Terms and conditions

Terms and Conditions of the Online Store

– www.iqnails.com

 

General Provisions

§ 1

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") set out the general conditions for the sale of goods and provision of services by "IQDENT" spółka z ograniczoną odpowiedzialnością based in Łódź (hereinafter referred to as the "Seller") through the Online Store at www.iqnails.com, including the rules for concluding sales agreements between the Seller and Buyers using means of distance communication, as well as the rules for Buyers' use of the Online Store available at www.iqnails.com.

2. The Agreement is concluded in the Polish language, in accordance with the law applicable in the Republic of Poland and these Terms and Conditions.

3. Sales may be made within the framework of time-limited promotional offers. In the event that promotional offers are introduced, the detailed terms of the promotion are published on the website www.iqnails.com.

4. The place of sale is located on the territory of the Republic of Poland.

5. The confirmation, disclosure, recording and securing of all material provisions of the Agreement for the purpose of obtaining access to this information in the future takes place in the form of:

a)      confirmation of the Order by sending the Order to the indicated e-mail address;

b)      attachment to the fulfilled Order sent to the indicated place of delivery of: proof of purchase, information on the right of withdrawal from the contract, information on the link address to access and download these Terms and Conditions, and a model withdrawal form.

6. The Seller bears responsibility for the conformity of the performance with the Agreement in accordance with universally applicable provisions of law and these Terms and Conditions.

 

Definitions

§ 2

1. Delivery Price List – a list of available delivery methods and their costs, available in the Online Store.

2. Contact Details – "Iqdent" spółka z ograniczoną odpowiedzialnością, ul. Kilińskiego 228, 93-124 Łódź, Poland, e-mail: shop@iqnails.com; tel: +48 733 102 021.

3. Business Days – days from Monday to Friday, excluding public holidays.

4. Delivery – the type of transport service, including specification of the carrier and the cost, listed in the Delivery Price List.

5. Proof of Purchase – an invoice, bill or receipt issued in accordance with the Act of 11 March 2004 on the tax on goods and services (consolidated text, Journal of Laws of 2022, item 931, as amended) and other applicable provisions of law.

6. Online Order Form - an interactive form available on the Online Store website allowing the terms of the sales Agreement to be specified, including the quantity of Goods or Goods with Digital Elements ordered, and enabling the submission of the Order.

7. Product Page – a single sub-page of the Online Store containing information about a single item of Goods or Goods with Digital Elements.

8. Customer - a natural person with full legal capacity conducting business activity, a legal person or an organisational unit that is not a legal person but is granted legal capacity by specific provisions, who concludes an Agreement with the Seller by making a purchase directly related to their business or professional activity in the Online Store or who uses other Services available in the Online Store.

9. Customer with Consumer Rights – a Customer who is a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it does not have a professional character for that person, as determined in particular by the subject matter of the business activity carried out by them, disclosed pursuant to the provisions on the Central Register and Information on Business Activity (in particular the PKD codes).

10. Civil Code – the Act of 23 April 1964, Civil Code (Kodeks cywilny) (consolidated text, Journal of Laws of 2022, item 1360, as amended).

11. Consumer – an adult natural person with full legal capacity making a purchase from the Seller that is not directly related to their business or professional activity.

12. Account – the section of the Online Store assigned to a given Buyer, through which the Customer may perform certain actions within the Online Store.

13. Buyer – a Customer, a Consumer, and a Customer with Consumer Rights.

14. Place of Delivery of the Product – the postal address or collection point indicated in the Order by the Buyer.

15. Payment – the method of paying for the Goods/Goods with Digital Elements and their Delivery.

16. Order Confirmation - an e-mail message sent by the Seller, containing confirmation of the Seller's acceptance of the Buyer's offer.

17. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Ustawa o prawach Konsumenta) (consolidated text, Journal of Laws of 2020, item 287, as amended).

18. Product - the subject matter of the Agreement, being Goods or Goods with Digital Elements, and their delivery.

19. Entrepreneur - a Customer who is an entrepreneur within the meaning of Art. 43¹ of the Civil Code (Kodeks cywilny).

20. Collection Point – the place of delivery of Goods/Goods with Digital Elements listed in the catalogue made available by the Seller in the Online Store.

21. Terms and Conditions – this document (terms and conditions) relating to the provision of sales by the Seller.

22.  Online Store or Store – the online service operated by the Seller at the web address www.iqnails.com, through which the Buyer may place an Order.

23. Seller - IQDENT Sp. z o.o. with its registered office in Łódź, ul. Jana Kilińskiego 228, 93-124 Łódź, registered by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register (Krajowy Rejestr Sądowy) under KRS number: 0000584723, NIP: 7252103766, REGON: 362935470, share capital: 5,000.00 zł, bank account number: 85 1020 3378 0000 1602 0299 8896

24. System – a set of cooperating IT devices and software ensuring the processing and storage, as well as sending and receiving of data via telecommunications networks using a terminal device appropriate for the type of network, commonly referred to as the Internet.

25. Goods – a product presented with a description in the Seller's Online Store, which may be the subject of an Order.

26. Digital Content - data produced and supplied in digital form;

27. Digital Service - a service that enables the Consumer to:

a) produce, process, store or access data in digital form,

b) share data in digital form that has been transmitted or produced by the consumer or other users of the service,

c) other forms of interaction by means of data in digital form;

28. Goods with Digital Elements - Goods containing or connected with Digital Content or a Digital Service in such a way that the absence of the Digital Content or Digital Service would prevent the Goods from functioning properly;

29. Agreement – a sales Agreement for Goods or Goods with Digital Elements concluded with the Seller outside the business premises or at a distance within the meaning of the Consumer Rights Act (Ustawa o prawach Konsumenta) of 30 May 2014, in the case of Consumers and Customers with Consumer Rights, and a sales agreement within the meaning of Art. 535 of the Civil Code (Kodeks cywilny) of 23 April 1964, in the case of Customers.

30. Services – services provided electronically by the Seller to Buyers within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Ustawa o świadczeniu usług drogą elektroniczną) (consolidated text, Journal of Laws of 2020, item 344).

31. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Ustawa o prawach Konsumenta) (consolidated text, Journal of Laws of 2020, item 287, as amended).

32. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Ustawa o świadczeniu usług drogą elektroniczną) (consolidated text, Journal of Laws of 2020, item 344).

33. Defect – non-conformity of the sold Goods or Goods with Digital Elements with the Agreement, in particular if:

1.    the Goods or Goods with Digital Elements do not have the properties that goods of this type should have in view of the purpose specified in the Agreement or resulting from the circumstances or the intended use;

2.    the Goods do not have the properties whose existence the Seller has assured the Consumer of,

3.    the Goods are not fit for the purpose which the Consumer informed the Seller of at the time of concluding the Agreement, and the Seller raised no objection to such intended use;

4.    the Goods were delivered to the Consumer in an incomplete state;

5.    in the event of improper installation and commissioning, if those activities were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer who acted in accordance with instructions received from the Seller;

6.    the Goods do not have properties assured by the manufacturer or its representative, or a person who introduces the goods into commercial circulation in the course of their business activity, or a person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the item sold, unless the Seller was not aware of those assurances and, acting reasonably, could not have been aware of them, or they could not have influenced the Consumer's decision to conclude the Agreement, or their content was corrected before the Agreement was concluded.

34. Legal Defect – a situation in which the sold Goods or Goods with Digital Elements constitute the property of a third party or are encumbered with a right of a third party, and also where any restriction on the use or disposal of the Goods results from a decision or ruling of a competent authority.

35. Order – a declaration of intent by the Buyer submitted through the Online Store, directly aimed at concluding a sales Agreement with the Seller, specifying in particular the type and quantity of Goods or Goods with Digital Elements, the type of delivery, the type of payment, the place of delivery, and the Buyer's details.

 

Rules for Using the Online Store

§ 3

1. Use of the Online Store is possible provided that the IT telecommunications system used by the Buyer meets the following minimum technical requirements:

a)      a computer or mobile device with Internet access,

b)      access to an e-mail account,

c)      an Internet browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,

d)      Cookies and Javascript enabled in the Internet browser.

2. Use of the Online Store means any action by the Buyer that leads to their accessing the content contained in the Store.

3. The Seller does not charge any fees for communication using means of distance communication.

4. The Seller guarantees the Buyer using the system the correct operation of the store in the following browsers: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later.

5. The Seller informs that the use of services provided electronically may involve risks for every Internet user, including the possibility of introducing malicious software into the Buyer's IT telecommunications system and the acquisition and modification of their data by unauthorised persons. To avoid the risk of the aforementioned threats, the Buyer should use appropriate technical measures to minimise those risks, in particular antivirus software and a firewall.

6. The Seller enables the use of Services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week. The Online Store customer service is available to Buyers only on Business Days from Monday to Friday between 8:00 and 16:00.

7. The Buyer may use the option of having their data saved by the Store in order to facilitate the process of placing a subsequent order. For this purpose, the Buyer should provide a login and password necessary to gain access to their account. The login and password are a string of characters set by the Buyer, who is obliged to keep them confidential and protect them against unauthorised access by third parties. The Buyer may at any time view, correct, update their data and delete their account in the store.

8. The service of maintaining an Account in the Online Store is available upon registration. Registration is effected by completing and accepting the registration form available on one of the pages of the Online Store. The agreement for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Customer's submission of a request for account deletion.

9. The Seller has the right to organise occasional competitions and promotions, the terms of which will each time be published on the Store's website. Promotions in the Online Store may not be combined, unless the terms and conditions of a given promotion provide otherwise.

10. The Buyer is obliged to:

a)    not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or infringing personal rights and other rights of third parties,

b)    use the Store in a manner that does not disrupt its functioning, in particular by not using specific software or devices,

c)    refrain from actions such as: sending or placing unsolicited commercial information (spam) within the Store,

d)   use the store in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of the terms and conditions, and the general rules of netiquette.

11. In the event of a breach by the Buyer of the provisions of these Terms and Conditions, the Seller, following an unsuccessful prior request to cease or remedy the breaches with the setting of an appropriate deadline, may terminate the agreement for the provision of Services with 14 days' notice.

 

Placing Orders in the Online Store

§ 4

1. All Goods and Goods with Digital Elements available in the Online Store are brand new, free from defects and have been legally placed on the Polish market.

2. All prices quoted by the Seller are expressed in Polish currency and are gross prices (inclusive of VAT). The prices of Goods do not include the cost of Delivery, which is specified in the Delivery Price List.

3. Wherever "Goods" are mentioned hereinafter, this shall also be understood as "Goods with Digital Elements" unless otherwise stated. Wherever "Consumer" is mentioned hereinafter, this shall also be understood as "Customer with Consumer Rights" unless otherwise stated.

4. Information about Goods published on the Online Store website, in particular their descriptions, technical and functional parameters and prices, do not constitute a commercial offer within the meaning of Art. 66 of the Civil Code (Kodeks cywilny), but an invitation to conclude an Agreement within the meaning of Art. 71 of the Civil Code (Kodeks cywilny).

5. A prerequisite for placing an Order is having an active e-mail account.

6. Submission of the Order by the Buyer (confirmation of the Online Order Form by clicking the "Buy and Pay" button) constitutes the Buyer's offer submitted to the Seller to conclude a sales agreement, in accordance with the content of these Terms and Conditions.

7. After submitting the Order, the Buyer will receive at the indicated e-mail address:

a) an e-mail from the payment operator informing about the initiation of the payment process and/or an e-mail from the payment operator informing about the acceptance of payment and crediting of the payment,

b) an e-mail from the Seller containing confirmation of the acceptance of the Buyer's offer ("Order Confirmation") electronically, which constitutes acceptance of the Order and simultaneously confirms the conclusion of a sales agreement with the Buyer.

8. Information about the total value of the Order is provided each time by the Seller by means of an electronic message, together with information that the conclusion of the sales Agreement by the Buyer entails an obligation to pay for the ordered Goods.

9. In the case of a Buyer who is a Consumer, the Seller will each time send the Buyer, following the submission of the Order via e-mail, a confirmation of the terms of the Order placed.

10. The Agreement is concluded at the moment the Buyer, being a Consumer, sends an electronic message (in response to the confirmation of the Order terms sent by the Seller) to the Seller's e-mail address, in which the Buyer: accepts the content of the Order submitted and agrees to its fulfilment, accepts the content of the Terms and Conditions and confirms having read the notice on withdrawal from the Agreement.

11. Placing an Order in the Online Store by sending an electronic message takes place on Business Days and during the hours indicated on the Online Store's website. For this purpose, the Buyer should:

a)      state in the e-mail sent to the Seller the name of the Goods from those available on the Store's website and their quantity,

b)      indicate the delivery method and form of payment from the delivery and payment methods available on the Store's website,

c)      provide the data necessary for the fulfilment of the Order, in particular: first name and last name, place of residence and e-mail address.

12. To place an Order, the Buyer should proceed as follows:

a) from the home page www.iqnails.com or the "Products" tab, or another relevant tab, select the desired Goods by clicking the "Add to cart" button next to the selected Goods;

b) after completing the selection of Goods, click the "Proceed to Order" button,

c) complete the Online Order Form containing the following data:

·            Payer's name and surname

·            Payer's street address

·            Payer's postal code

·            Payer's city

·            Payer's telephone number

·            Payer's e-mail address

, and optionally also:

·         Delivery recipient's name and surname,

·         Delivery recipient's street address,

·         Delivery recipient's postal code,

·         Delivery recipient's city,

·         NIP,

d) select the shipping method,

e) select the payment method,

f) read and accept the Store's Terms and Conditions in order to finalise the Order,

f)  click the "Buy and Pay" button,

g) make payment for the ordered Goods through the Przelewy24, PayPal or PayU online payment system, if a payment method other than cash on delivery is selected.

13. Depending on the selected payment method, the Order will be fulfilled after the payment has been credited to the Seller's bank account or after cash payment has been made.

14. The Seller shall not be liable for disruptions, including interruptions, in the operation of the Online Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store's infrastructure with the Buyer's technical infrastructure.

15. In the event of errors relating to the price or description of any article, product or service, the Seller has the right to refuse to accept or to cancel the Order submitted. In the event that an Order — in which the error in price or description is obvious and could reasonably have led to the price or description being considered erroneous — has been accepted and fulfilled, the Seller may cancel the sale with an obligation to refund the price paid and may demand the return of all Goods delivered under the Order.

16. In the case of promotional offers such as coupons, vouchers and discounts, restrictions may apply. The Customer is obliged to review such an offer with regard to all terms and conditions applicable to it. The Seller reserves the right to correct, suspend, change the terms of and cancel offers at any time and without prior notice.

17. In the event of the return of Goods from an Order to which a free Gift Item or a Goods at a promotional price was also attached, the Customer is obliged to return such Gift Item or Goods as well, as they form an integral part of the Order. In the event of refusal to return the free Gift Item or the Goods at promotional price, the Seller will refund the Customer the price of the returned Goods reduced by the value of the free Gift Item, or the Goods sold at a promotional price – in accordance with the regular price of such free Gift Item or Goods sold at a promotional price.

 

Delivery

§ 5

1. Delivery of Goods is restricted to countries of the European Union and is carried out to the address indicated by the Buyer in the Order.

2. The Buyer may choose the following delivery methods for the ordered Goods:

a)      via courier company;

b)      via postal operator;

c)      delivery to a Parcel Locker (Paczkomat);

3. The Seller informs the Buyer on the Online Store website, in the Goods description, of the number of Business Days required for the fulfilment of the Order and its delivery, as well as the amount of delivery charges. Fulfilment of a cash-on-delivery order takes place immediately, while an order paid by bank transfer or via an electronic payment system takes place immediately after the payment has been credited to the Seller's account.

4. The purchased Goods constituting the subject matter of the Agreement are sent, together with the sales document selected by the Buyer, by the Buyer's chosen delivery method to the place of delivery indicated by the Buyer in the Order, together with attached documents in the form of a receipt or invoice.

5. The Seller, in accordance with the Buyer's wishes, delivers together with the Goods a VAT invoice covering the delivered Goods.

6. If different fulfilment periods have been specified for the Goods included in the Order, the longest of the specified periods shall apply to the entire Order.

7. The Buyer will be charged with the costs of returning the shipment to the sender if, despite it having been sent to the Buyer under the performance of the Agreement, the Buyer failed to collect it.

8. The Seller informs that in the case of Goods with Digital Elements, technical measures for their protection against unauthorised use may be applied. Such Goods are compatible with and can be read using commonly available software and devices that enable the display of files in formats such as docx, pdf, mobi, epub, etc., applicable to such Goods with Digital Elements.

 

Prices and Payment Methods

§ 6

1. Prices of Goods are quoted in Polish zloty and include all components, including VAT, customs duties and other charges.

2. The Buyer may choose the following payment methods:

a)      bank transfer to the Seller's bank account (in this case, fulfilment of the Order will commence after the Seller sends the Buyer confirmation of acceptance of the Order, and dispatch will be made immediately after funds are credited to the Seller's bank account and the Order has been assembled);

b) cash on delivery – payment to the delivery person at the time of delivery (in this case, fulfilment and dispatch of the Order will commence after the Seller sends the Buyer confirmation of acceptance of the Order and the Order has been assembled).

3. The Seller informs the Buyer on the Online Store's website of the deadline by which the Buyer is obliged to make payment for the Order. In the event that payment is not made by the Buyer within the deadline referred to in the preceding sentence, the Seller, following an unsuccessful prior demand for payment with the setting of an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code (Kodeks cywilny).

 

Right of Withdrawal from the Agreement

§ 7

1. A person who concluded an Agreement through the Online Store as a Consumer (the purchase was not related to their business or professional activity), or as an entrepreneur who, under applicable law, is entitled to Consumer rights (the purchase is related to their business activity, but the subject matter of the Agreement, i.e. the purchased Goods, does not have a professional character for that person, as determined in connection with the subject matter of the business activity carried out by them, disclosed pursuant to the provisions on the Central Register and Business Activity), may withdraw from the Agreement without giving a reason, within 14 days from the date of receipt of the Goods. Such withdrawal from the Agreement takes place without incurring costs (with the exception of the costs indicated below in item 10) by submitting an appropriate declaration within 14 days. To comply with this deadline, it is sufficient to send the declaration before its expiry.

2. The 14-day period for withdrawal from the Agreement runs from the date on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the Goods. To comply with the deadline, it is sufficient to send the declaration before its expiry.

3. The Consumer may submit the declaration of withdrawal from the contract on the form of which a model constitutes Appendix no. 1 to the Terms and Conditions, or formulate it independently. The declaration must be sent:

a) to the Seller's correspondence address (ul. Lodowa 138, 93-232 Łódź), or

b) to the e-mail address: shop@iqnails.com.,

4. The Seller excludes the possibility of submitting the declaration of withdrawal from the Agreement in a form other than written.

5. In the event of withdrawal from an Agreement concluded at a distance, the Agreement is considered as not concluded. What the parties have performed shall be returned in an unchanged state, unless the change was necessary to establish the nature, characteristics and functionality of the Goods.

6. In the event of withdrawal from an agreement for the supply of Digital Content or a Digital Service, the Consumer is obliged to cease using such Digital Content or Digital Service and to stop making it available to third parties.

7. The Seller is obliged to return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods, without delay and no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract.

8. The Seller shall refund payments using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not involve any costs for them.

9. If the Seller has not offered to collect the Goods from the Consumer themselves, the Seller may withhold reimbursement of payments received from the Consumer until the Goods are received back or until the Consumer provides proof of their return, whichever occurs first.

10. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

11. The Consumer is obliged to return the Goods to the Seller or deliver them to a person authorised by the Seller to collect them without delay and no later than 14 days from the day on which the Consumer withdrew from the Agreement, unless the Seller has offered to collect the Goods themselves. To comply with the deadline, it is sufficient to send back the Goods before its expiry.

12. The Consumer bears only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear those costs.

13. If the agreement was concluded outside the business premises and the Goods were delivered to the Consumer at the place where they resided at the time of concluding the Agreement, the Seller is obliged to collect the Goods at their own expense, where due to the nature of the Goods they cannot be returned by ordinary post.

14. The Consumer bears responsibility for any diminishment in the value of the Goods resulting from use thereof in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Goods, unless the Seller did not inform the Consumer of the right of withdrawal from the Agreement.

15. The Consumer's right of withdrawal from the Agreement is excluded in the case of:

a)      an agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement;

b)      an agreement in which the subject of the performance is Goods that are non-prefabricated, manufactured to the Consumer's specifications or intended to satisfy the Consumer's individualised needs;

c)      an agreement in which the subject of the performance is Goods that are perishable or have a short shelf life;

d)      an agreement in which the subject of the performance is Goods delivered in sealed packaging which, once opened, cannot be returned for reasons of health protection or hygiene, if the packaging has been opened after delivery;

e)      an agreement in which the subject of the performance is Products which, after delivery, due to their nature, become inseparably connected with other items.

16. The provisions set out in items 1-15 above shall, pursuant to Art. 38a of the Consumer Rights Act (Ustawa o prawach Konsumenta), also apply to Customers with Consumer Rights.

 

Complaints Regarding Goods under Warranty

§ 8

1. The Seller undertakes to deliver to Customers Goods free from defects, in conformity with the Agreement and with the provisions of law, including Art. 43b(1) and (2) of the Consumer Rights Act (Prawo konsumenckie) (in the case of Goods) or Art. 43k(1) and (2) of the Consumer Rights Act (Prawo konsumenckie) (in the case of Goods with Digital Elements).

2. The Seller shall be liable to Customers who are Consumers, and to Customers with Consumer Rights, for non-conformity with the Agreement on the terms set out in the Consumer Rights Act (Ustawa o prawach Konsumenta), taking into account the provisions of these Terms and Conditions.

3. The Seller shall be liable to Customers who are not Consumers, or Customers with Consumer Rights, on the terms set out in Art. 556 of the Civil Code (Kodeks cywilny) and subsequent articles, for defects (statutory warranty).

4. The Seller , pursuant to Art. 558 § 1 second sentence of the Civil Code (Kodeks cywilny), entirely excludes liability towards Customers who are not Consumers or Customers with Consumer Rights, for defects in Goods (statutory warranty).

5. Complaints arising from violation of the Customer's rights guaranteed by law or under these Terms and Conditions should be directed to IQDENT Sp. z o.o., ul. Jana Kilińskiego 228, 93-124 Łódź, or to the e-mail address: shop@iqnails.com or to the telephone number +48 733 102 021.

6. The Consumer may, instead of the remedy proposed by the Seller (repair of the defect), request the replacement of the Goods with goods free from defects, or instead of replacement of the Goods, request the repair of the defect, unless bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. In assessing the excessiveness of the costs, account shall be taken of the value of the Goods free from defects, the type and significance of the defect found, and also the inconvenience to which any other method of satisfaction would expose the Consumer.

7. The reduced price should bear such a proportion to the price resulting from the Agreement as the value of the Goods with the defect bears to the value of the Goods without the defect.

8. The Consumer may not withdraw from the Agreement if the defect is immaterial.

9. The Seller is obliged to replace the defective goods with goods free from defects or remedy the defect within a reasonable time and without excessive inconvenience to the Consumer.

10. In the event of returning the Goods upon withdrawal from the Agreement or exchanging the Goods for goods free from defects, the Buyer exercising statutory warranty rights is obliged to deliver the defective Goods to the complaints address at the Seller's cost.

11. The costs of replacement or repair shall be borne by the Seller.

12. The Seller is obliged to accept from the Consumer the defective Goods in the event of replacement of the Goods with goods free from defects or withdrawal from the Agreement.

13. If the Consumer has requested the replacement of the Goods or the removal of the defect, or has submitted a declaration of a price reduction specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen days, it shall be deemed that the Seller has recognised the request as justified.

14. If among the sold Goods only some are defective and can be separated from the Goods free from defects without loss to either party, the Consumer's right of withdrawal from the Agreement shall be limited to the defective Goods.

15. If the Goods are not in conformity with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement, when:

1) The Seller has refused to bring the Goods into conformity with the Agreement pursuant to Art. 43d(2) of the Consumer Rights Act (Prawo konsumenckie);

2) The Seller has not brought the Goods into conformity with the Agreement pursuant to Art. 43d(4)-(6) of the Consumer Rights Act (Prawo konsumenckie);

3) the non-conformity of the Goods with the Agreement persists, despite the Seller having attempted to bring the Goods into conformity with the Agreement;

4) the non-conformity of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior recourse to the protection measures defined in Art. 43d of the Consumer Rights Act (Prawo konsumenckie);

5) it is clear from the Seller's declaration or from the circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.

16. If, due to a physical defect in the sold Goods, the Consumer has submitted a declaration of withdrawal from the Agreement or a price reduction, the Consumer may demand compensation for the loss suffered as a result of concluding the Agreement without knowledge of the defect, even if the loss is a consequence of circumstances for which the Seller bears no liability, and in particular may demand reimbursement of the costs of concluding the Agreement, the costs of collecting, transporting, storing and insuring the item, and the return of expenditure made to the extent that the Consumer has not derived any benefit from such expenditure. This does not prejudice the provisions on the obligation to remedy losses on general principles.

17. The provision of paragraph 16 shall apply accordingly in the event of delivery of goods free from defects in place of defective Goods, or removal of the defect by the Seller.

18. In the event that the expiry date of the Goods determined by the Seller or the manufacturer falls after two years from the date of delivery of the Goods to the Consumer, the Seller shall be liable under the statutory warranty for physical defects in those sold Goods found before that date.

19. In order for the Complaint to be examined, the Customer should send or deliver it together with proof of the conclusion of the Agreement. The Goods should be delivered or sent to the address indicated in item 5.

20. The Seller undertakes to consider each Complaint within 14 days.

21. In the event that the Complaint is incomplete, the Seller will call upon the Customer to supplement it to the necessary extent without delay, but no later than within 7 days from the date of receipt of the request by the Customer.

 

Complaints Relating to the Provision of Electronic Services

§ 9

1. Buyers may submit Complaints to the Seller in connection with the functioning of the Store and the use of Services. Complaints may be submitted:

- in writing to the Seller's correspondence address: IQDENT Sp. z o.o., ul. Lodowa 138, 93-232 Łódź, or

- to the e-mail address: shop@iqnails.com,

- or to the telephone number +48 733 102 021.

2. In the Complaint, the Buyer should provide their first name and last name, correspondence address, and the type and description of the problem that has arisen.

3. The Seller undertakes to consider each Complaint within 14 days, and if this is not possible, to inform the Buyer within that period of when the Complaint will be considered. In the event that the Complaint is incomplete, the Seller will call upon the Buyer to supplement it to the necessary extent within 7 days from the date of receipt of the request by the Buyer.

 

Guarantees

§ 10

1. Goods may be covered by a manufacturer's, Seller's or importer's guarantee.

2. In the case of Goods covered by a guarantee, information on the existence and content of the guarantee and the period for which it has been granted is presented each time in the Goods description on the Online Store's website.

 

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

§ 11

1. A Customer who is a Consumer has, among others, the following options for using out-of-court methods of considering complaints and pursuing claims:

a) the Customer is entitled to apply to a permanent consumer arbitration court operating at the relevant Regional Inspectorate of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) with a request to resolve a dispute arising from the sales Agreement concluded;

b) the Customer is entitled to apply to the Regional Inspector of the Trade Inspection (Wojewódzki Inspektor Inspekcji Handlowej) with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller;

c) the Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also through the free assistance of the district (municipal) Consumer ombudsman or a social organisation whose statutory tasks include Consumer protection (including the Consumer Federation (Federacja Konsumentów) and the Polish Consumers Association (Stowarzyszenie Konsumentów Polskich)). Advice is provided by the Consumer Federation on the free consumer helpline 800 007 707 and by the Polish Consumers Association at the e-mail address: porady@dlaKonsumentow.pl;

d) submit their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

2. Detailed information on out-of-court methods of considering complaints and pursuing claims can be obtained by the Consumer at the website: www.uokik.gov.pl/sprawy_indywidualne.php.

3. The resolution of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the registered office of the Seller.

 

Personal Data Protection

§ 12

1. The controller of the personal data provided by Buyers is the Seller.

2. In connection with the conclusion of distance sales agreements (via the Online Store), the Seller processes the personal data of Buyers in accordance with and on the terms set out in the applicable provisions of law, in particular:

a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (OJ L 2016.119.1),

b) the Act of 10 May 2018 on the protection of personal data (consolidated text, Journal of Laws of 2019, item 1781),

c) the Act of 18 July 2002 on the provision of electronic services (Ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną) (consolidated text, Journal of Laws of 2020, item 344),

, and also in accordance with the principles described in the Privacy and Cookie Policy at https://iqnails.com/pages/privacy-policy.

3. All queries related to the processing of personal data by the Seller should be sent to shop@iqnails.com

 

Final Provisions

§ 13

1. All rights to the Online Store, including economic copyright, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logotypes, belong to the Seller, and their use may only take place in the manner specified and in accordance with the Terms and Conditions.

2. All questions and comments regarding the functioning of the Online Store may be sent to the e-mail address: shop@iqnails.com

3. Contact with the Seller takes place via:

a)      e-mail address: shop@iqnails.com;

b)      telephone number: +48 733 102 021.

4. These Terms and Conditions are continuously available on the website www.iqnails.com, in a manner that enables their acquisition, reproduction and recording of their content by printing or saving to a medium. The current version of the Terms and Conditions is available in the Terms and Conditions tab.

5. The Seller reserves the right to introduce amendments to the Terms and Conditions. In the event that amendments are made to the Terms and Conditions, they shall come into force on the date indicated in the information on the amendment to the Terms and Conditions published on the website www.iqnails.com, provided that the provisions of the Terms and Conditions in the wording in force at the time of placing the Order shall apply to Orders placed before the amendments come into force.

6. Every Buyer will be informed of any amendments to these Terms and Conditions through information on the home page of the Online Store containing a summary of the amendments and the date on which they come into force. Buyers who have an Account will additionally be informed of the amendments together with a summary of the amendments at the e-mail address indicated by them. The period before amendments come into force shall not be shorter than 30 days from the date of their announcement. In the event that a Buyer who has an Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days of being informed of the amendment to the Terms and Conditions. Notifying the Seller of non-acceptance of the new content of the Terms and Conditions results in termination of the Agreement.

7. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code (Kodeks cywilny), the provisions of the Act on the Provision of Electronic Services (Ustawa o świadczeniu usług drogą elektroniczną), the provisions of the Consumer Rights Act (Ustawa o prawach Konsumenta) and other applicable provisions of Polish law shall apply.

8. In the event of any contradiction between any provisions of the Terms and Conditions and the generally applicable provisions of law, the provisions of such law shall apply.

9. The provisions of these Terms and Conditions come into force and apply to Agreements concluded as of 1 January 2023.