Terms and Conditions

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), e-mail 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).

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

A natural person with full legal capacity, a legal person, or 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 and password, in which the data provided by the Service Recipient and information about Orders are stored.

NEWSLETTER

An Electronic Service provided by e-mail enabling Service Recipients to receive periodic information about Products, news and promotions.

ILLEGAL CONTENT

Information that, in itself or by reference to an act, including the sale of Products or provision of Electronic Services, is not compliant with European Union law or the law of a Member State consistent with EU law.

PRODUCT

An item available in the Online Store that may be a movable item, service or 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: www.lart-shop.com.

SELLER, SERVICE PROVIDER

VK COSMETICS SP. Z O.O., ul. Rolnicza 38E, 34-300 Żywiec, NIP: 5532596119, bank account number: 50114020040000351224045516, BRE Bank, BIC/SWIFT: BREXPLPWMBK, e-mail: zamowienia@lartnails.com, phone: +48 882 771 681.

SALES AGREEMENT

A product sales agreement or an agreement for the provision or use of a Product, concluded or to be concluded between the Customer and Seller.

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

A natural person, legal person or organizational unit using or intending 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.

2.1. 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: filling out the Registration Form, clicking the "Register" button, and 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 an e-mail address and password. The Account can also be created using login credentials from an external online platform, such as Facebook or Google.

The Account is provided free of charge for an indefinite period. The Service Recipient may delete the Account at any time by contacting the Service Provider, in particular by e-mail at zamowienia@lartnails.com or in writing at 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.

An Order is placed after the Customer completes the Order Form and clicks the "Confirm Purchase" button. Until that moment, the entered data can be modified.

The Order Form requires the Customer to provide full name, address, e-mail address, telephone number, Products, quantities, place and method of delivery and payment method. Customers who are not consumers must additionally provide company details and VAT ID number.

The Order Form is provided free of charge and is one-time in nature.

Newsletter

Use of the Newsletter service takes place after the Service Recipient provides their name and e-mail address in the Newsletter section and clicks the appropriate action button.

One may also subscribe by checking the appropriate checkbox when creating an Account or placing an Order.

The Newsletter is provided free of charge for an indefinite period. It may be cancelled at any time by contacting zamowienia@lartnails.com or writing to ul. Rolnicza 38E, 34-300 Żywiec, Poland.

2.2. Technical Requirements

1. A computer, laptop, or other multimedia device with Internet access;
2. Access to e-mail;
3. An up-to-date web browser;
4. Recommended minimum screen resolution: 1024×768;
5. Cookies and JavaScript enabled.

2.3. The Service Recipient is obliged to use the Online Store in accordance with law and good practices and to provide true and accurate data. It is prohibited to supply unlawful or Illegal Content.

2.4. The complaint procedure related to Electronic Services is specified in Section 6.

3.1. The conclusion of a Sales Agreement between the Customer and Seller takes place after the Customer places an Order via the Order Form.

3.2. The price of the Product or fee displayed on the Online Store website is shown in Polish zloty (PLN) and includes taxes.

The Customer is informed of the total price or fee including taxes, delivery costs and any other additional costs during the Order process.

3.3. Procedure for Concluding a Sales Agreement

Once the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts it for processing by sending an e-mail to the address provided by the Customer.

The Sales Agreement is deemed concluded once the Customer receives this e-mail.

3.4. The concluded Sales Agreement is recorded, secured and made available by:

1. making these Terms and Conditions available on the Online Store website;
2. sending the Customer the confirmation e-mail referred to above.

The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4.1. The Seller provides the following payment methods:

• Bank transfer to the Seller’s bank account.
• Electronic payment via PayPal.com. Current available payment options are listed during the Order process and at 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, Autopay or Przelewy24, are supported by the Online Store.

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

5.2. Delivery is subject to a fee unless otherwise stated in the Sales Agreement. Delivery costs are indicated during the Order placement process.

5.3. Personal collection is not available.

5.4. The Seller offers:

• Courier shipment via UPS.

No other delivery methods are available.

5.5. Delivery time is up to 7 Business Days, unless a shorter period is specified in the Product description or during the Order process.

For payment by bank transfer or PayPal, the delivery time begins when 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 are determined by the Product description and, if necessary, individual arrangements.

5.8. If the Product includes a right, such as participation in training or an event, the Seller shall deliver a document confirming such right digitally by e-mail, unless otherwise specified.

6.1. This section sets out the unified procedure for complaints regarding Products, Sales Agreements, Electronic Services and other matters related to the Online Store.

6.2. A complaint may be submitted:

• in writing to: ul. Rolnicza 38E, 34-300 Żywiec, Poland;
• by e-mail: zamowienia@lartnails.com .

6.3. Products returned 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 information about the issue, the requested remedy and contact details. These recommendations are not mandatory.

6.5. Changes to the complainant’s contact details should be reported to the Seller.

6.6. Evidence such as photographs, documents or the Product may be attached.

6.7. The Seller shall respond no later than within 14 calendar days.

6.8. The legal basis and scope of the Seller’s liability are defined by applicable law, including the Civil Code and Consumer Rights Act.

• For movable Products purchased on or before December 31, 2022, the relevant provisions of the Civil Code apply.
• For movable Products purchased on or after January 1, 2023, the relevant provisions of the Consumer Rights Act apply.

6.9. A commercial warranty may additionally be offered for a Product. Such warranty does not affect statutory consumer rights.

6.10. Certain consumer provisions also apply to natural persons concluding contracts directly related to their business activity where the contract does not have a professional character for that person.

7.1. Out-of-court dispute resolution methods include mediation, conciliation and arbitration.

Information and tools for amicable dispute resolution are available at:
https://polubowne.uokik.gov.pl/

7.2. Consumers may contact the UOKiK contact point:

• by phone: +48 22 55 60 332 or +48 22 55 60 333;
• by e-mail: kontakt.adr@uokik.gov.pl ;
• in writing or in person: Plac Powstańców Warszawy 1, 00-030 Warsaw, Poland.

7.3. Consumers may also seek assistance from consumer arbitration courts, Provincial Inspectorates of Trade Inspection, consumer ombudsmen or consumer protection organizations.

Consumer advice is also available at porady@dlakonsumentow.pl and via the consumer helpline: 801 440 220.

7.4. The EU Online Dispute Resolution platform is available at:
http://ec.europa.eu/odr

8.1. A consumer who has concluded a distance contract has the right to withdraw from it within 14 calendar days without giving a reason, subject to the exceptions described below.

The withdrawal statement may be submitted:

• in writing to: ul. Rolnicza 38E, 34-300 Żywiec, Poland;
• by e-mail: zamowienia@lartnails.com .

8.2. Products may be returned to: ul. Rolnicza 38E, 34-300 Żywiec, Poland.

8.3. A model withdrawal form is included in Section 13. Use of the form is optional.

8.4. The withdrawal period begins:

• when the consumer or designated third party receives the Product;
• for multiple deliveries, when the last Product, part or batch is received;
• for regular deliveries, when the first Product is received;
• for other contracts, on the date the contract is concluded.

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

8.6. The Seller shall reimburse payments, including eligible delivery costs, no later than within 14 calendar days from receiving the withdrawal statement.

The Seller may withhold the refund until the Product is received back or proof of return is provided.

8.7. The Product must be returned no later than within 14 calendar days from submitting the withdrawal statement.

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

8.9. Costs Associated with Withdrawal

• Additional delivery costs resulting from choosing a method other than the least expensive standard delivery method are not refundable.
• The consumer bears the direct cost of returning the Product.
• If a service began before the withdrawal period expired at the consumer’s request, the consumer must pay proportionally for the service already provided.

8.10. Exceptions to the Right of Withdrawal

1. Fully performed paid services begun with the consumer’s prior consent;
2. Products whose price depends on financial market fluctuations;
3. Personalized or custom-made Products;
4. Products liable to deteriorate or expire rapidly;
5. Sealed Products unsuitable for return for health or hygiene reasons once opened;
6. Products inseparably mixed with other items after delivery;
7. Certain alcoholic beverages subject to market fluctuations;
8. Certain urgent repair or maintenance services;
9. Unsealed audio/video recordings or computer software;
10. Newspapers, periodicals and magazines except subscriptions;
11. Contracts concluded at public auction;
12. Certain accommodation, transport, rental, catering or event services;
13. Certain digital content supplied without a tangible medium;
14. Certain fully performed repair services requested by the consumer.

8.11. Certain consumer provisions also apply to natural persons entering contracts directly related to their business activity where the contract is not of a professional character for that person.

9.1. This Section applies exclusively to Customers or Service Recipients who are not consumers, subject to applicable statutory exceptions.

9.2. The Seller reserves the right to withdraw from the Sales Agreement within 14 calendar days from its conclusion without providing a reason.

9.3. The Seller’s statutory warranty liability may be excluded as permitted by law.

9.4. Complaints shall be answered within 30 calendar days.

9.5. The Seller may limit available payment methods or require full or partial prepayment.

9.6. The Service Provider may terminate an Electronic Service contract with immediate effect.

9.7. The liability of the Service Provider/Seller is limited, subject to applicable law, to the amount of the price paid and delivery costs, but not more than 1,000 PLN.

Liability applies only to typical and foreseeable damages and excludes lost profits, subject to applicable law.

9.8. Disputes shall be subject to the jurisdiction of the court competent for the Seller’s registered office, subject to applicable law.

10.1. The Seller enables Service Recipients to submit and access reviews of Products and the Online Store.

10.2. Reviews may be submitted using forms available on the Online Store website and may include ratings or photographs where this functionality is available.

10.3. Reviews may come from purchasers and non-purchasers. The Seller does not verify or may be unable to verify whether a reviewer purchased or used the reviewed Product.

10.4. Reviews must not be used for unlawful purposes and must respect applicable law, personal rights and intellectual property rights.

10.5. Reviews may be published directly in the Online Store or via an external review platform.

10.6. Concerns regarding reviews may be reported using the complaint procedure described in Section 6.

10.7. Sponsored reviews or recommendations resulting from paid collaboration are explicitly marked accordingly.

10.8. The Seller does not publish or commission false reviews or manipulate Customer reviews to promote Products. Both positive and negative reviews are published.

11.1. This section contains provisions arising from the Digital Services Act insofar as it applies to the Online Store.

11.2. Contact Point

The Service Provider designates zamowienia@lartnails.com as its single point of contact for purposes related to the DSA.

Communication is accepted in Polish and English.

11.3. Reporting Illegal Content

Any person or entity may report suspected Illegal Content by sending a message to zamowienia@lartnails.com .

A notice should include, where applicable:

1. a reasoned explanation of why the information is considered illegal;
2. the exact electronic location of the information;
3. the notifier’s name and e-mail address, subject to statutory exceptions;
4. a good-faith declaration that the information provided is accurate and complete.

Where contact details are provided, the Service Provider shall acknowledge receipt and inform the notifier about its decision and available appeal options.

11.4. Restrictions on User Content

• Content must comply with the purpose of the Online Store and applicable law;
• Content must be truthful and not misleading;
• Illegal Content is prohibited;
• Unsolicited commercial messages may not be transmitted;
• Content must comply with commonly accepted standards of netiquette;
• Users must have all necessary rights and permissions to publish submitted content;
• Use of the Online Store must not endanger the security or integrity of ICT systems.

The Service Provider reserves the right to moderate submitted content, including removing or restricting access to Illegal Content or other content violating these Terms.

Moderation may be manual, automated or semi-automated. Where required, the Service Provider shall inform the user about the decision, reasons and available appeal mechanisms.

11.5. Complaints or appeals concerning moderation decisions may be submitted under the complaint procedure in Section 6.

11.6. Complaints and appeals shall be considered in a timely, objective and non-discriminatory manner.

11.7. Eligible persons may refer disputes to a certified out-of-court dispute settlement body designated under the Digital Services Act.

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 for important reasons, including changes in law, payment or delivery methods, legal obligations, Electronic Services or security requirements.

Notification of proposed changes will normally be sent at least 15 days before their effective date unless applicable law requires an immediate change or an unforeseen and immediate security threat must be addressed.

For ongoing agreements, the Service Recipient may terminate the contract before the notice period expires.

Amendments do not affect rights acquired before their effective date, including Orders or Sales Agreements already concluded.

If an amendment introduces new fees or increases existing fees, the consumer has the right to withdraw from the contract.

12.3. Matters not covered by these Terms are governed by generally applicable Polish law, including the Civil Code, the Act on Providing Electronic Services and the Consumer Rights Act.