SERUM.EU
Terms of Service
Last updated: [DATE]
These Terms of Service (hereinafter referred to as the "Terms") govern the use of the online store operated at serum.eu (the "Store") by [COMPANY_NAME], with its registered office at [COMPANY_ADDRESS], NIP: [NIP], REGON: [REGON], KRS: [KRS] (hereinafter referred to as the "Seller"). By accessing and using the Store, you agree to be bound by these Terms. Please read them carefully before placing an order.
1. General Provisions
1.1. These Terms define the rules for using the Store, the procedure for concluding sales contracts via the Store, and the rights and obligations of the Seller and the Customer. 1.2. Definitions: a) "Store" means the online store operated by the Seller at the website serum.eu. b) "Customer" means any natural person, legal person, or organizational unit without legal personality who places an order through the Store. c) "Consumer" means a natural person who enters into a legal transaction with the Seller that is not directly related to that person's business or professional activity, within the meaning of Article 22(1) of the Polish Civil Code and the relevant provisions of Directive 2011/83/EU of the European Parliament and of the Council. d) "Product" means any movable item, including hair color products, activators, care products, rebuilding products, and accessories, offered for sale through the Store. e) "Order" means the Customer's declaration of intent to purchase one or more Products through the Store, constituting an offer to conclude a sales contract. 1.3. The Seller's identity and registration details: - Company name: [COMPANY_NAME] - Registered office: [COMPANY_ADDRESS] - Tax Identification Number (NIP): [NIP] - Statistical Number (REGON): [REGON] - National Court Register Number (KRS): [KRS] - Contact email: [COMPANY_EMAIL] 1.4. Use of the Store requires an internet-connected device with a web browser supporting cookies and JavaScript. The Seller does not guarantee that the Store will function correctly on all devices and with all browser configurations. 1.5. These Terms are made available free of charge on the Store's website in a form that allows the Customer to obtain, reproduce, and record them.
2. Account Registration
2.1. Placing an order in the Store does not require creating a customer account. Customers may purchase Products as guests or as registered users. 2.2. To create an account, the Customer must complete the registration form by providing their first name, last name, email address, and a password meeting the minimum security requirements. 2.3. The Customer is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The Customer must notify the Seller immediately of any unauthorized use of their account or any other breach of security. 2.4. The Customer may delete their account at any time by contacting the Seller at [COMPANY_EMAIL]. Account deletion does not affect the validity of contracts concluded prior to the deletion, nor the Seller's obligation to retain data as required by law. 2.5. The Seller reserves the right to suspend or terminate a Customer's account in the event of a breach of these Terms, after prior notification and allowing a reasonable period for the Customer to remedy the breach.
3. Orders and Contract Formation
3.1. Information about Products presented on the Store's website constitutes an invitation to treat within the meaning of Article 71 of the Polish Civil Code, and does not constitute a binding offer. 3.2. To place an Order, the Customer must: a) Browse the Store and select the desired Product(s) by clicking "Add to Bag" or a similar button. b) Review the contents of their shopping cart, adjust quantities as needed, and proceed to checkout. c) Provide or confirm the required delivery and billing information. d) Select a shipping method from the available options. e) Select a payment method from the available options. f) Review the order summary, including the total price (with VAT and shipping), and confirm acceptance of these Terms. g) Click the "Place Order" button to submit the Order. 3.3. Clicking "Place Order" constitutes the Customer's binding offer to purchase the selected Products at the stated price. 3.4. Upon receipt of the Order, the Seller will send the Customer an automatic confirmation of receipt to the email address provided ("Order Confirmation"). The sending of the Order Confirmation constitutes acceptance of the Customer's offer and the moment of conclusion of the sales contract between the Seller and the Customer. 3.5. The sales contract is concluded in the English language (or Polish, depending on the Customer's language selection). 3.6. The Seller reserves the right to refuse to fulfill an Order in exceptional circumstances, for example where the Product is unavailable, there is an obvious error in the Product price, or there is a reasonable suspicion of fraud. In such cases, the Seller will immediately notify the Customer and refund any payment already made.
4. Prices and Payment
4.1. All prices displayed in the Store are stated in the applicable currency (PLN for Poland, EUR or GBP for other regions as applicable) and include Value Added Tax (VAT) at the rate applicable under Polish or EU law. Prices do not include shipping costs, which are calculated and displayed separately during checkout. 4.2. The price applicable to an Order is the price displayed on the Product page at the time the Order is placed. The Seller reserves the right to change Product prices at any time, but such changes do not affect Orders that have already been placed and confirmed. 4.3. The following payment methods are available in the Store, processed securely through our payment provider Tpay: a) Credit or debit card (Visa, Mastercard). b) BLIK (available for customers in Poland). c) Online bank transfer (available for customers in Poland). d) Google Pay and Apple Pay. e) Other payment methods as may be made available through Tpay from time to time. 4.4. Payment is processed before dispatch of the Order. The Order will be handed over for shipment only after the Seller has received confirmation of successful payment from the payment processor. 4.5. In the event of a failed payment, the Order will not be processed. The Customer may retry the payment or contact the Seller for assistance. 4.6. The Seller will issue an electronic receipt or VAT invoice for each Order, which will be sent to the Customer's email address or made available through the Customer's account.
5. Delivery
5.1. The Seller delivers Products within the territory of Poland and to other countries as indicated on the Store's website during checkout. 5.2. Available delivery methods include courier delivery (DPD, DHL, InPost courier), parcel lockers (InPost Paczkomaty), and other methods as may be offered at checkout. 5.3. Estimated delivery time is 3 to 5 business days from the date of dispatch, depending on the delivery method selected and the destination. Delivery times are estimates only and are not guaranteed; the Seller shall not be liable for delays caused by the shipping carrier or force majeure. 5.4. Shipping costs depend on the delivery method, the destination, and the weight and dimensions of the shipment. The exact shipping cost is calculated and displayed to the Customer during checkout before the Order is placed. The Seller may offer free shipping for orders exceeding a specified value, as communicated on the Store's website. 5.5. The risk of accidental loss of or damage to the Product passes to the Consumer upon delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier. For Customers who are not Consumers, the risk passes upon handover of the Product to the carrier. 5.6. Upon delivery, the Customer is advised to inspect the shipment in the presence of the courier. If there is visible damage to the packaging, the Customer should note this on the delivery document and contact the Seller.
6. Right of Withdrawal
6.1. Pursuant to Article 27 of the Polish Consumer Rights Act of 30 May 2014 (Dz.U. 2014 poz. 827, as amended) and Articles 9-16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, a Customer who is a Consumer has the right to withdraw from the sales contract without giving any reason within 14 (fourteen) calendar days from the date on which the Consumer, or a third party other than the carrier indicated by the Consumer, takes physical possession of the Product. 6.2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement. This may be done by: a) Sending an email to [COMPANY_EMAIL] with a clear statement of withdrawal. b) Sending a written declaration by post to [COMPANY_ADDRESS]. c) Using the model withdrawal form provided in our Return Policy page, although this is not obligatory. 6.3. To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the 14-day period has expired. 6.4. For detailed information on the effects of withdrawal, return shipping, refund procedures, and exceptions, please refer to our Return Policy page, which forms an integral part of these Terms. 6.5. The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (Article 38(5) of Directive 2011/83/EU; Article 38(1)(5) of the Polish Consumer Rights Act). This exception may apply to certain cosmetic products. 6.6. The right of withdrawal does not apply to contracts for goods made to the Consumer's specifications or clearly personalized (Article 38(3) of Directive 2011/83/EU).
7. Complaints and Warranty
7.1. The Seller is obligated to deliver Products that are free from defects and in conformity with the contract. The Seller's liability for defective Products is governed by the provisions on statutory warranty (rekojmia) under Articles 556-576 of the Polish Civil Code, as well as Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods. 7.2. The Seller is liable to the Consumer for any lack of conformity of the Product with the contract that becomes apparent within 2 (two) years from the date of delivery of the Product. 7.3. To report a defect or lack of conformity, the Customer should contact the Seller by: a) Sending an email to [COMPANY_EMAIL] with a description of the defect, photographs if applicable, and proof of purchase (order number or receipt). b) Sending a written complaint by post to [COMPANY_ADDRESS]. 7.4. The complaint should include: the Customer's name and contact details, a description of the Product and the defect, the date the defect was discovered, and the Customer's preferred remedy. 7.5. The Seller will respond to the complaint within 14 (fourteen) calendar days from the date of receipt. Failure to respond within this period means that the Seller has accepted the Customer's complaint. 7.6. In the event of a justified complaint, the Consumer may request, in the following order of priority as provided by law: a) Repair of the Product; or b) Replacement of the Product with one free from defects. If repair or replacement is impossible or would require excessive costs for the Seller, or if the Seller fails to repair or replace the Product within a reasonable time, the Consumer may: c) Request a proportional reduction of the price; or d) Withdraw from the contract (obtain a full refund), provided the defect is significant. 7.7. The Seller bears the costs of repair, replacement, and return shipping for justified complaints.
8. Intellectual Property
8.1. All content available on the Store's website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and layout of the website (collectively, the "Content"), is the property of [COMPANY_NAME] or its licensors and is protected by Polish and international copyright, trademark, and other intellectual property laws. 8.2. The names "SERUM", "SERUM.EU", and all associated logos, product names, and trade dress are trademarks or registered trademarks of [COMPANY_NAME]. Nothing in these Terms grants the Customer any right or license to use any such trademarks without the prior written consent of the Seller. 8.3. The Customer is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Store's website and its Content solely for personal, non-commercial purposes in connection with browsing and purchasing Products. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Content, is strictly prohibited without the prior written consent of the Seller. 8.4. The Customer may not use data mining, robots, screen scraping, or similar data-gathering tools on the Store's website, nor may the Customer decompile, reverse-engineer, or disassemble any software contained on the website.
9. Liability
9.1. The Seller's total aggregate liability to Customers who are not Consumers for any claims arising out of or in connection with the use of the Store or the purchase of Products shall not exceed the total price paid by the Customer for the Products giving rise to the claim. 9.2. To the maximum extent permitted by applicable law, the Seller shall not be liable to Customers who are not Consumers for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill. 9.3. Nothing in these Terms shall exclude or limit the Seller's liability for: (a) death or personal injury caused by the Seller's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law. 9.4. Nothing in these Terms is intended to affect the statutory rights of Consumers. Any provisions of these Terms that are found to be less favorable to Consumers than the mandatory provisions of applicable consumer protection law (including the Polish Consumer Rights Act and Directive 2011/83/EU) shall be deemed replaced by those mandatory provisions. The Consumer's statutory rights, including those relating to defective products, withdrawal, and unfair contract terms, remain unaffected by these Terms.
10. Personal Data
10.1. The Seller processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national data protection legislation. 10.2. Detailed information about the types of data collected, the purposes and legal bases of processing, data retention periods, the Customer's rights as a data subject, and the use of cookies is set out in the Seller's Privacy Policy, available on the Store's website. 10.3. The Customer acknowledges that the provision of personal data for the purpose of placing and fulfilling an Order is necessary for the performance of the sales contract. Failure to provide the required data may prevent the Seller from processing the Order.
11. Final Provisions
11.1. These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. For Consumers resident in the European Union, this choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the Consumer's country of habitual residence. 11.2. Any disputes arising out of or in connection with these Terms shall be resolved amicably between the parties. If no amicable resolution can be reached: a) Disputes involving Consumers shall be subject to the jurisdiction of the court competent for the Consumer's place of residence. b) Disputes involving non-Consumer Customers shall be subject to the exclusive jurisdiction of the court competent for the Seller's registered office. 11.3. The European Commission provides an Online Dispute Resolution (ODR) platform for consumers, available at: https://ec.europa.eu/consumers/odr/. This platform may be used by a Consumer resident in the EU to resolve any dispute arising from an online purchase without going to court. 11.4. The Seller reserves the right to amend these Terms at any time. Amendments shall be communicated to registered Customers by email and published on the Store's website at least 14 (fourteen) calendar days before they take effect. Customers who have placed an Order before the effective date of the amendment shall be subject to the Terms in force at the time the Order was placed. Continued use of the Store after the effective date of the amendment constitutes acceptance of the revised Terms. 11.5. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall continue in full force and effect. 11.6. These Terms were last updated on [DATE].