Terms & Conditions

TERMS AND CONDITIONS OF THE COSMECARE ONLINE STORE

1. Definitions

Seller: Cosmetrader Sp. z o.o., ul. Obywatelska 2A, 80-259 Gdańsk, NIP: 9571152297, REGON: 523924966, registered in the register of entrepreneurs of the National Court Register KRS kept by the District Court Gdańsk – Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 0001008077

Ordering Party – may be any natural person with full legal capacity, a legal person or an organisational unit without legal personality, provided that they have an e-mail account.

Order fulfilment time – the time calculated from the moment the Store confirms acceptance of the order for fulfilment and ending at the moment the ordered goods are delivered to the Customer;

Business days – all weekdays from Monday to Friday, excluding public holidays;

Cart – an element of the Store through which the Customer specifies the details of the order, such as: quantity of products, delivery address, invoice details, delivery method and payment method.

Store – the online store available at the internet domain https://cosmecare.eu

Newsletter – an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive from the Service Provider recurring content of subsequent editions of the newsletter containing information about Products, new arrivals and promotions in the Online Store.

Order – placed by the Customer using the Order Form and aimed at concluding a Product Sales Agreement with the Seller.

Sales Agreement – a distance sales agreement concluded under the terms specified in these Terms and Conditions between the Customer and the Seller.

2. General conditions

2.1 These Terms and Conditions define the rules and conditions under which sales by Cosmetrader Sp. z o.o. will be conducted via the Internet through the website https://cosmecare.eu, hereinafter referred to as the Online Store.

2.2 Use of the Cosmecare online store is equivalent to acceptance of the terms and conditions below. Cosmetrader reserves the right to amend all or part of the following terms and conditions with or without prior notice. Each time before making purchases through the website, the current version of the Terms and Conditions should be read and reviewed. Use of the website after changes have been published is equivalent to acceptance of each such change.

2.3 Sales are carried out via the Internet under the rules applicable to distance contracts, between the Ordering Party and the Seller.

2.4 Each Ordering Party is obliged to read the Terms and Conditions before placing an order. Lack of knowledge of the Terms and Conditions does not release the Ordering Party from the obligation to comply with them.

2.5 At the moment of placing an order, the Ordering Party confirms that they are familiar with the Terms and Conditions and thereby fully accepts their provisions.

2. Protection of personal data

2.1 The Ordering Party consents to the processing by Cosmetrader Sp. z o.o. of all personal data provided by them for the purpose of fulfilling the order, or for other purposes provided for in the provisions of these Terms and Conditions.

2.2 Cosmetrader Sp. z o.o. makes every effort to secure the personal data entrusted by the Ordering Party. Information collected in this way is used solely and exclusively for the purpose of fulfilling the ordered service; the data is not made available in any way to external entities, with the exception of shipping and courier companies servicing Cosmetrader Sp. z o.o. and its Customers, as well as banks and post offices servicing Cosmetrader Sp. z o.o.; such data is necessary to carry out mail-order sales and fulfil the order.

2.3 The information collected about the Ordering Party is limited to:

a. IP address, used for technical and statistical purposes, which results from the general principles of communication on the Internet.
b. Personal data provided by the Ordering Party when placing an order, creating an account or subscribing to the newsletter, i.e.: e-mail address, first name and surname, date of birth, correspondence address, telephone number.

2.4 The account referred to in point 2.3 letter b) is used to remember the Ordering Party’s data in order to facilitate and speed up the placing of future orders.

2.5 Through the Website, the Controller enables the User to conclude an agreement for the delivery of digital content in the form of a discount on the first purchase, information about new arrivals, special offers and promotions in the Cosmecare online store, for which Materials the User does not pay any monetary fee, but provides the Controller with their personal data and consents to receiving the Newsletter.

2.6 The Ordering Party may terminate the agreement for the delivery of digital content at any time via the unsubscribe link included in each newsletter message, or by notifying the controller of such intention by e-mail or telephone.

2.7 Pursuant to the Personal Data Protection Act of 29 August 1997, Journal of Laws No. 133, item 883, as amended, the Ordering Party has the full right to access their personal data and has the right to correct, supplement, update, rectify and request the deletion of such data.

2.8 Providing personal data is necessary to carry out the purchase transaction. Providing correct data enabling contact with the Ordering Party and delivery of the order is in the Ordering Party’s interest. The Seller, Cosmetrader Sp. z o.o., shall not be liable for any consequences resulting from the provision of incorrect data.

2.9 Cosmetrader Sp. z o.o., as the Seller, reserves the right to withdraw from fulfilling the order if the Ordering Party has provided incorrect, incomplete or false data.

2.10 The Ordering Party provides their data voluntarily, fully aware that the absence of such data makes it impossible to make purchases. By making a purchase, the Ordering Party thereby consents to the processing of the provided data for the purpose and to the extent necessary for the Seller to fulfil the order.

2.11 The controller of the Ordering Party’s personal data is Cosmetrader Sp. z o.o.

3. Purchase rules

3.1 The business activity of the COSMETRADER Sp. z o.o. online store consists of selling cosmetics via the Internet.

3.2 Cosmetrader Sp. z o.o., as the Seller, takes care to ensure that product photographs published on the website reflect the actual appearance, condition and colours of the goods sold. At the same time, Cosmetrader Sp. z o.o., as the Seller, shall not be liable for differences between the actual appearance of the product and its photograph, in particular those resulting from the Ordering Party’s monitor settings.

3.3 Photographs published on the online store website are the property of Cosmetrader Sp. z o.o., the Seller, and it is prohibited to copy, process or use them in any way without the knowledge and consent of Cosmetrader Sp. z o.o., the Seller.

3.4 All prices displayed on the store website are given in Polish zloty and are gross prices.

3.5 The prices displayed on the online store website do not include shipping costs. Shipping costs, under the rules set out in point 5.2 and point 5.3, are borne by the Ordering Party.

3.6 Cosmetrader Sp. z o.o., as the Seller, issues and documents the fulfilment of the order with a fiscal receipt or VAT invoice. The condition for receiving a VAT invoice is that the Ordering Party provides correct company details of the recipient: first name and surname or company name, registered office or place of residence, and tax identification number NIP.

3.7 The agreement is concluded at the moment when Cosmetrader Sp. z o.o., the Seller, confirms the availability of the ordered product by informing the Ordering Party thereof electronically — by sending an e-mail to the e-mail account address provided by the Ordering Party — an automatic message from the store confirming acceptance of the order for fulfilment.

3.8 The Ordering Party is obliged to inform Cosmetrader Sp. z o.o., the Seller, by telephone or e-mail about any changes concerning the order and the delivery address before the shipment is dispatched. Otherwise, the order shall be fulfilled based on the data provided when placing the order.

3.9 Placing an order combined with selecting the payment type described in point 4.3 letters b, c, d shall be effective upon the crediting of the COSMETRADER Sp. z o.o. bank account with the full amount resulting from the sale price and due shipping costs.

4. Payment methods

4.1 Shipping costs depend on the value of the order, the weight of the ordered products and the payment methods specified in point 4.3.

4.2 The Ordering Party may choose the payment method.

4.3 The payment methods available in the online store are:

a. Cash on delivery – only within the territory of Poland; in the case of cash on delivery, no additional data of the Ordering Party is collected other than the data necessary to fulfil the order.
b. Payment by credit card in EUR / PLN.
c. Payment by bank transfer – payment made in advance by the Ordering Party. The order is fulfilled after the payment has been credited to the COSMETRADER Sp. z o.o. account.
d. Payments via PayU and Przelewy24 – a secure method of instant online payments.

5. Shipping costs

5.1 In accordance with the information provided during the purchase.

a. Shipping costs may change along with changes in the price lists of individual delivery service providers.
b. Personal collection is possible at the following address: Cosmetrader Sp. z o.o., ul. Obywatelska 2A, 80-259 Gdańsk, Poland.

6. Order fulfilment

6.1 Cosmetrader Sp. z o.o., as the Seller, reserves the right to refuse to fulfil an order in whole or in part if the ordered product is unavailable. Cosmetrader Sp. z o.o., the Seller, is obliged to inform the Ordering Party about such situation by sending an e-mail to the e-mail address provided by the Ordering Party.

6.2 Payment for goods by bank transfer is made to the bank account of Cosmetrader Sp. z o.o. maintained by Bank Polska Kasa Opieki Spółka Akcyjna, ul. Grzybowska 53/57, 00-844 Warszawa.
Account in PLN currency: 87 1240 1268 1111 0011 2180 4054.

6.3 Orders are fulfilled daily on business days. The maximum time required to complete the order and prepare it for shipment is 3 business days.

6.4 Orders paid by bank transfer are fulfilled no earlier than after the amount due for the sale price has been credited to the bank account of COSMETRADER Sp. z o.o.

6.5 The Seller shall not be liable for any extension of the order fulfilment time or inability to fulfil the order due to reasons beyond its control, in particular delays in the execution of banking operations or defective provision of services by the delivery provider.

6.6 The amount payable indicated on the fiscal receipt or VAT invoice consists of the gross price of the ordered items and shipping costs.

6.7 The Ordering Party has the right to choose the delivery method for the shipment. Available forms include the use of courier company services or personal collection at the company’s registered office or at a designated COSMETRADER Sp. z o.o. retail point in Poland.

6.8 The order fulfilment time depends on the time specified by the courier company.

7. Complaints and returns

7.1 All goods available in the COSMETRADER online store comply with the agreement within the meaning of Article 43b sections 1 and 2 of the Consumer Rights Act, come from a legal source, are original and have the manufacturer’s quality guarantee.

7.2 The Ordering Party has the right to withdraw from the agreement and return the ordered goods without giving a reason and without bearing costs by submitting a written Statement of Withdrawal from a distance contract within 14 (fourteen) business days from the date of receipt of the shipment. Products must be returned in intact condition, without any damage, in the original packaging. The basis for acceptance of the return by Cosmetrader Sp. z o.o., the Seller, is the fiscal receipt or VAT invoice attached to the purchase. In such case, Cosmetrader Sp. z o.o., the Seller, shall refund the Ordering Party the cost of purchasing the goods within up to 14 (fourteen) business days from acceptance of the return / returned goods and receipt of the statement of withdrawal from the sales agreement submitted by the Ordering Party, using the same payment method as used by the Ordering Party, unless the consumer has expressly agreed to another refund method that does not involve any costs for them, to the bank account number indicated by the Ordering Party.

7.3 Complaints are considered no later than within 14 (fourteen) business days from the date on which the Seller receives the shipment containing the complained-about goods.

7.4 Complaints should be submitted using the Complaint Form or by e-mail to office@cosmetrader.eu. Before sending the shipment containing the complained-about goods, please notify the Cosmetrader Sp. z o.o. unit in advance about the planned return by e-mail at: office@cosmetrader.eu, by completing the complaint form available for download at the end of these Terms and Conditions, or by telephone at 58 728 45 49, providing the exact reason, quantity of the complained-about goods and batch/series number.

7.5 The basis for accepting a complaint is the fiscal receipt or VAT invoice for the purchase of the goods, confirming fulfilment of the order, as well as a completed Complaint Form or an exact description of the situation on a sheet of paper attached to the defective goods.

7.6 The Ordering Party has the right to complain about purchased goods in the event of physical defects of the goods or non-compliance of the goods received with the agreement.

7.7 The Seller, Cosmetrader Sp. z o.o., shall not be liable for damage to goods resulting from their improper use.

7.8 Physical defects of goods should be reported by the Ordering Party without delay, no later than within 7 days from receipt of the shipment.

7.9 Complaints concerning damage to goods during transport by courier company shall be accepted only on the basis of a report / damage protocol made with an employee of the courier company at the moment of delivery of the shipment.

7.10 Colour differences between the goods received by the Ordering Party and the goods presented on the store website may result from different monitor settings and are treated as an insignificant non-compliance of the goods with the agreement, and therefore are not subject to complaint or withdrawal from the agreement.

7.11 If the complaint is accepted, damaged or defective goods shall be replaced with another full-value item. If replacement of the goods is impossible due to the stock being exhausted, the Customer may request a reduction in the price of the goods or withdraw from the agreement.

7.12 If the complaint is concluded with a decision to reduce the price or with withdrawal from the agreement by the consumer, the Seller shall refund the specified amount within 14 business days.

7.13 Returned and complained-about goods should be sent to the following address: COSMETRADER Sp. z o.o., ul. Obywatelska 2A, 80-259 Gdańsk, Poland.

7.14 Shipping costs related to the dispatch of a complaint accepted by the Seller concerning the ordered goods shall be borne by COSMETRADER Sp. z o.o.

8. Consumer reviews

8.1 The option to add reviews is available only to persons who have created an account in the Cosmecare store.

8.2 The Seller verifies reviews based on the order history in the customer’s account; if abuses are found, the reviews are removed.

9. Final provisions

8.1 Placing an order in the Cosmecare online store is equivalent to the Ordering Party’s declaration that they have read and accept the above rules for using the online store.

8.2 In matters not regulated by this agreement, the relevant provisions of Polish law shall apply, in particular the Civil Code.