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Terms of service
TERMS AND CONDITIONS OF EXTENSIONS HAIR SHOP
1. Seller
1.1. The online shop, operating at www.e-hairshop.com (in the time referred to as Extensions Hair Shop), is run by Extensions s.c. Joanna Gołębska, Rusłan Laszczowski with its registered office in Gliwice /44-109/ at 6 A. Gaudiego Street, Tax Identification Number: 6312512210, National Business Registry Number: 240553641, (hereupon: SELLER).
1.2. Contact with the Extensions Hair Shop is possible for the BUYER in the following manner:
a) by post: 44-109 Gliwice, Poland, ul. A. Gaudiego 6,
b) by e-mail: shop@e-hairshop.com.
2. Legal basis
These Rules have been drawn up taking into account the following provisions of generally applicable law:
(a) the Act of 23/04/1964 Civil Code in force in Poland [consolidated text: Journal of Laws of 2023, item 1610, as amended] - in the time referred to as the Civil Code in force in Poland;
(b) the Act of 30/05/2014 on consumer rights [consolidated text: Journal of Laws of 2023, item 2759, as amended] - in the time referred to as u.p.k. in force in Poland;
(c) Act of 18/07/2002 on providing services by electronic means [consolidated text: Journal of Laws of 2020, item 344] - in the time referred to as Act on Rendering Electronic Services in force in Poland;
(d) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons about the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) - in the time referred to as GDPR;
(e) the Act of 10/05/2018 on the protection of personal data [consolidated text: Journal of Laws of 2019, item 1781] - in the time referred to as the PDPA.
3. Conflict of laws rules
Should any provisions of these Rules and Regulations prove to conflict with mandatory legal regulations, these legal provisions shall apply directly.
4. Technical conditions
To successfully place an order in the Extensions Hair Shop online shop, a device that allows web browsing is required, along with a keyboard or other device that allows the correct completion of electronic forms. Placing orders is also possible using mobile devices.
5. Buyer
Within the meaning of the present Regulations, a BUYER is a natural person with full legal capacity and a legal person or an organisational unit without legal personality, placing an order at the Extensions Hair Shop online shop for the supply of products included in the SELLER's product range.
6. Consumer
6.1. A CONSUMER shall be deemed to be a BUYER who is a natural person purchasing products at the Extensions Hair Shop Internet Shop for the purpose not directly related to his/her economic or professional activity, as well as a natural person concluding a contract directly related to his/her economic activity if it results from the content of the contract that it is not professional for that person, resulting in particular from the subject of his/her economic activity, made available based on the provisions on the Central Register and Information on Economic Activity in Poland (CEIDG).
6.2. Whenever these General Terms and Conditions refer to the BUYER, the term shall be understood as including the CONSUMER, unless expressly excluded.
6.3. Whenever the present regulations refer to the rights of the CONSUMER, this shall be understood as referring exclusively to the rights of the person referred to in Clause 6.1.
7. Products
7.1. The subject matter of transactions conducted via the Extensions Hair Shop shall be the products in the SELLER's assortment offer presented on the website www.e-hairshop.com.
7.2. All products and names are used for identification purposes and may be registered trademarks of their respective owners, which have been used with the consent of the creators or authorized entities.
7.3. The products available for purchase are original, brand new, unused and in the original manufacturer's packaging.
7.4. The SELLER declares that the products sold through the Extensions Hair Shop have all the certificates required by Polish law.
7.5. The SELLER shall make every effort to ensure that the products presented on the Extensions Hair Shop website coincide with the SELLER's current stock levels. In the event of unavailability of all or part of the goods covered by an order, the SELLER shall immediately notify the BUYER thereof.
7.6. The Seller ensures that the published product reviews come from Buyers who have actually purchased or used the product. Verification is carried out by sending invitations to post a review only to Buyers who have completed an order, and by linking the review with a specific order number.
8. Prices
8.1. All products visible on the Extensions Hair Shop website are gross prices (including VAT) and are expressed in Euro.
8.2. Prices shown on the pages of the online shop Extensions Hair Shop, as well as product descriptions are only commercial information, not an offer within the meaning of the Civil Code in force in Poland. They become binding - to conclude a specific agreement - only upon confirmation of accepting the order for processing by the SELLER.
8.3. The purchase price binding the parties to the transaction shall be the price displayed next to the product by the BUYER when placing the order.
8.4. The shop's offer and the prices of individual products may be changed and updated on an ongoing basis. The SELLER reserves the right to change the prices of products presented on the Extensions Hair Shop website, post information about new products, carry out and cancel promotional actions on the website of the Extensions Hair Shop, or introduce changes to them.
8.5. The prices next to each product do not include delivery costs.
8.7. In every case of informing about a reduction in the price of a product, next to the information about the reduced price, information about the lowest price of that product that was in effect during the 30-day period before the introduction of the reduction is also displayed.
8.8. If a given product is offered for sale for a period shorter than 30 days, next to the information about the reduced price, information about the lowest price of that product that was in effect during the period from the date the product was first offered for sale until the day the reduction was introduced is also displayed.
9. Delivery
9.1. Delivery costs shall be covered by the BUYER.
9.2. The BUYER may use the following methods of delivery or collection of the purchased product:
(a) GLS courier delivery,
(b) or other depending on the delivery location
9.3. The SELLER shall include the information on the number of approximate working days necessary for processing of the order on the website.
9.4. The ordered products are delivered to the address provided by the BUYER in the order form.
10. Placing orders
10.1 Full acceptance of these terms and conditions is required to place an order on the Extensions Hair Shop Online Shop.
10.2. An order at the Extensions Hair Shop is placed by filling in the appropriate order form at www.e-hairshop.com.
10.3 When placing an order, the BUYER is obliged to provide correct personal data as indicated in the content of the form, including at least: first and last name (name), exact address (residence and delivery address, if different from the residence address), e-mail address and mobile phone.
10.4 If an order cannot be processed by the SELLER, the BUYER shall be informed by e-mail or telephone. Such an order is automatically deleted from the order system.
10.5 Upon receipt of an order, acceptance of the order for processing shall be confirmed by the SELLER by e-mail or telephone. Upon confirmation of the acceptance of an order for processing by the SELLER, the contract shall be deemed to have been concluded.
10.6 If it is not possible to confirm an order due to the fault of the BUYER (incorrect telephone number or e-mail address), the order placed shall be cancelled.
11. Payment
11.1. Payment of the price by the BUYER may be made by making an online payment through the Shopify Payments (the entity providing electronic online payment services is Shopify Inc.) or PayPal (the entity providing electronic online payment services is PayPal Holdings Inc.).
11.2. The BUYER selects the payment method at the time of placing the order.
12. Contract performance
12.1. The processing of an order shall commence without undue delay after the conclusion of the contract.
12.2. The SELLER shall execute orders exclusively within the territory of the European Union.
12.3. The SELLER shall execute orders within 2 [two] calendar days from when the price is credited to the SELLER's account.
12.4. In case of unavailability of a certain product, the BUYER, after selecting the “E-mail me when available” option, will receive a notification to the indicated e-mail address when the selected product reappears on the store.
12.5. In the event of promotional sales and sales on sale of a limited number of products, orders shall be placed or fulfilled in the order of receipt of confirmed orders for such products until the stocks covered by this form of sale are exhausted. In the case referred to in this section, the SELLER reserves the right to determine a different order of concluding transactions or their execution, as well as the SELLER reserves the right to introduce other specific conditions relating to the conclusion or execution of transactions. The SELLER shall inform the Extensions Hair Shop website about deviations from the principle of universality referred to in the second sentence of this section.
12.6. The ordered products are delivered to the address indicated on the order form.
12.7. At the time of delivery of the product, the BUYER shall confirm receipt of the product. From the moment of confirmation of receipt of the product, it becomes the property of the BUYER.
12.8. The BUYER is obliged to assess the product's condition and its conformity with the order at the time of delivery. If the product is damaged or not in conformity with the order, the provisions governing the complaint procedure shall apply.
13. Withdrawal from the contract (returns)
13.1. The CONSUMER may withdraw from the contract concluded with the SELLER within 14 [fourteen] calendar days without giving any reason and without incurring any costs, except the costs referred to in Article 33, Article 34(2) and Article 35 of the Consumer Rights Act in force in Poland. In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
13.2. If the right referred to in this section is exercised, the CONSUMER shall inform the SELLER by submitting a declaration of withdrawal on the form made available to him/her by the SELLER, which may be sent by post to the SELLER's address or by e-mail. The declaration of withdrawal from the contract submitted after the time limit referred to in sec. 13.1 shall have no legal effect.
13.3. The form of declaration of withdrawal from the contract (Annex No. 1 hereto) and information concerning the exercise of the right of withdrawal from the contract (Annex No. 2 hereto) are available on the returns and complaints page.
13.4. If the CONSUMER submits a declaration of withdrawal by e-mail, the SELLER shall immediately send an acknowledgement of receipt of the form of withdrawal (on a permanent data carrier within the meaning of Article 2(4) of the Consumer Rights Act in force in Poland).
13.5. The SELLER shall return to the CONSUMER all payments made by the CONSUMER, including the costs of delivery of the product, within 14 [fourteen] calendar days from the date of receipt of the CONSUMER's declaration of withdrawal from the contract, with the proviso that the SELLER shall have the right to withhold the reimbursement of payments received from the CONSUMER until the product is received back or the CONSUMER provides evidence of its return, whichever event occurs first. The time limit shall be deemed met if the CONSUMER sends the consignment to the SELLER on the last day of the time limit.
13.6. The direct costs of returning the product shall be borne by the CONSUMER. The SELLER shall not accept consignments sent back by the CONSUMER in cash on delivery.
13.7. The product returned by the CONSUMER must be complete (including all equipment and accessories forming its integral part), must not be used, must not show signs of use exceeding ordinary management. The CONSUMER is liable for any reduction 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. The original sales document and a completed and signed product return form should be attached to the returned product. The CONSUMER is obliged to properly secure the returned product to prevent its damage in transit.
13.8. If the product is returned by the CONSUMER in violation of the provisions of sec.
13.7 first sentence, the SELLER reserves the right to refuse to accept the shipment or to reduce the returned amount by the equivalent of the damaged product.
13.9. Reimbursement shall be made using the same method of payment used by the CONSUMER.
13.10. Returns shall be sent to the SELLER's address: Extensions s.c. Joanna Gołębska, Rusłan Laszczowski, 44-109 Gliwice, Poland, ul. A. Gaudiego 6.
13.11. By entering into a contract, the CONSUMER acknowledges that he/she has read these terms and conditions, including that he/she has been notified of his/her right to withdraw from the concluded sales contract within 14 [fourteen] calendar days from the date of receipt of the product.
13.12. The CONSUMER shall not be entitled to withdraw from a contract concluded off-premises or at a distance, if the object of the contract is:
(a) non-prefabricated goods, manufactured according to the CONSUMER’S specifications or serving to satisfy their individualized needs;
b) goods subject to rapid decay or having a short shelf life;,
c) goods delivered in a sealed package which cannot be returned after opening for health protection or hygiene reasons (e.g., hair extensions, hairpieces, wigs), if the package was opened after delivery.
14. Complaints
14.1. The SELLER shall be liable under quality guarantee, warranty for legal or physical defects, inconsistency of goods with the contract, depending on the type of the BUYER's entity, under the provisions of generally applicable laws, subject to the provisions below.
14.2. The BUYER shall be both the CONSUMER within the meaning of Clause 6.1 of these Rules and Regulations and other entities, including entrepreneurs. In the event of a provision concerning only the CONSUMER or entities other than them, this shall be expressly indicated in the wording.
14.3. The SELLER shall not accept consignments sent back by the BUYERS against cash on delivery.
14.4. In the case of a complaint, the CONSUMER shall be entitled to claims under the guarantee and non-conformity of goods with the contract under the provisions of the Consumer Rights Act in force in Poland.
14.5. For other BUYERS, except for the CONSUMER, the BUYERS shall be entitled to make claims based on warranty and guarantee.
14.6. The liability under warranty for defects towards the BUYER, except for CONSUMERS, under the entitlements under art. 558 § 1 of the Civil Code in force in Poland, shall be limited exclusively to the defects which were ascertained by the BUYER within 3 [three] calendar days from the date of delivery of the product. Within this period, the BUYER shall be obliged to report a complaint to the SELLER. Irrespective of the obligation to comply with the above-mentioned time limit, the BUYER shall send the complained goods to the SELLER within 7 [seven] days from the date of their delivery. The provision of para. 13.2 The second sentence shall apply accordingly.
14.7 In the event of liability for non-conformity of goods with the contract, as far as the CONSUMER is concerned, the trader shall be liable within 2 [two] years from the date of disclosure and delivery of the defective product, unless the product's useful life is shorter.
14.8 The SELLER shall provide the BUYER with a quality guarantee for the delivered product for 30 [thirty] days from the date of sale as referred to in sec. 12.7. Second sentence of the Regulations.
14.9 The claim under the quality guarantee granted to the BUYER may be considered only if the BUYER complies with the warranty terms and conditions of the purchased product.
14.10. When making a complaint, the BUYER is obliged to indicate the basis of their claim, i.e. whether it is a claim under statutory warranty, non-conformity of the goods with the contract, or a guarantee, and to send the complained goods to the Seller for verification.
14.11. The complaint procedure shall be conducted exclusively by electronic correspondence. All letters of the SELLER relating to the complaint procedure shall be addressed to the BUYER only to the address from which the complaint was made.
14.12. Complaints are subject to:
(a) quantitative shortages of products,
b) damage to the product (excluding damage for which the SELLER is not responsible, in particular after the transfer of the ownership of the product to the BUYER),
c) non-conformity of the product with the order.
14.13. Complaints shall relate only to the product in the quantity/scope affected by the defect.
14.14. The SELLER shall not be liable for defects of the product resulting from its misuse or non-compliance with the warranty conditions.
14.15. The SELLER shall not be responsible for the product's defects resulting from improper transport and storage (warehousing) if they occurred after the risk was transferred to the BUYER.
14.16. The SELLER shall not be responsible for defects resulting from processing, alterations, modifications of the product, etc. unless the BUYER proves that the product's defect resulted from its original characteristics and was the only reason for the defective processing, alteration, modification, etc.
14.17. In the event of an accepted complaint not originating from a CONSUMER due to a defect or factory damage to the product, the SELLER shall, at its own discretion, perform a repair, replace the product with a new one, or refund the purchase costs to the BUYER – if repair or replacement of the product is not possible.
14.18 In the event of an accepted complaint from a CONSUMER due to a defect or factory damage to the product, the SELLER shall, at the CONSUMER'S request, perform a repair or replace the product with a new one. The SELLER may perform a replacement when the CONSUMER requests a repair, or the SELLER may perform a repair when the CONSUMER requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the CONSUMER is impossible or would involve excessive costs for the SELLER. If repair and replacement are impossible or would involve excessive costs for the SELLER, the SELLER may refuse to bring the goods into conformity with the contract, refunding the purchase costs to the CONSUMER.
14.19. If the complaint is not accepted, the SELLER shall return the claimed product to the BUYER at the BUYER's expense.
14.20. The SELLER shall process complaints within 14 [fourteen] calendar days of receiving the complaint. The absence of a reply from the SELLER within the above-mentioned time limit shall be deemed as acceptance of the complaint request.
14.21. In the case of a complaint regarding the non-delivery of the product by the carrier, the SELLER shall, upon receipt of a notification from the BUYER, file a complaint relating to the non-performance of the contract by the carrier. If the complaint is accepted by the carrier, the SELLER shall return the value of the consignment to the BUYER after having obtained reimbursement of the value of the goods, or, if expressly requested by the BUYER, shall reship the product to the BUYER.
14.22. A CONSUMER has the option to use out-of-court methods of settling complaints and pursuing claims, including:
a) submitting a request to a permanent consumer arbitration court for the resolution of a dispute arising from the concluded contract;;
b) submitting a request to a provincial inspector of the Trade Inspection for the initiation of mediation proceedings;
c) using the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
15. Contract concluded with a consumer
15.1. The SELLER shall confirm to the CONSUMER the conclusion of the distance contract on a durable medium within a reasonable time after its conclusion, at the latest upon delivery of the product. The confirmation shall include the information in Article 12.1 of the Consumer Rights Act in force in Poland .
15.2. The information contained in the confirmation referred to above is an integral part of the agreement concluded at a distance or off-premises and may only be altered with the express agreement of the parties.
16. Processing of personal data
16.1. Placing an order at Extensions hair shop is tantamount to consent to the storage and processing by Extensions s.c. Joanna Gołębska, Rusłan Laszczowski in its registered office in Gliwice, Poland, personal data contained in the order, by the applicable provisions of the Customer Rights Act as well as the provisions of the GDPR and the Polish Data Protection Commissioner.
16.2. Extensions s.c. Joanna Gołębska and Rusłan Laszczowski inform that the BUYER's data will be processed only for the successful receipt and acceptance of the order for execution and delivery of the product to the address indicated by the BUYER. With the BUYER's consent, their data shall also be processed to provide information materials, and marketing offers in the form of a newsletter.
16.3 The processing of the BUYER's data may consist of their collection, recording, organisation, storage, modification, retrieval, review, use, disclosure, deletion or destruction.
16.4 Extensions s.c. Joanna Gołębska and Rusłan Laszczowski inform that the personal data of the BUYER who made the payment for the purchased goods may be disclosed only to entities that participate in the proper performance of the SELLER's contractual obligations towards the BUYER and only to the extent necessary to fulfil such obligations. Otherwise, the personal data of the BUYER may be disclosed only to third parties (processors) and only to the extent that this is necessary for the material pursuit of the SELLER's claims against the BUYER.
16.5 The BUYER shall have the right to inspect, change or remove entirely the personal data stored by Extensions s.c. Joanna Gołębska, and Rusłan Laszczowski from the system in situations permitted by applicable laws.
16.6 Extensions s.c. Joanna Gołębska and Rusłan Laszczowski respect the BUYERS' rights to privacy. The principles of the Privacy Policy applicable to the activities of Extensions s.c. Joanna Gołębska and Rusłan Laszczowski are available at www.e-hairshop.com.
17. Final provisions
17.1. Any sales contract concluded is subject to Polish law.
17.2. These terms and conditions are available at www.e-hairshop.com and in writing at the company's registered address.
17.3. The invalidity, illegality or unenforceability of any of the provisions of these terms and conditions shall not affect the validity of the contract concluded between the parties.
17.4. The SELLER reserves the right to change the rules of sale set out in these Terms and Conditions. Any amendments to the Rules and Regulations shall only apply to orders placed after they enter into force.
17.5. Amendments to the Terms and Conditions shall be effective from the moment they are published on the website of the SELLER and shall not apply to orders placed before that date.
17.6. Telephone calls and electronic and paper correspondence made in connection with the operation of the Extensions Hair Shop may be recorded and archived. Disclosure of any details arising from these conversations or correspondence is not permitted unless it is with the express consent of the sender and the addressee or if it is necessary due to a claim asserted by the SELLER, in particular against the addressee or the sender, or if it is obligatory due to a provision of law and at the request of a state authority empowered to do so.
17.7. The differences between the appearance of the product presented on the website of the Extensions Hair Shop and the appearance of the product delivered to the BUYER, resulting from the specificity of the presentation of the product within the activity of the Extensions Hair Shop, in particular concerning the shades of colours, the manner of hairdressing, etc., as well as those resulting from changes in the graphic form of packaging, shall not constitute grounds for a complaint about the purchased product.
17.8. According to Article 8(3)(2)(b) of the Act on Rendering Electronic Services in force in Poland, the entity using the Extensions Hair Shop website is obliged not to post unlawful content on the website.
17.9. The Extensions Hair Shop online shop (and the company running it) shall not be liable for any damage or harm resulting from the malfunction of the server on which the online platform of the Shop is located; this applies in particular to the effects of errors in the operation of websites, lack of access to them and other failures, damage or disruptions in the operation of online services.
17.10. The Extensions Hair Shop shall not be liable for any damage or harm caused by its act or omission resulting from incorrect data received by it from the BUYER.
17.11. In matters not regulated by these Regulations, the relevant provisions of the commonly applicable law shall apply, in particular, the provisions of the Acts referred to in item. 2.
Annex I - WITHDRAWAL FORM
Annex II - INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT - CONSUMERS