The terms used in the Regulations shall mean:
- Customer – a natural person, a legal person or an organisational unit which is not a legal person but to which special provisions grant legal capacity and that places an Order in the Store;
- Civil Code – the Act of 23 April 1964. (consolidated text Journal of Laws of 2020, item 1740);
- Consumer – an adult natural person with full legal capacity, making a purchase in the Store not directly related to his/her economic or professional activity;
- Cart – a list of products compiled from the Goods offered in the Store based on the Buyer’s choices;
- Buyer – both a Customer, Consumer and Entrepreneur as a consumer;
- Entrepreneur as a consumer – a natural person concluding a contract directly related to his/her business activity, if it results from the content of this contract that it is not of a professional nature for him/her, arising 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;
- Regulations – these Regulations on providing services electronically within the framework of the Internet Store com;
- Internet Store (Store) – the Internet service managed by Filen Ltd available at files4nails.com, through which the Customer may, in particular, place Orders,
- Seller – the seller is Filen Ltd of London, 3rd Floor, 207 Regent Street, London, W1B 3HH (this is not the address for returns);
- Providing services electronically – the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the ordering party, sent and received through devices for electronic processing, including digital compression and data storage, which is entirely transmitted, received or broadcast via a telecommunications network within the meaning of the Telecommunications Law,
- Goods – products presented in the Online Store;
- Sales Agreement – a contract of sale of Goods, as defined by the Civil Code, concluded between Filen Ltd and the Customer, concluded with the use of the Store’s website;
- Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2020, item 287);
- Act on the provision of services by electronic means of 18 July 2002 (consolidated text Journal of Laws of 2020, item 344);
- Order – Customer’s declaration of will, aiming directly at concluding a Sales Agreement, specifying, in particular, the type and number of Goods.
II. General provisions
- These Regulations set out the rules for using the Internet Store available at the following address com.
- These Regulations are the regulations referred to in Article 8 of the Act on Provision of Electronic Services.
- An online store, operating at files4nails.com and operated by Filen Ltd.
- These Regulations set out in particular:
- conditions and rules for placing electronic Orders in the Internet Store,
- rules for the conclusion of Sales Agreements using the services provided by the Internet Store.
- The use of the Internet Store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
- Internet Explorer version 8 or later,
- minimum screen resolution of 1024 x 768 pixels.
- To use the Internet Store, the Customer should obtain by oneself the access to a computer workstation or terminal equipment with Internet access.
- Under applicable laws, Filen Ltd reserves the right to restrict the provision of services via the Online Store to persons under the age of 18. In this case, potential Customers will be notified.
- Customers may access these Regulations at any time through the link on the home page of files4nail.com and download and print them.
- Information about Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code and enable Customers to get acquainted with the main characteristics of Goods before placing an Order.
- The Store may change the range of Goods on offer at any time. Changes to the offer are subject in particular to supply and delivery restrictions, without prejudice to Orders placed by the Buyer.
- The products meet the requirements of the Polish law. The Store shall not be held liable for any violation of the law in force in any country other than Poland to which the product will be delivered at the Buyer’s request (e.g. if the sale of the product is prohibited in such other country). The Buyer is obliged to check with the country’s relevant authorities to which they intend to export or transfer the products, whether the products they intend to order may be imported into that country.
III. Rules of use of the Internet Store
- To start using the Online Store, you must use the “Order” option.
- To ensure the security of the transmission of messages and data in connection with the services provided by the Internet Store, the Internet Store takes technical and organisational measures appropriate to the degree of the threat to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted on the Internet.
- The Customer shall, in particular, be obliged:
- not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- to use the Internet Store in a manner not disruptive to its functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the framework of the Internet Store,
- to use the Internet Store in a manner not burdensome for other customers and Filen Ltd,
- to use any content from the Online Store only for their own personal use,
- to use the Internet Store in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, and the general principles of using the Internet.
IV. Procedure for the conclusion of the Sales Agreement
- To conclude a Sales Agreement via the Internet Shop, you need to enter the website com, choose Goods by taking further technical actions based on messages displayed to the Customer and information available on the website.
- The selection of the ordered Goods by the Customer is made by adding them to the Cart.
- The Buyer may order one or more Goods from among those offered on the Site. In case of an intention to buy more of the same Goods within one transaction, the Seller reserves the right to refuse the transaction if its execution is impossible due to restrictions imposed by the manufacturer of given Goods. The Buyer shall be informed of quantity limitations on purchasing the same Goods in one transaction immediately after placing the Order.
- In the course of placing the Order – until pressing the “Order” button – the Customer has the possibility of modifying the entered data, including the selection of the Goods. To do so, the messages displayed to the Customer and the information available on the site must be followed.
- After the Customer using the Online Store has entered all the necessary data, a summary of the placed Order is displayed.
- A summary of the Order placed will include information on:
– the subject of the Order,
– the unit price and total price of the Goods ordered, including delivery costs and additional costs (if any),
– the selected payment method,
– the chosen method of delivery,
– delivery time.
- To send an Order, it is necessary to accept the Regulations’ content, provide personal data marked as obligatory and press the button “Order with obligation to pay”. The moment the Buyer has accepted their Order, they shall be deemed to have accepted consciously the subject of the Order and conditions of execution of the Order in question, including their obligation to pay the price for placing the Order, the price, size, characteristics, quantity and date of delivery of the Goods offered by the Seller and ordered by the Buyer.
- Sending an Order by the Customer constitutes a declaration of will to conclude a sales agreement with the Seller, under the Regulations’ content.
- After placing an Order, the Customer receives an e-mail containing a final confirmation of all the Order’s essential elements.
- The agreement shall be deemed to have been concluded upon receipt by the Customer of the e-mail referred to in section 9 above.
- The Store is not responsible for an incorrect e-mail address or failure to receive information sent by e-mail concerning the confirmation or dispatch of an Order. In all cases where the Buyer places an Order, the sale shall be deemed final.
- The Sales Agreement is concluded in the chosen language, under Polish law and with the content consistent with the Regulations.
- By accepting these Regulations, the Customer agrees that they may view and/or download the invoice in electronic form. An invoice in electronic form is sent to the e-mail address provided by the Customer when placing the Order, which the Customer is obliged to indicate correctly. The Seller will make every effort and use appropriate technical means to ensure that the electronic invoice is made available safely. The Seller shall not be liable for the consequences of the Customer’s failure to observe safety rules and reserves the right to change the file format and the manner of making the invoice available in electronic form and introduce other technical changes in this respect.
- The Seller cancels an Order that the Customer has not paid within 14 days (crediting the funds in full amount necessary to cover the costs of purchase and shipping).
- Regular delivery of the Goods is limited to the territory of the countries specified in Appendix 1 to the Regulations (below) and takes place to the address indicated by the Customer in the course of the Order.
- The Seller reserves the right to refuse the transaction if its implementation is impossible due to the Customer’s indication of a delivery address that is not serviced by carriers used by the Seller to carry out regular delivery of Goods. The Buyer shall be informed immediately after placing the Order about the inability to execute the transaction due to the reason specified in item V.2 of the Regulations.
- Delivery costs shall be added to the purchased Goods’ price and shown separately on the sales document. The Seller may change the offered delivery options at any time, while the form of delivery accepted by the Buyer at the time of placing an Order shall be binding for the Sales Agreement concluded as a result of the Order being placed by the Buyer.
- Courier carries out delivery of the ordered Goods. In addition, delivery costs will be indicated at the time of placing the Order and are indicated on the website com in the “Delivery & Payment” tab.
- Delivery is made to the address indicated by the Customer. The eligibility of persons receiving a parcel at this address will not be examined. If delivery is prevented or hindered because of an incorrect address or an address which has become incorrect, or because delivery is not accepted at this address or is not promptly accepted there, the Customer shall be liable.
- Shipping takes place on Tuesdays and Fridays if these days are working days according to Polish law.
- The Buyer or recipient of the Order should check the condition of the package and the Goods upon delivery.
- For courier deliveries, the parcel contents should always be checked in the presence of the courier. In the case of damage or loss, the parcel cannot be accepted, and a complaint report containing all the reservations about the irregularity found must be drawn up immediately in a clear and detailed manner and send to the address: ……….. (the report is in possession of the courier).
- If the customer chooses to pay by bank transfer or credit card, the order processing time is calculated from the day the payment is credited to the Seller’s bank account or settlement account.
- If the customer chooses to pay via PayPal, the order processing time is counted from the day the payment is credited to the Seller’s PayPal account.
- The shipping costs applicable in the store apply to retail purchases.
VI.Prices and payment methods
- The Goods’ prices shall be in Euros and shall include all components, excluding delivery costs, including VAT (with the rate indicated) and all other components and charges. Any change in the VAT rate shall be automatically reflected in Goods’ price offered by the Store.
- The prices of the Goods are those in force at the time the Buyer places the Order. The Store may change the prices of the Goods at any time, while the prices accepted by the Buyer at the time of placing the Order shall be binding for the Sales Agreement concluded as a result of placing that Order by the Buyer.
- The Customer can pay the price by the credit card of: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, and via PayPal.
- Payment via PayPal is made on the PayPal platform. After selecting PayPal as the payment method, the Customer will be redirected to the PayPal website. Immediately after making the payment, the Customer will be redirected back to the Online Store website.
- If the Customer chooses any of the forms of payment indicated in points 3 and 4 above, the Customer shall bear the costs thereof. These costs include, in particular, the fees and commissions charged to the Store by the bank or payment operator, including the costs of currency conversion of the payment if the Customer fails to make the payment to the currency account designated by the Store. The resulting transaction costs do not constitute revenue for the Store and are dependent on the prices indicated by the service providers and constitute their revenue. If the Store has to bear such costs, it may call on the Customer to make an appropriate surcharge, the fulfilment of the order will depend on that payment.
- All Orders are payable in Euros (EUR).
- The Store has the right to withhold or cancel the execution of an Order and/or delivery, irrespective of the type and stage of execution, in the event of non-payment or partial payment of amounts due from the Buyer, in the event of a payment incident, fraud or attempted fraud in connection with the use of the Store’s Website, including future Orders.
- The delivered Goods shall remain the property of the Seller until paid in full.
- Under current legislation, the Seller is not obliged to issue receipts.
- If a refund is required for a customer’s transaction with a payment card, the Seller shall make the refund to the bank account assigned to the Customer’s payment card.
- If a refund is required for a Customer’s transaction via PayPal, the Seller will make the refund to the Customer’s account in that system (PayPal).
VII. Right of withdrawal from the Agreement
- The Buyer who is a Consumer and Entrepreneur acting as a consumer has the right to withdraw from the Sales Agreement, without giving any reason, within fourteen (14) days from the date of delivery of the consignment. Provisions regarding the right to withdraw from the contract by the consumer shall apply accordingly to the Entrepreneur acting as a consumer.
- The withdrawal period shall expire 14 days after the day of delivery.
- To exercise the right of withdrawal, the Buyer is obliged to inform the Store of their decision to withdraw from this Agreement by an unequivocal statement (for example, by letter sent to the e-mail address ………….).
- The Buyer may use the model withdrawal form, but it is not obligatory. Please click on the link below to download the form.
- To comply with the withdrawal period, it shall be sufficient for the Buyer to send information concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Goods must be returned in an unaltered and unused condition and in their original manufacturer packaging. The Buyer shall be liable for any diminution in the value of the purchased Goods resulting from the Goods’ use in a manner that goes beyond what is necessary to ascertain their conformity with the order.
- The right of withdrawal cannot be exercised concerning purchased Goods which have been unpacked after delivery and as a result cannot be placed back on the market by the Store for reasons of hygiene and health protection.
- In the event of withdrawal from this Agreement, the Seller shall immediately refund all payments received, except for the costs of delivery of the Goods, and in any case no later than 14 working days from the day on which the Seller was notified of the exercise of the right of withdrawal from this Agreement. The Seller may withhold the refund until the Goods have been received back or the Buyer has supplied evidence of having sent back the Goods, whichever event occurs first.
- The costs of sending back the Goods shall be borne by the Buyer.
VIII. Complaints concerning Goods
- Pursuant to Article 558 §1 of the Civil Code, the Seller completely disclaims liability to Customers who are not Consumers and Entrepreneurs acting as consumers for physical and legal defects (warranty).
- The Seller shall be liable to the Customer who is a Consumer under Article 22 § 1 of the Civil Code and under Article 385(5) of the Civil Code to the Entrepreneur acting as a consumer under warranty for defects to the extent defined in the Civil Code, in particular Article 556 and Article 556 – 556 of the Civil Code.
- Complaints arising from the violation of the Buyer’s rights guaranteed by law or under these Regulations should be addressed to …….. The Seller undertakes, if possible, to consider any complaint within 14 days, and if this is not possible, to inform the Customer, if possible within this period when the complaint will be considered.
- The Seller does not provide a guarantee for the Goods sold and does not provide after-sales services.
- The Seller informs that customers’ subjective feelings regarding their individual tastes (e.g. the granulation does not suit the Customer, etc.) do not mean that the goods have defects within the meaning of the Civil Code on warranty.
- The Seller informs that colour deviation resulting from different monitor settings does not mean that the goods have defects within the meaning of the Civil Code on warranty.
IX. Complaints about the provision of electronic services.
- The Seller takes actions to ensure the fully proper functioning of the Shop, to the extent resulting from the current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.
- The Customer is obliged to immediately notify the Seller by e-mail (…) or by phone (…) of any irregularities or interruptions in the Online Store’s service’s functioning.
- In a complaint, the Customer should give their name, correspondence address, type and date of an irregularity related to the Store’s functioning.
- The Seller is obliged, if possible, to consider every complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
- The controller of the databases of personal data provided by Customers is Filen Ltd.
- The Store undertakes to protect personal data under the applicable legislation in this regard, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
XI. Final Provisions
- Settlement of potential disputes arising between Filen Ltd and a Customer who is a Consumer within the meaning of Article 22 of the Civil Code, and an Entrepreneur acting as a Consumer shall be submitted to the competent courts under the provisions of the relevant provisions of the Code of Civil Procedure.
- Settlement of potential disputes arising between Filen Ltd and a Customer who is neither a Consumer within the meaning of Article 22 of the Civil Code nor an Entrepreneur acting as a Consumer, shall be submitted to the court in Jelenia Góra, Poland.
- In matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Provision of Electronic Services and other relevant Polish law provisions shall apply.
- The Files4Nails and Filen trademark and all graphical or non-graphical marks, all illustrations, images and logos and all content on the Websitefiles4nails.com are and shall remain the exclusive property of Filen Ltd or the relevant intellectual property rights holder. Any reproduction, modification or use, in whole or in part, of the above trademarks, illustrations, images and logos or other content on the website indicated, for any reason and in any medium, without the explicit written prior permission of Filen Ltd or the respective intellectual property owner, is prohibited.