Terms and conditions of the agreement

The conclusion of a contract between the Buyer and the Seller may take place in two ways. The Buyer has the right to negotiate all provisions of the contract with the Seller before placing an order, including those changing the provisions of the following regulations. These negotiations should be conducted in writing and sent to the Seller’s address (Kiwi nails sp zoo Waly Piastowskie 1, 1508 80-855, Gdańsk). If the Buyer decides not to conclude the agreement through individual negotiations, the following terms and conditions and applicable laws shall apply.

REGULAMIN

§1 Definitions

Postal address – first and last name or name of institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code, and town.
- Complaints address:
  Waly Piastowskie 1, 1508, 80-855, Gdansk
- Сontact details:
  Kateryna Vorontsova
- telefon: +48795716066
Proof of purchase – invoice, bill, or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended, and other applicable laws.
Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
Civil Code – the Civil Code Act of April 23, 1964, as amended.
Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer – an adult natural person with full legal capacity who makes a purchase from the Seller that is not directly related to their business or professional activity.
Shopping cart – a list of products compiled from the products offered in the store based on the Buyer’s selections.
Buyer – both Consumer and Customer.
Place of delivery – postal address or collection point specified by the Buyer in the order.
The moment of delivery – the moment when the Buyer or a third party designated by the Buyer takes possession of the item.
Consumer law – Consumer Rights Act of May 30, 2014
Product – the minimum and indivisible quantity of items that can be ordered, which is specified in the Seller’s store as a unit of measurement when determining its price (price/unit).
Subject matter of the contract – products and delivery covered by the contract
Subject of performance – subject of the agreement
Collection point – a place where items are delivered that is not a postal address, listed in the list provided by the Seller in the store.
Thing – a movable object that may be or is the subject of a contract
Store – an online service available at https://nail-academy.pl, through which the Buyer can place an order.
Seller: Kateryna Vorontsova “Kiwi”, Waly Piastowskie 1, 1508, 80-855, Gdańsk, NIP: 5833187120 REGON: 383953884
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 terminal equipment appropriate for a given type of network, commonly referred to as the Internet.
Agreement – an agreement concluded outside the business premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code of April 23, 1964, in the case of Buyers.
Defect – both physical and legal defects
Physical defect – non-compliance of the sold item with the contract, in particular if the item: a. does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
b. does not have the properties that the Seller assured the Consumer it had,
c. is not suitable for the purpose which the Consumer informed the Seller about when concluding the contract, and the Seller did not raise any objections as to such purpose;
d. was delivered to the Consumer in an incomplete state;
e. in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
f. it does not have the properties assured by the manufacturer or its representative or the person who markets the item within the scope of their business activity and the person who, by placing their name, trademark, or other distinguishing mark on the item sold, presents themselves as the manufacturer, unless the Seller was not aware of these assurances and, judging reasonably, could not have known them, or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.Physical defect – non-compliance of the sold item with the contract, in particular if the item: a. does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
b. does not have the properties that the Seller assured the Consumer it had,
c. is not suitable for the purpose which the Consumer informed the Seller about when concluding the contract, and the Seller did not raise any objections as to such purpose;
d. was delivered to the Consumer in an incomplete state;
e. in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
f. it does not have the properties assured by the manufacturer or its representative or the person who markets the item within the scope of their business activity and the person who, by placing their name, trademark, or other distinguishing mark on the item sold, presents themselves as the manufacturer, unless the Seller was not aware of these assurances and, judging reasonably, could not have known them, or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Legal defect – a situation where the item sold is owned by a third party or is encumbered by a third party’s right, as well as when the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
Order – a declaration of intent by the Buyer submitted via the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery; the Buyer’s details, and aimed directly at concluding a contract between the Buyer and the Seller.

§2 General terms and conditions

The agreement is concluded in Polish, in accordance with Polish law and these terms and conditions.
The place of delivery must be within the European Union.
The seller is obliged and undertakes to provide services and deliver goods free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices. Product prices do not include delivery costs, which are specified in the delivery price list.
All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e. a deadline specified in days ends on the last day, and if the start of a deadline specified in days is a specific event, the day on which that event occurred is not included in the calculation of the deadline.
Confirmation, disclosure, recording, and securing of all relevant provisions of the agreement in order to obtain access to this information in the future shall take the form of: a. confirmation of the order by sending the following to the specified e-mail address: the order, pro forma invoice, information on the right to withdraw from the contract, these terms and conditions in pdf format, a model withdrawal form in pdf format, links to download the terms and conditions and the model withdrawal form;
b. attachment to the completed order, sent to the indicated place of delivery of the printed items: proof of purchase, information on the right to withdraw from the contract, these terms and conditions, a model withdrawal form.Confirmation, disclosure, recording, and securing of all relevant provisions of the agreement in order to obtain access to this information in the future shall take the form of: a. confirmation of the order by sending the following to the specified e-mail address: the order, pro forma invoice, information on the right to withdraw from the contract, these terms and conditions in pdf format, a model withdrawal form in pdf format, links to download the terms and conditions and the model withdrawal form;
b. attachment to the completed order, sent to the indicated place of delivery of the printed items: proof of purchase, information on the right to withdraw from the contract, these terms and conditions, a model withdrawal form.
The seller provides information about any warranties granted by third parties for products available in the store that are known to them.
The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the agreement concluded with a third party providing him with a specific service enabling distance communication.
The Seller guarantees the Buyer using the system that the store will function correctly in the following browsers: Firefox version 3 or newer, Chrome version 10 or newer with the latest versions of Java and Flash installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: FireFox, Chrome may affect the correct display of the store, therefore, in order to obtain the full functionality of the store https://nail-academy.pl, you should disable them all.
The Buyer may use the option of saving their data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer may view, correct, update their data, and delete their account in the store at any time.
The seller complies with the code of good practice.

§3 Conclusion of the contract and performance

Orders can be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated multiple times: a. add the product to the cart,
b. indicate the delivery address and billing address,
c. select the delivery method,
d. select the payment method,
e. placing an order in the store by using the “Confirm order” button.In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated multiple times: a. add the product to the cart,
b. indicate the delivery address and billing address,
c. select the delivery method,
d. select the payment method,
e. placing an order in the store by using the “Confirm order” button.
The contract with the Consumer is concluded at the moment of placing the order.
The Consumer’s order paid for by cash on delivery is processed immediately, and orders paid by bank transfer or via an electronic payment system are processed after the Consumer’s payment is credited to the Seller’s account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the obligation through no fault of their own and informed the Seller thereof.
The contract with the Customer is concluded upon acceptance of the order by the Seller, who informs the Customer within 48 hours of placing the order
The Customer’s order paid for by cash on delivery is fulfilled immediately after the conclusion of the contract, and orders paid for by bank transfer or via an electronic payment system are fulfilled after the conclusion of the contract and the Customer’s payment is credited to the Seller’s account.
The fulfillment of the Customer’s order may be conditional upon payment of the entire or part of the order value, or obtaining a trade credit limit at least equal to the order value, or the Seller’s consent to send the order cash on delivery (payable on delivery).
The item covered by the contract shall be shipped within the time specified on the product card, and for orders consisting of multiple products, within the longest time specified on the product cards. The time limit shall commence upon fulfillment of the order.
The purchased subject of the contract, together with the sales document selected by the Buyer, is sent by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.
The Consumer’s cash on delivery order is fulfilled immediately, and orders paid by bank transfer or via an electronic payment system after the Consumer’s payment has been credited to the Seller’s account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service through no fault of their own and informed the Seller thereof.
The contract with the Customer is concluded upon acceptance of the order by the Seller, who shall inform the Customer thereof within 48 hours of placing the order.
The execution of a Customer’s order paid for by cash on delivery takes place immediately after the conclusion of the contract, and orders paid for by bank transfer or via an electronic payment system after the conclusion of the contract and the Customer’s payment being credited to the Seller’s account.
The fulfillment of the Customer’s order may be conditional upon payment of the entire or part of the order value, or obtaining a trade credit limit at least equal to the order value, or the Seller’s consent to send the order cash on delivery (payable upon receipt).
The subject of the contract shall be shipped within the time specified on the product card, and for orders consisting of multiple products, within the longest time specified on the product cards. The time limit shall commence upon order fulfillment.
The purchased item is sent together with the sales document selected by the Buyer using the delivery method selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.

§4 Right to withdraw from the contract

Pursuant to Article 27 of the Consumer Law, the consumer has the right to withdraw from a distance contract without giving any reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of the Consumer Law.
The deadline for withdrawing from a distance contract is 5 days from the date of delivery of the goods, and to meet the deadline, it is sufficient to send a statement before its expiry.
The consumer may submit a statement of withdrawal from the contract using the form provided in Appendix 2 to the Consumer Law or in another form consistent with the Consumer Law.
The Seller shall immediately confirm to the Consumer by e-mail (provided when concluding the contract or another if provided in the submitted statement) the receipt of the statement of withdrawal from the contract.
In the event of withdrawal from the contract, the contract is considered void.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to send the item back before its expiry.
The consumer shall return the goods covered by the contract from which he has withdrawn at his own expense and risk.
The consumer shall not bear the costs of delivering digital content that is not recorded on a tangible medium if they did not consent to the performance of the service before the expiry of the withdrawal period or were not informed of the loss of their right of withdrawal at the time of giving such consent, or the trader did not provide confirmation in accordance with Article 15(1) and Article 21(1). Consumer rights
The consumer shall be liable for any reduction in the value of the goods covered by the contract resulting from their use in a manner exceeding that necessary to establish the nature, characteristics, and functioning of the goods.
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 costs of delivery, and if the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for the additional costs in accordance with Article 33 of the Consumer Law.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of payment which does not involve any costs for them.
The Seller may withhold the refund of the payment received from the Consumer until the goods are returned or the Consumer provides proof of their return, whichever occurs first.
Pursuant to Article 38 of the Consumer Law, the consumer shall not have the right to withdraw from a contract: a. 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 deadline for withdrawal from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
d. where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
e. where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
f. where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal from the contract and after the entrepreneur informed the Consumer about the loss of the right to withdraw from the contract;
h. for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.Pursuant to Article 38 of the Consumer Law, the consumer shall not have the right to withdraw from a contract: a. 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 deadline for withdrawal from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
d. where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
e. where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
f. where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal from the contract and after the entrepreneur informed the Consumer about the loss of the right to withdraw from the contract;
h. for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.

§5 Warranty

Pursuant to Article 558 §1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer on the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is discovered within one year of the item being delivered, it is assumed that the defect existed at the time the risk was transferred to the Consumer.
If the item sold has a defect, the Consumer may: a. submit a statement requesting a price reduction;
b. submit a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or if the Seller has not fulfilled their obligation to replace the item with one free of defects or to remove the defect, they shall not be entitled to replace the item or remove the defect.If the item sold has a defect, the Consumer may: a. submit a statement requesting a price reduction;
b. submit a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or if the Seller has not fulfilled their obligation to replace the item with one free of defects or to remove the defect, they shall not be entitled to replace the item or remove the defect.
Instead of the removal of the defect proposed by the Seller, the Consumer may demand that the item be replaced with one free of defects or, instead of replacement, demand that the defect be removed, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs compared to the method proposed by the Seller, whereby the assessment of excessive costs takes into account the value of goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another method of satisfaction.
The consumer may not withdraw from the contract if the defect is insignificant.
If the item sold has a defect, the consumer may also: a. demand that the item be replaced with one free of defects,
b. demand that the defect be removedIf the item sold has a defect, the consumer may also: a. demand that the item be replaced with one free of defects,
b. demand that the defect be removed
The seller is obliged to replace a defective item with one free of defects or to remove the defect within a reasonable time without undue inconvenience to the consumer.
The seller may refuse to satisfy the consumer’s request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would involve excessive costs compared to the other possible means of bringing it into conformity with the contract.
If the defective item has been installed, the Consumer may request that the Seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect, but is obliged to bear part of the related costs exceeding the price of the item sold, or may demand that the Seller pay part of the costs of disassembly and reinstallation, up to the price of the item sold. If the Seller fails to fulfill this obligation, the Consumer is authorized to perform these activities at the Seller’s expense and risk.
A consumer who exercises their rights under the warranty is obliged to deliver the defective item to the complaint address at the Seller’s expense, and if, due to the type of item or the manner in which it is installed, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of the Seller’s failure to fulfill this obligation, the Consumer is entitled to return the item at the Seller’s expense and risk.
The costs of replacement or repair shall be borne by the Seller, except in the situation described in §5 point 10.
The seller is obliged to accept a defective item from the consumer in the event of replacement with a non-defective item or withdrawal from the contract.
The seller shall respond within fourteen days to: a. a statement requesting a price reduction,
b. a statement of withdrawal from the contract,
c. a request to replace the item with one free of defects,
d. a request to remove the defect.The seller shall respond within fourteen days to: a. a statement requesting a price reduction,
b. a statement of withdrawal from the contract,
c. a request to replace the item with one free of defects,
d. a request to remove the defect.

Otherwise, it is considered that he has accepted the Consumer’s statement or request as justified.

The seller is liable under the warranty if a physical defect is found within two years of the item being delivered to the consumer, and if the item sold is second-hand, within one year of the item being delivered to the consumer.
The Consumer’s claim for removal of a defect or replacement of the sold item with one free of defects expires after one year from the date of discovery of the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the item sold is a used item, within one year from the date of delivery of the item to the Consumer.
If the shelf life of the item specified by the Seller or manufacturer expires two years after the item is delivered to the Consumer, the Seller shall be liable under the warranty for any physical defects in the item discovered before the expiry of that period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect in the item sold, and if the Consumer requested replacement of the item with one free of defects or removal of the defect, the period for submitting a statement of withdrawal from the contract or price reduction shall commence upon the ineffective expiry of the deadline for replacement of the item or removal of the defect.
In the event of proceedings before a court or arbitration tribunal concerning one of the rights under the warranty, the time limit for exercising other rights to which the Consumer is entitled under the warranty shall be suspended until the proceedings are legally concluded. This shall also apply mutatis mutandis to mediation proceedings, whereby the time limit for exercising other rights under the warranty to which the Consumer is entitled shall commence on the date of the court’s refusal to approve the settlement reached before the mediator or the unsuccessful conclusion of the mediation.
The exercise of rights under the warranty for legal defects in the sold item shall be governed by §5 points 15-16, except that the period shall commence on the date on which the Consumer became aware of the defect, and if the Consumer became aware of the defect only as a result of a third party’s action, on the date on which the judgment in the dispute with the third party became final.
If, due to a defect in the item, the Consumer has submitted a statement of withdrawal from the contract or a price reduction, they may demand compensation for the damage they have suffered as a result of concluding the contract without knowing about the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collection, transport, storage, and insurance of the item, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive reimbursement from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to repair damage on general terms.
The expiry of any deadline for reporting a defect shall not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
If the Seller is obliged to provide a service or financial benefit to the Consumer, they shall do so without undue delay, no later than within the time limit specified by law.