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TERMS AND CONDITIONS OF THE ONliNE SHOP

I. The Seller:

 

BANDI Cosmetics Sp. z o.o.
ul. Warszawska 7
05-152 Czosnów
tel: (+48 22) 112 50 40
fax: (+48 22) 112 50 41
e-mail: sklep@bandi.pl, bok@bandi.pl

 

II. Definitions

 

1. The terminology used in these Terms and Conditions shall mean:

  1. Customer Service - shall mean the service launched by BANDI Cosmetics Sp. z o.o. providing the Customers contact through:

a. a helpline at 22 112 50 40,

b. e-mail at: bok@bandi.pl,

c. and also between 8:00 a.m. and 4:00 p.m. from Monday to Friday at the head office of BANDI Cosmetics Sp. z o.o.

  1. Account lockout - shall mean a measure which consists in preventing the use of the Account in the event of a breach by the User of the provisions of these Terms and Conditions.

  2. Personal Data - shall mean personal data within the meaning of Article 4(1) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

  3. Working days - these are days from Monday to Friday excluding public holidays;

  4. Customer - a natural person with full legal capacity, and in the cases provided for by generally applicable laws also a natural person with limited legal capacity; a legal person or an organisational unit without legal personality, to which the law grants legal capacity; - who places an order or uses other Services available in the Online Shop under the provisions of these Terms and Conditions.

  5. Civil Code - the Act of 23 April 1964;

  6. Consumer - a natural person with full legal capacity, making a purchase with the Seller which is not directly connected with their business or professional activity.

  7. Account - a part of the Online Shop assigned to a given User, through which he/she may perform certain actions within the Online Shop;

  8. Newsletter - a service which allows the Service Provider to send commercial information in the form of messages to the e-mail address provided by the Customer. For this purpose, a valid e-mail address must be provided or an appropriate field must be activated in the registration or order form.

  9. Terms and Conditions - this document;

  10. Seller and Service Provider - BANDI Cosmetics Sp. z o.o. with its registered office in Czosnów, at ul. Warszawska 7, entered into the National Court Register (KRS) in the District Court for the Capital City of Warsaw, 14th Commercial Division under No. 0000259978, REGON number: 140606263, tax ID (NIP): 534-233-18-20, share capital PLN 400000;

  11. Goods - a product presented in the Online Shop, whose description is available next to each presented product;

  12. Sales Agreement - the agreement on the sale of Goods, as defined by the Civil Code, concluded between the Seller and the Customer;

  13. Services - the services provided by the Service Provider to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means;

  14. Consumer Rights Act - the Act of 30 May 2014 on consumer rights ;

  15. Order - the Customer's declaration of will, aiming directly at concluding the Sales Agreement, specifying, in particular, the type and number of Goods.

 

III. General provisions

 

  1. These Terms and Conditions define the general conditions, the provision of electronic service and sales conducted via the Online Shop https://www.bandi.pl/.

  2. These Terms and Conditions are continually available on the website https://www.bandi.pl/ in a manner that allows it to obtain, reproduce and consolidate its content by printing or saving on a storage medium at any time.

  3. Before starting to use the Shop it is necessary to read these Terms and Conditions and to accept them in full. It is understood that reading and acceptance of these Terms and Conditions is synonymous with the provision of information by the Entrepreneur to the Consumer, referred to in Article 12 of the Act of 30 May 2014 on consumer rights, this information is contained in the following paragraphs of these Terms and Conditions.

  4. Using the Online Shop is possible on condition that the information and communication system used by the Customer meets the following minimum technical requirements: a computer or mobile device with access to the Internet, access to e-mail, Firefox, Internet Explorer, Chrome, Opera, Safari web browser, enabled Cookies and Javascript in the web browser.

  5. The Customer is obliged to:

    1. provide only true, valid and all necessary data when registering and ordering in the Online Shop, as well as update it without delay.

    2. use the services made available by the Service Provider in a manner not disturbing the functioning of the Service Provider/Seller, the Online Shop and other Customers;

    3. use the services made available by the Service Provider in a manner consistent with the provisions of the law and the Terms and Conditions.

  6. As of 1 January 2021, the provisions relating to the Consumer set out in these Terms and Conditions and in the Consumer Rights Act (right of withdrawal, liability under warranty, prohibited contractual provisions) shall apply to agreements concluded as of that date also to Customers who are natural persons concluding an agreement directly related to their economic activity, if it results from the content of such agreements that it is not of a professional nature for them. To determine whether such Customer has consumer rights in specific circumstances, it should be verified whether the concluded agreement is of professional nature based on the record of that entrepreneur in the Central Registration and Information on Economic Activity of the Republic of Poland.

 

IV. Services provided by electronic means

 

  1. Services are provided by the Service Provider free of charge, 24 hours a day, 7 days a week.

  2. The Service Provider provides the following electronic services for customers through the Online Shop:

a) Customer Account;

b) Newsletter;

c) Placing an order and concluding Sales Agreements, according to the rules specified in these Terms and Conditions.

  1. The Customer Account may be used after the following steps have been completed by the Customer:

- completing the registration form and accepting the provisions of these Terms and Conditions,

- clicking the "Register" button.

  1. After registering an Account, the Customer may log into the Online Shop by providing the e-mail address and password indicated during registration.

  2. The Agreement for the provision of services involving the maintenance of a User's Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the Account or use the "Remove Account" button.

  3. The Customer is aware that:

a. he/she must be logged in to use the functionality of the Online Shop;

b. he/she always has the right to change his/her password;

c. he/she is obliged to make every effort not to make his Account available to third parties,

d. providing incorrect data may result in an inability to use the services,

e. he/she shall be liable for the consequences of events related to the use of the Online Shop resulting from a violation by him/her of the applicable provisions of law, principles of morality, these Terms and Conditions.

  1. BANDI Cosmetics Sp. z o.o. reserves the right to:

a. to block the Customer's Account, especially in cases indicated in paragraph 6,

b. to temporarily suspend the right to use the Account if there are reasonable suspicions that the Customer has violated the conditions indicated in paragraph 6, until the case is clarified,

c. to undertake measures aimed at remedying the losses incurred by BANDI Cosmetics Sp. z o.o. resulting from the cases indicated in paragraph 6.

  1. The functionality of the Account allows for the evaluation of products purchased by the Customer in the Online Shop. The Customer is entitled to comment according to his/her assessment of the product. Nevertheless, the Customer is obliged to respect the binding provisions of law, standards of decency and these Terms and Conditions. BANDI Cosmetics Sp. z o.o. reserves the right to unilaterally moderate comments, especially those violating the law, standards of decency or these Terms and Conditions, or in the course of reorganisation or changes to the Online Shop.

  2. The Newsletter service agreement shall be concluded for an unspecified period and shall be terminated upon the Customer's request to remove his/her email address from the Newsletter subscription service or unsubscribe through a link in the Newsletter message, or the termination of the service by the Service Provider upon prior notification to the Customer. Details concerning the Newsletter service shall be outlined in the terms and conditions of the Newsletter service.

  3. The agreement for the provision of Electronic Services consisting of enabling the Order to be placed in the Shop shall be concluded for a definite period and shall terminate upon the submission of the Order or discontinuation of its submission by the Customer.

  4. The Service Provider may at any time terminate the agreement for the provision of services with the Customer at 14 days notice for valid reasons, understood as a change in the provisions of law governing the provision of electronic services by the Service Provider affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Service Provider or a change in the scope or delivery of services to which the provisions of these Terms and Conditions apply.

  5. In the event of violation by the Customer of the provisions of these Terms and Conditions, the Service Provider, after an ineffective request to discontinue or remove the violations, specifying an appropriate period, may terminate the agreement for the delivery of Services with a 14-day notice.

  6. Either party withdrawing from the Service Agreement or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.

 

V. Accepting and processing orders

 

  1. The Seller conducts sales through the bandi.pl Shop via the Internet. Orders from Customers are accepted via the website www.bandi.pl. Orders can be placed 24 hours a day, 7 days a week throughout the year. The bandi.pl Shop does not provide services to Customers from the UK. For these Customers the shop is located at www.bandi-cosmetics.co.uk, which is operated by BANDI LABORATORIES LTD, Craven House, 40-44 Uxbridge Road, W5 2BS London, United Kingdom, e-mail: shop@bandi-cosmetics.co.uk.

  2. The Customer is obliged to complete the order form fully and in accordance with the facts.

  3. The Customer places an order by indicating the product he/she is interested in using the "ADD TO CART" option, and then in the shopping cart indicates the means of delivery and payment for the order. In the order the Customer:

a) selects the ordered Goods

b) chooses the means of delivery

c) specifies the delivery address and the address to which the invoice is to be issued (these may be different addresses)

d) selects the payment method

e) may enter the discount code received from the bandi.pl Shop

  1. Immediately after placing the order, the Customer is informed by e-mail (at the e-mail address to which the order was placed) that the order has been received by the bandi.pl store.

  2. A limited number of Goods is available for promotional sales, and orders are processed in the sequence of receipt of the orders for these Goods until the stocks available in this form of sale are exhausted.

  3. A VAT invoice is issued for each order.

  4. If after placing an order by the Customer the bandi.pl Shop will not be able to fulfil it (for example, the Goods are unavailable), the bandi.pl Shop is required to notify the Customer and return the money paid by him/her within fourteen days (unless the shop offers the customer another product and the customer is interested in the replacement).

  5. The Customer may change or cancel the order by contacting Customer Service by e-mail at sklep@bandi.pl or by telephone at (+48 22) 112 50 40.

 

VI. Prices of Goods and payment

 

  1. The bandi.pl Shop displays information about its offer on the website www.bandi.pl and offers Goods via the Internet.

  2. The prices of Goods offered by the bandi.pl Shop are expressed in Polish złoty (PLN) and include VAT. The prices do not include shipping costs.

  3. Information on the total value of the order is presented in the shopping cart after the customer chooses the form of delivery of the order and form of payment.

  4. The Customer may use the discount code received from the bandi.pl Shop. Discount codes have a validity period during which the Customer may use the discount. A discount code cannot be combined with any other discount code or other promotions unless the terms of a given promotion indicate otherwise.

  5. The bandi.pl Shop reserves the right to withdraw individual products from the offer. BANDI Cosmetics Sp. z o.o. is obliged to deliver the Goods ordered before their withdrawal or proceed in accordance with the provisions of Section V paragraph 7 above.

  6. Promotions in the bandi.pl Shop cannot be combined unless the terms of a given promotion state otherwise.

  7. The Customer may choose the following methods of payment for the ordered Goods with shipping to Poland:

a) bank transfer to the Seller's bank account (in this case the processing of the Order shall be commenced after the Seller has sent the Customer a confirmation of acceptance of the Order, and the shipment shall be made immediately after the payment has been received at the Seller's bank account and the Order has been put together);

b) cash on delivery, payment to the Supplier at the time of delivery (in this case the Order's processing shipment will commence after the Seller has sent the Customer a confirmation that the Order has been received and put together);

c) bank transfer or payment card (through PayPal or Przelewy24 payment systems). With these forms of payment, the processing of the Order begins after BANDI Cosmetics Sp. z o.o. receives confirmation of proper execution of the payment from the payment service provider.

  1. Goods with delivery outside the territory of Poland may only be paid for by bank transfer or payment card (via PayPal or Przelewy 24 payment system). The processing of the order begins after BANDI Cosmetics Sp. z o.o. receives confirmation of proper payment from the payment service provider.

  2. Seller and Service Provider - BANDI Cosmetics Sp. z o.o. with its registered office in Czosnów, at ul. Warszawska 7, entered into the National Court Register (KRS) in the District Court for the Capital City of Warsaw, 14th Commercial Division under KRS number 0000259978, REGON number: 140606263, tax ID (NIP): 534-233-18-20, share capital PLN 400000;

  3. The online payment operator in the Shop is Przelewy 24 ( PayPro SA (PayPro) - the Entity providing the Service to the Users, based in Poznań, ul. Kanclerska 15 (60-327), entered into the National Court Register (KRS) in the District Court for Poznań Nowe Miasto i Wilda, 8th Commercial Department under KRS number 0000347935, tax ID (NIP) 7792369887, with a share capital of 4. 500,000.00 PLN, fully paid and entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014).

  4. The online payment operator of the Service is also Pay Pal (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Etage, 22-24 Boulevard Royal, 2449 Luxembourg).

  5. Prepayment should be made by bank transfer to the account of BANDI Cosmetics Sp. z o.o:

BANDI Cosmetics Sp. z o.o.

ul. Warszawska 7

05-152 Czosnów

Credit Agricole Bank Polska S.A: 65 1940 1076 3014 1544 0000 0000

  1. If the Customer chooses to pay by bank transfer or payment card, he/she is obliged to pay the price for the ordered Goods to the bank account indicated by BANDI Cosmetics Sp. z o.o. within 21 days of the confirmation that the Order has reached BANDI Cosmetics Sp. z o.o. If the Customer fails to pay the due price within the above-mentioned period, BANDI Cosmetics Sp. z o.o. has the right to withdraw from the concluded agreement and cancel the Order, of which the Customer will be notified.

 

VII. Order and delivery time and shipping costs

 

  1. To complete the Order, the Customer is obliged to provide all necessary data to allow for its implementation, i.e. name and surname, address (street, house number, city with postal code, country), telephone number, email address. In the case of choosing the delivery option via InPost, the customer is obliged to indicate the chosen parcel machine.

  2. The estimated time of preparing the order for shipment is 1-2 working days.

  3. Orders are delivered by Poczta Polska - Poland's national post company, a Courier Company or InPost.

  4. The means and time of delivery in the Polish territory as declared by the carrier:

A Courier company, estimated delivery time: 1 working day

InPost, estimated delivery time: 1 working day

Poczta Polska, estimated delivery time: 1-3 working days

  1. The means and time of delivery in the European Union as declared by the carrier:

A Courier company: estimated delivery time: 2-10 working days

Poczta Polska, estimated delivery time: 14 working days

  1. The means and time of delivery outside the European Union as declared by the carrier:

A Courier company: estimated delivery time: 10 working days

Poczta Polska, estimated delivery time: 21 working days

  1. In the case of orders with delivery within the Polish territory, the cost of delivery depends on the method of collection and carrier rates. The Customer will be informed about the cost of delivery upon choosing the method of receipt when placing an order.

  2. For orders over 200 PLN with delivery in Poland BANDI Cosmetics Sp. z o.o. does not charge shipping costs.

  3. Regardless of the value of the order, for orders realised outside the territory of Poland:

a. Within the territory of the European Union (except Malta and Cyprus), BANDI Cosmetics Sp. z o.o. charges shipping costs at rates based on the offer of the courier company. During the finalization of the order, after selecting the country of delivery, details about the cost of shipping will appear together with additional information about the amount above which shipping is free to a given country,

b. In territories outside the European Union and the territory of Malta and Cyprus, BANDI Cosmetics Sp. z o.o. will add the cost of shipping as offered by Poczta Polska or the courier company. After finalizing the order, Customer Service will deliver the offer to the e-mail address provided by the Customer including and indicating the cost of the order and delivery. In such a case, the Customer should contact Customer Service and confirm the order and delivery within 7 days from placing the order. Failure to provide such confirmation within the deadline will be understood as cancellation of the order.

  1. BANDI Cosmetics Sp. z o.o. may withhold charging for delivery as part of a promotion by providing relevant information on the website of the Online Shop and upon placing an order.

 

VIII. Right of withdrawal

 

  1. In bandi.pl Shop the Customer who is a Consumer can withdraw from the purchase within 30 days from the date of delivery without giving any reason. The Customer who is a Consumer who has entered into a distance agreement may also withdraw from the agreement for the provision of services without giving any reason by making an appropriate statement within 30 days from the date of conclusion of the agreement.

  2. The right to withdraw from the agreement by the Consumer is excluded in the case of an agreement in which the subject of the service is a product delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons if the package has been opened after delivery.

  3. To withdraw from the agreement, the Customer must submit a statement of withdrawal from the agreement. The Customer may use the template form of withdrawal from the contract, but it is not necessary. The return form is attached to the order, and the template is also available here. The statement shall be sent by e-mail (sklep@bandi.pl) or by post to the following address Warszawska 7, 05-152 Czosnów.

  4. In the case of withdrawal from the agreement, the Customer shall return the Goods without delay, but no later than 14 days from the date of withdrawal. The Customer shall return the Goods to the address of the Shop:

BANDI Cosmetics Sp. z o.o.

ul. Warszawska 7

05-152 Czosnów 5.

  1. The direct cost of returning the product as a result of withdrawal shall be covered by the Customer.

  2. Before withdrawal from the agreement, the Customer should not use the Goods in a manner beyond that which is necessary to determine the nature, characteristics and functioning of the Goods. Otherwise, the Customer will be liable for any reduction in the value of the Goods.

  3. The bandi.pl Shop returns to the Customer all payments received from the Customer, including the cost of delivery of the Goods (except for additional costs arising from the means of delivery chosen by the Customer other than the cheapest standard means of delivery offered by the bandi.pl Shop). The bandi.pl Shop will return the payment using the same method of payment that was used by the Customer in the original transaction unless the Customer expressly agrees to a different solution; in any case, the Customer will not incur any fees in connection with this return.

  4. The bandi.pl Shop shall return the payment without delay, but no later than within fourteen days from the date on which the bandi.pl Shop was informed by the Customer about the decision to exercise the right of withdrawal from this agreement. In the case of returning the Goods (withdrawal from the agreement) the bandi.pl Shop may withhold the return of payments received from the Customer until the product is returned or the Customer provides proof of its shipment, depending on which event occurs first.

  5. From 1 January 2021, the provisions relating to the Consumer set out in this Section shall apply to agreements concluded from that date also to Customers who are natural persons concluding an agreement directly related to their business activity, when it is clear from the content of such agreements that it is not of a professional nature for them. To determine whether such a Customer has consumer rights in specific circumstances, it should be verified whether the concluded agreement is of professional nature based on the record of that Entrepreneur in the Central Business Register and Information on Business Activity of the Republic of Poland.

 

IX. Complaints

 

  1. The recommended time to submit a complaint is 7 days from the date of the event of the cause for complaint.

  2. All complaints regarding the services provided under the Terms and Conditions can be submitted to Customer Service.

  3. If the information provided in the complaint need to be supplemented, before considering the complaint, BANDI Cosmetics Sp. z o.o. shall request the complainant to supplement it in the extent indicated.

  4. If the complaint does not contain information allowing for the identification of the Customer, BANDI Cosmetics Sp. z o.o. shall leave it without consideration. Given the above, BANDI Cosmetics Sp. z o.o. always asks for data such as the name, surname, e-mail address, address or telephone number and a brief description of the problem.

  5. BANDI Cosmetics Sp. z o.o. shall consider the complaint within 14 days of its receipt or supplementation, and in particularly complicated cases within 30 days. If a complaint needs to be supplemented, the deadline for considering the complaint starts from the date of delivery to BANDI Cosmetics Sp. z o.o. of supplementary documents or additional explanations/information. If the deadline for the consideration of the complaint cannot be met, BANDI Cosmetics Sp. z o.o. will inform the Customer of the delay, indicating the reason for it (the circumstances that need to be established) and the predicted date for the consideration of the complaint.

  6. A response to the complaint shall be sent to the Customer in a manner corresponding to how the complaint was made or in the manner indicated by the Customer in the complaint.

  7. The consideration of the complaint involves the identification of the problem, assessment of its validity and resolution of the problem reported by the Customer or taking appropriate action to remove any irregularities, the causes of their occurrence and providing an exhaustive, professional response in the form and content.

  8. Customer Service provides a response that includes the position of BANDI Cosmetics Sp. z o.o. regarding the complaint, the justification and information regarding the appeal procedure.

  9. The Customer has the right to appeal against the decision issued by BANDI Cosmetics Sp. z o.o. The appeal will be considered within 14 days of its receipt at the Customer Service.

  10. The Customer may: a. make a complaint to the BANDI Cosmetics Sp. z o.o:

a. file an appeal against the decision of BANDI Cosmetics Sp. z o.o. directly to Customer Service within 14 days of receiving the response to the complaint,

b. file a claim to the competent common court.

  1. If the complaint is considered in favour of the Customer - BANDI Cosmetics Sp. z o.o. will immediately replace the defective product with a product free of defects or will remove the defect. This does not affect the possibility of the Customer to make a statement on reducing the price or withdrawing from the contract under applicable law. If it is not possible to replace the product, remove the defect or reduce the price, BANDI Cosmetics Sp. z o.o. will return the amount due immediately under applicable law.

  2. The Customer purchasing the product for the purpose directly related to his/her professional or business activity (the Customer who is not a Consumer or a Customer who is not a natural person entering into an agreement directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available based on the provisions of the Central Register and Information on Business Activity) has the right to make a complaint under the applicable provisions of law, whereby the liability of BANDI Cosmetics Sp. z o.o. under warranty for physical defects of products is limited to the amount that the Customer paid to the Company for the purchase of a given product.

 

X. Out-of-court complaint handling and redress procedures

 

  1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.

  2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection, in particular also at the following

website: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

  1. For example, the Customer who is a Consumer, has the right to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve any dispute arising from the concluded Sales Agreement;

  2. Based on the Regulation of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013, we inform that at http://ec.europa.eu/consumers/odr/ there is available a platform for online dispute resolution between consumers and entrepreneurs at the EU level (the ODR platform). The ODR platform is a website offering a single point of contact for consumers and traders seeking extrajudicial resolution of a dispute concerning contractual obligations arising from an online sales or service agreement.

 

XI. Provisions concerning Entrepreneurs (B2B)

 

  1. From 1 January 2021, this Section shall not apply to Customers who are natural persons concluding an agreement which is directly related to their business activity, when it is clear from the content of such agreements that they do not have a professional character. To determine whether such customer has, in certain circumstances, consumer rights (i.e. the right to withdraw from the agreement, liability under warranty, prohibited contractual provisions), it should be verified whether the concluded agreement is of a professional nature based on the record of that Entrepreneur in the Central Business Register and Information on Business Activity of the Republic of Poland.

  2. Under Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards the Customer who is an Entrepreneur is excluded.

  3. The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may be made without stating any reason and shall not result in any claims against the Seller on the part of the Customer.

  4. In the case of Customers who are Entrepreneurs, the Seller has the right to limit the available methods of payment, and also to require prepayment in full or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.

  5. Upon issuing the Goods by the Seller to the carrier the benefits and burdens associated with the Goods and the danger of accidental loss or damage pass to the Customer who is an Entrepreneur. In this case, the Seller shall not be liable for loss, defect or damage to the Goods arising from acceptance for transportation until delivery to the Customer and for the delay in transportation of the shipment.

  6. Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur shall be subject to the competent court for the Seller's registered office.

 

XII. Force majeure

 

  1. Neither party shall be held liable for failure to perform any of its obligations if such failure is caused by an unforeseeable event beyond their control or by an incident of force majeure, including but not limited to an epidemic, flood, fire, storm, shortage of raw materials, transportation strike, partial or total strike, or lockout. The Party affected by such events must immediately notify the other Party no later than 10 working days after the occurrence of the said event.

  2. The parties agree to jointly strive to fulfil the obligation to the best of their ability during the continuation of such events.

  3. This clause does not limit consumer rights in any way.

 

XIII. Protection of personal data

 

  1. The Seller collects and processes personal data provided by Customers under applicable law and the Privacy Policy.

  2. The Seller fully respects the right to privacy, including the protection of Personal Data. The aim of BANDI Cosmetics Sp. z o.o. is to provide access to as much information and services obtained through the Shop with the least possible interference in the Customer's privacy.

  3. The Seller hereby notifies the Customers that in the case of the use of certain types of products or services offered at the Site, they may be requested to provide a certain scope of Personal Data, which will be collected and used by BANDI Cosmetics Sp. z o.o. under the provisions described in the Privacy Policy available at https://www.bandi.pl/sklep/page.php?id=3.

  4. The Seller applies appropriate technical and organisational measures to ensure the protection of processed personal data.

  5. Additional information on the protection of personal data is contained in the Privacy Policy available on the Website.

 

XIV. Final provisions

 

  1. All rights to the Online Shop, including property copyright, intellectual property rights to its name, domain, website of the Online Shop, all published materials (descriptions and photos) of the products belong to the bandi.pl Shop or are published by it with the consent of persons and/or entities holding property copyright to these materials.

  2. The publication or use by other persons or entities of all or part of the materials published by BANDI Cosmetics without written permission is prohibited.

  3. The law applicable to agreements with Customers is the Polish law. The United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980, does not apply.

  4. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.

  5. Polish law shall apply in matters not regulated by these Terms and Conditions.

  6. Any changes to these Terms and Conditions shall be communicated to each Customer through notifications on the homepage of the Online Store containing a summary of changes and the date of their entry into force. Customers who have an Account shall additionally be informed of the changes together with their summary at the e-mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he or she is obliged to inform the Seller about this fact within 14 days from the date of being informed about the changes to the Terms and Conditions. Lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

 

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