Shop Terms and Conditions www.lela-beauty.com

(hereinafter: the Rules)

§1. General provisions

1. These Terms and Conditions of Use for the Shop www.lela-beauty.com sets out the terms and conditions under which the Seller provides electronic services in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2019, item 123, as amended), including the rules governing sales, the use of the Shop, the scope of the Seller’s liability, and the procedures for complaints, returns and withdrawal from the sales contract.

1. Anyone visiting the Shop must familiarise themselves with the provisions of the Terms and Conditions.

2. Use of the Website by the User implies full acceptance of the terms of these Terms and Conditions. If the User does not accept the provisions of these Terms and Conditions, they should immediately cease using the Shop.

§2. Definitions

1. Service Provider / Seller – Marta Gibus, trading as LeLa Beauty Marta Gibus, 10 Swarzędzka Street, 62-020 Gortatowo, Tax Identification Number (NIP): 6652454210, National Business Registry Number (REGON): 360997939, lela@lela-beauty.com.

1. Delivery – the actual act of delivering the Goods ordered by the Customer to the address specified by the Buyer, via the Supplier.

2. Supplier – an entity working with the Seller, which carries out the Delivery on the Seller’s behalf. The Supplier may be a courier company, a parcel locker or Poczta Polska S.A.

3. Buyer / Customer – a natural person, a legal person or an organisational unit without legal personality who enters into a distance selling contract with the Seller via the Website.

4. Service / Shop – the website/online shop operated by the Seller’s Service Provider at: www.lela-beauty.com.

5. Terms and Conditions – these Terms and Conditions of the Seller’s online shop.

6. User – a natural person with full legal capacity who uses the Website’s Services.

7. Registration – the process of creating a User account via the registration form, in the manner set out in the Terms and Conditions.

8. Service – a service provided electronically, consisting of the sending and receiving of data via public telecommunications and information technology systems at the User’s individual request, without the parties being physically present at the same time.

9. Consumer – a natural person who enters into a legal transaction with a trader that is not directly related to their business or professional activities.

10. Goods – a movable item available in the Online Shop, which may form the subject of a distance contract of sale between the Buyer and the Seller.

11. Agreement – A sales contract concluded between the Buyer and the Seller by distance selling and in accordance with the terms set out in the Terms and Conditions.

12. Personal account – a personalised dashboard for each Customer, set up on their behalf by the Seller, with a designated username and password, in which the details provided by the Buyer and their order history are stored.

§3. Terms and conditions for the provision of services via the Website

1. To use the Services on the Website, the following minimum technical requirements must be met:

1. 1. owning a computer/laptop or other multimedia device with internet access,

   2. having one of the following web browsers: Internet Explorer, Mozilla Firefox, Google Chrome, Opera or Apple Safari – updated to the latest version,

   3. having an active email account (this applies only to those intending to enter into a Sales Agreement and those who wish to subscribe to the newsletter)

2. In order to ensure the highest possible quality of the services provided and the efficient operation of the Website, the Service Provider reserves the right to carry out technical maintenance, during which certain features of the Website may be restricted or unavailable.

3. The Service Provider shall not be liable for any interruptions in the provision of the Services arising from causes beyond its control or resulting from force majeure, such as fire, flooding or natural disasters.

4. Customers may shop in the Online Shop either by creating a personal account or without having to register for a personal account.

5. To register for an Individual Account, please complete the registration form provided by the Seller on the shop’s website at www.lela-beauty.com. Providing your personal details in the form is essential for setting up an individual account.

6. If you wish to make a purchase without registering for a personal account, you must complete the purchase form. Providing your personal details on the form is essential for the conclusion and performance of the Contract of Sale.

7. In order to place an order with the Shop via the Shop’s website, the Customer must have an active email account – an active email address.

8. The Customer is prohibited from providing unlawful content, and is also prohibited from using the Shop in a manner that is contrary to the law or public decency, or that infringes the rights of third parties in any way.

9. The Customer is prohibited from using the Shop’s resources, functions, materials of the Shop for the purpose of carrying out activities that would infringe upon the Seller’s interests, e.g. through activities involving deception, activities contrary to generally applicable law, or activities infringing upon the rights of others.

§4. Registration of an individual account

1. 1. In order to purchase Goods, the Customer may register for a personal account free of charge.

   2. You do not need to register for a personal account to make purchases.

   3. In order to register a personal account, the Customer must complete the form provided by the Seller on its website. During registration, the Customer sets a personal password to access their personal account.

   4. Whilst completing the registration form, the Customer has the opportunity to read the Terms and Conditions and the Privacy Policy.

   5. Once the completed registration form has been submitted, the Customer will receive confirmation of their Individual Account registration at the email address they provided on the form.

   6. Upon receipt of confirmation of the registration of the Individual Account, a contract is concluded between the Seller and the Customer for the provision of an electronic service relating to the maintenance of the Customer’s Individual Account, and the Customer is granted free access to the Individual Account.

§ 5. Types and scope of Services provided via the Website
for the benefit of the Customer and the terms and conditions governing the Customer’s use of the Website

1. The Service Provider does not charge any fees for the Customer’s use of the Website. However, the Service Provider reserves the right to introduce charges for the Services provided via the Website, of which it will inform Customers in good time.

1. By starting to use the Website, the User confirms that they have read the Terms and Conditions and accept their provisions.

2. Through the Website, the Customer has access to the following Services:

   1. making purchases,

   2. the creation of a personal account allowing you to view your order history and edit your details,

   3. viewing the content made available on the Website.

3. The user undertakes to use the website in a manner consistent with the law and the provisions of these Terms and Conditions.

§6. Rules governing the placing of orders and the performance of the Contract of Sale

1. The information contained on the Website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to enter into a Contract of Sale.

1. Customers can place orders via the online shop 24 hours a day, 7 days a week.

2. To place an order, you must select the Goods, specifying both the type and quantity. Each of the selected Goods must be added to the basket using the „Add to basket” button. Once you have finalised your order, go to your basket and continue with the ordering process. You can place an order using your personal account or without registering, by filling in the relevant fields with your details. In the following steps, the Buyer selects the delivery method for the Goods and the payment method. At the final stage, the Buyer is informed of the total value of the selected Goods and the delivery costs.

3. In order to place an order, you must accept the Terms and Conditions and acknowledge that you have read the GDPR information notice by ticking the relevant box on the form.

4. The placing of an order by the Buyer constitutes an offer made by the Buyer to the Seller to enter into a Contract for the Sale of Goods within the meaning of the Civil Code.

5. Once an order has been placed, the Seller shall send an order confirmation to the email address provided by the Buyer. The Sales Contract is concluded upon the Customer’s receipt of the order confirmation.

§7. Terms and methods of payment

1. The prices shown on the website are in Polish zlotys.

1. The prices shown on the website are gross prices, inclusive of VAT.

2. The prices quoted on the website do not include delivery costs or any other costs which the Customer will be required to pay in connection with the concluded Sales Contract, and of which they will be informed when placing an order and selecting a delivery method. In the case of an order placed from outside the customs territory of the European Union, the Customer may incur other additional costs relating to so-called customs debt, i.e. the obligation to pay import duties by the Customer as the importer of the Goods in question

3. Prices are subject to change at any time; however, they do not apply to orders placed before the price change.

4. The buyer may choose from the following payment methods:

1. bank transfer via PayPal (the order will be processed once the Seller has sent the Customer confirmation of order acceptance and once the payment has been credited to the Seller’s bank account),

1. bank transfer via Przelewy 24 (the order will be processed once the Seller has sent the Customer confirmation of receipt of the order and once the payment has been credited to the Seller’s bank account),

2. bank transfer in instalments via Przelewy 24 (use of this payment method requires prior, successful verification of the Customer by the payment operator, subject to the terms and conditions set out in that operator’s payment regulations)

3. payment by payment card, operated by PayPro S.A., with its registered office in Poznań (the order will be processed once the Seller has sent the Customer confirmation of order acceptance and once the payment has been credited to the Seller’s bank account),

4. Cash on delivery is available by paying the Supplier’s employee who is carrying out the delivery.

6. If the Customer has opted for prepayment, they should make the payment within 3 working days.

7. If the Buyer chooses to pay on delivery, the Buyer is obliged to make payment upon delivery.

8. In the event that the parties to the Sales Contract fail to fulfil their obligations within the time limits set out in the Terms and Conditions, the entitled party may, in the event of a delay on the part of the other party, withdraw from the contract without setting an additional time limit, pursuant to Article 492 of the Civil Code. Withdrawal from the Contract may take place within 7 working days from the date of conclusion of the Sales Contract. The above applies in particular where the Customer fails to fulfil their obligation to make payment in accordance with the terms and within the time limit specified in the Terms and Conditions. Once the payment deadline has passed without payment being made, the Seller shall send the Buyer, on a durable medium, a notice of withdrawal from the Contract, pursuant to Article 492 of the Civil Code.

§8. Cost, methods and delivery date

1. The Seller is obliged to supply the Customer with Goods that comply with the Contract of Sale.

1. The Seller publishes information on the Shop’s website regarding the number of working days required to process an order and deliver it to the Customer. The delivery time is calculated in working days.

2. Delivery of the selected Goods is available within the Republic of Poland, the European Union and the United States of America.

3. Goods are delivered via a courier service or a parcel locker. If the goods are to be delivered by a courier service, the delivery address is the address specified by the Buyer. If the goods are to be delivered via a parcel locker, the delivery address will be the address of the parcel locker specified by the Buyer when selecting the delivery method.

4. The order will be processed within 72 hours (on working days) once the payment has been credited to the Seller’s account.

5. If you choose the cash on delivery payment method, your order will be processed within 72 hours (on working days) from the time it is accepted. We will deliver the product in accordance with the dispatch confirmation within the timeframe specified when selecting the delivery method, and in any event within a maximum of 14 days from the conclusion of the Contract. Should exceptional circumstances arise that prevent delivery within the specified timeframe, the Seller will contact the Buyer to agree on a new delivery date or a refund,

6. The delivery time depends on the contract entered into with the carrier.

7. On the day the Goods are dispatched to the Buyer, the Buyer will receive a dispatch confirmation from the Seller at the email address provided by the Buyer.

8. Delivery of the Goods to the Buyer is subject to a charge, in accordance with the Delivery Price List, which the Buyer is made aware of when selecting the delivery method.

9. You will be able to track your order on the website of the carrier responsible for delivering the Goods you have ordered.

10. The Buyer is obliged to collect the Goods in accordance with the Contract of Sale concluded with the Seller.

11. The Buyer is obliged to inspect the consignment in the presence of the Supplier. Should any damage to the consignment be noticed, a transport damage report must be drawn up and the Seller must be notified of this immediately by email. Failure to draw up a damage report with the Delivery Driver may prevent the complaints procedure from being initiated.

12. The Seller is obliged to provide the Buyer with proof of purchase for the goods ordered by the Buyer in the form of a personalised invoice or a VAT invoice. The proof of purchase will be sent to the Buyer electronically to the email address provided by the Buyer when placing the order. If the Customer wishes to receive a VAT invoice, they must declare this at the time of placing the order and indicate that they are purchasing the goods as a business. This declaration is made by ticking the relevant box on the order form.

13. Should the Buyer fail to collect the Goods within the time limit specified in the concluded Sales Contract, the Seller shall request the Buyer to collect them within a further period of 7 days from the date of such request, with the warning that should the Goods not be collected within this additional period, the Seller shall be entitled to withdraw from the contract within 14 days of the expiry of the aforementioned 7-day period. Should the Seller withdraw from the contract, it shall be deemed not to have been concluded, and the Seller shall immediately refund to the Buyer any sums received as payment for the Goods, in any event no later than within 14 days of the date of withdrawal from the contract, provided that such sums have been paid, subject to the following sentence. In the above situation, the Buyer shall bear the costs of the failed delivery and the costs of returning the Goods to the Seller – the Seller may demand that the Buyer cover these costs or offset them in accordance with Article 498(1) of the Civil Code.

14. Should the Buyer request the Seller to resend the parcel, the costs of such a reshipment shall also be borne by the Buyer.

§9. Warranty against defects (Complaints)

1. The seller is liable to the consumer if the goods sold have a physical or legal defect, in accordance with Article 556 et seq. of the Civil Code.

2. If a defect in the Goods is discovered, the Consumer may:

1. submit a statement requesting a price reduction or withdrawal from the Contract, unless the Seller immediately, and without undue inconvenience to the Consumer, replaces the defective item with one free from defects or remedies the defect, or

2. instead of the remedy proposed by the Seller, to demand that the goods be replaced with goods free from defects, or, instead of the replacement of the goods, to demand that the defect be remedied, unless bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would entail excessive costs compared with the method proposed by the Seller.

3. The buyer may not withdraw from the Contract if the defect is minor.

4. The seller is liable under the warranty if a physical defect is discovered within two years of the date on which the buyer takes actual possession of the goods.

5. The Seller may refuse to comply with the Consumer’s request to replace the Goods with goods free from defects or to have the defects remedied, if bringing the Goods into conformity with the Contract of Sale in the manner chosen by the Consumer is impossible or, compared with the other possible method of bringing them into conformity with the Contract of Sale, would entail excessive costs. The costs of repair or replacement, as well as the costs of postage, transport, labour and materials, shall be borne by the Seller.

6. A consumer wishing to exercise their rights under the warranty should first send the complaint form to the following email address: lela@lela-beuty.com or to the address specified in §2(1).

7. A complaint should be submitted using the complaint form, which is set out in Appendix 1 to the Terms and Conditions and can be found under the „RETURNS AND COMPLAINTS” tab.

8. A scan of the receipt or invoice must be attached to any complaint submitted electronically.

9. Within 3 days of the Seller receiving the complaint, the Seller shall inform the Consumer whether it is necessary to deliver the goods to the Seller’s premises. In such cases, the Consumer is obliged to deliver the defective item to the Seller’s address. The cost of delivering the goods subject to the complaint shall be borne by the Seller. A refund for the defective goods will be issued once a decision has been made regarding the acceptance of the complaint, but no later than within 14 days from the date of receipt of the goods or proof of their return.

10. Any goods subject to a complaint, where the Seller considers that their delivery is necessary to assess the complaint, must be properly secured, packed together with the complaint form and proof of purchase (receipt, invoice), and returned to the following address:

LeLa Beauty Marta Gibus, 10 Swarzędzka Street, 62-020 Gortatowo

11. Within 14 days of receiving the complaint form together with a scan of the proof of purchase (where the Seller does not request the return of the goods) or within 14 days of receiving the faulty Goods together with the complaint form and proof of purchase (where the Seller requests the return of the faulty Goods), the Seller is obliged to consider the complaint. If this period expires without a response, the complaint shall be deemed to have been accepted as valid.

12. Pursuant to Article 558(1) of the Civil Code, the Seller’s liability under the warranty for the Goods towards a Customer who is not a Consumer is excluded.

§10. Right to withdraw from the Contract (refund)

1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any additional costs, except for the cost of returning the goods to the Seller.

1. The 14-day period is calculated from the date on which the Consumer, or a third party designated by them other than the carrier (courier company, transport company, or delivery via a parcel locker), takes possession of the goods.

2. Returned goods must be in an undamaged condition. Opened cosmetics are not eligible for return. Cosmetics are sold in sealed packaging which, once opened, cannot be returned for health and hygiene reasons – if the packaging has been unsealed after delivery.

3. The Consumer’s right to withdraw from the contract is excluded in the following cases:

1. contracts where the subject matter of the service is an item that perishes quickly or has a short shelf life.

1. contracts where the subject matter of the supply is an item delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery (cosmetics);

2. contracts relating to medicinal products, medical devices and foodstuffs intended for particular nutritional uses.

3. To withdraw from the Contract, please complete the returns form, which can be found in Appendix 2 to the Terms and Conditions and under the „RETURNS AND COMPLAINTS” tab.

5. In the event of withdrawal from the Contract, the Consumer shall only be liable for any reduction in the value of the Goods resulting from handling them in a manner other than that necessary to assess their properties, characteristics and functionality.

6. Upon receipt by the Seller of the Buyer’s (Consumer’s) notice of withdrawal from the Contract, the Seller shall send the Buyer, by email or by any other means chosen by the Consumer, confirmation of receipt of the Consumer’s notice of withdrawal from the Contract.

7. The Seller shall, within 14 days of the date on which the Consumer submits a notice of withdrawal from the Contract, refund to the Consumer all payments made by the Consumer, including the costs of delivering the returned Goods.

8. The Consumer shall bear only the direct costs of returning the Goods (e.g. the costs of packaging, securing and posting), unless the Seller has agreed to bear them or has failed to inform the Consumer of the need to bear these costs.

9. The seller shall refund the payment using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not entail any costs for them.

10. The seller may withhold the refund of any payments received from the consumer until the goods have been returned or the consumer has provided proof of their return, whichever occurs first.

11. If the Consumer has chosen a method of delivery for the Goods other than the cheapest method offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.

12. A consumer who has withdrawn from the Contract is obliged to return the Goods within 14 working days of the date on which they withdrew from the Contract. To meet this deadline, it is sufficient to return the Goods before the deadline expires.

§11. Liability of the Service Provider

1. The Service Provider shall not be liable for any loss or damage suffered by the User arising from:

1. 1. incorrect or non-compliant use of the Website by the User, in breach of the Terms and Conditions;

   2. a fault with the User’s equipment;

   3. interruptions to the Website’s operation caused by force majeure;

   4. actions or omissions on the part of Users;

   5. Unauthorised access to the User’s Account resulting from a third party gaining access to the username and password, where this occurred through no fault of the Service Provider. In the event of any suspicion that the password may have been disclosed to third parties, the User undertakes to change their login details immediately, including, in particular, their password, or to contact the Service Provider for this purpose.

2. The user bears full responsibility for any breach of the law and for any damage caused by their actions on the Website.

3. The Service Provider makes no warranty as to the proper functioning of the Website, either in whole or in part.

§12. Personal data

1. By entering into the Contract, the User declares that they acknowledge that their personal data provided to the Service Provider will be processed by the Service Provider, as the data controller, for the purpose of providing the service or fulfilling the Contract of Sale. Detailed information on the processing of personal data can be found in the „Privacy Policy” tab and the GDPR Information Notice.

§13. Final provisions

1. The provisions of these Terms and Conditions are not intended to infringe upon any of the Consumer’s rights.

1. In the event that any provision of these Terms and Conditions conflicts with generally applicable law, the provisions of that law shall prevail.

2. These Terms and Conditions come into force on 31 December 2024

3. Sales contracts are drawn up in Polish.

4. The Service Provider reserves the right to unilaterally amend these Terms and Conditions in the event of a change to the functionality of the Website, a change to the Service Provider’s business profile, or a change to the provisions of applicable law.

5. In the case of contracts concluded prior to any amendment to the Terms and Conditions, the version of the Terms and Conditions in force on the date the contract was concluded shall apply.

6. Consumers are entitled to make use of the following out-of-court methods of redress and complaint handling:

1. the possibility of submitting a request for proceedings concerning the out-of-court resolution of consumer disputes pursuant to the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. for example, to the Provincial Inspector of Trade Inspection in Poznań;

2. submitting an application for the case to be heard by the Permanent Consumer Arbitration Court operating within the relevant Provincial Trade Inspection Authority; and

3. approaching the Municipal Consumer Ombudsman for assistance in protecting consumers’ interests and rights. Free assistance to consumers regarding the protection of their rights and interests is also provided by community organisations, such as the Polish Consumers’ Association.

8. to submit a request for the case to be heard by the Permanent Consumer Arbitration Court operating within the relevant Provincial Inspectorate of Trade Inspection; and the law applicable to the resolution of any disputes arising under these Terms and Conditions is Polish law.

9. In matters not covered by these Rules, the generally applicable provisions of Polish law shall apply.

10. Users who are Consumers may make use of an out-of-court dispute resolution procedure and pursue claims before the Permanent Consumer Arbitration Court attached to the Provincial Inspectorate of Trade Inspection in Poznań. Information on how to access the above-mentioned dispute resolution procedure can be found at the following address: www.uokik.gov.pl, under the „Consumer dispute resolution” tab. Users who are Consumers also have the option of using the EU’s ODR online platform, available at the following web address: http://ec.europa.eu/consumers/odr/

The Seller’s email address: lela@lela-beauty.com.