Terms and conditions

www.lumineo.eu

§1. GENERAL PROVISIONS

1. The online store located at the secure, certified address lumieno.eu is run by Beata Mąkólska conducting business under the name IDEA & MARKETING Beata Mąkólska (ul. Jedności 118, 05-506 Janczewice, NIP: 123-002-55-82, REGON: 388439940) in accordance with the entry in the Central Register and Information on Business Activity.

2. The Seller, through the Online Store, conducts commercial activities in the European Union in the sale of cosmetics and body and skin care equipment.

3. In no event shall the Seller be liable for damages or losses of the Buyer or third parties that result from the use of the product contrary to its intended use or from failure to follow the Seller's applicable recommendations.

4. These Regulations define, in particular, the type and scope of services provided by the Seller, the rules of use of the Online Store, the rules for placing orders, entering into contracts, the conditions for their execution and termination, as well as the complaint procedure.

5. These Regulations apply only to the activities referred to in paragraph 2 of the Regulations, European Union.

6. The content of these Terms and Conditions is located on the website of the Online Store under the tab "Terms and Conditions" and can be recorded by the User at any time by saving or printing the page. At the request of the User, the Seller will provide the User with the content of these Regulations in the form of an electronic file.

7. Shipping orders are completed and processed by InPost Ltd.

8. Contact with the Service Office is possible from Monday to Friday from 9:00 am to 4:00 pm.

§2. TECHNICAL REQUIREMENTS

• In order to use the Online Store, the User should have:

1. A computer with access to the Internet;

2. An operating system capable of running a web browser at the recommended screen resolution of 1024x768 pixels or higher;

3. Internet browser; for the proper functioning of the Online Store, the Internet browser should accept cookies;

4. A user placing an order should additionally have an e-mail address and telephone number.

5. The user subscribing to the Newsletter should additionally have an e-mail address.

§3. DEFINITIONS

• Whenever these Regulations refer to:

1. Vendor - means Beata Mąkólska running a business under the name IDEA & MARKETING Beata Mąkólska (ul. Jedności 118, 05- 506 Janczewice, NIP: 123-002-55-82, REGON: 388439940), in accordance with the entry in the Central Register of Business Activity and Information.

2. Online Store - means the online store located at www.lumineo.eu.

3. Service Bureau - means the Seller's Service Bureau.

4. Shopping cart - means the functionality of the Online Store that allows you to place orders, select products and their quantity, indicate the method of delivery and form of payment, as well as transfer other data needed to complete the order.

5. Product card - means a sub-page of the Online Store containing information about the product along with its price.

6. User - means a natural person of full legal age, a legal person, as well as an organizational unit that is not a legal person, to which the law grants legal capacity, who uses the Online Store.

7. Registered User - means a User who has registered with the Online Store.

8. Buyer - means a User who has placed an order in the Online Store.

9. Consumer - means a natural person who makes a legal transaction with the Seller that is not directly related to his economic or professional activity.

10. Subscriber - means a User who has voluntarily agreed to receive the Newsletter.

11. Newsletter - means a free newsletter of the Online Store, which the Subscriber receives periodically via e-mail.

§4. CONTENT OF THE ONLINE STORE

1. All products offered in the Online Store are brand new, free of physical and legal defects, within the expiration date, and have been introduced in accordance with applicable regulations into the market of the Republic of Poland.

2. Appearance, product features and characteristics are given on the product sheet.

3. The prices given in the Online Store are expressed in Polish zloty and are gross prices.

4. The price of the product, unless otherwise stipulated in the product description, does not include the shipping cost, which is borne by the Buyer. The shipping cost is indicated on the product card, and in addition, the shopping cart informs the User about the shipping cost for the order being placed.

5. The prices of goods shown in the Online Store are valid only for placing an order via the Online Store.

6. The binding and final price is the price of the product stated at the time of placing the order by the User.

7. Information on the total value of the order is located in the Cart, after the User indicates the selected products with their quantity, as well as after choosing the method of delivery and form of payment, and before confirming the order.

8. A limited number of goods are intended for promotional sales and sales. Orders are fulfilled according to the order of receipt of confirmed orders, until the stocks covered by the promotion or sale are exhausted.

9. Promotions valid in the Online Store are not cumulative.

§5. REGISTRATION AND LOGIN TO THE ONLINE STORE

1. Registration in the Online Store is voluntary and free of charge. A user may place an order without user registration in the Online Store.

2. Registration is made by providing: first and last name; street with house or apartment number, as well as postal code, city and e- mail address; telephone number, and select login and password. The user may indicate a separate address for delivery of the order.

3. A user who registers in connection with his or her business additionally provides the name of the company under which he or she operates and the Tax Identification Number.

4. The user who registers, by checking the appropriate boxes on the form, accepts these Regulations and agrees to the Seller's processing of his personal data for the purpose of the User's use of the administrative panel of the Registered User, placing orders by the User and their execution by the Seller.

5. By registering, the User may additionally agree to receive the Newsletter.

6. A registered User may log in to the Online Store by entering his/her chosen login and password in the appropriate fields of the login form.

7. It is recommended that the Registered User keep the login and password confidential in a way that prevents unauthorized persons from learning them.

8. After logging into the administrative panel of the Registered User, you can modify the data indicated above at any time, as well as delete the account completely. Deletion of the account does not involve any fees.

§6. PLACING AN ORDER AND CONCLUDING A CONTRACT

1. Users can place orders through the Online Store 24 hours a day, 7 days a week.

2. An order is placed by indicating the product in which the User is interested by clicking on the ADD TO CART button located on the product card. Then, proceeding to the shopping cart, the User selects the form of delivery and method of payment, gives any comments on the order being placed, indicates the data necessary for issuing a bill or invoice, address data for delivery of the order and confirms the placement of the order.

3. By placing an order, the User, by checking the appropriate boxes on the form, accepts these Regulations and consents to the processing of his personal data by the Seller for the purpose of placing and fulfilling the order.

4. The User can place an order after logging in the Registered User panel or without registration and without logging in the User.

5. In order to place an order, the User provides the Seller with the following data: name and surname; street address with house or apartment number, as well as postal code and city, e-mail address, telephone number and also indicates: the selected product or products with specifying their quantity; the selected form of payment; the selected method of delivery. The user may indicate a separate address for delivery of the order.

6. A user making a purchase in connection with his business additionally provides the name of the company under which he operates and the Tax Identification Number.

7. The user can provide additional comments on the order being placed.

8. After placing an order, the Buyer receives, via e-mail, a message stating that the order has reached the Seller.

9. The conclusion of the contract between the Seller and the Buyer takes place when the Seller receives a message from the Buyer confirming the order.

10. The contract is concluded in the Polish language.

11. After the conclusion of the contract, the buyer receives confirmation of its conclusion along with confirmation of its terms.

12. The buyer shall bear the cost of transportation, as stated herein.

13. Orders are delivered to the address indicated in the order by the User.

§7. ORDER MODIFICATION AND CORRECTION OF ERRONEOUS DATA

1. Changes, correction of incorrect data in the order, as well as cancellation of the order can be made by the Buyer until the order is sent to the Buyer.

2. The above actions can be performed independently in the administrative panel of the Registered User or by contacting the Service Desk by phone or e-mail.

§8. ORDER EXECUTION

1. The order processing time is up to 7 working days. Order processing time is understood as the period from the moment of placing a complete order, and - if the Buyer chooses one of the forms of prepaid payment - duly paid, to the moment of issuing the products covered by the order to the company providing transport services to the Seller (dispatch of the order by the Seller). Orders are processed and shipped from Monday to Friday, excluding public holidays.

2. When the lead time for individual products varies, the longer time counts for the total order. A user who cares to receive products with shorter lead times sooner may place separate orders as to individual products.

3. In the event of delays in the processing of the order, the Seller shall inform the Buyer by e-mail or telephone, stating the expected date of completion of the order, along with the reason for the delay.

4. The ordered goods are delivered by InPost S.A. or other entrepreneurs providing transportation services. The goods are delivered from Monday to Friday, excluding public holidays. Approximate delivery time for domestic shipments is up to 3 business days after shipment.

5. In case of delays in delivery, please contact the Service Desk. The seller will check the reason for the delay and also inform the buyer of the expected delivery date.

6. In case of delays, both in execution and delivery, the Buyer is entitled to withdraw from the concluded contract. Reimbursement of fulfilled services shall be made immediately.

7. If there is a separate warranty for the goods - information about this can be found on the product card.

8. Each product comes with an instruction manual, as well as a VAT invoice.

§9. FORMS OF PAYMENT

The buyer pays for the goods using automatic payment systems - the shipment is sent after receiving confirmation from the payment operator that the payment has been made.

§10. METHODS OF DELIVERY

1. Orders are delivered via InPost S.A. or other transport service providers.

2. The cost of domestic shipping depends on the method of delivery, the weight of the package, as well as the possible payment on delivery.

3. The buyer is informed of the total shipping cost when placing the order

4. The buyer has the opportunity to check in the presence of the person delivering the shipment the contents of the package for damage during transport. If the buyer finds such damage, please make a complaint report in the presence of the person delivering the shipment.

§11. RETURN OF GOODS (WITHDRAWAL FROM THE CONTRACT)

1. A consumer who has entered into a remote or off-premises contract with the Seller may withdraw from the contract within 14 days without stating a reason and without incurring costs.

2. The period for withdrawal from the contract begins for the contract in the performance of which the Seller delivers the thing, being obliged to transfer its ownership - from the taking of possession of the thing by the Consumer or the person designated by him/her third party other than the carrier, and in the case of a contract that includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part.

3. The period for withdrawal from the contract begins for the contract in the performance of which the Seller delivers the thing, being obliged to transfer its ownership - from the taking of possession of the thing by the Consumer or a third party other than the carrier designated by the Consumer, and in the case of a contract that involves the regular delivery of things for a fixed period - from the taking of possession of the first of the things.

4. The period for withdrawal for other contracts begins from the date of conclusion of the contract.

5. To meet the deadline it is sufficient to send the statement before its expiration.

6. The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The statement can be made on the form, the model of which is attached as Appendix No. 1 to the Regulations.

7. In addition, the Seller provides the possibility to submit a statement of withdrawal from the contract electronically. In this case, the Consumer may also withdraw from the contract: using the model withdrawal form, attached as Appendix 1 to the Regulations, or by submitting a statement on the Seller's website.

8. In the event of withdrawal from the contract, the contract is considered not concluded. If the Consumer has made a declaration of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.

9. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivering the item.

10. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of refund that does not incur any costs for the Consumer.

11. If the Seller has not offered to collect the item from the Consumer himself, the Seller may withhold the refund of the payment received from the Consumer until he receives the item back or the Consumer provides proof of its return, whichever event occurs first.

12. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.

13. The consumer is obliged to return the item to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline it is sufficient to return the item before its expiration.

14. The Consumer shall bear only the direct costs of returning the thing. If the contract was concluded off-premises and the thing was delivered to the Consumer to the place where he resided at the time of the conclusion of the contract, the Seller is obliged to collect the thing at his own expense, when due to the nature of the thing it cannot be sent back in the usual way by mail.

15. The Consumer shall be liable for the diminution in value of the thing resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functioning of the thing, unless the Seller has not informed the Consumer of the right to withdraw from the c o n t r a c t i n accordance with the requirements on how and when to exercise the right of withdrawal, as well as the model withdrawal form.

16. At the time of withdrawal by the Consumer from a contract concluded at a distance or off-premises, the related ancillary contracts concluded by the Consumer shall expire, if based on them the performance is provided by the Seller or a third party under an agreement with the Seller. The Consumer shall not bear the costs associated with the expiration of these contracts. If the ancillary contract was concluded with a third party, the Seller shall inform the third party of the Consumer's withdrawal from the contract.

17. The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the Consumer for contracts:

    1. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract

    2. 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 contract

    3. in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the Consumer or serving to meet his individualized needs

    4. in which the subject of the performance is an item that is perishable or has a short shelf life

    5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery

    6. in which the subject of performance are things which, after delivery, due to their nature, are inseparably combined with other things

    7. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control

    8. in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides things other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the Consumer with respect to additional services or things

    9. in which the subject of performance are sound or visual recordings or computer programs, whose author is the Seller, delivered by mail or in sealed packaging, if the packaging has been opened after delivery, or read

    10. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract

    11. concluded through a public auction

    12. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision

    13. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

§12. COMPLAINTS (NON-COMPLIANCE OF GOODS WITH THE CONTRACT)

1. The seller is liable to the buyer if the sold thing has a physical or legal defect (warranty).

2. If the Buyer is a Consumer, the public assurances of the manufacturer or its representative, a person who places the thing on the market within the scope of his business, and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, shall be treated equally with the Seller's assurances.

3. The sold thing has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Buyer who followed the instructions received from the Seller.

4. If the Buyer is a Consumer, and the physical defect is discovered before the expiration of one year from the date of delivery of the sold thing, the defect or its cause is presumed to have existed at the time when the danger passed to the Buyer.

5. The seller is liable to the buyer if the sold thing is the property of a third party, or if it is encumbered with a right of a third party, and if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority; in the case of a sale of a right, the seller is also liable for the existence of the right (legal defect).

6. The seller is liable under warranty for physical defects that existed at the time when the danger passed to the buyer or arose from a cause inherent in the sold thing at the same time.

7. If the sold thing has a defect, the Buyer may make a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without undue inconvenience for the Buyer will replace the defective thing with a defect-free one or remove the defect. This limitation does not apply if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free or remove the defect.

8. If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared with the manner proposed by the Seller. In assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Buyer.

9. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.

10. The buyer may not withdraw from the contract if the defect is insignificant.

11. If the sold thing has a defect, the Buyer may demand replacement of the thing with a defect-free one or removal of the defect. The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Buyer.

12. The Seller may refuse to satisfy the Buyer's request if bringing the defective thing to conformity with the contract in the manner chosen by the Buyer is impossible or, compared with the other possible way of bringing it to conformity with the contract, would require excessive costs. If the Buyer is an entrepreneur, the Seller may refuse to replace the item with a defect-free item or remove the defect also if the cost of satisfying this obligation exceeds the price of the sold item.

13. The seller is liable under the warranty if a physical defect is discovered before the expiration of two years. A claim for removal of a defect or replacement of a sold item with a defect-free item shall be time-barred one year from the date of discovery of the defect. If the buyer is a consumer, the running of the statute of limitations cannot end before the expiration of the period specified above.

14. Within the time limits specified above, the Buyer may submit a statement of withdrawal from the contract or reduction of the price due to a defect in the sold thing. If the Buyer has demanded replacement of the item with a defect-free one or removal of the defect, the time limit for submitting a statement on withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the item or removal of the defect expires without effect.

15. The expiration of the time limit for the discovery of a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.

16. If the shelf life of an item specified by the Seller or the manufacturer ends after two years from the date of issue of the item to the Buyer, the Seller shall be liable under the warranty for physical defects of the item found before the expiration of this period.

17. A physical defect consists in the non-conformity of the sold thing with the contract. In particular, the thing sold is not in conformity with the contract if

    1. does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or intended use

    2. does not have the properties of which the Seller assured the Buyer, including by presenting a sample or model

    3. is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose

    4. was delivered to the Buyer in an incomplete condition.

§13. WARRANTY

1. Notwithstanding any other rights under generally applicable laws, some products offered in the Online Store have a 12-month warranty from the manufacturer, importer or Seller. Information about this can be found on the Product Card.

2. The buyer may assert warranty rights directly from the guarantor or through the Seller.

3. In the case of assertion of warranty rights through the Seller, please contact the Service Office by letter, phone or e-mail.

§14. NEWSLETTER

1. The user has the opportunity to subscribe to the Online Store Newsletter.

2. The User will receive the Newsletter electronically at the e-mail address provided by him/her, if he/she voluntarily accepts these Terms and Conditions and agrees for the Online Store to provide him/her with correspondence by electronic means and additional consent for the processing of personal data for the purpose of providing the Newsletter.

3. The subscriber may unsubscribe from the Newsletter at any time. To do so, please contact the Service Desk.

§15. PERSONAL DATA PROTECTION

1. The administrator of the Personal Data is the Seller.

2. Provision of personal data by the User in the Online Store is voluntary, however, lack of consent to their processing prevents registration in the Online Store, placing an order, as well as receiving the Newsletter.

3. In order to implement the orders placed, personal data may be transferred to third parties with whom the Seller is bound by relevant contracts, and with the help of which the Seller implements the order. This applies in particular to InPost S.A. and other entrepreneurs providing transportation services.

4. Personal data are protected in accordance with the Law of August 29, 1997 on the Protection of Personal Data (consolidated text, Journal of Laws of 2002, No. 101, item 926, as amended).

5. The user has the right to inspect their data, to request updates, corrections, as well as deletion.

§16. FINAL PROVISIONS

1. All provisions of the Regulations are to be read and interpreted to the extent permitted by applicable law.

2. These Regulations do not affect the other rights of the Consumer under applicable law.

3. Pursuant to the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), it is prohibited for the User to provide content of an unlawful nature.

4. In matters not regulated in the Regulations, the relevant provisions of the law shall apply, in particular the provisions of the Act of April 23, 1964. - Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended) and the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item 827).

5. Product names, as well as brands and logos displayed on the website of the Online Store are used for identification or information purposes and may be protected or reserved under applicable laws. The Seller does not attribute their ownership, authorship or infringe them in any way.

6. Some photos, graphic elements and code fragments used for the purposes of the Online Store are the property of others and/or are reserved by their owners under applicable laws. The Seller does not attribute their ownership, authorship or infringe them in any way.

7. Subject to paragraphs 5 and 6, this Online Store is the property of the Seller and is subject to protection in accordance with the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 1994 No. 24, item 83, as amended), as well as the Act of April 23, 2004. Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended). It is forbidden to copy, process and use the entire Online Store, its elements, information, texts, photos or other graphic elements for commercial purposes without the express consent of the Seller.

8. These Regulations are effective as of 01.05.2021.

9. Any amendments to the Rules and Regulations, upon fulfillment of other conditions required by law, shall become effective 7 days after their publication on the Online Store website. Amendments to the Regulations apply only to legal relations arising after the entry into force of these changes, and, in particular, orders placed before the entry into force of the changes in question, are carried out under the existing rules. Notwithstanding the above, a User who does not agree with the changes may, at any time, free of charge, delete the account of a Registered User, as well as free of charge resign from receiving the Newsletter.