TERMS AND CONDITIONS OF THE ONLINE STORE
multiverse.spa

 

Online store operating under the address www.multiverse.pl conducted by Jadwiga Sobolewska-Dominiak as part of the business activity under the name MULTIVERSE JADWIGA SOBOLEWSKA-DOMINIAK, entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, with its registered office at 2 Chemików Street, Warehouse 1, 62-030 Luboń, NIP: 8551597759, REGON: 381193015, hereinafter referred to as "Seller".

The Vendor has designated an electronic point of contact for direct communication with Member State authorities, the Commission, the Digital Services Board: shop@multiverse.spa. The same point of contact can be used by any customer to communicate directly and quickly with the Seller. The Seller can also be contacted in writing, at his address: 2 Chemików Street, Warehouse 1, 62-030 Luboń or by using the contact form on the website. Communication may be conducted in Polish.

§ 1 GENERAL PROVISIONS

  1. The following meaning for the words is established:
    • REGULATIONS - these rules and regulations,
    • CUSTOMER - a natural person, legal person or organizational unit without legal personality but with legal capacity, who, under the terms of these Regulations, places an Order in the Online Store,
    • ENTREPRENEUR WITH CONSUMER PRIVILEGES - a natural person with the status of an entrepreneur, registered in the CEIDG register, making an Order in the framework of his business activity, but without relation to the professional nature of this activity. This status applies only to customers with a place of delivery or registered office in Poland.
    • CONSUMER - A customer who is a natural person using the Online Store for the purpose not directly related to his/her business or professional activity,
    • GOOD, PRODUCT - a movable item, presented in the Online Store, to which the Sales Agreement applies,
    • CONTRACT OF SALE - a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the website of the Store,
    • INTERNET STORE (SHOP) - Internet service available at www.multiverse.pl, through which the Customer may place an Order,
    • ORDER - the Customer's declaration of intent, specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.
  2. The object of the Store is to sell products currently in the assortment and to enable the Customer to place Orders for the offered products through the website. The use of this service is possible after registration and logging in of the Customer in the Store or through a properly completed Order form without logging in. The Store allows free browsing of the Store's assortment of products on the product pages.
  3. Sales are made via the Internet between the orderer as the buyer and the Store as the Seller.
  4. Each customer purchasing products offered by the Store is obliged to familiarize himself with the content of these Regulations.
  5. In order to improve communication for potential and current customers, it is recommended to use the appropriate information tab first.
  6. All content contained in the Store, especially blog content and those on cosmetic issues, is for informational purposes only and does not constitute or replace medical or pharmaceutical advice or contact with a cosmetologist. Before using any of the products offered, you should carefully read their description and the content of the leaflet attached to them, and in the case of cosmetics, consult a doctor or pharmacist or seek professional advice from a cosmetologist.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

  1. Technical requirements necessary to use the services of the Store:
    • Internet connection,
    • correctly configured browser,
      • Samsung Internet version 10 or later with JavaScript and Cookies enabled, or
      • Microsoft Edge version 17 or later with ActiveX, JavaScript and Cookies enabled, or
      • Mozilla Firefox version 70 or later with JavaScript and Cookies enabled, or
      • Opera version 60 or later with Java applets, JavaScript and Cookies enabled, or
      • Google Chrome version 70 or later with JavaScript applets and Cookies enabled, or
      • iOS Safari version 12 or later with JavaScript and Cookies enabled.
    • A current, active and properly configured e-mail account,
    • A monitor with a resolution of no less than 360×640 px for phones, 768×1024 px for tablets and 1366×768 px for computers.
    • Cookies and Java Script enabled
    • PDF reader program.
  2. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the correct functioning of the service and stipulates that this may adversely affect the quality and progress of the Ordering procedure.
  3. The Store does not use automated decision-making as part of its operation. Relatively, the Store may use profiling for direct marketing purposes, but the decisions made on its basis by the Store do not concern the conclusion or refusal of a contract, or the possibility of using electronic services. The effect of the use of profiling may be, for example, to give a person a discount, to send him or her a discount code, to send a product proposal that may match the person's interests or preferences, or to offer better terms compared to a standard offer. Despite the profiling, it is the person who freely decides whether to take advantage of the discount or better terms received in this way and make a purchase.
  4. A Customer may subscribe to the Store's newsletter, i.e. a periodic dispatch of information about the Store's products and services. In order to subscribe to the newsletter, the Customer enters his/her e-mail address in the newsletter form located on the Store's website, at the same time confirming consent to the processing of his/her personal data for this purpose and directing promotional content to the provided e-mail. Messages sent as part of the newsletter will include information about the possibility of unsubscribing from it, as well as a link to unsubscribe. The customer may unsubscribe from the newsletter, without giving any reason or incurring any cost, at any time by submitting an unsubscribe statement via the Store's e-mail: shop@multiverse.spa or by selecting the unsubscribe link in the e-mail message delivered with the newsletter.

§3 CONTENT SECURITY

  1. It is prohibited for Customers to provide content that is unlawful or otherwise inconsistent with the Regulations. Such content is considered to be, among other things, content that:
    • are incompatible with the subject matter of the Store - statements should be related to the content appearing within the Store, i.e. issues related to the products offered and their use;
    • concern technical issues related to the functioning of the Store - technical issues should be reported by Customers electronically to the Store's e-mail address;
    • contain links leading to other sites or files;
    • are used to conduct unauthorized advertising, promotional, marketing activities, in particular, through the placement of advertisements, sales and promotion of products, services, projects, collections.
    • are used to conduct activities prohibited by law, such as attempts to defraud and defraud other customers;
    • incite violence against any living being, including animals, or praise such violence;
    • propagate any fascist or other totalitarian state system;
    • incite or praise hatred or dangerous behavior;
    • defame or insult or in any way violate the welfare of third parties;
    • contain vulgarities or other content of an offensive nature;
    • violate the applicable legal order or good morals in other ways.
  2. In case of violation of the above guidelines, the Store reserves the right to moderate and remove such content without notifying the posting party. Posting the content indicated above in the Store will result in the consequences provided for in these Terms and Conditions, including even removal of the account from the Store or making purchases therein impossible.
  3. A customer who considers a particular content in the Store to be illegal or inconsistent with the Terms and Conditions may send a report to the Store regarding it. Such a report should be submitted electronically and should include an indication of the specific content, arguments for its removal and data of the submitter allowing for its identification. Anonymous appeals will not be considered.
  4. Applications will be processed within 14 days of receipt. The applicant will receive confirmation of receipt of the application. The Store will notify the Customer of its decision by e-mail or in writing.
  5. The Store's decision may be to remove the content or leave it in the Store.
  6. The parties may appeal the decision of the Store within 14 days after receiving the reasons for its removal. The decision on the appeal is final.

§ 4 REGISTRATION

  1. Registration in the Store is free of charge and optional.
  2. Registration in the Store is made on the basis of a properly completed registration form, in which the Customer provides the necessary identification data (name, surname), e-mail address and password; the accepted, current Rules of the Store and a statement of consent to the processing of personal data to the extent necessary for the proper implementation of the Customer's Orders. Account registration can also be done by unchecking the appropriate box in the process of placing an Order. A message confirming the creation of an account will be sent to the Customer's e-mail address placed in the registration form. Upon receipt of the message confirming registration, a contract for account maintenance between the Customer and the Store is concluded.
  3. After registering with the Store, logging in is done using the data provided in the registration form or changed based on a subsequent request by the Customer.
  4. In order to remove the Customer's account from the Store (termination of the contract), send an e-mail message with a request to remove the account to the e-mail address: shop@multiverse.spa with the identification data of the Customer currently registered in the Store or select the appropriate option in the account settings. The above does not apply to situations in which the Store is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the contract will occur when the Order in question is processed.
  5. The Store allows placing Orders without registering and logging in the Store. For this purpose, each time in the process of placing an Order, the Customer is obliged to fill in an electronic form by entering the data required by the Store necessary for its identification and the conclusion and execution of the Sales Contract (first and last name, electronic mail address (e-mail), telephone number - optionally, delivery address). The Customer is obliged to accept the current Terms and Conditions together with a statement of consent to process personal data for the purposes of the Order. Failure to register with the Store means that the Customer does not have a Customer account, which allows access to automatic tracking of the Order.

§ 5 ORDERS

  1. Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. The Customer, by placing an Order, makes an invitation to conclude a contract of sale of the ordered Products in the Store. The process of ordering the Product begins with the confirmation of the features of the provision through the Product Page. The Customer is informed about the expected time of execution of the Order, the availability of the product, the price and methods of payment, as well as possible delivery options. In order to deliver the product, the Customer is required to provide his address data or verify it if he has previously registered an account. Before placing an order (by using the "Order and pay" button), the Customer confirms that he/she has familiarized himself/herself with these Terms and Conditions, together with consent to the processing of personal data for the purposes of the Order.
  3. The confirmation of the Order sent by the Store to the e-mail address provided by the Customer constitutes a statement of acceptance of the invitation referred to above. If, before the confirmation of the Order (the "Order and pay" button), the Customer terminates the use of the service in question and leaves the Store, the contract will not be concluded.
  4. A customer purchasing as an entrepreneur, is required to provide the VAT number when placing an Order, otherwise it is assumed that he buys as a Consumer.
  5. Assessment whether a Customer who is an entrepreneur entered in the register of CEIDG has the status of an Entrepreneur with the rights of a consumer is made by the Store on a case-by-case basis and based on the Customer's statements, if any, made in the course of ordering Products
  6. In order to place an Order, the Customer is required to make a selection, from among the products available in the Store: the products ordered, the method of delivery, the method of payment and indicate the delivery address. The selection is made by: selecting the product and adding it to the shopping cart.
  7. The Customer may select an unlimited number of Products for an Order from the quantity of a given Product available for Orders, and will receive a summary of the selected Products in the Shopping Cart after proceeding to the Cart. If the quantity of Products is limited, the Store will mark such information on the product page.
  8. If the Products covered by the Order are unavailable in the Store's warehouse, at the Store's suppliers or for other reasons and it is not possible to fulfill the Customer's Order, the Store will notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he agrees to carry out the Order within the period proposed by the Store or withdraws from the contract. If it is not possible to carry out part of the Order as mentioned above, the Customer is informed about the status of the Order and decides how to carry it out. The Customer can choose between:
    • partial fulfillment - the Customer's choice of this option results in the fulfillment of the Order concerning only available Products;
    • cancellation of the entire Order (withdrawal).
    In the event of withdrawal from the contract, the Store will return to the Customer the amount paid for the price. Notification will be sent to the e-mail address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of the notification, the Order will be cancelled in the part of the Products not available.

§ 6 PRODUCT PRICE AND FORMS OF PAYMENT

  1. The price listed next to each Product is binding at the time the Customer places the Order. The prices of Goods displayed on the Store's website include VAT (if VAT is charged due to the place of delivery of the Goods) and do not include delivery costs. The price may include an individually calculated discount or rebate, assigned to the Customer in an automated manner - this information is provided in the summary of the Order.
  2. Delivery of goods is carried out in the following options offered in the Store:
    • through a courier company (based on the options offered by the Apaczka portal),
    • via Parcel Machines from InPost.
    Information on delivery costs is available in the ordering process before placing such Order.
  3. Delivery costs will be included in the prices of the Products depending on the goods ordered and the Customer's choice of delivery method when placing the Order.
  4. The Seller provides the Customer with the following methods of payment for the Products:
    • Traditional transfer,
    • Electronic and credit card payments via Przelewy24.pl - payment service is provided by PayPro Spółka Akcyjna with registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with the share capital of PLN 5,476,300.00, fully paid up, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the UKNF number IP24/2014.
    • Electronic payments via PayPal virtual wallet system - payment service is provided by PAYPAL POLSKA SPÓŁKA Z O.O. KRS: 0000289372, NIP: 5252406419, REGON 14110822500000 with registered office: 53 Emili Plater Street, 00-113 Warsaw,
  5. The seller does not process payments in the "cash on delivery" option.
  6. If an Order is made and a payment option other than cash on delivery is selected and the payment for this Order is not credited within 7 (seven) days, the Order is cancelled. After three (3) working days from the completion of the Order, if the payment is not credited, the Customer will receive an e-mail reminder to make the payment.
  7. The release of the Order shall take place at the time specified in the confirmation of the Order and accepted in advance by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page, the Store states the expected shipping time of the Order.
  8. In the case of certain Products or reaching a certain value of the Order, the cost of delivery shall be borne by the Store, of which the Customer shall be informed each time before placing the Order.
  9. The Store on the Website may announce promotions for Products. Then, if the Customer has a discount coupon, he/she may use it - within the scope of the applicable promotion - by entering the discount code after going to the shopping cart and clicking "Add". The Store's system, after verifying the discount code, will include it in the settlement of the Order, which will be automatically reflected by changing the price of the Order or adding other discount options depending on the type of discount coupon.

§ 7 COMPLAINTS

  1. The store is obliged to deliver the Product in accordance with the contract and without defects, and to duly perform the agreed services.
  2. If the delivered goods are found to be defective, the Customer may, at his choice, exercise his warranty rights, if a warranty has been granted, and his warranty rights from the Seller. Warranty rights and warranty rights are independent of each other.
  3. The Store shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the Product, as determined by the Store, its legal predecessors or persons acting on their behalf, is longer. In doing so, the lack of conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the Product, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
  4. In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Store is liable under warranty and/or contractual liability for services rendered. It is excluded in relation to the Customer with other status.
  5. The product is in conformity with the contract if, in particular, its conformity remains:
    • Features such as description, type, quantity, quality, completeness and functionality;
    • Suitability for the specific purpose for which it is needed by the Customer, which the Customer notified the Store at the latest at the time of the conclusion of the contract and which the Store accepted.
    • Suitability and suitability for the purposes for which a Product of this type is normally used, taking into account applicable laws, technical standards or good practices;
    • quantity and features, including durability and safety, that are typical for a Product of this type and that the Customer can reasonably expect given the nature of the Product;
    • The method of delivery including packaging, accessories and instructions that the customer can reasonably expect to receive;
    • Quality, which must recount the same quality as the sample or design that the Store made available to the Customer prior to the conclusion of the contract, and correspond to the description of such sample or such design.
  6. If the delivered product or provided services are found to be defective, the Customer may file a complaint and inform the Store about the observed irregularities and document the irregularities in order to verify the objections. A complaint can be submitted electronically or in writing to the address of the Store.
  7. The store undertakes to consider the complaint within 14 days from the date of its filing and to inform the customer of the resolution and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on any other permanent medium.
  8. If the Product is not in conformity with the contract, the Customer may demand its repair or replacement. The store may replace the goods if the Customer has requested its repair or repair it if the Customer has requested its replacement only if bringing the goods into conformity with the contract in the way originally chosen by the Customer is impossible or would require incurring excessive costs. If repair and replacement are impossible or would require excessive costs for the trader, he may refuse to bring the goods into conformity with the contract. In such a case, the customer may submit a statement to reduce the price or withdraw from the contract. In assessing the excessive cost to the Store, all the circumstances of the case are taken into account, in particular the significance of the non-conformity of the Product with the contract, the value of the Product in conformity with the contract and the excessive inconvenience to the Customer caused by the change in the manner of bringing the Product into conformity with the contract.
  9. The customer may submit a statement of price reduction or withdrawal from the contract, if the Product is not in conformity with the contract, when:
    • The store refused to bring the Product into conformity with the contract;
    • The store failed to bring the Product into conformity with the contract;
    • the lack of conformity of the Product with the contract continues, despite the fact that the Store has tried to bring the Product into conformity with the contract;
    • the lack of conformity of the Product with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the contract;
    • it is clear from the Store's statement or circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
  10. The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods. The store shall return the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the customer's statement on price reduction.
  11. The customer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
  12. The Store is obliged to repair or replace within a reasonable time from the moment it is informed by the Customer of the non-conformity with the contract, and without undue inconvenience to the Customer, taking into account the specifics of the goods and the purpose for which the Customer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Store. The Customer is obliged to make the Product subject to repair or replacement available to the Store. The Store shall collect the goods from the Customer at its own expense, and if the goods were installed before the nonconformity became apparent, the Store shall dismantle and reinstall the goods after repair or replacement, or shall have these activities performed at its expense. The Store does not accept shipments sent back cash on delivery. In some cases, it is not necessary to send the advertised Product, and the Store may stop at the visual inspection of the photos provided by the Customer, which it will inform the Customer about after receiving the complaint notification.
  13. The customer is not obliged to pay for the mere use of the goods, which were subsequently replaced.
  14. If the lack of conformity applies only to some of the goods delivered under the contract, it may withdraw from the contract only with respect to those goods and also with respect to other goods purchased by the Customer together with the non-conforming goods, if the Customer cannot reasonably be expected to agree to keep only the conforming goods
  15. In the event of withdrawal from the contract, the Customer shall immediately return the goods to the Store at its expense. The store shall return the price to the Customer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return, using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not entail any costs for him.
  16. In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to consider a complaint, the Customer, being a Consumer, has the right to use out-of-court means of handling complaints and pursuing claims. The customer may use mediation or amicable courts by providing the institution before which the proceedings will be held with an appropriate form - a request for mediation or a request for consideration of the case before an amicable court. A list of sample institutions with contact information is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/ odr the Consumer has access to resolve consumer disputes electronically through the EU online platform (ODR platform). Such right is not available to the Entrepreneur with consumer rights.

§ 8 RIGHT OF WITHDRAWAL

  1. A Customer who is a Consumer or a Business with the rights of a Consumer, may withdraw from the contract without giving any reason within 14 days from the date of receipt of the shipment. He should then make a statement of withdrawal from the contract and return the Goods to the Store. To submit a statement of withdrawal, you can use the withdrawal form included in the appendix to the Regulations. The deadline is considered to be met if the Consumer or Entrepreneur with consumer rights sends a statement of withdrawal in writing to the Seller's address or by e-mail to: shop@multiverse.spa, no later than on the last day of the 14-day period. The Seller, upon receipt of the statement of withdrawal in electronic form to the above-mentioned e-mail or postal address, will immediately confirm its receipt by sending information to the withdrawing party's e-mail address. The declaration of withdrawal submitted after the aforementioned period has no legal effect.
  2. The Goods should be returned in an unaltered and complete condition, without traces of use, unless the change was necessary within the limits of ordinary management, i.e. the Consumer or Entrepreneur with consumer rights should deal with the Goods with a view to the necessity of its possible subsequent return. He shall be liable for the diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. If the returned Goods are incomplete or bear traces of use beyond the ordinary management of the thing, the Store reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent of the damaged goods, at the Store's choice.
  3. The right of the Consumer or Entrepreneur on the consumer's right to withdraw from the contract does not apply if the subject of the Order, among other things, is a contract:
    • for the provision of services for which the consumer is liable to pay the price, if the trader has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the trader will lose the right to withdraw from the contract, and has accepted this;
    • in which the object of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs;
    • in which the object of performance is goods that are perishable or have a short shelf life;
    • in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
    • in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things;
  4. Returned Goods should be sent back within 14 days of withdrawal from the contract at the latest, together with a statement of withdrawal to the address of the Store's warehouse, i.e. Chemików 2 Street, Warehouse 1, 62-030 Luboń. The Consumer or Entrepreneur with consumer rights shall bear only direct costs of returning the Product to the Store (return costs).
  5. In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, will be transferred to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt by the Store of the statement of withdrawal from the contract.
  6. Refunds of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits, before the refund is made, another refund instruction that does not generate additional costs for him (e.g., in the statement of withdrawal).
  7. The store may withhold reimbursement of payments received from the Buyer until the ordered goods are received back from the Buyer or the Buyer provides proof of their return, whichever event occurs first.

§ 9 PROTECTION OF PERSONAL DATA

Provisions regarding the protection of customers' personal data by the Seller are contained in the Privacy and Cookies Policy posted on the Store's website.

§ 10 COPYRIGHT

The Terms and Conditions and all content placed in the Store, including photos and descriptions, are subject to copyright under the Act of February 4, 1994 on Copyright and Related Rights and are protected by law. Any copying, duplication, dissemination or elaboration of them, in whole or in part, by any methods, devices, techniques, without the written consent of the Store is prohibited.

§ 11 FINAL PROVISIONS

  1. For each Product sold by the Store, a VAT invoice or other settlement document is issued in accordance with applicable tax regulations. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions shall at the same time constitute consent to send invoices in electronic form.
  2. The applicable law is Polish law. Disputes arising between the Customer and the Seller shall be resolved by a court having jurisdiction over the Seller's registered office, with the proviso that with respect to Consumers, such disputes shall be resolved before a court having jurisdiction according to the rules of civil procedure. These Regulations are subject to the provisions of Polish law and will be interpreted in accordance with them. These Terms and Conditions do not limit any of the consumer's rights to protection that you may be entitled to under the mandatory laws of your country of residence.
  3. The Seller reserves the right to change the Terms and Conditions. The Seller will notify registered Customers of the change in the Terms and Conditions by e-mail with the right to terminate the contract within 14 days. Amendments to the Terms and Conditions become effective 14 days after the notification. Orders placed before the effective date of amendments to these Regulations will be executed in accordance with the regulations in effect on the date of their placement.

Appendix No. 1 - Model form for withdrawal from the contract of sale at a distance