. Unfortunately, pickup in person is not possible
The following payment methods are available in our online store:
Electronic payments (e-payments) via the internet payment service.
Payment by traditional bank transfer to our store’s bank account. If you choose this form of payment – after the order has been made, we will send you via e-mail the data for the transfer. The order will be processed after the full amount of the required payment for the order is credited to our account.
Detailed information on possible methods of payment, including online payment services integrated with our store and available types of e-payments as well as any additional costs, are presented when placing the order and on our store’s website in a special information tab on payment methods.
6. RIGHT TO WITHDRAW FROM THE AGREEMENT
In accordance with the information contained in the instruction on the right to withdraw from the contract, you have the statutory right to withdraw from the contract.
7. RESERVATION OF OWNERSHIP
The products ordered in the store remain our property until the full payment of the sale price.
8. DAMAGES OCCURRED DURING TRANSPORT
Concerns Consumers: In the case of distance consumer purchase, our store always bears the risk of accidental damage or loss of items in transit. If the ordered products are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact does not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects described in the section below. However, faster reporting helps us in pursuing our claims against the carrier or transport insurer.
9. WARRANTY, GUARANTEES AND LIABILITY OF THE SELLER
Concerns Consumers: We are obliged to deliver products (things) free from defects. The statutory liability law for defects in the sold item (the so-called warranty for defects) applies to the extent specified in Art. 556 and subsequent of the Civil Code. We are responsible under the warranty if a physical defect is found within two years from the date of delivery of the item to you. In the event that the subject of sale is a used movable item, the liability under the warranty is one year from the date of its release.
Complaints may be submitted:
- via e-mail to the following address: email@example.com
- in writing to the following address: CREAMY MINT Magdalena Wójciak, Ofiar Oświęcimskich 10/7, 50-069 Wrocław
We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. In the case of exercising the rights under the warranty – if we deem it necessary to consider the complaint, you are obliged to deliver the defective item at our expense to the above-mentioned postal address. If, due to the type of item or the method of installation, its delivery would be excessively difficult, you are obliged to provide us with the item in the place where it is located.
Information on any additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online store.
Applies to Entrepreneurs (with the exception of natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional nature for these persons within the meaning of Article 556 (4) of the Civil Code – the so-called “entrepreneurs-consumers” ): the rights under the warranty are forfeited if you did not inspect the goods in time and in the manner adopted for items of this type and did not immediately notify us of the defect, and if the defect came to light only later – if we were not notified immediately after its discovery. In the absence of notification of a defect, the goods are considered accepted. Complaints may be submitted electronically and in writing to the address indicated above. We are only liable for typical damages foreseeable at the time of the conclusion of the contract and their normal consequences, we are not responsible for lost profits. In relation to entrepreneurs (with the exception of the so-called “consumer entrepreneurs”), our liability, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims jointly – to the amount of the price paid and delivery costs for the sales contract concluded with us.
Our customer service service is at your disposal: from Mon to Fri from 8:00 am to 4:00 pm
10. ELECTRONIC SERVICES
We undertake all necessary actions to ensure that the website and interface of our online store are fully operational to the extent that results from the current technical knowledge and we undertake to remove all irregularities and technical problems reported by users within a reasonable time. The above also applies to the option to subscribe to the newsletter or the optional option to set up a customer account – if these services are provided as part of our store. You can notify us of any detected irregularities or interruptions in the functioning of the website and services of our online store via the contact details indicated in the above point. In a complaint regarding irregularities related to the technical functioning of the online store website, please indicate the type and date of occurrence of the irregularity.
11. GOOD PRACTICE CODE
We have voluntarily adhered to the “Trusted Shops Quality Criteria” available at this link.
12. OUT-OF-COURT DISPUTE RESOLUTION
Please be advised that Consumers have the option of an extrajudicial method of dealing with complaints and redress. Information on how to access the above-mentioned mode and procedures for resolving disputes, can be found at the following address: www.uokik.gov.pl in the tab “Amicable resolution of consumer disputes”.
In addition, at: http://ec.europa.eu/consumers/odr Consumers have access to an online platform for resolving consumer disputes (the so-called ODR platform). The ODR platform is a multilingual, interactive website for servicing Consumers and entrepreneurs seeking out-of-court settlement of disputes arising from the conclusion of a distance sales contract or contract for the provision of services.
Using the above-mentioned out-of-court redress and dispute resolution is voluntary and may only take place if both parties to the dispute (the consumer and the seller) agree to it.
We are committed to using out-of-court dispute resolution with Consumers within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorized to out-of-court settlement of disputes between our company and the Consumer is: Provincial Inspectorate of Trade Inspection in Wrocław, ul. Ofiar Oświęcimskich 15A, 50-069 Wrocław, https://wiih.ibip.wroc.pl/public/.
13. FINAL PROVISIONS
None of the provisions of these Regulations is intended to violate the statutory rights of the Consumer. In the event of any contradiction of the provisions of these Regulations with the rights of Consumers resulting from generally applicable provisions – the statutory regulations will always be applied in place of the challenged provisions of the Regulations.
If you are an Entrepreneur, then Polish law applies to all contracts concluded with us, with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
If you are an Entrepreneur, a legal person under public law or a separate public-law entity, the only court competent to settle all disputes arising from contractual relations between us and you will be the court competent for our seat. The previous sentence does not apply to natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code.