TERMS AND CONDITIONS

“EURO FASHION” ONLINE STORE TERMS OF USE
1.The Terms of Use subject matter
1.1. These Terms of Use define the terms of beauty products sale through the “REALAC” online store, available at the address:
sklep.realac.pl.
1.2. When shopping in the “REALAC” store, while placing an order, the BUYER confirms that they have read and understood these Terms of Use and that they accept the regulations thereof.
2. Definitions
2.1. The SELLER is “EURO FASHION” Sławomir Woś with its principal office at Pruszcz Gdański (83 – 000), 69 Powstańców Warszawy Street, registered in the Register of Business Activity held by the Mayor of Pruszcz Gdański at number 3553; Tax Identification Number 593 – 000 – 40 – 93, tel. (0048) 58 692-22-14/15; email address
sklep@realac.pl.
2.2. The STORE is the websites found at www.realac.pl,
sklep.realac.pl, and “Special Offer” tabs, which enable you to purchase beauty products offered by “EURO FASHION” for 24 hours a day, throughout the calendar year.
2.3. The BUYER is a natural person, a legal person, or an organizational unit which is not a legal person, who or which has placed an order for products offered by the SELLER through the STORE.
2.4. The CONSUMER is a BUYER who is a natural person performing with the SELLER a legal act not directly related to the business or professional activity of the BUYER.
2.5. The CATALOGUE is a list of offers for selected products distributed by the SELLER through the STORE.
3. General rules of sale
3.1. The BUYER places an order by:
a) choosing one or more products in the STORE;
b) completing correctly a form or order print whose sample has been placed in the STORE;
c) sending the order FORM by email from the www.realac.pl website, and
d) emailing, faxing or sending by post to the SELLER’s address their diploma of a nail extensions training course.
3.2. The order will be considered as placed if the order form contains all details enabling a correct identification of the BUYER, including, in particular, the buyer’s first and last name, shipping address, telephone number or email address.
3.3. The SELLER will make reasonable effort to ship the order no later than within 3 days of confirming a order correctly placed, i.e. an order which contains all the information necessary to complete it, together with a copy or a certified copy of a diploma of a nail extensions training course.
3.4 The above terms and dates do not include the day on which the SELLER sent the BUYER an order confirmation.
3.5. For reasons beyond the SELLER’s control, the time of order processing defined in clause 3.3 may become longer. The SELLER shall notify the BUYER of any reason which may cause a delay in order processing and specify an approximate new date.
3.6. If goods are on offer it does not always mean they are available for purchase. Although all reasonable effort is made it may occur that an order cannot be fulfilled due to unavailability of the goods either in the warehouse or from the distributor.
The ordering party shall be notified of such an occurrence. If an order cannot be fulfilled to the date specified in these Terms of Use due to absence of the goods ordered or the quantity of goods ordered, the SELLER shall without delay notify the BUYER by email or fax of such an occurrence and suggest another term for fulfilling the order. In such circumstances, the BUYER is entitled to refuse to accept the new term of order fulfilment.
3.7. In case or a permanent inability to fulfil an order, the SELLER, at the BUYER’s request, shall provide a substitute service, corresponding to the original service in quality and purpose as well as price or remuneration, and shall inform the BUYER who has the status of a consumer as understood by Civil Code art. 221, of his/her right to refuse that substitute and withdraw from the contract with the items being returned at the entrepreneur’s cost. If that is the case, then the BUYER who has the status of a consumer as understood by Civil Code art. 221, has a right to withdraw from the contract and the items are then returned at the SELLER’s cost.
3.8. The SELLER states that for the BUYER the product sale price is the price given at the STORE on the day an order is placed by the BUYER. The prices are gross prices and include VAT at the rate applicable on the day of order fulfilment.
3.9. The SELLER makes maximum effort to ensure that descriptions of products as well as descriptions of their properties are accurate.
4. Order delivery
4.1. The SELLER delivers ordered products using a delivery method selected by the BUYER on the order form.
4.2. The BUYER is obliged to cover the shipping cost of the ordered products, according to the selected delivery method.
4.3. If the BUYER’S office or residence address is outside the Republic of Poland, the SELLER, having confirmed the order, is obliged to inform the BUYER of the cost due for shipping the ordered products; cost for international deliveries is established on a case by case basis.
4.4. If order value exceeds PLN 300,00, the shipping cost of the ordered products in the Republic of Poland shall be borne by the SELLER.
4.5. When collecting the parcel, the BUYER should check it, in the presence of the postman or courier, for any external damages or disfigurations to the parcel and check whether the packaging or packing tapes have not been damaged. Should any damage to the package or packing tapes be noticed, the BUYER should refuse to accept the parcel, draw up a Shipping Damage Report and contact the SELLER as soon as possible.
4.6. Liability for accidental loss or damage of an item is transferred to the BUYER at the same moment when the item is released to the BUYER. A release of an item is understood as entrusting it by the SELLER to the carrier if the SELLER did not have any influence on
the choice of a carrier by the BUYER.
5. Product price and shipping charge payment methods
5.1. The BUYER shall pay the charge for the shipping of the ordered products and the price for the purchased products upon parcel delivery or in another form, as selected by
the BUYER at the time of placing the order.
5.2. The BUYER will receive a VAT invoice to document the sale together with the parcel containing the ordered goods.
5.3. If the BUYER has obtained the status of a regular customer, they can issue the price for the shipped products and the shipping charge to the date specified on the VAT invoice, attached to the order, to the SELLER’S bank account.
6. CONSUMER’S right to withdraw from a contract and terms of goods returns
6.1. A BUYER who has the status of a consumer as understood by Civil Code art. 221 has the right to withdraw from a contract within 14 days without specifying a reason.
6.2. The right to withdraw from a contract is not granted with reference to a sale in which the object of the service is an item delivered in a sealed packaging which, after the packaging has been opened, cannot be returned due to health protection or hygienic reasons if the packaging has been opened after delivery.
6.3. The withdrawal from a contract term is 14 days from the day:
6.3.1. in the case of a contract obliging a party to transfer the ownership of an item (eg. a sale contract, a delivery contract or a chattel contract for specific work): on which the CONSUMERS took ownership of the item or a third party other than the carrier and indicated by the CONSUMER took ownership of the item;
6.3.2. in the case of a contract obliging a party to transfer the ownership of numerous items which are shipped separately: on which the CONSUMERS took ownership of the last one of the items or a third party other than the carrier and indicated by the CONSUMER took ownership of the last one of the items.
6.3.3. in the case of a contract obliging a party to transfer the ownership of items shipped in batches or in parts; on which the CONSUMERS took ownership of the last batch or part, or a third party other than the carrier and indicated by the CONSUMER took ownership of the last batch or part;
6.3.4. in the case of a contract of regular deliveries of items for a predefined time: on which CONSUMERS took ownership of the first one of the items or a third party other than the carrier and indicated by the CONSUMER took ownership of the first one of the items.
6.4. In order to exercise the right to withdraw from a contract, the CONSUMER must notify the SELLER of his/her decision to withdraw from a contract by means of an unambiguous statement (notice sent by post, fax or email), using the details below:
correspondence address:
Euro Fashion Sławomir Woś
ul. Powstańców Warszawy 69; 83 – 000 Pruszcz Gdański
tel. (++48) 58 692-22-14/15
tel. (++48) 58 692-22-16 (zamówienia internetowe/internet orders)
fax: (++48) 58 692-22-14/-12
email: sklep@realac.pl
6.5. The CONSUMER may use the following sample withdrawal from a contract form, however, it is not obligatory.

WITHDRAWAL FROM A CONTRACT FORM
please complete and return this form
only if you wish to withdraw from a contract
Addressee:
Euro Fashion Sławomir Woś
ul. Powstańców Warszawy 69
83 – 000 Pruszcz Gdański
fax: (++48) 58 692-22-14/-12
email address: sklep@realac.pl

I/We(*) hereby inform you of my/our withdrawal from the contract
concerning the sale of the following item(s):
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
Contract date: _____________________;
receipt date: _____________________
Consumer(s) first and last name(s):
____________________________________________
Consumer(s) address:
___________________________________
___________________________________
___________________________________
___________________________________
Consumer(s) signature(s) _________________ _________________
Place _______________________________, date _____________________.
*Please delete if not applicable.

6.6. The CONSUMER may also complete and return the withdrawal from a contract form or any other unambiguous statement online, using the SELLER’S website [sklep.realac.pl]. If the CONSUMER uses this option, the SELLER will immediately confirm the receipt of information concerning the withdrawal from a contract on a read only data medium (e.g. by email).
6.7. In order to keep the withdrawal from a contract term, the CONSUMER must only send information of exercising his/her lawful right to withdraw from a contract before the withdrawal from a contract term elapses.
6.8. In the case of withdrawal from a contract, the SELLER shall return any payments received from the CONSUMER, including delivery cost (except additional cost resulting from such a delivery method as selected by the CONSUMER if different from the cheapest ordinary delivery that we offer), without delay, and in any case no later than 14 days from the day the SELLER is notified of the CONSUMER’S decision to exercise his/her right to withdraw from the contract. A refund will be made by the SELLER using the same payment methods which were used by the CONSUMER in the original transaction, unless the CONSUMER expressly agrees to another solution; in any case the CONSUMERS will not bear any cost in relation to the refund.
6.9. The SELLER may withhold the payment of the refund until receipt of the item or receipt of proof that the item has been sent back, whichever may happen first.
6.10. The CONSUMER ought to send back or hand the goods to the SELLER without delay and in any case no later than 14 days from the day the SELLER is notified of
the withdrawal from a contract at the address:
Euro Fashion Sławomir Woś
ul. Powstańców Warszawy 69
83 – 000 Pruszcz Gdański
6.11.The term is deemed kept if the CONSUMER sends back the goods before the 14 days elapse.
6.12. The SELLER shall bear the cost of the goods return if the goods are sent back using the ordinary method, by post. If an item, because of its nature, cannot be sent back using the ordinary method, by post, or it is not sent back using such a method, the CONSUMER
will have to bear the cost of goods return. This cost is estimated at approximately PLN 20,00 maximum.
6.13. The CONSUMER is only responsible for a decrease in the item’s value resulting from using the item in a way other than necessary to establish its nature, qualities and functioning.
7. The right to withdraw from a contract in the case of BUYERS who are not CONSUMERS, and terms of goods return
7.1. In the case of other BUYERS who do not have the status of CONSUMERS, the rules and terms of withdrawal from a contract are regulated by the Civil Code.
7.2. . The right to withdraw from a contract is not granted with reference to a sale in which the object of the service is an item delivered in a sealed packaging which, after the packaging has been opened, cannot be returned due to health protection or hygienic reasons if the packaging has been opened after delivery.
7.3. The BUYER, in case they exercise the right to withdraw from a contract, shall return to the SELLER the shipping cost of the ordered products and to cover the cost of shipping the returned products to the SELLER’S address.
7.4. In the case of exercising the right to withdraw from a contract, the BUYER should return the VAT invoice documenting the sale and enclose a note with a statement of a withdrawal from the contract.
7.5. In the case of exercising the right to withdraw from a contract, the BUYER should return the purchased goods in their original packaging. The returned goods cannot bear any signs of usage, they should be intact.
7.6. The refund of the price paid by the BUYER will be as defined by the BUYER, no later than within 14 days of receipt of the statement of withdrawal from a contract together with the VAT invoice documenting the purchase. The refund to the BUYER does not include delivery charges for the ordered goods.
8. Complaints from CONSUMERS
8.1. The SELLER is liable to the BUYER if the sold item has a physical or legal fault. A physical fault means that the sold item does not conform to the contract. In particular, the sold item is non-compliant with the terms of contract if: it does not have the properties that such an item ought to have as regards the purpose specified in the contract or resulting from circumstances or its intended use; it does not have properties of whose presence the SELLER has assured the BUYER, including by presenting a sample or a specimen; it is not fit for the purpose of which the CONSUMER informed the SELLER at the time of entering the contract and the SELLER did not raise any objections as to such purpose; the item released to the BUYER was incomplete.
8.2. The SELLER is liable under statutory warranty for faults which existed at the time when the liability was transferred to the CONSUMER or resulted from a reason present in the item sold at the same moment.
8.3. The CONSUMER may make a complaint within the regulatory term:
a) in writing, to the address of the SELLER’S office;
b) by email sent to: sklep@realac.pl
8.4. A complaint should describe the reason why it is made, product faults, if any, and the scope of action which the CONSUMER expects the SELLER to undertake.
8.5. The SELLER will consider written complaints (sent by post or email) and take steps to recognize the complaint no later than within 3 working days of the date of the complaint being made by the CONSUMER.
8.6. If the SELLER considers a fault complaint as legitimate, the CONSUMER is obliged to return the faulty product to the SELLER’S address.
8.7. If the sold item has a fault the CONSUMER may submit a statement of a reduction in price or withdrawal from the contract unless the SELLER immediately and without any excessive inconvenience to the CONSUMER replaces the faulty item with one that is free of fault or removes the fault.
The reduced price should be in such proportion to the contract price as the value of the faulty item is to a free-of-fault item.
8.8. The CONSUMER may request a replacement of the faulty item with one that is free of fault or a removal of the fault.
8.9. Instead of a removal of fault offered by the SELLER, the CONSUMER may request that the item is replaced with a free-of-fault item, or instead of a replacement they may request a removal of fault, unless bringing the item to the condition specified in the contract in the way chosen by the CONSUMER is impossible of would incur excessive cost as compared to the way offered by the SELLER. When establishing the excessiveness of cost the points considered are the value of a free-of-fault item, type and significance of the fault, as well as any inconvenience the CONSUMER would encounter with another way of settlement.
8.9. It is the SELLER’S responsibility to replace a faulty item with one that is free of fault or to remove the fault in a reasonable time without causing any excessive inconvenience to the CONSUMER.
8.10. the SELLER may refuse to settle the CUSTOMER’S request if bringing a faulty item to the condition described in the contract in the way chosen by the CONSUMER is impossible or, compared to another way of bringing the item to the condition described in the contract, would incur excessive cost.
8.11. the CONSUMER may not withdraw from a contract under a warranty if the fault is insignificant.
9. Complaints from BUYERS who do not have the status of a CONSUMER
9.1. The SELLER is liable to the BUYER if the sold item has a physical or legal fault. A physical fault means that the sold item does not conform to the contract. In particular, the sold item is non-compliant with the terms of contract if: it does not have the properties that such an item ought to have as regards the purpose specified in the contract or resulting from circumstances or its intended use; it does not have properties of whose presence the SELLER has assured the BUYER, including by presenting a sample or a specimen; it is not fit for the purpose of which the BUYER informed the SELLER at the time of entering the contract and the SELLER did not raise any objections as to such purpose; the item released to the BUYER was incomplete.
9.2. The SELLER is liable under statutory warranty for faults which existed at the time when the liability was transferred to the BUYER or resulted from a reason present in the item sold at the same moment.
9.3. The BUYER may make a complaint without delay in writing, to the SELLER’S office address
or by email sent to: sklep@realac.pl
9.4. A complaint should describe the reason why it is made, product faults, if any, and the scope of action which the BUYER expects the SELLER to undertake.
9.5. The SELLER will consider written complaints (sent by post or email) and take steps to recognize the complaint no later than within 3 working days of the date of the complaint being made by the BUYER.
9.6. If the SELLER considers a fault complaint as legitimate, the BUYER is obliged to return the faulty product to the SELLER’S address.
9.7. The BUYER may not withdraw from a contract under a warranty if the fault is insignificant.
9.8. The BUYER loses his/her warranty guarantee if they did not examine the item in the time and manner customary for items of this type and if they did not notify the SELLER of the fault, and if the fault became apparent later – if they did not notify the SELLER immediately after it became apparent.
10. Warranty and after-sales services
The SELLER does not give any warranty and does not provide after-sales services.
11. Final provisions
11.1. In the case the BUYER has the status of a CONSUMER as understood by Civil Code art. 221, regulations of the Consumer Rights Act of 30 May 2014, if not directly understood from the Terms of Use, are applicable to the terms of sale through the STORE (Journal of the Laws of 2014, item 827). In the remaining scope contracts entered into through the STORE shall be governed by the applicable regulations of the Polish law.
11.2. Personal details of the BUYERS are processed by the SELLER in order to fulfil ORDERS placed through the STORE, for recording purposes and for the needs of marketing activities undertaken by the SELLER individually or in cooperation with other entities, particularly such as: sale of nail care and nail decoration beauty products, sale of hair cosmetics, sale of make-up products, sale of beauty and hair-styling devices and tools, beautician trainings, as well as nail care and nail decoration, sending information on new products and services, participation in competitions, promotions and promotional actions.
11.3. The SELLER ensures that BUYERS have access to their personal details and may amend them at any time, and have a right to submit a written justified request to stop processing their personal details. BUYERS’ personal details may be disclosed to authorities acting under and within authorization granted them by the regulations in force.
11.4. Products presented in the CATALOGUE are marked with protected trademarks. The SELLER states that they possess the right to use those trademarks for advertising, promotion and distribution without any detriment to the exclusive rights to trademarks belonging to other entities. The BUYER undertakes to respect the trademarks belonging to the SELLER and other entities whose products are presented in the CATALOGUE.
11.5. The BUYER may read the Code of Good Practice, mentioned in art. 2, item 5 of the Counteracting Unfair Trade Practices Act of 23 August 2007 in the SELLER’S office.
11.6. Resolution of any disputes arising from complaints made by CONSUMERS and damages claims filed in by CONSUMERS, apart from court proceedings, is possible through negotiation, arbitration or mediation carried out by entities with the relevant expertise and compliant with the requirements defined in applicable regulations. The CONSUMER may select the entity to resolve a dispute with the SELLER and inform the SELLER of their choice. Should the SELLER accept the CONSUMER’S choice, any disputes shall be resolved through negotiation, arbitration or mediation.
11.7. These Terms of Use are available in electronic form at
www.realac.pl and sklep.realac.pl
12. Coming into force
These Terms of Use come into force on 21 December 2016.