Perfumiarz

Terms & Conditions

general informations

These Terms and Conditions (“Terms”) govern the use of the online store operated at perfumiarz.com (the “Store”) and the conclusion of distance sales contracts with customers located in the European Union, including the rules for placing orders, delivery,payment, the right of withdrawal, and the complaint procedure.

These Terms are based on Polish law and, where applicable, on European Union law di-
rectly governing cross-border consumer contracts, in particular: Directive 2011/83/EU on consumer rights, the Polish Act of 30 May 2014 on Consumer Rights (which implements the Directive), the Polish Civil Code of 23 April 1964, Regulation (EU) 2016/679

(GDPR), and Regulation (EC) No 593/2008 on the law applicable to contractual obliga-
tions (Rome I).

General Provisions

  • The owner and administrator of the perfumiarz.com online store is Karol Jaśkowiak, operating a sole proprietorship under the business name Karol Jaśkowiak, with its registered seat and correspondence address at: ul. Łagiewnicka 9, 52-512 Wrocław, Poland, Tax ID (NIP): 8982081316, Business Registry Number (REGON): 384092757 (the “Seller”).
  • The Seller can be contacted by e-mail at contact@perfumiarz.com or by phone at
    +48 534 457 685.
  • These Terms apply to customers who are consumers as well as to customers acting
    as businesses, unless a given provision expressly states that it applies only to one
    of these groups.
  • The Store sells and ships products to customers located in European Union member states. Prices, availability, and delivery times may vary depending on the destination country.
  • The controller of personal data processed in connection with these Terms is the Seller. The rules for processing personal data are set out in the Store’s Privacy Policy.
  • Using the Store, including browsing the product range and placing orders, requires acceptance of these Terms.

Definitions

  • Store – the online store operated by the Seller at perfumiarz.com.
  • Seller – Karol Jaśkowiak, as identified in § 1(1).
  • Customer – a natural person, legal person, or organizational unit without legal personality who uses the Store, in particular by placing an Order.
  • Consumer – a Customer who is a natural person entering into a legal transaction with the Seller that is not directly related to that person's business or professional activity.
  • Business Customer – a Customer acting for purposes related to their trade, business, craft, or profession.
  • Account – a set of resources in the Seller's IT system, identified by an individual login and password, in which the Customer's data is stored.
  • Product – an item (in particular perfumes, eau de toilette/parfum, cosmetics, and accessories) presented in the Store and offered for sale.
  • Sales Contract – a contract for the sale of a Product concluded, or to be concluded, between the Customer and the Seller through the Store.
  • Order – a declaration of intent by the Customer aiming directly at the conclusion of a Sales Contract, specifying in particular the type and quantity of the Product.
  • Order Form – an interactive form available in the Store enabling the placement of an Order.
  • Working day

Technical Requirements

Using the Store requires: a device with Internet access, a web browser supporting cookes and JavaScript, and an active e-mail address. The Seller informs Customers that using

the Internet may involve standard risks (e.g., malware); the use of up-to-date antivirus
software is recommended.

Customer Account

  • Registering an Account in the Store is voluntary and free of charge. Placing an Order is also possible without registering an Account ("guest checkout").
  • Creating an Account requires providing an e-mail address and setting a password.
  • The Customer is obliged to keep their Account access credentials confidential and not to engage in activity that violates applicable law.
  • The Customer may delete their Account at any time by contacting the Seller at the address indicated in §1(2).

Placing and Processing Orders

  • Prices of Products displayed in the Store are given in euro (EUR) and, unless stated otherwise, are gross prices inclusive of applicable value added tax (VAT). Prices do not include delivery costs, which are shown separately before the Order is placed.
  • Orders may be placed 24 hours a day via the Order Form available on the Store's website.
  • To place an Order, the Customer must: add the selected Products to the cart, select a delivery country and payment method, provide the data necessary to process the Order (including billing details, where applicable), and confirm the Order by clicking a button that clearly indicates the obligation to pay (e.g., "Order with obligation to pay").
  • Placing an Order constitutes an offer to conclude a Sales Contract. Upon placing an Order, the Customer receives a confirmation e-mail, which constitutes acceptance of the offer and conclusion of the Sales Contract.
  • If an ordered Product is unavailable, the Seller will promptly notify the Customer, who may cancel the Order in whole or in part, or agree to an extended processing time.

Payments

  • The Store offers the following payment methods to customers ordering from outside Poland: PayPal; payment card (Visa, Mastercard, and other cards supported by the payment processor); bank transfer to the Seller's bank account (including international transfers, e.g. SEPA).
  • Where payment is made in advance (PayPal, card, or bank transfer), the Customer must pay within 3 calendar days of the conclusion of the Sales Contract. If payment is not received within this period, the Seller may withdraw from the Contract.
  • Online payments (PayPal and card payments) are processed by an external payment service provider indicated on the Store's website during checkout. The Seller is not a party to, and bears no responsibility for, the contract between the Customer and the payment service provider.
  • Where currency conversion is required (e.g., the Customer's card is denominated in a currency other than EUR), any conversion is performed by the Customer's bank, card issuer, or PayPal at their own applicable exchange rate; the Seller has no influence over such rates.
  • Upon the Customer's request, the Seller will issue a VAT invoice.

Delivery

  • The Store delivers Products to European Union member states exclusively via international courier service. Delivery methods such as parcel lockers or in-person pickup are not available for orders shipped outside Poland.
  • The cost of delivery is borne by the Customer, unless the Seller announces free shipping as part of a promotion. The delivery cost applicable to the Customer's country is shown before the Order is placed.
  • Order processing time (time to prepare the Product for shipment) is typically 1–3 working days from the date payment is credited. Delivery time to EU destinations outside Poland typically ranges from 3 to 10 working days, depending on the destination country and the carrier; an estimate is displayed in the Store before the Order is placed.
  • As all shipments covered by these Terms are sent to destinations within the European Union, no customs duties or import formalities apply. Depending on future changes to EU VAT rules, prices may reflect the VAT rate applicable in the Customer's country of residence under the EU One-Stop-Shop (OSS) scheme.
  • The Customer is advised to inspect the parcel in the presence of the courier upon delivery. Reporting visible damage at the time of delivery is recommended but is not a precondition for exercising warranty or non-conformity rights.

Right of Withdrawal (Consumers)

  • A Consumer who has concluded a distance contract with the Seller has the right to withdraw from it within 14 calendar days, without giving any reason and without incurring costs other than those described in paragraph 6 below. This right derives from Directive 2011/83/EU and applies uniformly across the European Union.
  • The withdrawal period begins on the day the Consumer, or a third party other than the carrier indicated by the Consumer, takes possession of the Product (or, for orders comprising multiple Products delivered separately, on the day the last Product is received).
  • To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by an unambiguous statement, e.g. by letter sent to the Seller's address or by e-mail to contact@perfumiarz.com. The Consumer may, but is not required to, use the model withdrawal form set out in Annex 1 to these Terms.
  • To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the deadline expires.
  • In the event of withdrawal, the Seller will reimburse all payments received from the Consumer, including standard delivery costs (excluding any additional cost resulting from the Consumer's choice of a delivery method other than the cheapest standard method offered by the Seller), without undue delay and in any event within 14 days of receiving the withdrawal statement. The reimbursement will be made using the same means of payment used by the Consumer for the original transaction, unless the Consumer expressly agrees otherwise and incurs no fees as a result.
  • The Seller may withhold reimbursement until it has received the returned Product back, or until the Consumer has supplied evidence of having sent it back, whichever is earlier.
  • The Consumer must send back the Product without undue delay and in any event within 14 days of communicating their withdrawal, to: ul. Łagiewnicka 9, 52-512 Wrocław, Poland. The Consumer bears the direct cost of returning the Product, including any international shipping cost.
  • The Consumer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

Complaints – Statutory Warranty and Conformity of Goods

  • The Seller is obliged to deliver Products that are free from defects and in conformity with the contract, and is liable to Consumers under the applicable statutory warranty/conformity rules of Polish law (implementing EU harmonised consumer sales law).
  • A complaint may be submitted in any form, in particular in writing to the Seller's registered address or electronically to contact@perfumiarz.com, describing the subject of the complaint and the Customer's request (e.g. repair, replacement, price reduction, or withdrawal from the contract, in the scope and order provided by law).
  • The Seller will respond to the complaint without undue delay, and in any event within 14 calendar days of receipt. Failure to respond within this period is deemed acceptance of the complaint.
  • Costs related to returning a defective Product for a complaint are borne by the Seller, to the extent the complaint is justified.
  • This paragraph does not apply to Business Customers; see § 12 below.

Out-of-Court Dispute Resolution

  • A Consumer has the right to use out-of-court methods of handling complaints and pursuing claims, including mediation and arbitration proceedings offered by consumer protection bodies in Poland or in the Consumer's country of residence.
  • Consumers resident in the EU may use the European Commission's Online Dispute Resolution (ODR) platform, available at: ec.europa.eu/consumers/odr, to resolve disputes relating to online purchases without going to court.
  • Detailed information on out-of-court dispute resolution in Poland is available on the website of the Polish Office of Competition and Consumer Protection (uokik.gov.pl).

Provisions Applicable to Business Customers

  • This paragraph applies exclusively to Customers acting as Business Customers, i.e. purchasing for purposes related to their trade, business, craft, or profession.
  • Towards Business Customers, the Seller's liability under statutory warranty for defects is excluded to the extent permitted by the applicable law governing the contract.
  • The right of withdrawal described in § 8 does not apply to Business Customers, unless the Seller decides otherwise in a specific case.
  • The Seller's liability towards a Business Customer, regardless of its legal basis, is limited to the amount of the price paid and delivery costs for the relevant Sales Contract, and the Seller is liable only for typical, foreseeable damages and not for lost profits.

Personal Data and Cookies

  • The controller of Customers' personal data is the Seller, as identified in § 1(1).
  • Personal data is processed to perform the Sales Contract, handle complaints and returns, comply with legal obligations (including tax obligations), and, subject to separate consent, for marketing purposes.
  • Detailed rules on the processing of personal data, including the rights of data subjects under the GDPR, are set out in the Store's Privacy Policy.
  • The Store uses cookies in accordance with the rules described in the Privacy Policy / Cookie Policy.

Governing Law and Jurisdiction

  • These Terms and the Sales Contract are governed by the laws of Poland.
  • Where the Customer is a Consumer habitually resident in another European Union member state, the choice of Polish law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence, in accordance with Article 6 of the Rome I Regulation (EC) No 593/2008.
  • Any disputes between the Seller and a Consumer will be resolved by the competent court in accordance with generally applicable procedural rules, which for consumers typically allow proceedings to be brought before the courts of the Consumer's own country of residence.
  • Disputes with Business Customers will be resolved by the court having jurisdiction over the Seller's registered seat.

Final Provisions

  • The Seller reserves the right to amend these Terms for important reasons, in particular: changes in applicable law, changes in payment or delivery methods, or changes in the scope of the Store's activity. Amendments do not affect Orders placed before the amendment's effective date.
  • The Seller will inform Customers of any amendment by publishing the updated Terms on the Store's website together with information on the changes made, with at least 7 days' notice before the amendment takes effect.
  • Matters not regulated by these Terms are governed by applicable Polish and, where relevant, European Union law.
  • These Terms enter into force on the date of publication on the Store's website.

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To: Karol Jaśkowiak, ul. Łagiewnicka 9, 52-512 Wrocław, Poland, e-mail: contact@perfumiarz.com

  • I/We() hereby give notice that I/We() withdraw from my/our(*) contract of sale of the following goods: .....................................................................................................
  • Date of conclusion of contract()/receipt(): .....................................................................
  • Name of consumer(s): .....................................................................
  • Address of consumer(s): .....................................................................
  • Order number (if applicable): .....................................................................
  • Bank account (IBAN) for reimbursement: .....................................................................
  • Signature of consumer(s) (only if this form is submitted on paper): .....................................................................
  • Date: .....................................................................

() Delete as appropriate*