Terms & conditions

Terms and Conditions of the www.noblelashes.pl online store

I. Definitions.
§ 1
In these Terms and Conditions of the www.noblelashes.pl online store, hereinafter referred to as the "Terms and Conditions", the following terms should be understood as:
a. "Seller" – NOBLE GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ in Olkusz, ul. Nowowiejska 33, 32-300 Olkusz, NIP: 637 220 92 02, KRS 0000821597, REGON: 385198239, e-mail: sklep@noblelashes.pl, tel. 500 045 413,
b. "Store" – an online store located on the website www.noblelashes.pl and its subpages, offering eyelash extension products by NobleLashes, in particular such as: eyelashes, eyelash adhesive, accessories and other products for eyelash extension and for lifting, lamination and microblading treatments.
c. "Customer" – any entity concluding a contract with the Seller for setting up an Account in the Store or a contract for the sale of goods from the Store's offer,
d. "Account" – the Customer's account created by him in the Store in accordance with the rules set out in the Terms and Conditions, enabling in particular the registration of his orders, viewing previous orders, viewing all consents granted by the Customer, the ability to save several delivery addresses, the ability to attach an individual discount to the Account.
e. "Consumer" – a person defined in the provision of art. 22 of the Civil Code, i.e. a natural person who performs a legal transaction with an entrepreneur that is not directly related to his business or professional activity.
f. "Consumer-Entrepreneur" – 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 under the provisions on Central Register and Information on Economic Activity.

II. General provisions.
§ 2
The Terms and Conditions define the rules for the provision of electronic services by the Seller to Customers consisting in enabling them to create their Account in the Store free of charge, and then conclude via the Internet sales contracts for goods in the Store's product range for the prices given on the relevant subpages of the Store.

§ 3
The content presented on the Store's website, in particular announcements, advertisements, price lists and other information, does not constitute a commercial offer within the meaning of art. 66 and 661 of the Civil Code, but an invitation to submit offers.

§ 4
1. The prices of goods in the Store's product range are expressed in Polish zlotys and include VAT. The Seller may modify the Store's product range, product prices, carry out and cancel promotional campaigns (including discount offers depending on the size of the order). It is possible to pay for goods in a currency other than Polish zloty – after prior arrangement of payment terms with the Seller.
2. The prices of goods given in the Store do not include shipping costs and fees for some forms of payment, which are indicated separately in accordance with the content of the relevant Store subpage.
3. In the case of introducing reductions in the prices of goods, the Seller indicates the lowest price of the goods during the 30 days preceding the introduction of the reduction.

§ 5
1. Making a purchase in the Store is possible after prior registration and setting up an Account in the Store. The registration procedure in the Store is described in the provisions of part III. of the Terms and Conditions.
2. Setting up an Account in the Store is tantamount to acceptance of the Terms and Conditions, which is confirmed by an appropriate declaration by a person who wishes to create an Account in the Store, made when completing the registration form. The Terms and Conditions are also sent in the form of a pdf file to the Customer's e-mail address.

§ 6
The Store fulfils orders in Poland and other European Union countries. It is possible to fulfil an order outside the European Union after prior individual arrangement of the conditions with the Seller.

§ 7
1. In order for the Customer to use the Store, it is necessary to provide: Internet access, an e-mail address, a standard operating system and a web browser.
2. For the correct use of the Account, as well as for placing an order, it is required to enable cookies in the web browser. Cookies are used to maintain the Customer's session after logging in to the Account, maintain the order placement process and keep statistics. It is then possible to delete them through the appropriate options available in the web browser or with the use of other software.

III. Creating an Account in the Store.
§ 8
An Account in the Store may be created by: natural persons with at least limited legal capacity, legal persons or organisational units without legal personality to whom the law grants legal capacity. The account is created free of charge.

§ 9
1. A person wishing to conclude a contract with the Seller for setting up an Account in the Store should click on the "Registration/Register me" tab located in the relevant part of the website that makes up the Store The form located there constitutes the Seller's offer addressed to the future Customer regarding the conclusion of a contract for setting up an Account in the Store.
2. Then, complete the above form and provide: e-mail address, Account password, address, and in the case of persons wishing to obtain a VAT invoice, also NIP or PESEL number. The login and password provided will be used to log in to the Account after creating it.
3. To send the form and complete the registration procedure in the Store, it is necessary to accept the Terms and Conditions and consent to the processing of personal data for purposes related to the proper provision of services covered by the Terms and Conditions. Consent to the processing of personal data for marketing purposes and to the sending of commercial information is voluntary and is not necessary for the conclusion of the contract for setting up an Account in the Store.
After the form has been sent, the Seller shall send a message to the person wishing to create an Account, to the e-mail address provided, confirming the creation of the Account in the Store together with the Terms and Conditions in a pdf file.
4. Clicking on the "register me" button is tantamount to accepting the Seller's offer. At this moment, a contract is concluded between the Seller and the person who completed the registration form for setting up an Account in the Store.
5. If the Customer is a Consumer or a Consumer-Entrepreneur, then he has the right to withdraw from the contract for setting up an Account, without giving reasons, within 14 days from the date of its conclusion, i.e. from the moment specified in the provision of section five of this paragraph. The provisions of § 18 para. 2-4 apply accordingly.

§ 10
The Customer should keep his data used to log in to the Store with due diligence, so that no unauthorised persons gain access to this data.

IV. Placing and accepting an order.
§ 11
1. The sale of goods takes place on the basis of orders placed via the Account.
2. The Customer has the option of placing an order after logging into his Account.
3. Orders can be placed through the Account 7 days a week, 24 hours a day. The Seller shall respond to the order within two working days from the day the order is received.

§ 12
1. In order to conclude a sales contract with the Seller, the Customer selects goods in the Store by selecting the appropriate tab of the product range, and then clicking the "buy now!" button located next to the goods selected by the Customer. The goods in the basket have not yet been ordered and the Customer has the option of adding more goods to the basket, removing the goods therein, as well as cancelling the purchase.
2. After adding to the basket all the goods that the Customer wishes to order and selecting the method of payment and delivery, click the "Next" button. After the method of delivery and payment have been selected, information about the selected method of delivery and payment, as well as their cost, shall be displayed. The amount to be paid shall also be updated by adding the fee for the selected payment and delivery methods to it. Any remarks for the order can be made in the relevant field.
3. The goods displayed in the basket together with their quantity and prices, as well as the selected method of delivery and payment along with their cost, constitute an invitation addressed to the Customer by the Seller to submit an offer to purchase these goods.
4. At this stage of placing an order, it is also necessary to check it is correct and confirm this by clicking the "Confirm" button. By clicking the "Confirm" button, the Customer submits an offer to the Seller to purchase the goods in the basket.
5. After the order has been placed, information shall be displayed confirming receipt of the order by the Seller, which causes the Customer to be bound by the offer.
6. Then the Seller shall confirm acceptance of the offer submitted by the Customer in an e-mail sent to the e-mail address provided by the Customer in the Account. At the moment of entering the above e-mail message into the Customer's means of electronic communication, in such a way that the Customer has the opportunity to read the content of the e-mail, a sales contract is concluded between the Seller and the Customer, provided that the stock allows for the delivery of all products.
§ 13
1. The customer chooses the method of payment and delivery of the goods. The following payment methods are available: prepayment to the Seller's account, payment via PayPal.pl, fast transfer Przelewy24, cash on delivery. The following delivery methods are available to the Customer: courier delivery, delivery to a parcel locker, delivery by Poczta Polska (Polish Post Office).
2. The costs related to the execution of the payment and the delivery of goods are borne by the Customer, while the Seller may set a specific threshold of purchase value, above which the cost of delivery or payment shall be covered by the Seller. The costs related to the delivery and the method of payment are displayed before the Customer submits an offer to purchase the goods in the basket.
3. Information about the methods of payment and delivery of goods, the value threshold above which the costs of delivery or payment shall be covered by the Seller and about the cost of goods are available in the appropriate tab of the Store.

§ 14
1. The customer may submit a request for a VAT invoice to be issued to him, documenting the conclusion of the sales contract in accordance with applicable regulations.
2. By accepting the Terms and Conditions, the Customer purchasing the offered products consents to the Seller issuing and sending invoices in electronic form in accordance with the Act of 11 March 2004 on tax on goods and services. Consent to receive invoices in electronic form is tantamount to declining receipt of invoices in paper form.
3. The Seller issues and sends invoices in electronic form, guaranteeing the authenticity of their origin and the integrity of their content.
4. The Seller is not liable for incorrect VAT invoice data provided by the Customer.
5. Each electronic invoice shall be delivered to the Customer by e-mail to the address provided by the Customer in the order.
6. The Customer is entitled to receive an invoice in paper form if, together with the order sent to the Seller, he/she submits a declaration on the will to receive a VAT invoice in paper form.

§ 15
1. The Seller shall start the fulfilment of the order:
- if the prepayment option is chosen – after the funds have been credited to the Seller's bank account,
- if the PayPal or Przelewy24 is chosen – after the Seller obtains authorisation of the transaction from the payment operator,
- if the cash on delivery option is chosen – after the conclusion of the sales contract.
2. The seller usually fulfils orders within seven working days from the date of payment. In the event that the completion date turns out to be longer, the Seller shall inform the Customer immediately after receiving such information.

V. Account.

§ 16
The customer can track the status of the order after logging into his Account.

§ 17
After logging in to his Account, the Customer also has the option of updating his data provided when setting up his Account.

VI. Guarantee.
§ 18
1. The Seller, as the Guarantor, provides the Customer with a guarantee of compliance of the goods with the contract for the goods purchased by the Customer.
2. The Guarantor ensures that the goods are suitable for normal operation in accordance with their intended use.
3. The Guarantor's liability under the guarantee covers only non-compliance of the goods with the contract.
4. The guarantee does not cover goods that cannot be identified as goods purchased from the Guarantor on the basis of the submitted documents and data on the goods.

§ 19
1. If the Customer finds a defect covered by the guarantee, the Customer is obliged to immediately inform the Guarantor in writing by completing and sending the complaint form containing:
a) name of the goods, catalogue number, date of purchase, number of the VAT invoice or other accounting document issued in connection with the purchase of the goods,
b) the date when the defect was discovered,
c) the nature of the irregularities in the operation of the goods,
d) what expectations the Customer has regarding the Guarantor's action to remove the defect, i.e. whether he requests repair or replacement of the goods.
2. The Customer may use the complaint form template available at www.noblelashes.pl/formularze. In order to implement the guarantee, the Customer is obliged to make the goods under complaint available to the Guarantor for collection. The cost of transporting the goods subject to the complaint is charged to the Guarantor.
3. In the event of a positive consideration of the Customer's complaint and finding that the goods subject to the complaint actually have defects, the Guarantor undertakes to refund the price paid, reduce the price, repair or replace the goods - at the Customer's discretion, with the reservation that replacement or repair is not granted if it is impossible or if it will involve excessive costs. In that case, the Guarantor shall offer the Customer a refund of the price paid or a reduction of the price.
4. The Guarantor shall perform the guarantee obligations within 14 working days from the date of delivery of the goods by the Customer. In the event that it proves impossible for reasons beyond the Guarantor's control, the Guarantor is obliged to perform its obligations as soon as possible.
5. After fulfilling guarantee obligations, the Guarantor shall inform the Customer about the transfer to his bank account or about the replacement or repair of the goods and then send them to the Customer.
6. In the event that the Guarantor provides the Customer with goods free from defects in exchange for defective goods, the guarantee period begins anew from the moment of delivery of the goods free from defects.

§ 20
1. The guarantee period is 12 months from the date the Guarantor issues a VAT invoice or other accounting document for the purchased goods.
2. The rights under the guarantee shall be exercised in Poland at the Guarantor's registered office.
3. The guarantee does not exclude, limit or suspend the Customer's rights under warranty provisions. Exercising the guarantee rights does not affect the Guarantor's liability under a warranty.

VII. Returns and complaints.
§ 21
1. Every Customer (regardless of whether he meets the definition of a Consumer or a Consumer-Entrepreneur) has the right to withdraw from a distance sales contract concluded with the Seller, without giving reasons, within 14 days. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer came into possession of the goods or on which a third party other than the carrier and indicated by the Customer came into possession of the goods.
If the subject of the contract is goods delivered in batches or in parts, this period expires after 14 days from the date on which the Customer came into possession of the last batch or part or on which a third party other than the carrier and indicated by the Customer came into possession of the last batch or part. If the subject of the contract is many items that are delivered separately, this period expires after 14 days from the date on which the Customer came into possession
of the final batch of goods or on which a third party other than the carrier and indicated by the Customer came into possession of the final batch of goods.
2. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about his decision to withdraw from the contract by an unequivocal declaration (for example, submitted in writing sent by post or e-mail to the Seller's address provided in § 1 let. a of the Terms and Conditions).
3. The customer may use the withdrawal form template available at www.noblelashes.pl/formularze.
4. In order to meet the deadline for withdrawal from the contract, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract.
5. The right to withdraw from the contract does not apply if the subject of the contract is goods which, after delivery, due to their nature, are inseparably connected with other items – from the moment of such connection.
6. In the event of withdrawal from the contract, the Seller shall refund to the Customer all payments received from him, including the costs of delivery of the goods, immediately, and in any case not later than 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract. The Store shall refund the payment using the same payment method that was used by the Customer in the original transaction,
unless the Customer expressly agrees to a different solution; in any case, the Customer shall not incur any fees in relation to this refund.
7. The Customer is responsible for the decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. In the event of a decrease in the value of the goods as a result of such use, the Seller shall deduct from the amount of the returned payment the amount corresponding to the decrease in the value of the used goods.
8. The right to withdraw from a contract concluded off-premises or remotely is not available to the Customer in relation to a contract in which the subject of the service is goods subject to rapid deterioration or with a short shelf life, or in which the subject of the service is goods delivered in sealed packaging, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery.
9. The Seller may withhold reimbursement until receipt of the goods or until proof of their return is provided, whichever occurs first.
10. The Customer should send back or hand over the goods to the Seller immediately, and in any case not later than 14 days from the date on which he informed about the withdrawal from the contract. The deadline is met if the Customer sends back the goods before the expiry of the 14-day period.
11. The Customer shall bear the direct costs of returning the items.
12. The address to which the Customer should return the goods is NOBLE GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Nowowiejska 33, 32-300 Olkusz
13. A full instruction on the Consumer's right to withdraw from a contract concluded off-premises is attached to these Terms and Conditions.
§ 22
1. In the event of non-compliance of the goods with the contract, the Customer is entitled to legal protection measures at the expense and on the part of the Seller (warranty).
2. Complaints may be submitted in writing to the Seller's address given in the provision of § 1 let. a or by e-mail to the following e-mail address: sklep@noblelashes.pl or by phone or in another form.
3. The complaint should include the Customer's data, the order number (or other data allowing their identification) and a description of the situation that is the basis for the complaint.
4. Complaints are considered within 14 days from the date of their receipt by the Seller.
5. In the case of Customers who are not Consumers or Consumers-Entrepreneurs, the Seller's liability under the warranty is excluded pursuant to art. 558 para. 1 of the Civil Code.

VIII. Duration of the Account creation contract.
§ 23
The contract with the Customer for setting up an Account in the Store is concluded for an indefinite period.

§ 24
1. The Customer may at any time terminate the contract for setting up an Account in the Store by sending a withdrawal notice to the Seller's address provided in § 1 let. a, by e-mail to sklep@noblelashes.pl or in another form. The contract shall be terminated upon receipt of the withdrawal notice by the Seller.
2. The Seller may terminate the contract for setting up an Account in the Store only in the following situations:
a. termination of operation of the Store by the Seller,
b. provision of unlawful information by the Customer in the registration form or when purchasing goods,
c. gross violation of the provisions of these Terms and Conditions by the Customer.
d. posting of unlawful content on the Store's website (in particular containing vulgar, offensive content or content that violates the rights of others) – the Seller has the right to remove or modify such statements accordingly.
In this case, the contract for setting up an Account in the Store shall be terminated at the end of a one-week notice period.
IX. Final Provisions.
§ 25
1. All headings used in the content of the Terms and Conditions are intended only to facilitate orientation in its text.
2. The Terms and Conditions are available at the Seller's registered office and on the website https://noblelashes.eu/terms-and-conditions.html
3. Privacy Policy https://noblelashes.eu/privacy-policy.html

Appendix – Instruction on the right to withdraw from the contract

INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
TEMPLATE OF INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT


Right of withdrawal from the contract

You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the final batch of goods or on which a third party other than the carrier and indicated by you came into possession of the final batch of goods.

To exercise your right of withdrawal, you must inform NOBLE GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ in Olkusz, ul. Nowowiejska 33, 32-300 Olkusz, NIP: 637 220 92 02, 500 045 413 of your decision to withdraw from this contract by an unequivocal declaration (e.g. a letter sent by post, fax or e-mail).
You can use the withdrawal form template; however, this is not obligatory. You can also complete and send the contract withdrawal form or any other unequivocal declaration by electronic means on our website https://noblelashes.pl/. If you use this option, we shall immediately send you an acknowledgement of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).
In order to meet the deadline to withdraw from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Consequences of withdrawing from the contract
In the event of withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivering the goods, immediately, and in any case not later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract. We shall refund the payment using the same means of payment that you used in the original transaction,
unless you have expressly agreed otherwise; in any case, you will not incur any fees in relation to this refund. We may withhold the reimbursement until receipt of the goods or until you provide us with proof of their return, whichever occurs first. Please send back or hand over the goods to us immediately, and in any case no later than 14 days from the day on which you informed us about the withdrawal from this contract.
The deadline is met if you send back the goods before the expiry of the 14-day period. You will have to bear the direct cost of returning the goods. You are only liable for any reduction in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.