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Waluty
Statute

TERMS AND CONDITIONS OF THE ONLINE STORE www.ibra-makeup.pl

GENERAL PROVISIONS:

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  1. These Regulations define the general terms and conditions of sales contracts concluded between Aruba Bober Rafał Kosiorowski Grzegorz (hereinafter referred to as the Seller) and a Consumer or Entrepreneur (hereinafter referred to as the Buyers) via the Online Store and constitute an integral part of each sales contract concluded between the Seller and the Buyer via via the Online Store.
  2. The Regulations specify the rules for using the Online Store, including in particular the rules for concluding sales contracts through it, the method of placing orders for goods made available on the Seller's website at: www.ibra-makeup.pl, delivery of ordered goods to the Buyer, type the goods offered by the Seller, payment of the sale price by the Buyer, the right to withdraw from the contract, the rules for submitting and examining the Buyer's complaints and other information referred to in art. 12 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) to the extent taking into account the specificity of the Seller's business activity, applicable to it.
  3. The Regulations are made available to the Buyer before concluding the sales contract - already at the stage of registration in the Online Store or placing an order without registration - by posting a link to its content. Successful registration or placing an order is conditioned by the acceptance of the provisions of the Regulations, after reading its content. If the Seller accepts the new wording of the Regulations, the Seller will inform about this fact on the website www.ibra-makeup.pl, and the new wording of the Regulations will be made available to the Buyer before concluding the sales contract. The Buyer's acceptance of the Regulations in the new wording, after reading its content, will take place by confirming the message before the first - after the Seller accepts the new Regulations - logging in to the Seller's website. The buyer at any time, both before and after registration - including immediately before placing an order for goods - has access to the Regulations by entering the "Regulations" tab on the website at: https://ibra-makeup .pl/pl/i/Regulations/3.

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The terms used in the Regulations shall be understood as:

  1. Seller - means a business entity under the name FIRMA "ARUBA" BOBER RAFAŁ, KOSIOROWSKI GRZEGORZ with its registered office in Rzeszów (35-310), al. Tadeusza Rejtana 8, NIP: 8133265629, REGON: 691579051, e-mail: shop@ibra-makeup.pl, which is also the owner of the Online Store.
  2. Seller - means COMPANY "ARUBA" BOBER RAFAŁ, KOSIOROWSKI GRZEGORZ with its registered office in Rzeszów (35-310), al. Tadeusza Rejtana 8, NIP: 8133265629, REGON: 691579051, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy. BDO number - 000107029.
  3. Consumer - a natural person performing a legal act not directly related to its business or professional activity - concluding a contract with the Seller for a purpose not directly related to its professional or business activity;
  4. Entrepreneur - a natural person who is not a Consumer or a legal person, an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, and partners in a civil law partnership in the scope of their business activity are also considered entrepreneurs – concluding a contract for purposes related to professional or business activity.
  5. Entrepreneur with Consumer rights - a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
  6. Online store - an online store run by the Seller at: ibra-makeup.pl
  7. Business premises - premises located at: "Aruba" Aleja Tadeusza Rejtana 8, 35-310 Rzeszów

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  1. The Buyer may contact the Seller by registered mail (to the address indicated in § 2 section 1 letter a), by phone or by e-mail - the data necessary for the Buyer to contact the Seller in the forms as given above are indicated at the internet address https: //ibra-makeup.pl/pl/i/Kontakt/9.
  2. The Seller will contact the Buyer by sending messages to the e-mail address indicated by him during registration or placing an order, or he will provide information by phone (if the Buyer has provided his telephone number) or by registered mail to the address provided by the Buyer.

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  1. In matters not covered by these Regulations, contracts concluded with the Consumer shall be governed by, among others: the provisions of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2016, item 380, as amended) - hereinafter referred to as the Civil Code, the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2013, item 1422, as amended), the Act on the provision of services in the territory of the Republic of Poland of March 4, 2010 (Journal of Laws of 2010, No. 47, item 278, as amended). ), the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
  2. In matters not covered by these Regulations, contracts concluded with the Entrepreneur are governed by, among others: the provisions of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2016, item 380, as amended) - hereinafter referred to as the Civil Code, the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2013, item 1422, as amended), the Act on the provision of services in the territory of the Republic of Poland of March 4, 2010 (Journal of Laws of 2010, No. 47, item 278, as amended). ).

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  1. Disputes arising in connection with the conclusion or performance of contracts concluded via the Online Store, in the absence of their amicable settlement by the parties - are subject to resolution:

(a) common court according to general jurisdiction - in the case of contracts concluded with the Consumer;

(b) the court competent for the seat of the Seller - in the case of contracts concluded with the Entrepreneur.

  1. In the circumstances of a dispute arising in connection with a consumer good advertised by the Consumer, the Consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims - after exhausting the complaint procedure - in particular by:

(a) requesting a permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, in accordance with art. 37 of the Act on the Trade Inspection of December 15, 2000 (Journal of Laws of 2016, item 542, as amended) - hereinafter u.i.h. – with a request to resolve a dispute arising between the Consumer and the Seller, against the background of the concluded sales contract, specifying in the request in particular: data identifying the parties, the subject of the dispute, actions taken so far, the Consumer's request towards the Seller. Information on the detailed procedure before permanent consumer arbitration courts is included in the regulations of their organization and operation, which is an appendix to the Regulation of the Minister of Justice on defining the regulations for the organization and operation of permanent consumer arbitration courts of September 25, 2001 (Journal of Laws of 2001 ., No. 113, item 1214 as amended) and is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection,

(b) requesting the Provincial Inspector of the Trade Inspection, in accordance with art. 36 u.i.h. – for the Podkarpackie Voivodeship, it will be the Podkarpackie Voivodeship Trade Inspection Inspector in Rzeszów – with a request to initiate mediation proceedings regarding the amicable settlement of the dispute, providing in particular: data identifying the parties, the subject of the dispute, actions taken so far, the Consumer's request against the Seller. Information on the rules and mode of the mediation procedure conducted by the Podkarpackie Voivodship Inspector of Trade Inspection is available at the headquarters and on the websites of the Podkarpackie Voivodship Inspectorate of Trade Inspection,

(c) submitting a complaint to the European Consumer Center in Poland (ECK in Poland). Information on how to resolve cross-border consumer disputes as well as the rules and procedures for submitting complaints are available on the website www.konsument.gov.pl

  1. The consumer may also obtain free assistance in resolving the dispute between the Consumer and the Seller, from the poviat (municipal) consumer ombudsman or social organizations, whose statutory tasks include the protection of consumer rights (for example: Consumer Federation, Association of Polish Consumers). Information on the rules and procedure for providing free advice is available at the headquarters and on the websites of individual consumer rights ombudsmen or social organizations whose statutory tasks include the protection of consumer rights.

 

RULES OF USING THE ONLINE STORE

  1. Technical requirements, registration, logging in:

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  1. To use the Online Store, you need a computer or mobile device with access to the Internet with a web browser and an active e-mail account.
  2. Browsing the assortment of the Online Store does not require registration and logging in to the website www.ibra-makeup.pl.

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  1. Registration in the Online Store is possible by completing the registration form available on the website www.ibra-makeup.pl in the "Registration" tab https://ibra-makeup.pl/pl/reg?, also available during the implementation order, at least with the data indicated in the fields marked with an asterisk (*) and accepting the Regulations of the Online Store and consent (marked with an asterisk *) to the processing of personal data to the extent necessary to take appropriate actions before concluding the contract and performing the contract.
  2. Registration in the Online Store is free of charge.
  3. Using the account created after registration requires its activation by clicking on the link contained in the e-mail sent by the Seller to the Buyer's e-mail address provided during account registration.
  4. Placing an order does not require registration in the Online Store. In this case, please use the "Purchase without registration" option. In this case, it is also necessary to provide data on the terms set out in point 1.

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  1. Logging in to the Online Store is done by entering in the login form available at www.ibra-makeup.pl in the "Log in" tab the username and password provided when registering the account by the Buyer, and then accepting them by clicking on the " Log in."

 

  1. Placing and fulfilling orders

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  1. In order to purchase products in the online store www.ibra-makeup.pl, click on the selected product and place an order. The buyer may place orders 7 (seven) days a week, 24 (twenty-four) hours a day.

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  1. Placing an order by the Buyer means the Buyer's expression of will to be bound by a sales contract (i.e. purchase) of the ordered goods with the Seller and constitutes an offer to the Seller to conclude a contract.
  2. In order to place an order, you must:

(a) select the goods that are the subject of the order, select additional options if indicated (e.g. size, color) and perform any additional actions if indicated (e.g. send the appropriate graphic file, select the desired content written on the product), and then click on the "add to cart" icon next to the product name and the sale price,

(b) go to the basket by clicking on the basket icon and go through the next steps of order fulfillment, including:

- choose from the options indicated in the order form - the method of issuing the goods (personal collection, delivery) and the form of payment.

- click on the "confirm purchase" icon.

  1. At the time of placing the order, the buyer confirms that he knows that the order entails the obligation to pay by clicking the "Confirm purchase" icon.
  2. For shipping data (if the delivery option is selected) and for VAT invoice data, the system defaults to those indicated by the Buyer at the stage of registration in the Online Store. When filling in the order form, it is possible to change the data for the VAT invoice or shipping.

 

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  1. The Seller's acceptance of the order for execution is understood as the moment of granting the order by the Seller the status "Accepted for execution", which is tantamount to the Seller's declaration of acceptance of the Buyer's offer referred to in § 2 section 1 above, and at that moment the contract is concluded.
  2. In a situation where the Buyer delays payment, the Seller, after setting an additional deadline for payment in the form of an e-mail, may withdraw from the contract.
  3. Deliveries of products ordered in the Online Store are carried out only on the territory of the Republic of Poland.
  4. The term of the agreement is from 2 (two) to 14 (fourteen) business days, i.e. from Monday to Friday, excluding public holidays, counted from the date of conclusion of the agreement specified in section 1 above.
  5. The subject of the order is delivered via DHL EXPRESS sp. z o. o., InPost sp. z o.o. or Poczta Polska S.A., to the address indicated by the Buyer, and in the case of personal collection - issued to the Customer at the Business Premises.
  6. In the event of sending the item sold to the destination via the carrier, the Buyer is obliged to examine the shipment in time and in the manner accepted for shipments of this type, and if he found that there was a loss or damage to the item during transport, he should take all actions necessary to determine carrier's liability.
  7. In the case of delivery via a carrier, its receipt requires a written receipt.
  8. Upon delivery of the sold item, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item are transferred to the Customer.
  9. In the event of finding any damage to the goods that may be related to the delivery, including despite the lack of damage to the outer packaging (mechanical damage to the contents of the shipment, quantitative shortages, incompleteness of the shipment, etc.), it is recommended to report them within 24 (twenty four) hours from the date of receipt of the shipment at https://ibra-makeup.pl/pl/i/Zwroty-i-reklamacje/7 or by e-mail to the address shop@ibra-makeup.pl and within 7 (seven) days directly to the carrier.

 

  • Failure to accept the order for execution

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  1. In the event of unavailability of the goods ordered by the Buyer in the warehouse or the impossibility of timely execution of the order for other reasons - the Seller will inform the Buyer about the situation by sending a message to the e-mail address indicated by him or provide information by telephone (if the Buyer provided his telephone number) - immediately after placing the order by the Buyer.
  2. By informing the Buyer about the circumstances indicated in sec. 1 above does not give the order the status of "Accepted for execution", which means that the contract between the Buyer and the Seller is then not concluded, and the order placed by the Buyer is not subject to execution.
  3. In the event that the execution of the order is possible only in part - the Seller will inform the Buyer about it in the manner indicated in section 1 above and may offer the Buyer to execute the order in the part in which it is possible. If accepted by the Buyer, the order will be accepted for execution in part - in accordance with the procedure specified in point B II § 3 section 1. The Seller shall not accept the order for execution in the remaining scope.
  4. Lack of the Buyer's consent to accept the order for execution in the part in which the execution of the order by the Seller is possible means that the Seller does not give the order the status "Accepted for execution". The contract between the Buyer and the Seller is then not concluded, and the order placed by the Buyer is not subject to execution in any part.
  5. In the case of assigning the status "Accepted for implementation", when the Seller cannot perform the obligation due to even a temporary inability to meet the performance of the properties ordered by the Customer, the Seller may release himself from the obligation by fulfilling a substitute performance, corresponding to the same quality and purpose, and for the same price or remuneration, at the same time informing the Customer about his right not to accept this benefit and withdraw from the contract, with the return of the item at the expense of the Seller. In this case, the Customer has the right to withdraw from the contract in the manner and on the terms set out in art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended). The return of the item is then at the expense of the Seller.

 

  1. Information about goods, about prices

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  1. Information about the goods contained on the website www.ibra-makeup.pl does not constitute an offer within the meaning of art. 66 and 661K.c., and an invitation to conclude a sales contract within the meaning of Art. 71 CC

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  1. Before concluding the contract, the Buyer is informed by the Seller about the main features of the service. By clicking on the goods selected by them and placed on the website of the Online Store www.ibra-makeup.pl, the Buyer is notified, in particular about the type of goods, its name, manufacturer, available functions, technical parameters, net price and gross price, and moreover, by selecting the "add to cart" option - which takes place before placing the order and concluding the contract - about the price of the goods to be paid and about the additional costs related to the order of the goods, such as the cost of delivery of the goods to the Buyer, in the circumstances of choosing such an option by the Buyer.
  2. Immediately before placing an order, the Buyer, by clicking on the word "regulations" placed in the online Order form, has the opportunity to read the rules for concluding contracts contained in the Regulations, the method of placing orders for goods made available on the Seller's website at: www.ibra-makeup .pl, delivery of ordered goods to the Buyer, payment of the sale price by the Buyer, the right to withdraw from the contract, the rules for submitting and considering the Buyer's complaints and other information referred to in art. 12 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) to the extent that it takes into account the specificity of the Seller's business activity, being applicable to it.

 

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  1. The sales prices of the goods made available on the website of the Online Store www.ibra-makeup.pl are given in Polish zlotys (PLN) and are specified in the gross amount. The indicated gross amount consists of the indicated amount of the net price of the goods and the indicated amount of VAT.
  2. The sale price does not include the costs of delivery of the goods to the Buyer and the costs of the selected form of payment. The costs depend on the method of issuing the goods and the form of payment for the goods and are given when choosing the method of issuing the goods and the form of payment.
  3. The total cost of the order is the selling price of the goods (gross amount) together with delivery costs and the costs of the selected form of payment, indicated in the order form before placing the order by the Buyer.
  4. Information on the prices of goods is binding until revoked by the Seller, i.e. the Seller indicates a new price of goods on the Online Store website in place of the price previously in force - the price change does not affect orders placed and accepted for execution by the Seller in accordance with point B II § 3 sec. 1 of the Regulations before the price change date.
  5. By accepting the Regulations, the Buyer who is the recipient of the invoice accepts the use of invoices in electronic form. The buyer may at any time express - in any form, including in writing or electronically to the address: shop@ibra-makeup.pl - an objection to the use of an electronic invoice, then he will be delivered an invoice in paper form.
  6. The Customer's acceptance does not exclude the Seller's right to issue and send paper invoices.
  7. The Seller issues and sends invoices in electronic form, guaranteeing the authenticity of their origin and the integrity of their content.
  8. The Seller is not responsible for incorrect data of the Buyer indicated by him when placing the order, including as appropriate for issuing a VAT invoice.
  9. Each invoice in electronic form will be delivered to the Customers via e-mail to the address provided by the Customer in the registration or order form. A change of the Customer's e-mail address requires notification to the Seller in writing or electronically.

 

  1. Form of payment

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  1. The Customer may choose the following payment methods for the ordered Goods:

(a) standard transfer, before delivery of the goods, to the Seller's bank account (traditional transfer),

(b) BLIK payments, payment card, electronic transfer via the imoje external payment system, operated by ING Bank Śląski S.A. with its registered office in Katowice.”

(c) by Klarna "Pay in 30 days",

(d) in the form of prepayment for the goods, through PayPal payments.

 

  1. Payment "cash on delivery" consists in making the payment of the total price of the order to the hands of the carrier, upon delivery of the ordered goods to the Buyer.
  2. The buyer pays in accordance with the form of payment indicated in the order.

 

  1. Complaint conditions. Consumer.

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  1. Goods sold in the store are covered by the manufacturer's warranty.
  2. The Seller is obliged to provide the Consumer with consumer goods free from physical and legal defects.
  3. The Seller is liable to the Consumer if the consumer goods have a physical or legal defect - on the basis of liability under the warranty for defects of things, regulated in Section II of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2016, item 380 as amended).
  4. Complaints regarding the defectiveness of consumer goods may be submitted by the Consumer in person at the Business Premises, in writing to the Seller's address: "Aruba" Aleja Tadeusza Rejtana 8, 35-310 Rzeszów or by e-mail to the address shop@ibra-makeup.pl
  5. When making a complaint in accordance with sec. 3 above - the consumer should indicate the date of sale, describe the defect found and indicate the date of finding the defect, specify his demand in connection with the reported defect and deliver the advertised goods to the Seller, with the proviso that in order to meet the deadline for submitting a complaint - it is enough to send a notification to the Seller of the found defect before its expiry. In order to improve the complaint process, it is recommended to provide the Seller with proof of purchase of the goods.
  6. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller's expense to the Seller's address: "Aruba" Aleja Tadeusza Rejtana 8, 35-310 Rzeszów.
  7. If, due to the type of item or the method of its assembly, the delivery of the item by the Buyer would be excessively difficult, the Buyer is obliged to make the item available to the Seller at the place where the item is located.
  8. The provisions of points 5 and 6 above apply accordingly in the case of returning items in the event of withdrawal from the contract and replacing the item with a defect-free item
  9. If the item sold has a defect, the Consumer may - on the terms set out in the Civil Code - demand replacement of the item with a defect-free item or removal of the defect, or submit a statement of price reduction or withdrawal from the contract, unless the defect is insignificant.
  10. The Seller, within 14 (fourteen) calendar days from the Consumer's complaint regarding the non-conformity of the consumer goods with the contract - will respond to the Consumer's complaint and notify the Consumer about the further procedure.
  11. The existence of the Consumer's rights under the warranty does not exclude, limit or suspend the rights under the manufacturer's warranty, if one has been granted.

 

  • Complaint conditions. Entrepreneur.

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  1. The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
  2. If the Goods have a defect, the Entrepreneur may:
  3. a) submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.

This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods free of defects or, instead of replacing the Goods, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by a different method of satisfaction.

The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

  1. b) demand replacement of defective Goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.

The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the second possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

  1. The entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller.
  2. The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Entrepreneur. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement of price reduction due to a defect in the Goods. If the Entrepreneur demanded the replacement of the Goods with a defect-free one or the removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
  3. Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address.
  4. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Entrepreneur.
  5. The entrepreneur may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: shop@ibra-makeup.pl. In the complaint, the Entrepreneur should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider complaints and provide the Entrepreneur with an answer.

VIII. Guarantee

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  1. Goods sold by the Seller are covered by the guarantee provided by the producer of the Goods or the distributor.
  2. Non-compliance of the goods with the contract

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Complaint of the Consumer and the Entrepreneur with the rights of the Consumer.

  1. The goods are compliant with the contract if, in particular, their:

(a) description, type, quantity, quality, completeness and functionality, and for goods with digital elements, also compatibility, interoperability and availability of updates;

  1. b) suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
  2. In addition, in order to be considered compliant with the contract, the Goods must:
  3. a) be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
  4. b) occur in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights may reasonably expect, taking into account take into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller proves that:
  5. did not know about the public assurance and, judging reasonably, could not have known about it;
  6. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;
  7. the public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
  8. c) be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;
  9. d) be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before the conclusion of the contract, and correspond to the description of such sample or pattern.

 

 

  1. The Seller shall not be liable for the non-compliance of the Goods with the contract in the scope referred to in §9 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §9 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods.
  2. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if:
  3. a) it was carried out by the Seller or under his responsibility;
  4. b) improper installation carried out by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party.
  5. The Seller shall be liable for the non-conformity of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer . It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
  6. The Seller may not invoke the expiry of the deadline to determine the non-compliance of the Goods with the contract specified in §9 section 5, if this deficiency was deceitfully concealed.
  7. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.
  8. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may make repairs when the Consumer or Entrepreneur with Consumer rights requests replacement, if the Goods are brought into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with Consumer rights. is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.
  9. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the way of bringing the Goods into compliance with the contract.
  10. The Seller shall make the repair or replacement within a reasonable time from the moment when the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose in which which the Consumer or Entrepreneur with Consumer rights acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
  11. The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.

 

 

  1. If the Goods were installed before the non-conformity of the Goods with the contract was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its own expense.
  2. The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the usual use of the Goods, which were then replaced.
  3. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may submit a statement of price reduction or withdrawal from the contract when:
  4. a) The Seller refused to bring the Goods into compliance with the contract in accordance with §9 section 8 above;
  5. b) The Seller has not brought the Goods into conformity with the contract in accordance with §9 sec. 10 to §9 sec. 12 above;
  6. c) the non-compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;
  7. d) the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in §9 section 7 to §9 sec. 12 above;
  8. e) the Seller's statement or circumstances clearly show that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights.
  9. The seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.
  10. The Seller returns to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer rights about the price reduction.
  11. The Consumer or Entrepreneur with Consumer rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is irrelevant. It is presumed that the lack of conformity of the Goods with the contract is significant.
  12. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with the Goods inconsistent with the contract, if it cannot be reasonably expected that the Consumer or Entrepreneur with Consumer rights will agree to keep only the Goods that are in accordance with the contract.
  13. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights immediately returns the Goods to the Seller at his expense. The Seller returns the price to the Consumer or Entrepreneur with Consumer rights immediately, not later than within 14 days from the date of receipt of the Goods or proof of sending them back.

 

 

  1. The Seller refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
  2. The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

 

  1. Withdrawal from the sales contract.

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  1. The Buyer who is a Consumer who has concluded a contract with the Seller may, on the basis of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended), withdraw from it within 14 (fourteen) days without giving reasons - by submitting a declaration of withdrawal from the contract to the Seller. In the case of a written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
  2. The declaration may be submitted on the "Template declaration of withdrawal" form, which can be downloaded as a PDF file (https://innsi.pl/upload/odstapienie.pdf). The consumer may also use the contract withdrawal form contained in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) - Appendix 2 of the Act. TEMPLATE OF WITHDRAWAL FORM. The use of the above forms is not mandatory.
  3. The fourteen-day period in which the Consumer may withdraw from the contract is counted from the date of taking possession of the goods by the Consumer or a third party other than the carrier indicated by him. To meet this deadline, it is enough to send a statement of withdrawal from the contract before its expiry. The declaration of withdrawal from the contract may be submitted in person or sent to the address of the Seller's registered office: "Aruba" Aleja Tadeusza Rejtana 8, 35-310 Rzeszów.
  4. The right to withdraw from the contract is not entitled to the Consumer in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), in particular contracts:

1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;

2) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs (Seller's note, which is not the content of the indicated provision: such items should be treated, among others, items with a print from files provided by the Customer or with content adapted for the individual customer's needs);

3) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

4) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

5) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;

6) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

7) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;

8) 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 contract specifies the day or period of service provision;

9) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.

  1. In the event of withdrawal from the contract - the Consumer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the item before its expiry. The consumer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. The consumer may return the goods in person at the business premises or by sending them back to the Seller's address: "Aruba" Aleja Tadeusza Rejtana 8, 35-310 Rzeszów.
  2. When, due to the nature of the item, it cannot be sent back in the usual way by post (for example, due to the dimensions, weight of the goods) - returning the goods may involve higher costs than ordinary postage, which will be borne by the Consumer.
  3. In the event of withdrawal from the contract by the Consumer, the Seller shall return to the Consumer immediately, not later than within 14 (fourteen) days from the date of receipt of the Consumer's statement on withdrawal from the contract, all payments made by him, i.e. the entire sum of money received from him the total cost of the order, including the sale price and the costs of delivery of the goods to the Buyer incurred by the Consumer - with the exception of additional costs resulting from the method of delivery chosen by the Consumer, other than the cheapest usual method of delivery offered by the Seller.
  4. The Seller may withhold the reimbursement of payments received from the Consumer until he receives the item back or until the Consumer provides proof of its return, depending on which event occurs first.
  5. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return. In any case, the Consumer does not incur additional fees related to the return.
  6. In the case of exercising the right to 14-day withdrawal, the cost of return is borne by the buyer - Consumer.

 

  1. Security. Personal data.

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  1. The administrator of personal data is the Seller.
  2. Detailed rules related to the processing and protection of personal data are contained in the Privacy Policy, located at https://ibra-makeup.pl/pl/i/Polityka-prezentnosci/11. The above Privacy Policy is an integral part of these Regulations. The Customer is obliged to read the above rules before transferring personal data to the Seller.

 

XII. RODO

Information on the processing of Customers' personal data

Based on Article. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation ) Journal U. UE L.2016.119.1 of May 4, 2016 - hereinafter: "Regulation" or "GDPR"), we would like to inform you that:

     The administrator of personal data is Aruba Bober Rafał Kosiorowski Grzegorz Al. Tadeusza Rejtana 8, 35-310 Rzeszów NIP: 813-32-65-629. REGON: 691579051, website: www.ibra-makeup.pl. You can contact the Personal Data Administrator via the e-mail address: shop@ibra-makeup.pl or in writing to the correspondence address: Firma Aruba ul. Tadeusza Rejtana 8, 35-310 Rzeszów;

     Aruba processes personal data for the following purposes:

     - name and surname and contact details of the Customers - in order to perform the contract concluded with the Customer, including setting up and maintaining an account in the e-shop (Article 6(1)(b) of the GDPR) - for the period of performance of the ordered services (in the event of closing the account in the e-shop, data will be processed for a period of 3 years from its removal);

     - name and surname and contact details of the Customers - for the purposes of promotional and marketing activities - in accordance with the consent granted until further notice (Article 6(1)(a) of the GDPR);

     - the Subscriber's e-mail address and information on the date of joining the subscription and information on sending newsletters in order to perform the ordered newsletter service provided electronically (Article 6(1)(b) of the GDPR);

     - personal data related to electronic payments contained in payment terminals - for the purpose of accepting - electronic payments for the administrator's services, in connection with the necessity of processing to implement the legitimate interest of the administrator and customers, consisting in enabling electronic payments (Article 6(1)(f) of the GDPR) b and f GDPR);

     - personal data contained in the accounting, bookkeeping and tax documentation of the administrator as well as in bank systems and documents - in order to fulfill the obligation arising from the law, in particular the Accounting Act and the Tax Ordinance, the Income Tax Act

     - from legal persons and the Act on tax on goods and services (Article 6(1)(b) and (c) of the GDPR) - for 5 years from the end of a given accounting year;

     - Customers' personal data will also be processed by the administrator for the purpose of possible claims or defense against claims based on the legitimate interest of the administrator and in accordance with generally applicable provisions of national law, in particular the Civil Code (Article 6(1)(f) of the GDPR) - for 3 years from the completion of the provision of a specific service, however, in the case of pending proceedings, this period may be extended until the final termination of the proceedings and the expiry of new limitation periods;

     - video surveillance recordings to ensure the safety of people, property and information, based on the legitimate interest of the administrator and customers (Article 6(1)(f) of the GDPR) - for 3 months from the date of recording by overwriting data.

     The collected personal data may be made available to entities and public authorities authorized to process personal data on the basis of the provisions of generally applicable law and entities processing personal data at the request of the administrator in connection with the performance of the task entrusted to them (e.g. IT and legal services, as well as entities to which the data are transferred are data in connection with the performance of the contract: banks, entities operating the payment terminal, operators of postal or courier services).

     The data subject has the right, depending on the legal basis for processing, to exercise the rights vested in him under the law, including:

  1. a) access to your personal data, i.e. obtaining confirmation from the Data Administrator whether his personal data is being processed. If the data are processed, he is entitled to access them and obtain the following information: about the purposes of processing, categories of personal data, recipients or categories of recipients to whom the data have been or will be disclosed, about the period of data storage or about the criteria for determining them, about the right to request rectification, deletion or limitation of the processing of personal data to which the user is entitled, and to object to such processing (Article 15 of the GDPR);
  2. b) receive a copy of the data subject to processing, where the first copy is free of charge, and the administrator may charge a reasonable fee for subsequent copies, resulting from administrative costs (Article 15(3) of the GDPR);
  3. c) correcting incorrect personal data or supplementing incomplete data (Article 16 of the GDPR);
  4. d) deletion of data, if the Data Administrator no longer has a legal basis for their processing or the data is no longer necessary for the purposes of processing (Article 17 of the GDPR);
  5. e) restriction of processing when: the data subject questions the correctness of personal data - for a period allowing the administrator to check the correctness of this data; the processing is unlawful and the data subject opposes their removal, demanding the restriction of their use; The administrator no longer needs these data, but they are needed by the data subject to establish, pursue or defend claims; the data subject has objected to the processing until it is determined whether the legitimate grounds on the part of the Administrator override the grounds for objection of the data subject;
  6. f) data transfer, i.e. receiving in a structured, commonly used machine-readable format personal data concerning him, which he provided to the Administrator, and requesting the sending of this data to another administrator, if the data is processed on the basis of the consent of the data subject or a contract concluded with it and if the data is processed in an automated manner (Article 20 of the GDPR);
  7. g) object to the processing of his personal data for the legitimate purposes of the administrator, for reasons related to his particular situation, including profiling. Then the Data Administrator assesses the existence of legally justified grounds for processing, overriding the interests, rights and freedoms of data subjects, or grounds for establishing, pursuing or defending claims. If, according to the assessment, the interests of the data subject are more important than the interests of the administrator, the administrator will be obliged to stop processing data for these purposes (Article 21 of the GDPR);
  8. h) submit a complaint to the President of the Office for Personal Data Protection, if it is found that the processing of personal data violates the provisions of the Regulation.

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