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Terms and Conditions

Terms and Conditions of the Online Store

The Online Store www.lart-shop.com respects consumer rights. Consumers may not waive the rights granted to them under the Consumer Rights Act. Any contractual provisions less favorable to the consumer than those stipulated in the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted by mandatory provisions of law, and any doubts shall be resolved in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the applicable legal regulations, the legal regulations shall prevail.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.lart-shop.com is operated by VK COSMETICS SP. Z O.O. (registered office and correspondence address: ul. Rolnicza 38E, 34-300 Żywiec), NIP: 5532596119, REGON: 540511946, KRS 0001146165 bank account number: 50114020040000351224045516 at BRE Bank (SWIFT: BREXPLPWMBK), email address: zamowienia@lartnails.com, phone number: +48 882 771 681.

1.2. These Terms and Conditions are addressed to both consumers and businesses using the Online Store, unless a specific provision indicates otherwise.

1.3. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the duration, and on the basis of principles described in the privacy policy published on the Online Store website. The privacy policy contains detailed rules regarding the processing of personal data by the Administrator in the Online Store, including the legal bases, purposes, periods of processing, and the rights of the data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer using the Online Store is voluntary, subject to exceptions stated in the privacy policy (e.g., contract conclusion or legal obligations of the Seller).

1.4. Definitions:

DIGITAL SERVICES ACT, THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

BUSINESS DAY – any day from Monday to Friday excluding public holidays.

REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows the Customer to place an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed in the Online Store are stored.

NEWSLETTER – an Electronic Service, a distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

ILLEGAL CONTENT – information that, in itself or by reference to an act, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or with the law of any Member State that is consistent with European Union law, regardless of the specific subject matter or nature of such law.

PRODUCT – an item available in the Online Store that may be: (1) a movable item, (2) a service, or (3) a right, which is the subject of a Sales Agreement between the Customer and the Seller.

TERMS AND CONDITIONS – these terms and conditions of the Online Store.

ONLINE STORE – the Service Provider’s online store available at the following website: www.lart-shop.com

SELLER, SERVICE PROVIDER – VK COSMETICS SP. Z O.O. (registered office and correspondence address: ul. Rolnicza 38E, 34-300 Żywiec), NIP: 5532596119, REGON (if applicable – please provide if needed), bank account number: 50114020040000351224045516 (BRE Bank, BIC/SWIFT: BREXPLPWMBK), e-mail address: zamowienia@lartnails.com, phone number: +48 882 771 681.

SALES AGREEMENT – (1) a product sales agreement (in the case of movable items), or (2) an agreement for the provision or use of a Product (in the case of services and other Products), concluded or to be concluded between the Customer and the Seller via the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store, which is not a Product.

SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who uses or intends to use an Electronic Service.

CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).

ORDER – a declaration of intent by the Customer made via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

Account – Use of the Account is possible after the Service Recipient completes the following three steps: (1) filling out the Registration Form, (2) clicking the "Register" button, and (3) confirming the desire to create an Account by clicking the confirmation link automatically sent to the provided e-mail address. The Registration Form requires the Service Recipient to provide the following data: e-mail address and password. The Account can also be created using login credentials from the Customer's profile on an external online platform (e.g., Facebook, Google). In such cases, the Account in the Online Store is created upon successful login via the selected platform.

The Electronic Service "Account" is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing any reason, delete the Account (resign from the Account) by submitting an appropriate request to the Service Provider, in particular via e-mail to: zamowienia@lartnails.com or in writing to the following address: ul. Rolnicza 38E, 34-300 Żywiec, Poland.

Order Form – Use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Customer completes the following two steps: (1) filling out the Order Form and (2) clicking the "Confirm Purchase" button on the Online Store website after completing the Order Form. Until that moment, it is possible to modify the entered data independently (follow the prompts and information displayed on the Online Store website). The Order Form requires the Customer to provide the following data: full name, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number, and data related to the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery, and method of payment. For Customers who are not consumers, it is also necessary to provide the company name and VAT ID number.

The Electronic Service "Order Form" is provided free of charge and is one-time in nature – it ends when an Order is placed through it or when the Service Recipient discontinues the Order process.

Newsletter – Use of the Newsletter service takes place after the Service Recipient provides their name and e-mail address in the "Newsletter" section visible on the Online Store website – the address to which subsequent editions of the Newsletter are to be sent – and clicks the highlighted action button (e.g., “Join”). One may also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – upon Account creation or Order placement, the Service Recipient is subscribed to the Newsletter.

The Electronic Service "Newsletter" is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing any reason, unsubscribe from the Newsletter by submitting an appropriate request to the Service Provider, in particular via e-mail to: zamowienia@lartnails.com or in writing to the address: ul. Rolnicza 38E, 34-300 Żywiec, Poland.

2.2. The technical requirements necessary for cooperation with the ICT system used by the Service Provider are:
(1) a computer, laptop, or other multimedia device with Internet access;
(2) access to e-mail;
(3) an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge;
(4) recommended minimum screen resolution: 1024x768;
(5) enabled cookies and JavaScript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, with due regard for the personal rights, copyright, and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data that is true and accurate. It is forbidden to supply unlawful content, including Illegal Content.

2.4. The complaint procedure related to Electronic Services is specified in Section 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order via the Order Form available in the Online Store, in accordance with Section 2.1.2 of these Terms and Conditions.

3.2. The price of the Product or the fee for the Product displayed on the Online Store website is shown in Polish zloty (PLN) and includes taxes. The Customer is informed of the total price or total fee including taxes, or – where the nature of the Product does not reasonably allow prior calculation of such price – the manner in which the price will be calculated, as well as about the delivery costs (including transport, delivery, or postal service fees), and any other additional costs, or if such costs cannot be determined – the obligation to pay them. This information is provided on the Online Store website, including during the Order placement process and at the time the Customer expresses their will to conclude the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store via the Order Form

The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store in accordance with Section 2.1.2 of these Terms and Conditions.

Once the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of Order receipt and its acceptance for processing is provided by sending the Customer an appropriate e-mail to the address provided during the Order placement process. The e-mail includes at least the Seller’s statements confirming receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is deemed concluded once the Customer receives this e-mail.

3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer through:
(1) making these Terms and Conditions available on the Online Store website, and
(2) sending the Customer the e-mail referred to in Section 3.3.
The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:

  • Bank transfer to the Seller’s bank account.

  • Electronic payment via PayPal.com – current available payment options are listed on the Online Store website in the information section regarding payment methods and during the Order placement process, as well as on the website: https://www.paypal.com.

Payments made via PayPal are processed by:

PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor, 22–24 Boulevard Royal, L-2449 Luxembourg.

No other forms of payment (including cash, card, deferred payment, or intermediary services like Autopay or Przelewy24) are supported by the Online Store.

5. COST, METHODS, AND TIME OF DELIVERY OF THE PRODUCT

5.1. Product delivery is available within the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is subject to a fee, unless otherwise stated in the Sales Agreement. Delivery costs (including fees for transport and courier services) are indicated to the Customer on the Online Store website during the Order placement process, including at the moment the Customer expresses their intention to conclude the Sales Agreement.

5.3. Personal collection of the Product by the Customer is not available.

5.4. The Seller offers the Customer the following method of Product delivery:

  • Courier shipment via UPS.

No other delivery methods are available (e.g., postal delivery, parcel lockers, cash on delivery, or personal pickup).

5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter delivery time is specified in the Product description or during the Order process. For Products with varying delivery times, the delivery time is the longest one stated, not exceeding 7 Business Days. The start of the delivery time is calculated as follows:

  • In the case of payment by bank transfer or PayPal – from the date the Seller’s bank account is credited.

5.6. Not applicable – personal pickup is not available.

5.7. If the Product includes a service, the method, time, and scope of service provision are determined in each case by the Product description on the Online Store website, and if needed, further clarified through individual arrangements between the Customer and the Seller after the Sales Agreement is concluded.

5.8. If the Product includes a right (e.g., participation in a training or another event), the Seller shall deliver a document confirming such right (e.g., a ticket granting access to the event as described) in digital form via e-mail to the address provided in the Order, unless another delivery method is specified in the Product description or during the Order process. Regarding delivery time via e-mail, the provisions of Section 5.5 of these Terms and Conditions apply accordingly.

6. COMPLAINT HANDLING PROCEDURE

6.1. This section of the Terms and Conditions sets out the unified procedure for handling all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other matters related to the operation of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

  • In writing to the following address: ul. Rolnicza 38E, 34-300 Żywiec, Poland;

  • Electronically via e-mail to: zamowienia@lartnails.com.

6.3. Products being returned or sent as part of a complaint should be sent to: ul. Rolnicza 38E, 34-300 Żywiec, Poland.

6.4. It is recommended that the complaint include the following: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the issue or non-conformity with the agreement; (2) a request for bringing the Product into conformity with the agreement, a price reduction, withdrawal from the agreement, or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the complaint review process. These recommendations are not mandatory and do not affect the validity of complaints submitted without them.

6.5. If the contact details provided by the person submitting the complaint change during the complaint process, they are required to notify the Seller accordingly.

6.6. The complainant may attach evidence (e.g., photos, documents, or the Product itself) related to the subject of the complaint. The Seller may also request additional information or evidence (e.g., photographs) if this helps in more efficiently processing the complaint.

6.7. The Seller shall respond to the complaint promptly, no later than within 14 calendar days from the date of receipt.

6.8. The legal basis and scope of the Seller's liability are defined by applicable legal provisions, in particular the Civil Code, the Consumer Rights Act, and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended). Additional information regarding the Seller’s statutory liability for Product conformity with the Sales Agreement is provided below:

  • In the case of a Product (movable item) purchased by the Customer under a Sales Agreement concluded on or before December 31, 2022, the provisions of the Civil Code in the version applicable up to that date shall apply, in particular Articles 556–576. These provisions define the basis and scope of the Seller’s liability in the event that the sold Product has a physical or legal defect (statutory warranty). Under Article 558 §1 of the Civil Code, statutory warranty liability is excluded in relation to Customers who are not consumers.

  • In the case of a Product (movable item) purchased under a Sales Agreement concluded on or after January 1, 2023, the provisions of the Consumer Rights Act in the version applicable from that date shall apply, in particular Articles 43a–43g. These regulations define the basis and scope of the Seller’s liability in the event of non-conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a commercial warranty may be offered for a Product – this is a contractual (additional) form of liability that may be invoked if a particular Product is covered by such a warranty. The warranty may be granted by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms of the warranty, including the identity of the party responsible for its fulfillment and the party entitled to use it, are specified in the warranty description, e.g., in the warranty card or other related documentation. The Seller emphasizes that in case of non-conformity of the Product with the agreement, the Customer is entitled by law to legal remedies at the Seller’s expense, and the warranty does not affect these statutory rights.

6.10. The provisions set out in Section 6.8.2 concerning consumers shall also apply to a Customer who is a natural person concluding a contract directly related to their business activity, where it is clear from the content of the contract that it does not have a professional character for that person, as determined in particular by the subject of their business activity made available in accordance with the Central Registration and Information on Business (CEIDG).

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES FOR ACCESSING THESE PROCEDURES

7.1. Out-of-court methods for resolving disputes include, among others:
(1) enabling the parties to reach an agreement, e.g. through mediation;
(2) proposing a solution to the dispute, e.g. through conciliation; and
(3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration.
Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court complaint and redress mechanisms, as well as the rules for accessing these procedures and a user-friendly search tool for entities dealing with amicable dispute resolution, are available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the Office of Competition and Consumer Protection, whose tasks include providing consumers with information on out-of-court settlement of consumer disputes. The consumer can contact the contact point:
(1) by phone – by calling +48 22 55 60 332 or +48 22 55 60 333;
(2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl;
(3) in writing or in person – at the UOKiK headquarters, Plac Powstańców Warszawy 1, 00-030 Warsaw, Poland.

7.3. A consumer has the following example options for using out-of-court complaint and redress mechanisms:
(1) submitting an application to a permanent consumer arbitration court;
(2) submitting a request for out-of-court dispute resolution to the Provincial Inspector of Trade Inspection (WIIH);
(3) seeking assistance from the district (municipal) consumer ombudsman or a consumer protection organization, such as the Consumer Federation or the Polish Consumers Association.
Consumer advice is also available via e-mail at porady@dlakonsumentow.pl and through the consumer helpline at 801 440 220 (available on Business Days from 8:00 AM to 6:00 PM, standard call rates apply).

7.4. The Online Dispute Resolution (ODR) platform for consumers and traders at the EU level is available at: http://ec.europa.eu/odr.
The ODR platform is an interactive and multilingual website offering a single point of entry for consumers and traders seeking out-of-court resolution of disputes related to contractual obligations arising from online sales or service agreements (more information is available on the platform itself or on the UOKiK website: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract has the right to withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in Section 8.9 of these Terms and Conditions. To meet the withdrawal deadline, it is sufficient to send a statement before the deadline expires. The withdrawal statement may be submitted, for example:
in writing to the following address: ul. Rolnicza 38E, 34-300 Żywiec, Poland;
electronically via e-mail to: zamowienia@lartnails.com.

8.2. The Product subject to withdrawal may be returned to: ul. Rolnicza 38E, 34-300 Żywiec, Poland.

8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 13 of these Terms and Conditions. The consumer may use the sample form, but it is not mandatory.

8.4. The withdrawal period begins:

  • for contracts under which the Seller delivers a Product, being obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer (other than the carrier) takes possession of the Product;

  • in the case of a contract involving multiple Products delivered separately, in parts, or in batches – from the moment the last Product, part, or batch is received;

  • in the case of a contract for regular delivery of Products for a fixed period – from the moment the first Product is received;

  • for other types of contracts – from the date of contract conclusion.

8.5. In the event of withdrawal from a distance contract, the contract is considered null and void.

8.6. The Seller shall reimburse all payments received from the consumer, including the costs of delivery (except for additional costs resulting from the delivery method chosen by the consumer other than the least expensive standard delivery method offered by the Online Store), without undue delay and no later than within 14 calendar days from the date of receiving the consumer's withdrawal statement. The Seller will issue the refund using the same payment method as used by the consumer unless the consumer explicitly agrees to a different method that does not involve any additional costs. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund until the Product is received back or the consumer provides proof of return – whichever occurs first.

8.7. The consumer shall return the Product to the Seller or hand it over to a person authorized by the Seller without undue delay, and no later than within 14 calendar days from the date the withdrawal statement was submitted, unless the Seller has offered to collect the Product. The deadline is met if the Product is sent back before the 14-day period has expired.

8.8. The consumer is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.9. Possible costs associated with withdrawal from the contract that the consumer may be required to bear:

  • If the consumer has chosen a delivery method other than the least expensive standard delivery offered in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

  • The consumer bears the direct cost of returning the Product.

  • If the consumer has requested that the service begin before the withdrawal period has expired, and then withdraws from the contract, the consumer is obliged to pay for the services provided up to the moment of withdrawal. The amount payable is calculated in proportion to the extent of the service already provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating the amount shall be the market value of the service rendered.

8.10. The right of withdrawal from a distance contract does not apply to the consumer with respect to the following types of contracts:
(1) service contracts for which the consumer is liable to pay, where the service has been fully performed with the consumer’s prior express consent, and the consumer was informed before the service began that they would lose the right of withdrawal once the service was performed;
(2) contracts where the price or remuneration depends on financial market fluctuations beyond the Seller’s control, which may occur before the withdrawal deadline;
(3) contracts for non-prefabricated Products made to the consumer’s specification or clearly personalized;
(4) contracts for Products that are liable to deteriorate or expire rapidly;
(5) contracts for sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
(6) contracts for Products which, after delivery, are inseparably mixed with other items due to their nature;
(7) contracts for alcoholic beverages, the price of which was agreed upon at the time of the Sales Agreement and which can be delivered only after 30 days, and their value depends on market fluctuations beyond the Seller’s control;
(8) where the consumer has explicitly requested the Seller to visit them for urgent repair or maintenance – if during such a visit, the Seller also provides services beyond those requested or delivers additional Products, the right of withdrawal applies only to those additional services or Products;
(9) contracts for audio or video recordings or computer software delivered in sealed packaging, which were unsealed after delivery;
(10) contracts for the supply of newspapers, periodicals, or magazines, except for subscription agreements;
(11) contracts concluded at a public auction;
(12) contracts for accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a date or period of performance;
(13) contracts for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer’s prior express consent and the consumer was informed that they would lose the right of withdrawal once performance begins, and the Seller has provided the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
(14) service contracts for which the consumer is liable to pay and where the consumer explicitly requested the Seller to visit them to carry out a repair, and the service was fully performed with the consumer’s express and prior consent.

8.11. The provisions of this Section 8 concerning consumers apply, as of January 1, 2021, also to a natural person concluding a contract directly related to their business activity, provided that the contract does not have a professional character for that person, as determined in particular by the subject of their business activity disclosed in the Central Registration and Information on Business (CEIDG).

 

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This Section 9 of the Terms and Conditions and all provisions contained herein are addressed exclusively to and therefore binding only upon Customers or Service Recipients who are not consumers. Furthermore, from January 1, 2021, and for agreements concluded from that date, this Section and all provisions herein do not apply to a Customer or Service Recipient who is a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, based in particular on the subject of their business activity disclosed in the Central Registration and Information on Business (CEIDG), unless applying the provisions of this Section is not prohibited by law.

9.2. The Seller reserves the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal in this case may be made without stating any reason and does not give rise to any claims by the Customer against the Seller.

9.3. The Seller’s liability under statutory warranty for defects or lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller shall respond to complaints within 30 calendar days from the date of receipt.

9.5. The Seller reserves the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer or the conclusion of the Sales Agreement.

9.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating any reason by sending a relevant declaration to the Service Recipient.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for individual claims and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than 1,000 PLN. This financial limitation applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including those arising in the absence of a concluded Sales Agreement or unrelated to it. The Service Provider/Seller shall only be liable for typical damages foreseeable at the time of contract conclusion and shall not be liable for lost profits. The Seller shall also not be liable for any delays in shipment delivery.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be subject to the jurisdiction of the court competent for the Seller's/Service Provider’s registered office.

10. PRODUCT REVIEWS

10.1. The Seller enables Service Recipients to submit and access reviews of Products and the Online Store under the terms set out in this section of the Terms and Conditions.

10.2. Service Recipients may submit a review by using a form that allows them to add an opinion about a Product or the Online Store. This form may be available directly on the Online Store website (e.g., next to a specific Product) or via a general link to the review form. When submitting a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.

10.3. Reviews visible on the Online Store website may include opinions from individuals who have made a purchase through the Online Store as well as individuals who have not. The Seller does not verify or is not able to verify whether the person submitting a review is a Customer and has made a purchase in the Online Store, and, in the case of a Product review, whether the reviewer has purchased or used the reviewed Product.

10.4. The review system must not be used for unlawful purposes, including actions constituting unfair competition or violations of personal rights, intellectual property rights, or other rights of the Seller or third parties. By submitting a review, the Service Recipient is obliged to act in accordance with the law, these Terms and Conditions, and good practice.

10.5. Reviews may be published directly on the Online Store website (e.g., next to a Product) or via an external review platform cooperating with the Seller, to which the Online Store website may link (including through external widgets displayed on the site).

10.6. Any comments or concerns regarding the publication of reviews in the Online Store may be reported in a manner analogous to the complaint procedure described in Section 6 of these Terms and Conditions.

10.7. The Seller indicates that some reviews or recommendations published on the Online Store website may be the result of paid collaboration between the Seller and the reviewer (e.g., an influencer or blogger). Such materials are explicitly labeled as “Sponsored Review” or with an equivalent indication.

10.8. The Seller does not publish or commission others to publish false Customer reviews or recommendations, nor does the Seller alter or distort Customer reviews or recommendations to promote its Products. Both positive and negative reviews are published.

11. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS

11.1. This section of the Terms and Conditions includes provisions arising from the Digital Services Act (DSA), insofar as it applies to the Online Store and the Service Provider. The Service Recipient is generally not required to submit any content when using the Online Store, unless specified by these Terms and Conditions (e.g., data required to place an Order). However, the Service Recipient may be given the opportunity to submit reviews or comments using tools provided for that purpose. Whenever content is submitted by the Service Recipient, they must comply with the rules set out in these Terms and Conditions.

11.2. CONTACT POINT – The Service Provider designates zamowienia@lartnails.com as its single point of contact. This contact point allows direct communication between the Service Provider and authorities of Member States, the European Commission, and the Digital Services Board, and also provides recipients of the service (including Service Recipients) with direct, easy, and user-friendly communication with the Service Provider for the purposes of the DSA. The Service Provider accepts communication in Polish and English.

11.3. Procedure for reporting Illegal Content – pursuant to Article 16 of the Digital Services Act:

Any person or entity may report to the Service Provider the presence of specific information they believe to be Illegal Content by sending a message to zamowienia@lartnails.com.

Such a notice should be sufficiently precise and adequately substantiated. To facilitate this, the Service Provider allows and encourages submission of notices including the following elements:
(1) a well-founded explanation of the reasons why the information is considered Illegal Content;
(2) clear indication of the exact electronic location of the information (e.g., a precise URL or URLs), and where applicable, additional data enabling identification of the content in question, depending on its nature;
(3) the name and e-mail address of the person or entity submitting the notice (except where the content relates to criminal offences specified in Articles 3–7 of Directive 2011/93/EU);
(4) a declaration made in good faith that the information and allegations contained in the notice are accurate and complete.

Such a notice is deemed to give rise to actual knowledge or awareness under Article 6 of the DSA if it enables the Service Provider, acting diligently, to identify the illegal nature of the content or activity without detailed legal analysis.

Where the notice includes the electronic contact details of the notifier, the Service Provider shall acknowledge receipt without undue delay and inform them of its decision regarding the reported information, including available options for appeal.

The Service Provider shall review all such notices in a timely, non-arbitrary, and diligent manner. If automated tools are used in this process, the Service Provider will include relevant information in its response.

11.4. Information on restrictions regarding content submitted by Service Recipients via the Online Store:

Service Recipients are obliged to comply with the following rules when submitting any content through the Online Store:

  • Content must be submitted in accordance with the purpose of the Online Store, these Terms and Conditions, and applicable laws and good practices, respecting personal rights, copyrights, and intellectual property of the Service Provider and third parties;

  • Content must be truthful and not misleading;

  • It is prohibited to submit unlawful content, including Illegal Content;

  • Unsolicited commercial messages (spam) may not be transmitted via the Online Store;

  • Content must not breach commonly accepted standards of netiquette, and may not include vulgar or offensive language;

  • If necessary, the user must hold all appropriate rights and authorizations to share the content, including copyrights, licenses, permissions, and image or personal data rights;

  • Use of the Online Store must not endanger the integrity or security of the Service Provider’s or third-party ICT systems.

The Service Provider reserves the right to moderate content submitted by users. This moderation is performed in good faith and with due diligence, either on the Service Provider’s own initiative or upon receiving a notice, for the purpose of detecting, identifying, and removing Illegal Content or other content that violates these Terms and Conditions or restricting access to it.

Moderation may be carried out manually or with the assistance of automated or semi-automated tools. Once such content is identified, the Service Provider may remove it, restrict access to it, or take other necessary actions (e.g., contacting the user to request clarification or correction). The Service Provider will notify the user clearly and understandably of its decision, including the reason for the action taken and the available appeals mechanism (provided the user’s contact information is available).

In fulfilling its rights and obligations under the DSA, the Service Provider is committed to acting diligently, objectively, and proportionally, and to respecting the rights and legitimate interests of all parties involved, including freedom of expression, media pluralism, and other fundamental rights as set forth in the Charter of Fundamental Rights of the European Union.

11.5. Any comments, complaints, appeals, or objections regarding the Service Provider’s decisions or actions taken (or not taken) based on submitted notices may be lodged in accordance with the complaint procedure described in Section 6 of these Terms and Conditions. This process is free of charge and allows for the submission of complaints electronically. Using this mechanism does not affect the right of the user to seek judicial redress or pursue other legal remedies.

11.6. The Service Provider shall consider all complaints or appeals regarding its decisions in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint provides sufficient grounds to determine that an initial decision not to act was incorrect, or if the information concerned is not illegal or in breach of the Terms and Conditions, or the measure taken was unjustified, the Service Provider shall promptly reverse or amend the decision or take appropriate corrective action.

11.7. Service Recipients, persons, or entities who submitted notices regarding Illegal Content and who are affected by decisions of the Service Provider have the right to refer the matter to any certified out-of-court dispute settlement body designated by the Digital Services Coordinator of a Member State, especially when internal remedies have not resolved the matter.

12. FINAL PROVISIONS

12.1. Agreements concluded via the Online Store are concluded in the Polish language.

12.2. Amendments to the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, including but not limited to: changes in the law; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes in the scope or form of Electronic Services; addition of new Electronic Services; or the need to address unforeseen and immediate threats to the security of the Online Store, including Electronic Services and the Service Recipients/Customers, such as fraud, malware, spam, data breaches, or other cybersecurity risks – to the extent that such changes affect the implementation of these Terms and Conditions.

Notification of proposed changes will be sent at least 15 days before the effective date of the changes, unless:
(1) the Service Provider is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a way that does not allow for such notice period, or
(2) it must exceptionally amend the Terms and Conditions to address an unforeseen and immediate threat as described above.

In the cases referred to above, changes shall take effect immediately unless a longer implementation period is possible or required, in which case the Service Provider shall inform the users accordingly.

For ongoing agreements (e.g., provision of the Account service), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notice period. Such termination becomes effective 15 days after the receipt of the change notice. In the case of ongoing agreements, the amended Terms and Conditions are binding if the Service Recipient was properly notified and did not terminate the contract within the notice period. The Service Recipient may also accept the changes at any time after receiving the notice, thereby waiving the remainder of the notice period.

In the case of non-continuous agreements, amendments to the Terms and Conditions do not affect rights acquired by the Service Recipient prior to the effective date of the changes. In particular, they do not affect Orders placed or submitted, or Sales Agreements already concluded, in progress, or fulfilled.

If a change to the Terms and Conditions results in the introduction of new fees or an increase of existing fees, the consumer has the right to withdraw from the contract.

12.3. In matters not covered by these Terms and Conditions, the provisions of generally applicable Polish law shall apply, in particular the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2020, item 344, as amended); the Consumer Rights Act; and other relevant provisions of applicable law.

13. MODEL WITHDRAWAL FORM

(Annex No. 2 to the Consumer Rights Act)

Model withdrawal form
(This form should be completed and returned only if you wish to withdraw from the contract)

To:
VK COSMETICS SP. Z O.O.
ul. Rolnicza 38E, 34-300 Żywiec, Poland
Website: www.lart-shop.com
Email: zamowienia@lartnails.com

I/We() hereby give notice that I/we() withdraw from the contract of sale of the following goods() / the contract for the supply of the following goods() / the contract for the provision of the following service(*):
......................................................................................................................................................

Date of conclusion of the contract() / receipt of the goods():
......................................................................................................................................................

Name(s) of consumer(s):
......................................................................................................................................................

Address of consumer(s):
......................................................................................................................................................

Signature of consumer(s) (only if this form is submitted on paper):
......................................................................................................................................................

Date:
......................................................................................................................................................

(*) Delete as appropriate.

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