§ 1

GENERAL PROVISIONS

  1. The www.untocream.pl store operates under the rules set out in these Terms & Conditions.
  2. These Terms & Conditions set out the terms of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.untocream.pl Store, the rules for providing these services, and the terms of concluding and terminating agreements for the provision of services by electronic means.
  3. Every Service Recipient, upon taking any action aimed at using the Electronic Services of the www.untocream.pl Store, is obliged to comply with the provisions of these Terms & Conditions.
  4. In matters not regulated by these Terms & Conditions, the following provisions apply:
    1. the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),
    2. the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827),
    3. the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

§ 2

DEFINITIONS USED IN THE TERMS & CONDITIONS

  1. FORM ORDER – a form available on the www.untocream.pl website enabling an Order to be placed.
  2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  3. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
  4. PRODUCT – a movable item or service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  5. TERMS & CONDITIONS – these Terms & Conditions of the Store.
  6. STORE – the Service Provider's online store operating at www.untocream.pl
  7. SELLER, SERVICE PROVIDER – J-KRÓL KOWALCZYK spółka jawna, entered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland kept by the minister responsible for the economy, place of business and address for correspondence: ul. Bóżnicza 2/56, 61-751 Poznań, NIP: 7831856032, REGON: 521848422
  8. email address: store@untocream.pl, phone number 604 754 065
  9. SYSTEM OF REVIEWS – an electronic service made available to Customers by the Service Provider, allowing reviews to be posted regarding the course and completion of a transaction.
  10. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
  12. SERVICE RECIPIENT – a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, using the Electronic Service.
  13. ORDER – a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

  1. The www.untocream.pl store conducts retail and wholesale sales of Products via the Internet within Poland.
  2. The Products offered in the Store are new, free from physical and legal defects, and have been legally introduced onto the Polish market.
  3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product on the terms set out in its description.
  4. The Product price shown on the Store's website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
  5. The Product price shown on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of price changes in the Store that may appear in relation to individual Products after the Customer places an Order.
  6. Orders can be placed via the website using the Order Form (www.untocream.pl Store) – 24 hours a day, all year round.
  7. To place an Order, the Customer is not required to register an Account in the Store.
  8. A condition for placing an Order in the Store by the Customer is reading the Terms & Conditions and accepting their provisions at the time of placing the Order.
  9. The Store fulfils Orders placed Monday to Friday during the Store's working hours, i.e. from 8:00 to 18:00 on business days. Orders placed on Business Days after 18:00, on Saturdays, Sundays and public holidays will be processed on the next Business Day.
  10. Products on promotion (sale) have a limited number of units and Orders for them will be fulfilled in the order they are received until the stock of a given Product is exhausted.

§ 4

CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Sales Agreement, the Customer must first place an Order using the method made available by the Seller, in accordance with § 3 points 6 and 8.
  2. After an Order is placed, the Seller promptly confirms its receipt.
  3. Confirmation of acceptance of the Order for fulfilment binds the Customer to their Order. Confirmation of receipt and acceptance of the Order for fulfilment takes place by sending an email.
  4. The confirmation of acceptance of the Order for fulfilment contains:
    1. confirmation of all essential elements of the Order,
    2. a withdrawal from contract form,
    3. these Terms & Conditions containing information about the right to withdraw from the contract.
  5. Upon the Customer's receipt of the email referred to in point 4, a Sales Agreement is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by proof of purchase (fiscal receipt), which will be enclosed with the shipment.

§ 5

PAYMENT METHODS

  1. The Seller offers the following payment methods:
    1. payment by traditional bank transfer to the Seller's bank account,
    2. payment via electronic payment services (PayU),
  2. In the case of payment via electronic payment services, the Customer makes payment before the Order is processed. Electronic payment services allow payment by credit card or fast transfer from selected Polish banks.
  3. The Customer is obliged to pay the price under the Sales Agreement within 7 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  4. In the case of the payment methods described in points 1.1 and 1.3, the Product will be shipped only after the payment has been credited.

§ 6

COST, TIME AND METHODS OF PRODUCT DELIVERY

  1. The costs of Product delivery are determined during the ordering process and depend on the chosen payment method and the delivery method of the purchased Product.
  2. The Product delivery time consists of the Product preparation time and the Product delivery time by the carrier:
    1. The Product preparation time is 2 Business Days.
    2. Delivery of the Product by the carrier takes place within the time declared by them, i.e. 7 business days (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
  3. Products purchased in the Store are shipped via a courier company (UPS, InPost).

§ 7

PRODUCT COMPLAINTS

  1. Complaint under the warranty.
    1. The basis and scope of the Seller's liability towards a Customer who is a Consumer, under the warranty covering physical and legal defects, are set out in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended)
    2. Notifications of defects concerning the Product and the relevant request can be made via email to the address: store@untocream.pl or in writing to the address: ul. Bóżnicza 2/56, 61-751 Poznań 
    3. In the above email, please provide as much information and detail about the subject of the complaint as possible, in particular the type and date of the defect and contact details. The information provided will significantly facilitate and speed up the Seller's handling of the complaint.
    4. To assess the physical defects of the Product, it should be delivered to the address: ul. Bóżnicza 2/56, 61-751 Poznań
    5. The Seller will respond to the Customer's request promptly, no later than within 14 days. The response regarding the complaint is sent to the email address provided by the Customer or in another way indicated by the Customer.
    6. In the case of a complaint by a Customer who is a Consumer – failure to consider the complaint within 14 days is tantamount to accepting it. In connection with a justified complaint by a Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with one free from defects.

§ 8

RIGHT TO WITHDRAW FROM THE CONTRACT

  1.  A Customer who is also a Consumer and has concluded a distance contract may withdraw from it without giving a reason by submitting an appropriate written statement within 14 days. To meet this deadline, it is sufficient to send the statement of withdrawal made available by the Store. The generated statement can be created via the document generator – the generator is available HERE.
  2. In the event of withdrawal from the contract, the Sales Agreement is deemed not to have been concluded, and the Consumer is released from all obligations. What the parties have provided is returned in an unchanged state, unless the change was necessary within the limits of ordinary management. The return should take place promptly, no later than within 14 days.
  3. The Consumer is liable for any decrease in the value of the Product resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  4. The Seller will refund the value of the Product together with the costs of its delivery using the same payment method the Consumer used, unless the Consumer has expressly agreed to another method of return that does not entail any costs for them.
  5. If the Consumer chose a delivery method other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  6. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until the Product is received back or the Consumer provides proof of its return, whichever occurs first.
  7. A Consumer withdrawing from the Sales Agreement in accordance with point 1 of this paragraph bears only the cost of returning the Product to the Seller.
  8. The fourteen-day period within which the Consumer may withdraw from the contract runs from the day on which the Consumer took possession of the Product, and in the case of a service from the day the contract was concluded.
  9. The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Agreement:
  1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individualised needs,
  2. in which the subject of the service is an item delivered in a sealed package which, after opening the package, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery,
  3. in which the subject of the service is an item that spoils quickly or has a short use-by date.
  4. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer (Consumer) in the event of the other party failing to perform its obligation within a strictly specified time.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This paragraph contains provisions concerning exclusively Customers who are not Consumers.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 Business Days from the date of its conclusion. 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 non-Consumer Customer against the Seller.
  3. The Seller has the right to limit, in relation to Customers who are not Consumers, the payment methods it makes available, including requiring prepayment of part or all of the sale price regardless of the payment method chosen by the Customer and the fact that the Sales Agreement was concluded.
  4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the non-Consumer Customer at the moment the Seller hands the Product over to the carrier. In such a case, the Seller is not liable for the loss, shortage or damage to the Product arising from the moment the Product is accepted for carriage until it is handed over to the Customer, nor for delays in transporting the shipment.
  5. In the case of sending the Product to a non-Consumer Customer via a carrier, the Customer is obliged to inspect the shipment at the time and in the manner customary for shipments of this kind. If they find that a shortage or damage to the Product occurred during transport, they are obliged to take all steps necessary to establish the carrier's liability.
  6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the non-Consumer Service Recipient a statement of termination.

§ 10

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, such as:
    1. concluding Product Sales Agreements,
    2. using the Reviews System.
  2. The provision of Electronic Services to Service Recipients in the Store takes place on the terms set out in the Terms & Conditions.
  3. The Service Provider has the right to place advertising content on the Store's website. This content forms an integral part of the Store and the materials presented in it.

§ 11

 TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Services specified in § 10 point 1 of the Terms & Conditions by the Service Provider is free of charge.
  2. The period for which the agreement is concluded:
    1. the agreement for the provision of an Electronic Service consisting in enabling an Order to be placed in the Store is concluded for a definite period and is terminated when the Order is placed or the Service Recipient stops placing it.
    2. the agreement for the provision of an Electronic Service consisting in posting Reviews is concluded for a definite period and is terminated when the Review is posted or the Service Recipient stops posting it.
  3. Technical requirements necessary to work with the ICT system used by the Service Provider:
    1. a computer with Internet access,
    2. access to email,
    3. a web browser,
    4. Cookies and Javascript enabled in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practice, respecting the personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data consistent with the facts.
  6. The Service Recipient is prohibited from providing content of an unlawful nature.

§ 12

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via email to the address: store@untocream.pl no later than 14 days from receiving the product.
  2. In the above email, please provide as much information and detail about the subject of the complaint as possible, in particular the type and date of the defect and contact details. The information provided will significantly facilitate and speed up the Service Provider's handling of the complaint.
  3. The Service Provider considers the complaint promptly, no later than within 14 days.
  4. The Service Provider's response regarding the complaint is sent to the Service Recipient's email address provided in the complaint or in another way indicated by the Service Recipient.

§ 13

INTELLECTUAL PROPERTY

  1. All content posted on the website at www.untocream.pl is protected by copyright and (subject to elements used under licence) is the property of J-KRÓL KOWALCZYK spółka jawna, ul. Bóżnicza 2/56, 61-751 Poznań, NIP: 7831856032, REGON: 521848422
  2.  The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content of the www.untocream.pl website without the Service Provider's consent.
  3. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content of the www.untocream.pl website constitutes an infringement of the copyright held by the Service Provider and results in civil and criminal liability.

§ 14

KODY RABATOWE

  1. Sprzedawca może udostępniać Klientom kody rabatowe uprawniające do obniżenia ceny Produktów o wskazaną w kodzie wartość procentową lub kwotową.
  2. Kody rabatowe udostępniane są między innymi w zamian za zapisanie się do newslettera Sklepu, w ramach współpracy z osobami prowadzącymi działalność w mediach społecznościowych (influencerami) lub w ramach kampanii reklamowych prowadzonych przez Sprzedawcę.
  3. Każdy kod rabatowy posiada określony termin ważności oraz może być ograniczony co do liczby użyć, w tym może być jednorazowy lub przypisany do konkretnego adresu e-mail – informacje te są każdorazowo wskazane w treści wiadomości lub materiału, za pośrednictwem którego kod został udostępniony.
  4. Kody rabatowe nie łączą się ze sobą ani z innymi promocjami i rabatami dostępnymi w Sklepie, chyba że Sprzedawca wyraźnie wskaże inaczej.
  5. Kody rabatowe nie obejmują Produktów objętych odrębną wyprzedażą lub promocją cenową, chyba że treść kodu stanowi inaczej.
  6. Kod rabatowy nie podlega wymianie na środki pieniężne i nie może być odsprzedawany ani udostępniany publicznie bez zgody Sprzedawcy.
  7. Sprzedawca zastrzega sobie prawo do zakończenia akcji promocyjnej związanej z danym kodem rabatowym przed upływem jego terminu ważności, bez wpływu na kody już wykorzystane przez Klientów.

§ 15

FINAL PROVISIONS

  1. Agreements concluded via the Store are concluded in accordance with Polish law.
  2. In the event of any part of the Terms & Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiation, with the intention of an amicable settlement. If, however, this is not possible or is unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Court resolution of disputes:
    1. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer are submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
    2. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer are submitted to the court competent for the Service Provider's registered office.
  5. A Customer who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the complaint procedure has ended, an application to initiate mediation or an application to have the case examined by an arbitration court (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). A list of the Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer may also use the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure has ended is free of charge.
  6. To resolve the dispute amicably, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/. 
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