Regulations of the online store

§ 1

Introductory Provisions

1. The PROFUMO LABO online store, available at WWW.PROFUMOLABO.COM, is operated by PROFUMO LABO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company) with its registered office at Al. Jerozolimskie 98, 00-807 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 12TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number 0000918422, NIP (Tax ID): 7011046498, REGON: 389550609.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store. They define the rules for using the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer via the Store.

§ 2

Definitions

1. Consumer - a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller - The PROFUMO LABO online store operated by PROFUMO LABO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Al. Jerozolimskie 98, 00-807 Warsaw, KRS: 0000918422, NIP: 7011046498, REGON: 389550609.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person, or an organizational unit without legal personality to which separate law grants legal capacity, performing business activity in its own name, which uses the Store.
5. Store - the online store operated by the Seller at WWW.PROFUMOLABO.COM
6. Distance Agreement - an agreement concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
7. Terms and Conditions - these Store regulations (Regulamin).
8. Order - an action, a declaration of the Customer's will aimed directly at concluding a Product Sales Agreement with the Seller and fulfilling the performance for the Customer, under the conditions specified in these Terms and Conditions.
9. Order Form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
11. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
12. Act on Providing Services by Electronic Means - the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended).
13. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order data, in particular the quantity of products.
14. Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
15. Sales Agreement - a agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means – depending on the features of the Product – a service agreement and a contract for specific work.
16. Proof of Payment - an invoice or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 and other relevant legal provisions.
17. Payment - a payment to the Seller's account via the online payment methods available in the Store or payment upon delivery of the Product – depending on the selected form of payment and the ordered Product.
18. E-receipt - a fiscal document in electronic form, the scope of which is regulated by the VAT Act of 11 March 2004, the Regulation of the Minister of Finance of 29 April 2019 on cash registers, and the Regulation of the Minister of Development, Labor and Technology of 12 September 2021 on the criteria and technical conditions for cash registers with electronic copy records.

§ 3

Contact with the Store

1. Seller's Address: Al. Jerozolimskie 98, 00-807 Warsaw, Poland
2. Seller's E-mail: hello@profumolabo.com
3. Seller's Phone Number: +48 600 666 274.
4. Seller's Bank Account Number: 03 1140 2004 0000 3002 8151 3806
5. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

§ 4

Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

1. a terminal device with access to the Internet and a web browser,
2. an active e-mail account,
3. cookies support enabled,
4. FlashPlayer installed.

§ 5

General Information

1. To the fullest extent permitted by law, the Seller is not responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible by providing the necessary personal and address data to enable the fulfillment of the Order.
3. Prices given in the Store are provided in Polish Zloty (PLN) and are gross prices (including tax).
4. The final amount to be paid by the Customer consists of the price for the Product, about which the Customer is informed on the Store's pages during the placement of the Order, including at the time of expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
6. When the nature of the subject of the Agreement does not allow, reasonably assessing, for an earlier calculation of the final price, information on the manner in which the price will be calculated, as well as on fees for services and other costs, will be provided in the Store in the Product description.

§ 6

Terms of Use of the Store Service

1. The Customer is obliged to use the Store service in a manner consistent with the Terms and Conditions, legal provisions, principles of social coexistence, customs accepted on the Internet (Netiquette), and good manners.
2. The Customer is obliged in particular to:
   • refrain from actions that may hinder or disrupt the functioning of the Store service, in particular those that may hinder the use of the Store by other Customers;
   • not provide false personal data;
   • refrain from actions that may violate the privacy of other Customers, in particular collecting, processing, and disseminating information about other Customers without their individual express consent, as well as refraining from violating the secrecy of correspondence;
   • not use the Store service – even indirectly – for the purpose of sending unsolicited commercial information;
   • update the data necessary for contact;
   • refrain from actions that violate the good name of the Store and entities cooperating with it;
   • refrain from any actions that violate the privacy and good name of other persons;
   • not post in the Store service and not transmit through it content or materials contrary to applicable law or principles of social coexistence, vulgar, obscene, and pornographic content, content generally considered offensive, or violating the personal rights of other persons;
   • not use someone else's image, not incite to commit a crime, not promote violence, and refrain from morally reprehensible conduct violating good customs and Netiquette rules;
   • refrain from other behaviors that could be objectively considered as obviously undesirable, reprehensible, or contrary to the intended purpose.

§ 7

Rules for Placing an Order

The subject of the Store's activity is the sale of perfumes, perfumed cosmetics, and other perfumed products, i.e., home or car perfumes.

In order to place an Order, you should:

1. register on the Store's website and accept the Store's Terms and Conditions;
2. use the option to place an Order without registration (optional);
3. select the Product that is the subject of the Order, and then click the "Add to Cart" (or equivalent) button;
4. fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, and choose the type of shipment (method of Product delivery);
5. confirm the order by clicking on the link sent in the e-mail message;
6. choose one of the available payment methods and, depending on the payment method, pay for the Order within the specified period.

§ 8

Offered Payment and Delivery Methods

1. The Customer can use the following payment methods:
   1. Przelewy24 system,
   2. PayPal,
   3. Cash on delivery.
2. The Customer can use the following methods of delivery or pickup of the ordered Product:
   1. InPost courier shipments,
   2. InPost Parcel Lockers (Paczkomaty).
3. Detailed information on acceptable payment methods can be found on the Store's pages.

§ 9

Conditions for Issuing an E-receipt

1. The condition for issuing an e-receipt is the Customer's consent to receive it.
2. The Customer expresses consent to the issuance of an e-receipt by accepting the Store's Terms and Conditions.
3. The Customer receives access to the e-receipt via a hyperlink provided by the Seller to the e-mail address provided in the order. The Customer obtaining access to a legible form of the e-receipt is equivalent to the issuance of the e-receipt.
4. In case of problems with access to the e-receipt, the Customer should check the SPAM folder and contact the Seller immediately.
5. The hyperlink to the e-receipt will be active for 6 years from the moment of its creation.
6. The Seller may additionally send a one-time notification to the Customer at the phone number provided by them to inform them about the fact of issuing and delivering the e-receipt.

§ 10

Execution of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order online or using the Order Form in the Online Store.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. The Customer is obliged to make payment within 48 hours of placing the Order - otherwise, the Order will be canceled.
4. The Product will be sent by the Seller within 48 hours (working days) of the funds being credited to the Seller's bank account. If this period is to be extended, the Seller will provide appropriate information to the Customer.
5. In the case of ordering Products with different readiness dates for pickup, the Customer has the option of picking up the Products in parts (according to their readiness) or picking up all Products after the entire order has been completed.
6. The beginning of the period for the Product's readiness for pickup by the Customer counts from the day the Seller's bank account is credited.
7. There is no possibility of stationary (in-person) pickup of the ordered Product.

§ 11

Right of Withdrawal from the Agreement

1. A Buyer who is a consumer within the meaning of Art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459), based on Art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), has the right to withdraw from a distance agreement without giving a reason, within 14 days from the date of receipt of the Product.
2. The above right is not granted to the Buyer in the following cases:
   1. provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed before the start of the service that after the fulfillment of the performance by the Seller, they will lose the right to withdraw from the agreement,
   2. agreements concerning benefits for 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 deadline for withdrawal from the agreement,
   3. agreements where the subject of the performance is a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy their individualized needs,
   4. agreements where the subject of the performance is an item that deteriorates quickly or has a short shelf life,
   5. agreements where the subject of the performance is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened by the Buyer after delivery,
   6. particular agreements where the subject of the performance are items which, after delivery, due to their nature, are inseparably connected with other items,
   7. agreements where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and the delivery of which may take place only after 30 days, and their value depends on market fluctuations over which the Seller has no control,
   8. agreements in which the Buyer expressly requested that the Seller come to them for urgent repair or maintenance. If the Seller additionally provides other services than those requested by the Buyer, or delivers items other than spare parts necessary for repair or maintenance - the right to withdraw from the agreement is granted to the Buyer with respect to additional services or items,
   9. agreements where the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened by the Buyer after delivery,
   10. delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement,
   11. agreements concluded via public auction,
   12. agreements for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the day or period of service provision,
   13. agreements for the supply of digital content not recorded on a tangible medium, if the performance began with the Buyer's express consent before the deadline for withdrawal from the agreement and after the Seller informed them about the loss of the right of withdrawal.
3. For effective withdrawal from the agreement as referred to in point 1 of this paragraph, it is sufficient for the Buyer to submit a statement electronically or by correspondence within the statutory 14-day period from the moment of receiving the shipment.
4. The Buyer, withdrawing from the agreement, is obliged to return the Product along with the proof of purchase or its copy within 14 days from the date of submission of the withdrawal.
5. The shipping costs of the returned Product are borne by the Buyer.
6. The Buyer is responsible for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
7. The Seller guarantees the refund of the Product price and the costs of shipping the Product to the Buyer immediately, no later than within 14 days.
8. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not involve additional costs for them.
9. If the Buyer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.
10. Returns of Products upon withdrawal from the agreement sent at the Seller's expense or cash on delivery will not be accepted.
11. The provisions of this paragraph do not apply to Buyers who are not consumers within the meaning of Art. 22(1) of the Act of 23 April 1964 - Civil Code, i.e., persons performing legal acts directly related to their business or professional activity - in their case, the right to withdraw from the Sales Agreement is absolutely excluded.

§ 12

Complaint and Warranty

1. The Sales Agreement covers new products.
2. The Seller is obliged to provide the Customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to a complaint based on the provisions regarding the warranty (rękojmia) in the Civil Code. An Entrepreneur acting as a natural person may have warranty rights if it is shown that the transaction is not related to their business activity, thus acquiring consumer rights. For such persons, the provisions regulating consumer rights related to the warranty will apply.
4. Complaints should be submitted electronically to the e-mail address: hello@profumolabo.com via the Complaint Form on the Store's website. The Product should be sent back to the warehouse address: Świerkowa 1AA, 05-850 Bronisze, Poland. It is recommended that the complaint includes, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the Product defect.
5. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that they have recognized the Customer's request as justified.
6. In the event that a warranty has been granted for a Product, information about it, as well as its content, will be included in the Product description in the Store.

§ 13

Out-of-court Methods of Resolving Complaints and Pursuing Claims

1. Detailed information regarding the possibility for the Consumer to use out-of-court methods of resolving complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary possibilities of using out-of-court methods of resolving complaints and pursuing claims:
   1. The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
   2. The Consumer is entitled to apply to the voivodeship inspector of Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
   3. A Consumer can also obtain free assistance in resolving a dispute between them and the Seller by using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

§ 14

Personal Data in the Online Store

1. The administrator of the Customers' personal data collected via the Online Store is the Seller.
2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer expresses consent – also for marketing purposes.
3. The recipients of the personal data of the Online Store Customers may be:
   1. In the case of a Customer who uses the postal delivery or courier delivery method in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipments at the request of the Administrator.
   2. In the case of a Customer who uses electronic or payment card payment methods in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the impossibility of concluding that agreement.

§ 15

Final Provisions

1. Agreements concluded through the Online Store are concluded in the Polish language (with translations provided for convenience).
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Personal Data Protection Act.
4. The Customer has the right to use out-of-court methods of resolving complaints and pursuing claims. For this purpose, they can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.