Terms & Conditions of Purchase
StarLash Sp. z o.o.
1. [General information]
- Online shop at: http://www.starlash.pl sales goods in the territory of the Republic of Poland and abroad.
- Using this online shop requires acceptance of this Regulation via website and a separate consent to personal data processing.
The terms used in the Regulations shall have the following meaning:
- Seller – Starlash limited liability company
- Shop – online service operated by the Seller at: https://www.starlash.pl
- Customer – a natural person, a legal person or an organizational unit that is not a legal person, to whom specific legal provisions grant (at least limited) legal capacity and who places orders in the Shop.
- Consumer – natural person who completes a legal transaction with the Seller (purchase of goods), not related directly to their economic or professional activity.
- Goods – products offered by the Seller in the Shop and presented at the Shop’s website.
- Price – price of the Goods along with the applicable value-added tax (VAT), presented next to Goods specifications, without the delivery cost.
- Sales Contract – contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer.
- Delivery cost – cost related to delivery of Goods ordered in the Shop to the address indicated by the Customer.
- Order – an order to buy the Goods for the Price, placed by the Customer using mechanisms available on the Shop’s website, in accordance with these Regulations.
- By registering or placing an order in the Shop, the Customer agrees to having their personal data processed, retaining the right to access, change and remove the data from the database.
- Personal data provided by the Shop’s Customers are processed by […], being the Administrator of the data.
- Personal data provided will be used only for the following purposes:
- execution of the agreement,
- if the Customer expressly agrees, to inform of new Goods, services and promotions offered by the Shop; Order completion is not conditional on this consent.
- The Seller complies with provisions of the Act on personal data protection of 29 August 1997 and the Act on provision of services by electronic means of 18 July 2002. Customers’ personal data and their e-mail addresses shall not be revealed to any third parties, with the exception of companies acting as intermediary in processing payments or delivery, as well as entities providing marketing services to the Seller (if the Customer should expressly consent to receive commercial information).
- Personal data provided are stored and protected in accordance with guidelines provided for in applicable regulations.
- Every Customer has the right to control their personal data being processed, stored in databases, and to gain access to the data in order to correct or remove it. Every Customer who registered on the website has access to their data and the possibility to change or remove it. Access, changes and removal of the data are possible upon logging in to the user account. Upon user’s request, change or removal of data shall be carried out by the Administrator via system administration panel.
4. [Descriptions and pictures of Goods]
- All information concerning the goods, including catalogues, folders, brochures, and other information or advertising materials, as well as information presented on the website, shall not constitute an offer within the meaning of law regulations, and constitute only a proposition to offer placement. The Customer, by completing the Order form using tools available on the Shop’s website, places a purchase offer to purchase specific Goods, in compliance with conditions provided for in the description of the Goods.
- The Seller shall endeavor to make all pictures, descriptions and technical data of the Goods presented at the Shop reflect the reality as accurately as possible.
- All prices presented at the Shop are expressed in PLN and include VAT. Prices presented do not include Delivery cost. The order value presented at the shop includes the price plus Delivery cost of the Goods.
- All prices presented at the online shop are binding only upon placement of the order in the online shop, at the moment of order placement.
- The Shop reserves the right to change the Price of the Goods, introduce new Goods to the Shop’s offer, and to announce, change, and cancel promotions on the Shop’s website. Execution of this right does not affect orders placed before the introduction of those changes.
- The Shop may issue vouchers for the Goods offered at the Shop, and send them to the Customers via e-mail.
- Vouchers can be used repeatedly, they are valid only for the time specified on the voucher, and cannot be used together with other discounts. Vouchers may exclude certain Goods.
- The value of the voucher must not be used as payment for Goods purchased by other Customers.
- If a Customer places an Order for the purchase of Goods for the price that is lower than the value of the voucher, the difference between amounts shall not be reimbursed.
- The value of the voucher carries no interest and does not have monetary value, therefore it cannot be exchanged for money.
- If the value of the voucher does not cover the full price of the Order, the Customer may pay the difference using other methods of payment.
- Certain vouchers may carry restrictions: minimum or maximum order value.
- Online shop accepts orders placed using the form available at the website: the “cart”.
- The order is valid provided that the form/”cart” at the website is properly filled. When placing an order, the Customer must provide:
- name, color, size and amount of the Goods,
- first and last name of the Customer or the recipient,
- exact delivery address,
- telephone number,
- Customer’s e-mail address.
- Orders may be placed 24 hrs a day, 7 days a week.
- Acceptance of the Order is confirmed by the Seller via e-mail to the e-mail address provided by the Customer, within 3 business days from the day of order placement. Along with the confirmation, the Customer will be sent, in the form of a digital file, the confirmation of agreement conclusion and its provisions, as well as the model of complaint and withdrawal forms.
- Information provided by the Seller concerning Order reception, as a consequence of the Order placed by the Customer, sent via e-mail, is equivalent to conclusion of a sales agreement binding both parties to the transaction.
- The Seller issues a document confirming the sale. A receipt or a VAT invoice (as indicated by the Customer) is enclosed to all the Goods sold. If a Customer expressly requires a VAT invoice, they shall provide all data necessary to properly issue such an invoice in the order form or in an e-mail.
- The Seller reserves the right to withdraw from completion of the Order received, if and when the price of the Goods and delivery costs are not paid within 3 business days from the date of notification of Order reception to the Customer.
- From the moment of order placement to the moment of dispatch of the Goods to the Customer, the Customer may cancel or change the Order or the data necessary to issue the invoice. Cancellation or change to the Order shall be notified via e-mail. From the moment of dispatch of the Goods, the Customer may not cancel or change the Order or the data necessary to issue the invoice. The conditions provided for above do not affect any rights to return of the Goods provided for in § 9.
- Order completion commences upon payment of the price of the Goods and the Delivery costs to the bank account of the Seller.
7. [Payment methods]
- Payment for the Goods and the Delivery cost should be made by the Customer via bank transfer to the Seller’s bank account.
- Payment for the Goods and the Delivery cost can be made by the Customer via payment services:
- When paying for the Goods, the Customer may use the voucher by entering its code to the appropriate field on the website and by clicking “Use voucher” [“Zastosuj kupon”].
- The Seller shall carry out shipment of Goods in the territory of the Republic of Poland and abroad, in accordance with orders placed, using parcel service or services of Poczta Polska S.A [Polish Post]. Specific conditions of deliveries are provided for in the regulations of parcel service companies and Poczta Polska S.A., available on websites of the said companies.
- Dispatch of the items ordered to the Customer is equivalent to order completion, and delivery of the Goods determines the settlement of transaction with the Customer.
- The estimated date of order completion is max. 2 business days from the day of acceptance of the order. If the Goods ordered are not available at the date indicated on the order acceptance, the Seller will immediately inform the Customer of the new estimated delivery date and the possibility of Customer’s withdrawal from the agreement.
- The Seller shall not assume any responsibility if and when the Goods are not delivered due to erroneous or imprecise address details provided by the Customer. Resending the Goods after reception of the returned parcel by the Seller is possible upon payment of the second delivery cost and reimbursement of the cost related to delivery of the returned parcel. The same provisions apply if and when the Customer does not receive the parcel in time and the delivery is sent back.
9. [Returning the Goods]
- Pursuant to Art. 27 of the Act of 30 May 2014 on consumer rights, the Customer being a Consumer has the right to withdraw from the sales agreement within 14 days from reception of the item by the consumer or third party indicated by the consumer other than the carrier; in the case of agreements concerning several items delivered separately or in parts – from reception of the last item or part thereof. Sending the statement concerning the withdrawal before elapsing of this 14-day period is sufficient to retain it.
- In order to withdraw from the agreement, the Customer may use the withdrawal form and send the form by post to the address of the Seller:
- The Customer should return the item to the Seller or deliver it to a person authorized by the Seller to its reception immediately, but not later than 14 days from the day of withdrawal, unless the Seller proposes that they receive the item themselves. Sending the item before elapsing of this 14-day period is sufficient to retain the period.
- When returning the Goods, the Customer should send it to the address of the Seller:
- The returned Goods should be packed so as to ensure safe transport; the Goods should be complete.
- All amounts paid by the Customer shall be reimbursed immediately upon reception of the returned Goods and confirmation of validity of the return, not later than 14 days from the reception of the withdrawal statement. The Seller may delay the reimbursement until the reception of the Goods or delivery by the Customer of the proof of it being sent back, whichever occurs earlier.
- Reimbursement of payment will be made using the same payment method as the one used by the Customer, unless the Customer indicates a different account number in the withdrawal statement.
- In case of return of the Goods, the Customer bears the cost of their transport to the Seller.
- If the Customer decides to return the Goods in accordance with this paragraph, the sales agreement becomes null and void; if a VAT invoice has been issued, a correction invoice will be sent to the Customer along with the purchase document.
- The Customer is not entitled to withdraw from the distance agreement if and when:
- the subject matter of the order is a non-prefabricated item, manufactured in accordance with Customer’s specifications or created to satisfy the Customer’s individual needs;
- the subject matter of the order is an item delivered in a sealed package that cannot be returned after opening for health or safety reasons, if the package has been opened upon delivery;
- the subject matter of the order are items that, due to their nature, become inextricably connected to other items;
- the Goods delivered have short expiration period or deteriorate rapidly.
- The Seller assumes all responsibility for nonconformity of the Goods with the agreement (material or legal defects of the Goods) in accordance with applicable law provisions – Act of 23 April 1964, Civil Code – action on a warranty for defects of
an item being sold, i.e. Art. 556 et seq.
- In order to efficiently execute Customer’s rights provided for in the Regulations stemming from regulations mentioned in sec. 1, the Customer may file a complaint concerning the Goods delivered in accordance with provisions of the Regulations, if
the Customer finds defects in the Goods.
- The Regulations do not apply to the execution of Customer’s rights related to guarantee for the Goods provided by the manufacturer or distributor. In such case, the Customer should follow the guidelines provided in the warranty card and applicable
regulations, including the provisions of the Civil Code concerning the warranty. When commencing the complaint procedure, the Customer should attach the original or a copy of the warranty if it has been attached to the Goods upon purchase.
- In order to file the complaint, the Customer may use the complaint form that should be sent by post to the Seller’s address:
- The complaint form should contain the following information:
- First and last name (or company name) of the Customer,
- Customer’s address or registered office,
- Other contact details of the Customer, in particular: e-mail address, telephone number,
- Data identifying the agreement (number or other identification of the agreement, e.g. receipt or invoice number, date of conclusion of the agreement, name of the Goods, number of pieces purchased, etc.),
- Reason for complaint, including description of defects allowing to process the complaint properly,
- Suggested method of complaint handling (replacing the Goods with goods free of defects, removal of defects, discount, or withdrawal from the sales agreement) and, if necessary, Customer’s bank account number.
- The complaint should be accompanied by the proof of purchase of the Goods subject to complaint, e.g. the receipt issued by the Seller or the VAT invoice.
- The complaint, if possible, should be accompanied by pictures of the Goods purchased, including pictures of the defects, as well as by other documents significant for proper and efficient complaint processing.
- If the Customer’s complaint does not contain any of the abovementioned elements or attachments, the Seller may contact the Customer to request that the necessary documents are sent immediately, in particular in cases in which missing documents prevent
the Seller from processing the complaint.
- In order to duly process the complaint, the Seller may contact the Customer by telephone or e-mail.
- If, in order for the Seller to process the Customer’s complaint or for the Customer to benefit from their rights related to complaint, it is necessary that the Customer send the Goods back to the Seller,
the Customer may be requested by the Seller to deliver the Goods at the Seller’s expense, to the address provided by the Seller. If, however, due to the nature of the defect, nature of the Goods or the method of its installation, the delivery
of the Goods by the Customer is impossible or excessively difficult, the Customer is responsible for allowing the Seller to access to the Goods in the place in which the Goods are stored.
- The Goods sent in relation to complaint should be packed so as to ensure their safe transport.
- The Seller will process the complaint within 14 days from the date of its reception. The result of complaint processing will be notified by the Seller to the Customer in writing.
- Complaint processing and the Seller’s decision concerning its result is taken on the basis of guidelines provided in law regulations, in particular the Civil Code provisions concerning action on warranty.
- If the result of the complaint procedure is positive, the Seller shall replace the Goods subject to complaint with Goods free of defects, or shall remove the defect, in accordance with Customer’s request, unless restoring the conformity with the agreement
in accordance with Customer’s request is impossible or excessively expensive.
- The replaced or repaired Goods will be delivered to the Customer immediately, in a manner, time, and to a place approved by the Customer.
- The Seller shall notify the Customer if replacement of Goods with goods free of defects is impossible. The Customer retains the right to withdraw from the agreement or to request a discount on the price of the Goods subject to complaint.
- If the Customer submits a withdrawal statement or requests a discount for the Goods subject to complaint in accordance with conditions other than those provided in sec. 16, the Seller may instead, in compliance with Art. 560 § 1 of the C.C., immediately
and without excessive inconvenience to the Customer, replace the Goods bearing defects with Goods free of defects, or remove the defect, unless the Goods have already been replaced or repaired by the Seller or the Seller has not complied with
the obligation to replace the Goods with goods free of defects or to remove the defect.
- If the Customer effectively benefits from the right to withdraw from the agreement, the Customer shall deliver the Goods purchased to the Seller in a manner, time and to a place approved by the Customer.
- If the Customer effectively benefits from the right to request a discount of the price of the Goods subject to complaint, the Seller shall reimburse to the Customer the difference between prices in proportion in which the value of the Goods with defects
are to the value of the Goods free of defects.
- The Seller shall reimburse the Customer all reasonable and duly documented expenses related to execution of Customer’s rights arising from complaint submission.
- The costs provided for in sec. 1 include the cost of delivery of the Goods subject to complaint to the Seller, if the delivery is made in accordance with provisions of these Regulations.
- The reimbursement of the purchase price or the difference, along with other costs, in accordance with these Regulations, will be made not later than within 14 days from the day of positive complaint processing.
- The reimbursement of amounts paid will be made using the same payment method as the one used by the Customer, unless the Customer provides a different bank account number.
- If a complaint is declared unfounded, in particular if the Seller does not find any defects or prove that the defect has been known to the Customer upon purchase of the Goods, or if the Customer does not complete the complaint so as to allow the Seller
to process it properly, the Seller shall inform the Customer of the negative result of the complaint.
11. [Final provisions]
- In matters not provided for in these regulations, provisions of the Civil Code and other acts shall apply; as concerns consumers, provisions of the Act of 30 May 2014 on consumer rights shall also apply.
- Specific actions related to online shopping services, not provided for in these Regulations, are described in different sections of the website and constitute a part of these Regulations.
- All Goods offered by the Shop are brand new, subject to warranty, and free of defects upon their delivery to the Customer.
- These Regulations shall become effective upon their placement on the shop’s website: […] and shall remain effective indefinitely.
- The Seller is entitled to introduce changes to the Regulations.
- Changes provided for in sec. 5 do not concern orders placed by the Customer, completed in accordance with conditions and Regulations in their form accepted by the Customer before the conclusion of the Sales Agreement.
- Information on security risks concerning data related to electronic services can be found in the Information concerning security risks tab.
- Notwithstanding any other rights, in case of a dispute with the Seller, the Customer being a consumer may file a request of settlement to the consumer arbitration court or to a mediator. Examples of entities settling disputes may be found on the website of the Office of Competition and Consumer Protection [Urząd Ochrony Konkurencji i Konsumentów]: https://uokik.gov.pl/wazne_adresy.php.