Terms and Conditions of the Premium Salon Online Shop

Terms and Conditions of the online shop dated 31 March 2024.

setting out, amongst other things, the rules for concluding contracts via the Shop, and containing key information about the Seller, the Shop and the Consumer’s rights

TABLE OF CONTENTS

• § 1 Definitions
• § 2 Contacting the Seller
• § 3 Technical requirements
• § 4 Purchases in the Shop
• § 5 Payments
• § 6 Order fulfilment
• § 7 Right to withdraw from the contract
• § 8 Exceptions to the right to withdraw from the contract
• § 9 Complaints
• § 10 Personal data
• § 11 Reservations
• Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – dni od poniedziałku do piątku za wyjątkiem dni ustawowo wolnych od pracy w Polsce.

The Civil Code – ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny.

Consumer – konsument w rozumieniu przepisów Kodeksu cywilnego.

Account – uregulowana odrębnym regulaminem nieodpłatna funkcja Sklepu (usługa świadczona drogą elektroniczną), dzięki której każdy podmiot korzystający ze Sklepu może założyć w Sklepie swoje indywidualne konto.

Buyer – każdy podmiot kupujący w Sklepie.

Preferred buyer – Kupujący, który jest Konsumentem lub Przedsiębiorcą uprzywilejowanym. Przedsiębiorca uprzywilejowany – osoba fizyczna zawierająca ze Sprzedawcą umowę bezpośrednio związaną z jej działalnością gospodarczą, ale nieposiadającą dla niej charakteru zawodowego.

Regulations – niniejszy regulamin.

Shop – sklep internetowy Premium Salon prowadzony przez Sprzedawcę pod adresem www.premiumsalon.pl.

Seller – BUCE EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ , wpisany do Centralnej Ewidencji i Informacji o Działalności Gospodarczej prowadzonej przez ministra właściwego do spraw gospodarki i prowadzenia Centralnej Ewidencji i Informacji o Działalności Gospodarczej, NIP 8993007275, nr REGON 529995140, ul. Krakowska 39B, 50-424 Wrocław.

The Consumer Rights Act – ustawa z dnia 30 maja 2014 r. o prawach konsumenta.

§ 2 CONTACTING THE SELLER

1. Adres pocztowy: ul. Krakowska 39B, 50-424 Wrocław
2. Email address: biuro@premiumsalon.pl
3. Telephone: +48 733 340 790
4. Adres do zwrotu towaru (w przypadku odstąpienia od umowy): ul. Krakowska 39B, 50-424 Wrocław
5. Adres do wysłania reklamowanego towaru: ul. Krakowska 39B, 50-424 Wrocław

§ 3 TECHNICAL REQUIREMENTS

1. For the Shop to function properly, the following is required:
   • a device with internet access
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Shop, in addition to the requirements set out in paragraph 1, you must have an active email account

§ 4 SHOPPING IN THE SHOP

1. The product prices shown in the Shop are the total prices per product.
2. The Seller points out that the total price of the order comprises the items specified in the Shop: the price of the product and, where applicable, the delivery costs.
3. The product you wish to buy should be added to your basket in the Shop.
4. The Buyer then selects the delivery method and payment method for the order from the options available in the Shop, and provides the details required to fulfil the order.
5. An order is placed once the Buyer has confirmed its details and accepted the Terms and Conditions.
6. Placing an order constitutes the conclusion of a contract between the Buyer and the Seller.
7. The buyer may register with the Shop, i.e. create an account, or make purchases without registering by providing their details each time they place an order

§ 5 PAYMENTS

1. Payment for an order placed can be made, depending on the Buyer’s choice:
   1. by standard bank transfer to the Seller’s bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via the payment platform:
      • Blue Media
      • PayPal
   4. cash on delivery, i.e. cash upon delivery of the goods to the Buyer;
   5. by card or in cash when collecting the goods in person.
2. If you choose to pay via the Blue Media payment platform, the entity providing the online payment service is Blue Media S.A.
3. If the Buyer chooses to pay in advance, payment for the order must be made within 7 working days of placing the order.
4. The seller advises that, for payment methods where the field for entering the details required to complete the payment appears immediately after the order is placed, payment can only be made immediately after the order is placed.
5. By making purchases in the Shop, the Buyer agrees to the Seller’s use of electronic invoices. The Buyer has the right to withdraw this consent.

§ 6 ORDER FULFILMENT

1. The delivery time is stated in the Shop.
2. If the Buyer has chosen to pay for the order in advance, the Seller will proceed to fulfil the order once payment has been received.
3. Where the Buyer has purchased products with different delivery times as part of a single order, the order will be fulfilled by the delivery date applicable to the product with the longest delivery time.
4. Towar dostarczany jest na terytorium Rzeczypospolitej Polskiej oraz innych państw Europy. Dostawa poza terytorium Europy jest możliwa po uprzednim, indywidualnym skontaktowaniu się Kupującego ze Sprzedawcą (zgodnie z danymi kontaktowymi wskazanymi w § 2) i ustaleniu kosztów oraz możliwości realizacji takiej dostawy przed złożeniem zamówienia.
5. Produkty zakupione w Sklepie dostarczane są – w zależności od tego, jaką metodę dostawy wybrał Kupujący oraz od miejsca dostawy:
   1. za pośrednictwem firmy kurierskiej (w tym przesyłką kurierską międzynarodową w przypadku dostaw na terytorium Europy);
   2. do paczkomatów InPost (dotyczy wyłącznie dostaw na terytorium Rzeczypospolitej Polskiej).
6. The buyer may collect the goods in person from the company’s premises during opening hours.
7. If the Buyer chooses to collect the goods in person, they will be ready for collection on the specified order fulfilment date

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. A priority buyer has the right to withdraw from a contract concluded with the Seller via the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The deadline for withdrawing from the contract expires 14 days after the date:
   1. in which the preferred buyer took possession of the goods, or in which a third party other than the carrier and designated by the preferred buyer took possession of those goods;
   2. in which the preferred buyer took possession of the last item, consignment or part thereof, or in which a third party, other than the carrier and designated by the preferred buyer, took possession of the last item, consignment or part, in the case of a contract requiring the transfer of ownership of multiple items of goods which are delivered separately, in consignments or in parts.
3. In order for a priority buyer to exercise their right to withdraw from the contract, they must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or by email).
4. A privileged buyer may use the model withdrawal form provided at the end of the Terms and Conditions, although this is not compulsory.
5. To meet the deadline for withdrawing from the contract, it is sufficient for the priority buyer to send notification of their intention to exercise their right to withdraw from the contract before the withdrawal deadline expires

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

6. In the event of withdrawal from the contract, the Seller shall refund to the Preferred Buyer all payments received from them, including the costs of delivering the goods (except for any additional costs arising from the Preferred Buyer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without delay, and in any event no later than 14 days from the date on which the Seller was informed of the Preferred Buyer’s decision to exercise their right to withdraw from the contract.
7. The Seller shall issue the refund using the same payment methods as those used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to an alternative arrangement, in any event, the Preferred Buyer shall not incur any charges in connection with this refund.
8. If the Seller has not offered to collect the goods from the eligible Buyer themselves, they may withhold the refund until they have received the goods or until they have been provided with proof that the goods have been returned, whichever occurs first.
9. The Seller requests that goods be returned to the following address: 31 Nenckiego Street, 52-223 Wrocław without delay, and in any event no later than 14 days from the date on which the Buyer with priority rights notified the Seller of their withdrawal from the contract of sale. The deadline is deemed to have been met if the Preferred Buyer posts the goods back before the expiry of the 14-day period.
10. The preferred buyer bears the direct costs of returning the goods.
11. A buyer with special rights is liable only for any reduction in the value of the goods resulting from their use in a manner other than that necessary to ascertain the nature, characteristics and functioning of the goods.
12. If, due to their nature, the goods cannot be returned by standard post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer of the estimated amount of these costs in the product description in the Shop or when placing the order.
13. Should it be necessary to issue a refund for a transaction made by a Privileged Buyer using a payment card, the Seller shall refund the amount to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

1. The right to withdraw from a distance contract, as referred to in § 7 of the Terms and Conditions, does not apply to a contract:
   1. where the subject matter of the supply is non-prefabricated goods, manufactured to the specifications of the preferred purchaser or designed to meet their specific needs;
   2. where the subject of the supply is goods that are perishable or have a short shelf life;
   3. where the subject of the supply is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, provided that the packaging was opened after delivery;
   4. where the subject matter of the supply consists of goods which, upon delivery, are, by their very nature, inseparably incorporated into other items;
   5. where the subject matter of the supply is audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. where 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 withdrawal period.

§ 9 COMPLAINTS

I. GENERAL PROVISIONS

1. The Seller bears a special liability towards the Buyer for the conformity of the performance with the contract, as provided for by generally applicable law, including, in particular, the provisions of the Consumer Rights Act.
2. The Seller requests that complaints be submitted to the postal or email address specified in § 2 of the Terms and Conditions.
3. If a warranty has been provided for a product, details of the warranty and its terms and conditions are available in the Shop.
4. Complaints regarding the operation of the Shop should be sent to the email address specified in § 2 of the Terms and Conditions.
5. The seller will respond to the complaint within 14 days of receiving it.

II. PREFERRED BUYERS

A. Goods

1. Where the goods do not comply with the contract, the buyer is entitled to exercise the rights set out in Chapter 5a of the Consumer Rights Act.
2. The Seller shall be liable for any lack of conformity of the goods with the contract, existing at the time of delivery and becoming apparent within two years of that time, unless the shelf life of the goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
3. Under the provisions of the Consumer Rights Act, a privileged buyer may, in all cases, demand
   1. exchange of goods,
   2. repairs to goods.
4. In addition, a preferred buyer may make a declaration regarding:
   1. a price reduction,
   2. withdrawal from the contract
   in a situation where:
   • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
   • The seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4)–(6) of the Consumer Rights Act;
   • the goods still do not comply with the contract, despite the Seller’s attempts to bring them into compliance with the contract;
   • the lack of conformity of the goods with the contract is of such significance that it justifies a price reduction or withdrawal from the contract without first having recourse to the remedies set out in Article 43d of the Consumer Rights Act;
   • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the preferred Buyer.
5. In the case of goods subject to repair or replacement, the preferred buyer should make those goods available to the seller. The seller shall collect the goods from the preferred buyer at its own expense.
6. A buyer with preferential rights may not withdraw from the contract if the lack of conformity of the goods with the contract is minor.
7. In the event of withdrawal from the contract as referred to in this section (concerning goods), the Preferred Buyer shall immediately return the goods to the Seller, at the Seller’s expense, to the address: ul. Żmigrodzka 5, 55-110 Prusice. The Seller shall refund the price to the Preferred Buyer without delay, no later than within 14 days of receiving the goods or proof of their return.
8. The Seller shall refund to the Preferential Buyer any amounts due as a result of the exercise of the right to a price reduction without delay, and no later than 14 days from the date of receipt of the Preferential Buyer’s notice of price reduction.

B. Out-of-court methods of handling complaints and pursuing claims

1. If the complaints procedure does not produce the result expected by the Consumer, the Consumer may, amongst other things, make use of:
   1. mediation conducted by the relevant Provincial Trade Inspection Authority, to which an application for mediation must be submitted. As a general rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
   2. the assistance of the relevant local permanent consumer arbitration tribunal operating under the Provincial Trade Inspection Authority, to which an application must be submitted for the case to be heard by the arbitration tribunal. As a general rule, the proceedings are free of charge. A list of tribunals is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
   3. free assistance from the municipal or district Consumer Ombudsman;
   4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III. BUYERS OTHER THAN PREFERRED BUYERS

1. In the event of a defect in the goods, a Buyer other than a preferential Buyer may lodge a complaint regarding the defective goods under the warranty provisions set out in the Civil Code.
2. Under the Civil Code, a Buyer who is a trader other than a privileged trader forfeits their rights under the warranty, if they have not inspected the goods within the time and in the manner customary for goods of that kind and have not notified the Seller of the defect without delay; and, where the defect only became apparent at a later date, if they have not notified the Seller without delay upon discovering it. To meet the above deadline, it is sufficient to send notification of the defect before the deadline expires.
3. When exercising their warranty rights, a Buyer other than a preferential Buyer may, in accordance with the provisions of the Civil Code:
   1. submit a statement regarding a price reduction,
   2. in the event of a material defect – submit a notice of withdrawal from the contract,
   3. to demand that the goods be replaced with goods free from defects,
   4. demand that the defect be rectified
4. If it transpires that the defective goods must be returned to the Seller in order for the complaint to be processed, a Buyer who is not a priority buyer is obliged to return the goods to the following address: ul. Żmigrodzka 5, 55-110 Prusice.
5. For the avoidance of doubt, the Seller notes that the provision of § 11(5) applies to the Seller’s liability towards a Buyer other than a priority Buyer in connection with a complaint

§ 10 PERSONAL DATA

1. The Seller is the data controller for the personal data provided by the Buyer whilst using the Shop. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as the recipients of the data – can be found in the Privacy Policy available on the Shop, in accordance with the principle of transparency set out in the General Data Protection Regulation (EU) of the European Parliament and of the Council – the „GDPR”.
2. The purpose of the Seller’s processing of the Buyer’s data, provided by the Buyer in connection with purchases made in the Shop, is to fulfil orders. The legal basis for the processing of personal data in this case is:
   • a contract or actions taken at the Buyer’s request with a view to entering into such a contract (Article 6(1)(b) of the GDPR),
   • the Seller’s legal obligation relating to accounting (Article 6(1)(c) of the GDPR) and
   • the Seller’s legitimate interest, consisting in the processing of data for the purpose of establishing, pursuing or defending any potential claims (Article 6(1)(f) of the GDPR).
3. The provision of personal data by the Buyer is voluntary, but is also necessary for the conclusion of the contract. Failure to provide such data will prevent the conclusion of a contract in the Shop.
4. The Buyer’s personal data provided in connection with purchases made in the Shop will be processed until:
   1. the contract between the Buyer and the Seller will cease to have effect;
   2. the Seller will no longer be subject to the legal obligation to process the Buyer’s data;
   3. the Buyer or the Seller will no longer be able to pursue claims relating to the contract concluded by the Shop;
   4. the Buyer’s objection to the processing of their personal data will be upheld – where the basis for the processing was the Seller’s legitimate interest – depending on which applies in the particular case and whichever occurs later
   5. the right to have data transferred to another data controller, as well as the right:
   6. to object at any time to the processing of data on grounds relating to the Buyer’s particular situation – in respect of the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
5. In order to exercise their rights, the Buyer should contact the Seller using the contact details set out in § 2 of the Terms and Conditions.
6. If the Buyer considers that their personal data is being processed unlawfully, they may lodge a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Shop constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order.
3. Contracts concluded under these Terms and Conditions shall be drawn up in Polish.
4. In the event of any dispute with a Buyer who is not a preferred Buyer, the competent court shall be the court with jurisdiction over the Seller’s registered office.
5. Any liability of the Seller towards a Buyer who is not a preferential Buyer under the concluded contract is limited – to the extent permitted by law – to the value of the order placed by the Buyer, which led to the conclusion of the contract, and to a period of one year from the date of conclusion of that contract.

Appendix 1 to the Rules and Regulations

Below is a model withdrawal form which the Consumer or a business entitled to special rights may, but is not obliged to, use:

MODEL CONTRACT WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

BUCE EUROPE Ltd
ul. Krakowska 39B, 50-424 Wrocław
email address: biuro@premiumsalon.pl

– I/We(*) …………………………………………………………… hereby give notice of my/our withdrawal from the contract for the sale of the following goods(*) / for the provision of the following service(*):

……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..

– Date of conclusion of the contract(*)/date of acceptance(*)

……………………………………………………………………………………………………………………………………………..

– Full name of the eligible consumer(s) / trader(s):

……………………………………………………………………………………………………………………………………………..

– Address of the eligible consumer(s) / business(es):

……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..

…………………………………………………………………………….
Signature of the consumer(s) / trader(s) with priority status
(only if the form is submitted in paper format)

Date …………………………………

(*) Delete as appropriate.