These Regulations define the general conditions, rules and manner of Sale conducted by Berani Sp. z o.o. with its registered office in Warsaw, via the online store www.beranicosmetics.com (hereinafter referred to as the “Store”) and specifies the terms and conditions of the provision by Berani sp. z o.o. based in Warsaw, free services by electronic means.
- The beranicosmetics.com online store, operating at www.beranicosmetics.com and the sale of goods by electronic means, is run by a commercial law company under the name Berani Sp. z o.o. with its registered office in Warsaw, Aleja Jana Pawła II 22, 00-133 Warsaw, entered into the National Court Register (District Court for the Capital City of Warsaw, XII Commercial Division) under the number 0000736258 (REGON: 380517800, NIP: 5252753598), hereinafter referred to as ” Sellers “.The electronic address of the Seller’s online store is: www.beranicosmetics.com
- The Seller’s e-mail address is email@example.com
- The online store service is available to customers only on business days (Monday to Friday) between 9:00 am – 5:00 pm.
- The sale of goods by electronic means is based on and in accordance with:
- by the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended);
- by the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
- by the Act of April 23, 1964 Civil Code (Journal of Laws of 2014, item 121, as amended);
- these Regulations, which was issued pursuant to art. 8 sec. 1 point 1 of the Act on the provision of electronic services.
- The regulations define:
- the type and scope of services provided electronically;
- rules for using the Seller’s online store;
- the terms and procedure for concluding Sales contracts by electronic means between the Seller and the Customer;
- rules for registering and using the Customer Account as part of the online store
- prices and terms of payment of the purchased Goods;
- the terms and method and date of delivery of the purchased Goods;
- the conditions and procedure for terminating / withdrawing from the Sales Agreement by the Customer;
- the conditions and procedure for terminating the Sales Agreement by the Seller;
- the complaint procedure regarding the Goods;
- the complaint procedure regarding the provision of electronic services;
- technical requirements, on the Customer’s website, necessary for the provision of these services;
- the law governing the Sales Agreement and the local jurisdiction of the court examining any dispute between the Seller and the Customer.
- The Customer may obtain the content of these Regulations at any time using the link on the home page of the website www.beranicosmetics.com
- The Customer accepts the Regulations in the manner indicated in Chapter IV, entitled “Conditions and procedure for concluding Sales Agreements”.
- Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the Sales Agreement.
- Supplier – means an entity with which the Seller cooperates in the delivery of Goods:
– a courier company;
– operator of a post office box (parcel locker) – if such an option is currently available to be selected by the Customer in the Store.
- Customer – means an entity for which services may be provided electronically in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.
- Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered.
- Consumer – means a natural person who performs a legal transaction in the Store not directly related to his business or professional activity.
- Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Store.
- Online Store (hereinafter referred to as the “Store”) – a website available at www.beranicosmetics.com, through which the Customer may, in particular, place Orders.
- Goods – products presented on the Store’s website.
- Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducts business or professional activity on its own behalf and performs a legal transaction directly related to its business or professional activity.
- Order – Customer’s declaration of intent, submitted to the Seller in order to conclude a Sales Agreement, specifying in particular the type and quantity of a given Good.
- Sales Agreement – a Agreement for the Sale of Goods (s) remotely, on the terms set out in the Regulations, concluded between the Seller and the Customer using the Store’s website as a result of the Seller’s declaration of acceptance of the Customer’s Order for execution (and on the condition that, if online payment is selected, that the order will be paid for).
- In order to create a Customer Account, the Customer is obliged to make a free Registration.
- Customer registration in the Store is not obligatory. The Customer may place an Order without registering in the Store, after reading and accepting these Regulations.
- In order to register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual password.
- When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
- Registration enables the Customer to log into the Store at www.beranicosmetics.com.
- The condition for registration is the acceptance by the Customer of the provisions of the Regulations and the provision of personal data marked as mandatory consent by the Customer to the processing of his personal data for marketing purposes does not condition the possibility of concluding an Agreement with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may, for example, be sent to the Seller’s address via e-mail.
- After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, the Agreement for the provision of the Customer Account service by electronic means is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration.
IV. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement via the Store, go to the website www.beranicosmetics.com, taking subsequent steps based on the displayed messages and information available on this website, including providing the data indicated therein as mandatory.
- In order to place an order in the Store via the Store’s website or via e-mail and in order to use the services available on the Store’s websites, it is necessary for the Customer to have an active e-mail account.
- The customer selects the ordered goods by adding them to the basket..
- After the Customer completes all the fields with the requested data, a summary of the Order placed will be displayed, containing a description of the selected Goods, their total price and all other costs related to its implementation.
- Until you press the field confirming the submission of the Order – the Customer has the option to modify the entered data also in the selection of the Goods by following the displayed messages and information.
- Before sending the Order (by pressing the field confirming its submission), the Customer also confirms that he accepts the content of the Regulations.
- Information about the Goods provided on the Store’s websites does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
- The Customer’s order is treated (as long as it complies with the Regulations) as an offer to purchase the Goods.
- If the Consumer submitted a declaration of resignation from the conclusion of the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding on the Consumer.
- The Customer may place orders in the Store via the Store’s website 7 days a week, 24 hours a day.
- The Sales Agreement is considered concluded at the moment of sending a statement by the Seller from his IT system to the Customer’s internet address confirming the acceptance of the Order for execution (provided that in the case of choosing online payment, for the conclusion of the Sales Agreement it is necessary for the order to be paid for ), which the Seller sends at the latest on the next business day after receipt of the Order.
- The Seller may refuse to conclude a Sales Agreement with a person who is under 18 years of age, about which the potential Customer will be notified.
- The Seller may introduce a limit on the number of items for the purchase of the Goods. The Seller may refuse the Customer to conclude a Sales Agreement, as well as limit his access to some or all of the Goods, in the event of a breach of the Regulations by the Customer, and in particular when the Customer:
- provided during registration in the Store untrue, inaccurate or out-of-date data, misleading to the Seller;
- has committed other behaviors that will be considered by the Seller as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.
- The customer is obliged in particular to:
- use the Store in a way that does not interfere with its functioning, including by using the indicated devices and software;
- use the Store in a manner consistent with the provisions in force in Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
V. CONDITIONS AND MODE FOR TERMINATION / WITHDRAWAL FROM THE SALES CONTRACT BY THE CUSTOMER
- The Customer who is a Consumer who concluded the Sales Agreement has the right to withdraw from the Agreement within 14 days without giving any reason (subject to the provisions below).
- The deadline to withdraw from the Sales Agreement expires after 14 days from the date on which the Customer, the Customer’s household member or a third party indicated by him, collected the parcel with the Goods from the Supplier.
- In order to effectively withdraw from the Sales Agreement, the Customer must submit to the Seller a written and unequivocal statement of this withdrawal, which should be sent by post to the address of the Seller’s warehouses (Magazyn Cursor SA ul. Lubińska 10, code 05-532, Baniocha, with the note Berani) or send the statement by post electronically (addresses are provided in Chapter I of the Regulations). The Customer’s declaration must contain the information indicated in the form of withdrawal from the Sales Agreement, the statutory template of which is attached to the Regulations.
- The customer may (but is not obliged to) use the form referred to above to submit a declaration of withdrawal.
- In the event of withdrawal from the Sales Agreement, it is considered void.
- In the event of sending a declaration of withdrawal from the Agreement, the Seller shall immediately send the Customer, on a durable medium, e.g. by e-mail, confirmation of receipt of this declaration.
- To meet the deadline to withdraw from the Sales Agreement, it is sufficient for the Customer to send the said statement before the deadline referred to in point 2 above.
- In the event of withdrawal from the Sales Agreement, the Seller returns to the Customer the entire amount due and the costs of delivering the Goods in the amount of the cheapest standard shipping method offered by the Seller.
- The refund will be made immediately, but not later than 14 days from the date on which the Seller received a declaration of withdrawal from the Sales Agreement from the Customer (subject to the provisions of point 12 below).
- The reimbursement will be made using the same payment method that was used by the Customer when paying for the purchased Goods, unless the Parties agree on a different solution.
- The Customer is obliged to return the Goods to the Seller at his own expense, but not later than within 14 days from the date on which he withdrawn from the Sales Agreement, by mail or other agreed carrier. The returned Goods should be delivered or sent to the following address: Magazyn Cursor S.A ul. Lubińska 10, code 05-532, Baniocha, with a note Berani.
- The Seller may withhold the reimbursement of the amount due to the Customer until the Goods are returned or the Customer provides proof of their return, whichever occurs first.
- The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.
- Until the Goods are collected, the Customer has a contractual right to withdraw from the Sales Agreement in accordance with Art. 395 of the Civil Code. The Customer may exercise this right by submitting a declaration to the Seller. The above contractual right of withdrawal is independent, does not infringe or limit the right to withdraw from the Agreement within 14 days under the Act on consumer rights, described in point 1 and 2 above.
VI. TERMS AND CONDITIONS OF THE SALE AGREEMENT BY THE SELLER
- If the Customer chooses the payment method in the PayU system – the Seller may withdraw from the Sales Agreement, if the amount due does not affect his account within 7 days from the date of the Sales Agreement.
- The Seller’s declaration of withdrawal from the Sales Agreement is sent to the Customer by e-mail.
VII. COMPLAINT PROCEDURE CONCERNING GOODS
- The Seller is liable to the Customer (who is a consumer within the meaning of Art. 22  of the Civil Code) under the warranty for defects to the extent specified in the Civil Code.
- If the Product has a defect, the Customer may:
- submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with one free from defects. This limitation does not apply if the Product has already been replaced by the Seller or the Seller has not fulfilled the obligation to replace the Product with a Product free from defects.
- demand replacement of the defective Product with a Product free from defects. The Seller is obliged to replace the defective Product with a Product free from defects within a reasonable time without undue inconvenience to the Customer.
- The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of replacement are borne by the Seller.
- Complaints should be sent to the following address of the Seller’s warehouses: Magazyn Cursor S.A ul. Lubińska 10, 05-532, Baniocha, with a note Berani. The seller will consider them within 14 days.
- In the case of a Customer who is a Consumer, the cost of delivery of the advertised Goods is covered by the Seller.
VIII. COMPLAINT PROCEDURE CONCERNING THE PROVISION OF ELECTRONIC SERVICES
- The Seller ensures that he will take steps to ensure that the Store works properly, taking into account the current state of technical knowledge and the hardware and software used, removing any possible irregularities reported by customers.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller, in particular irregularities related to the functioning of the Store. Customers may submit complaints in writing to the address of the Seller’s warehouses (Cursor S.A, ul. Lubińska 10, code 05-532, Baniocha, with a note Berani or address: firstname.lastname@example.org, specifying their description and date of occurrence.
- The Seller undertakes to consider each such complaint within 14 days or another date of which he informs the Customer. The seller will remove the indicated irregularities as soon as possible technically.
IX. RULES OF SUBMISSION AND USE OF THE DISCOUNT CODE
1. The rebate code is made available in the form of an e-mail sent to the customer’s e-mail address or by making the rebate code available during a promotion organized by the store.
2. The use of the sent rebate code depends on the customer. The customer has the option not to use the rebate code provided, in such a situation it is enough not to enter the rebate code provided in the basket when shopping in the store.
3. To use the rebate code provided by the Seller, enter the sequence of characters in the “Apply rebate code” field when placing an order on the Store’s website.
4. Entering the rebate Code in the item 3 field will reduce the value of the ordered goods by a percentage or amount of the rebate code provided to the customer.
5. Discount codes do not add up. Only one Rebate Code can be used in an order.
6. The Seller has the right to refuse to redeem the rebate code in the event of its expiry date. Thus, the rebate code expires upon its expiry date.
X. DATA PROCESSING
In order to ensure the best functioning of our website, and to present you with an offer tailored to your preferences and interests as much as possible, we collect data obtained while browsing the website www.beranicosmetics.com, such as:
1. Information about the device you are using,
2. Applications used for browsing,
3. Methods of using the website,
4. Locations as well as information contained in “cookies”.
Google Analytics (more information at policies.google.com/privacy, browser add-on to block Google Analytics – tools.google.com),
QuarticON (more information at quarticon.com/privacy-statement),
Facebook (more information at pl-pl.facebook.com/privacy/explanation),
Clickonometrics (more info at ccx360.com),
TradeTracker (more information at tradetracker.com/pl/privacy-policy),
Inis (more information at inis.pl/polityka-prywatnosci/),
Google Ads (more information at policies.google.com/privacy),
Onaudience (more information at Onaudience.com/privacy-policy),
Adform (more information at adform.pl),
Google Marketing Platform (more information at policies.google.com/privacy).
- Return form
Form for withdrawal from the Sales Agreement by the Customer of the consumer of Berani products
Berani Sp. z o.o.
Magazyn Cursor S.A ul. Lubińska 10, 05-532 Baniocha
I hereby inform about my withdrawal from the Sales Agreement for the following items:1. …………………………………………………………………………………………
The date of conclusion of the contract……………..
Data odbioru rzeczy: ……………………………….
Name and surname: ……………………………………………………………………….