Store regulations

Terms and conditions of the online store www.hairmate.com

along with the terms and conditions of service

The entity operating the online store via the Internet, operating at www.hairmate.com is Hairmate Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Ludwika Rydygiera 16 lok. U1, 01-793 Warsaw, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the number 0000785206, NIP 5272892831, REGON 383312665, share capital PLN 15,000.00, e-mail address: dostepy@hairmate.pl .

§1

DEFINITIONS

Price – value expressed in monetary units that the Customer undertakes to pay to Hairmate for the Product. The Price given is the gross amount to be paid.
Price – Product Price without discount.
The lowest price in the 30 days prior to the introduction of the discount – the lowest price in
which the Product was available in the Store in the last 30 days before the discount was introduced.
Reduced Price – The Price of the Product in the Store after a reduction.
Cookies – text files sent by the www server and stored by the web browser on the hard drive of the computer or other end telecommunications device of the User and intended for the use of websites.
Delivery - means the actual act of delivering to the Customer by the Seller, through the Supplier, the Product specified in the order.
Working day – a day from Monday to Friday, excluding days that are considered public holidays in Poland.
Order Form – available in electronic form on the website www.hairmate.com through which the Customer can purchase Products from Hairmate.
Complaint form – available in electronic form on the website www.hairmate.com, by means of which the Customer may submit a Complaint.
Hairmate - Hairmate Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Ludwika Rydygiera 16 lok. U1, 01-793 Warsaw, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the number 0000785206, NIP 5272892831, REGON 383312665, share capital PLN 15,000.00, e-mail address: dostepy@hairmate.pl.
Password – a sequence of characters used to identify the User. The password consists of at least 8 characters, contains lowercase and uppercase letters and numbers or special characters. The password cannot be identical to the user's first and last name.
Product Card – a single subpage of the Store containing information about a specific Product.
Customer – a natural person with full legal capacity (in cases specified by law, also a person with limited legal capacity), a natural person conducting business activity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity and who intends to or has concluded a Product Sales Agreement or an Agreement for the provision of Electronic Services with Hairmate.
Consumer – a natural person who concludes a legal act with an entrepreneur that is not directly related to his or her business or professional activity.
Basket – a list of Products selected by the Customer from among the Products or Electronic Services offered in the Store.
Account – a part of the Store to which the Customer has access after logging in using a login and password individually set by the Customer, within which the Customer has the possibility of accessing Products and Services provided by Hairmate; it is a set of data in the IT system entered by the Customer, including data on Orders placed by the Customer so far, the status of currently placed Orders or the use of Subscriptions.
Login – e-mail address of the Customer provided within the Online Store when creating an Account;
Place of issue – postal address or collection point indicated by the Customer in the Order for delivery of the Product.
Moment of delivery – the moment when the Customer or a third party indicated by him for collection takes possession of the Product.
ODR Platform – (Online Dispute Resolution) a website for resolving consumer disputes in the e-commerce sector, operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and is available at ec.europa.eu/odr
Payment – payment for the Product and Delivery.
Product – an item available in the Store that may be the subject of sale.
Entrepreneur – an entity concluding an agreement with Hairmate as part of its business activity that is not an Entrepreneur with consumer rights.
Entrepreneur with Consumer Rights – a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Collection point – the place of issue of the Product, which is not the Customer's address indicated in the Order, but has been indicated by Hairmate in the Store as the place from which the Product can be collected.
Shop – online service available at www.hairmate.com, through which the Customer may conclude a sales agreement or an agreement for the provision of electronic or digital Services.
Completion date – the number of hours or business days specified on the Product Card required to complete the Order.
Digital content - data produced and delivered in digital form.
Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by Hairmate to the Customer of the Products indicated in the Order, in return for payment of the Price increased by any additional fees, including shipping costs, concluded via/using the Online Store or other means of distance communication.
Electronic service – a service within the meaning of the Act of 18 July 2002.
on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended), provided electronically by Hairmate via the website www.hairmate.com
Digital service – a service that allows the Client to: (1) create, process, store or access digital data, (2) share digital data that has been sent or created by the Client or other users of this service, (3) otherwise interact using digital data.
Consumer Rights Act – Act of 30 May 2014 on consumer rights.
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means.
Order – a declaration of intent of the Customer submitted via the Store, aimed directly at concluding a Product Sales Agreement between the Customer and Hairmate or an Agreement for the supply of digital content.

§2

GENERAL INFORMATION

The Regulations define the terms and conditions of use of the Online Store, which is available via the website www.hairmate.com ( taking into account the subpages and tabs located at the indicated internet address), run by Hairmate.
The Regulations are addressed both to Customers who are Consumers and to Customers who are not Consumers and who use the Store or Electronic or Digital Services.
These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means, and also regulate the conditions for concluding Sales Agreements in the Store.
Acceptance of the Regulations is voluntary, but necessary in order to create an Account, place an Order, conclude a Sales Agreement or use Electronic or Digital Services.
The Regulations are made available to the Customer free of charge before concluding the Sales Agreement for Products available in the Store by posting them on the website www.hairmate.com
The content of the Sales Agreement is additionally recorded and secured in the Store's computer system. Hairmate may also provide services to the Customer electronically.
The Store is used to purchase Products and also serves to inform Customers
about Products and provides Customers with the opportunity to use services, including:

browsing content made available in the Online Store;
Customer Account registration;
ability to post content in the Store;
the ability to provide feedback on a product or service purchased or offered by the Seller;
Newsletter.

The information presented in the Store or, in the case of providing the possibility of concluding a Sales Agreement using other means of distance communication, an electronic message with the content of the proposed Sales Agreement, constitutes only an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code, addressed by Hairmate to Customers, and not an offer under the provisions of the Civil Code.
You can contact Hairmate by phone at: …….. and by e-mail: dostepy@hairmate.pl. If you wish to contact us in traditional written form, please write to us at: Hairmate Sp. z o. o., ul. Ludwika Rydygiera 16 lok. U1, 01-793 Warsaw.
Hairmate does not charge any fees for communication with it using means of distance communication, and the Client may only bear the costs resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.

§3

ELECTRONIC AND DIGITAL SERVICES

General provisions.

Hairmate provides the following electronic or digital services to Customers free of charge via the Store:

Account,
registration form,
Order form,
presenting Customers with advertising content tailored to their interests, including, depending on the provision of appropriate voluntary consent by Customers, presenting Customers with ongoing notifications directly from the web browser (“push” notifications);
enabling Customers to use the Basket services;
enabling viewing of content posted within the Store;
maintaining the Client’s session after he/she has logged in to the Account;
storing and making available to the Customer via the Account the Order history;
Newsletter.

Hairmate takes steps to ensure the proper functioning of the Store.
The Customer undertakes to use the Electronic and Digital Services and the Store in a manner consistent with the law, in particular to:

providing only true, current and all necessary Customer data in the forms provided within the Store;
immediate updating of data, including personal data, provided by the Customer in connection with the conclusion of an agreement for the provision of Electronic Services or a Sales Agreement, in particular to the extent necessary for their proper performance;
not providing content of an illegal nature, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties;
respect the rights of Hairmate and third parties, including copyright and other intellectual property rights;
use the Store in a way that does not disrupt its operation;
not taking actions such as: sending or placing unsolicited commercial information (spam) within the Store;
use the Store in a way that is not burdensome to other Customers and to Hairmate;
not to undertake any IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers or interfering with the principles or technical aspects of the functioning of the Store;
not to modify in an unauthorized manner the content provided by Hairmate, in particular that provided within the Shop, Prices or descriptions of Products;
use any content posted on the Store only for personal use;
use the Store in a manner consistent with applicable legal regulations, provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given area.

The condition for obtaining access to electronic or digital Services or the Store is to use a device that communicates with the Internet and is equipped with a commonly used Internet browser. The minimum recommended technical requirements for using the Service are the following Internet browsers: Firefox version 64, Chrome (Chrome for Android) version 71, Safari 12.1 (12 iOs Safari), Opera 58 (Opera Mobile), Edge 18, with Javascript, Cookies and the option of saving Cookies and Javascript and Local Storage support enabled in the Internet browser.
Hairmate declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining, appropriating or modifying Customer data. In order to protect such data, Customers should use adequate technical measures that will minimize the above-mentioned risks, including in particular antivirus programs or programs protecting the identity of people using the Internet.
Electronic services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the Client's request.

Account.

The Account is provided for an indefinite period. Creating an Account is not required to place an Order in the Store.
Registration and use of the Account is possible after the Customer completes the following steps:

filling out the registration form, in which the Client should fill in the following data: first name, last name, e-mail address (which will be their Login), telephone number and set an individual Password, which they will use to log in to the Account. The Client is obliged to keep the Password secret and protect it from unauthorized access by third parties. The Client may only have one Account assigned to one e-mail address.
acceptance of the provisions of the Regulations;
reading the Privacy Policy;
clicking on the "Register" box;
clicking the activation link sent to the email address provided during registration. The link is active for ... hours.

The Account allows the Customer to enter, edit or delete data, including delivery addresses, place Orders using the data entered by the Customer, create a shopping list, view Order history, the status of currently placed Orders, payment status, as well as order and cancel the Newsletter order.
The Customer declares that the data provided in the Registration Form is true and does not violate the rights of third parties.
If the Client does not remember the password to their Account, they can use the "I forgot my password" option available in the login tab. After providing the email address that the Client used to set up the Account and selecting the "Recover password" option, an email with a generated link to change the current Password will be sent to this address.
The Client has the right to resign from using the Electronic or Digital Service in the form of an Account at any time by sending a message with the appropriate instruction via e-mail to the following address: dostepy@hairmate.pl The instruction to delete the Account is accepted for execution after confirming whether the person making the request is the holder of this Account. The deletion of the Account takes place immediately and means the termination by the Client of the agreement for the provision of services by electronic means, the subject of which is the maintenance of the Client's Account.
Hairmate is entitled to block the Customer Account in cases provided for in generally applicable legal provisions, as well as for important reasons, i.e.:

the Customer’s use of the Store in violation of generally applicable legal provisions, third party rights, including personal rights or principles of social coexistence;
repeated (at least twice) violations of the provisions of these Regulations by the Customer;
repeated (at least twice) orders for Products by the Customer with false address details, making Delivery impossible.

Hairmate informs the Customer about blocking the Account via e-mail. Blocking the Account means the termination of the contract with the Customer for the provision of services by electronic means with immediate effect.

Basket.

The use of the Cart begins when the Customer adds the first Product to the Cart.
The Basket is provided free of charge and is of a one-off nature and ends when an Order is placed through it or when the Customer stops placing an Order through it, in accordance with their will, and in the case of using the Basket via a web browser, the Basket remembers information about the Products selected by the Customer also after the end of the browser session, including after logging out, for a period not longer than 30 days.
Placing Products in the Shopping Cart does not guarantee their availability.

Order.

In order to place an Order, the Customer may use a one-time Electronic Service in the form of an Order Form. The use of this service is initiated by the Customer adding a Product to the Cart.
After selecting the Products, the Customer will be asked to fill in the data in the Order Form concerning the Customer, such as: name and surname, address of residence (street, house/apartment number, postal code, city, country), delivery address, e-mail address, contact telephone number (optional). Additionally, the Customer will be asked to select the method of payment and Delivery (in the case of Products). In the case of Customers who are not Consumers, it is also necessary to provide the company name, and if they requested a VAT invoice as part of the form, also the Tax Identification Number. In order for the order process to be finalized, the Customer should select the option "I buy and pay". If the Customer has selected the electronic method of Payment for the Product, they will be automatically redirected to the selected online Payment system.
At any stage of placing an order, until payment is made, you can cancel the order by stopping going through the next steps and leaving the subpage used for placing orders. An order that is not completed by the Customer will be considered canceled and will not be fulfilled.
The use of the Electronic Service in the form of an Order Form is terminated at the latest at the time of placing the Order. After the Order process is completed, a confirmation of placing the Order will be automatically sent to the e-mail address provided by the Customer.

Newsletter.

With separate expressed consent, the Customer may also use the Electronic Service in the form of a Newsletter.
The Newsletter is sent electronically to the e-mail address provided by the Customer and contains commercial information concerning, in particular, but not exclusively, Products, new products, bestsellers, discounts in the Store, discount codes, the activities of the Store or Hairmate, interesting events, new content on the blog, as well as remarketing information, such as welcome messages after a purchase, information about a Product left in the Basket, etc.
Newsletters are sent periodically or after a certain period of time has passed since the Product was left in the Shopping Cart or after viewing a given Product.
Automatic calling systems may be used to send them. The Newsletter is an electronic service provided for an indefinite period, and the Customer has the right to cancel its use at any time. The Newsletter service is provided in exchange for leaving personal data required in the process of signing up for the Newsletter service and requires leaving consent to the sending of commercial information.
Signing up for the Newsletter requires the Customer to provide an e-mail address in the appropriate tab on the Store's website (the Customer may also voluntarily complete information about the day and month of their birthday) and select the "Sign up" option (or equivalent), confirming at the same time that they have read the Privacy Policy and accepting the Regulations. Another way to consent to receiving the Newsletter is to check the appropriate box in one of the tabs available in the individual Account or to express consent in the process of placing an Order.
By signing up for the Newsletter service, an agreement for the delivery of Digital Content is concluded. Hairmate independently decides on the regularity of the Newsletter delivery. Hairmate may also stop sending the Newsletter or suspend the sending of the Newsletter for a certain period of time.
The Client has the right to cancel the use of the Newsletter service at any time. In order to cancel the Newsletter, the Client should click on the "unsubscribe" link (or equivalent) located at the very bottom of each message in which the Newsletter is sent.
Hairmate is liable for the lack of conformity of the Newsletter service with the contract, existing at the time of its delivery, which became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act. If the Newsletter service is inconsistent with the contract, the Consumer may file a complaint and demand that it be brought into conformity with the contract.
Hairmate will respond to the complaint within 14 (fourteen) days of its receipt.
Hairmate may refuse to bring the Newsletter service into conformity with the contract if bringing the Newsletter service into conformity with the contract is impossible or would require excessive costs for Hairmate.

Complaints about Electronic Services.

Any complaints regarding Electronic Services provided by Hairmate may be sent by the Customer via e-mail to the following address: helpme@hairmate.pl or in writing to the following address: Hairmate Sp. z o. o. ul. Ludwika Rydygiera 16 lok. U1, 01-793 Warsaw .
The content of the complaint should include the Customer's contact details, a description of the subject of the complaint (including the date of occurrence of the irregularity) and the Customer's request in connection with the submitted complaint. Hairmate will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt.

§4

PRODUCT SALE

Conclusion and performance of the Sales Agreement.

Hairmate reserves the right to change the Prices of Products in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or introduce changes to them, in accordance with applicable law.
The conclusion of a Sales Agreement via the Store between the Customer and Hairmate may take place after the Customer has placed an Order under the terms specified below.
The Customer may place orders for Products available in the Online Store assortment 7 (seven) days a week and 24 (twenty-four) hours a day.
The total value of the Order includes the Price, shipping costs and other costs of services selected by the Customer. The Customer is informed of the total price including taxes of the Product that is the subject of the Order, as well as the Delivery costs (including transport, delivery and postal fees) and other costs when placing the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
In order to place an Order, the Customer should perform at least the following steps:

add Product/s to Cart;
provide your identifying data in the Order Form or provide your invoice data, in accordance with § 3 section 19 of the Regulations. A Customer who does not have an Account must complete the Order Form independently, in terms of their data necessary to conclude and execute the Sales Agreement. In any case, providing outdated or false Customer data may prevent the execution of the Sales Agreement;
choose one of the Delivery types provided by Hairmate;
choose the method of payment of the Price and any other total costs of the execution of the Sales Agreement indicated in the Order Form. Depending on the selected method of payment, the Customer may be redirected to the websites of an external payment service provider. The payment made constitutes an advance payment that will be credited towards the Sales Agreement at the time of conclusion of the Sales Agreement, in accordance with paragraph 8.
select the Product(s) release locations;
accept the Regulations and confirm that you have read the Privacy Policy;
confirm placing an Order in the Store by using the " Buy and pay " button.

Immediately after the Customer places an order, which constitutes an offer to conclude a Sales Agreement, an email message from Hairmate will be sent back to the Customer
with confirmation of receipt of the Order and commencement of its verification.
Once the Order has been verified, without undue delay, Hairmate will send the Customer an email to the email address provided with:

confirmation of acceptance of the Order for execution or
information about the refusal to accept the Order for execution in whole or in part (information about the cancellation of the Order in respect of the Products indicated
in message from Hairmate).

Upon Hairmate's confirmation of acceptance of the Order for execution, a Sales Agreement is concluded.
When placing an order, the Customer has the opportunity to check, correct and confirm all data referred to in § 3 section 19 entered into the Order Form.
The condition for the commencement of the execution of the Customer's Order paid via the electronic payment system is the posting of the Customer's Payment to the Hairmate account or the payment operator. In the event that the Payment has not been made, the contract is treated as not concluded.
The purchased Product is sent by the type of Delivery selected by the Customer to the Delivery Location indicated by the Customer in the Order.
Hairmate may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer.

Payment methods and rules.

Hairmate provides the Customer with various methods of payment under the Sales Agreement.
The current possible payment methods are specified in the Store in the " Payment Methods " tab (available at www.hairmate.com ). The available payment methods may depend on the delivery method chosen by the Customer. The following Payment methods are available:

electronic payment via the fast online payment system (online payment) or
payment by card;
payment by traditional transfer.

Payment by traditional transfer, as referred to in paragraph 14 point 4) should be made to the following Hairmate bank account: no. … In the transfer title, please indicate: name
and surname or name and order number.
Settlements for electronic payment and payment card transactions are carried out in accordance with the Client's choice through authorized services operating under separate regulations.
In the event that Hairmate does not receive the Customer's electronic payment, as referred to in paragraph 14, point 2) or 3), immediately after placing the Order, Hairmate may contact the Customer to remind them of the payment, including by sending an e-mail. Failure to make payment within 24 hours of placing the Order will mean that the Agreement has not been concluded and the Order will be cancelled.
Depending on the payment method chosen by the Customer:

the payment for the Products is collected at the time of Delivery - applies to the payment referred to in § 4 section 14 point 1); failure to make payment results in the impossibility of receiving the Order. Refusal to pay upon receipt or failure to collect the Order entitles Hairmate to withdraw from the Sales Agreement. The Customer may also cancel the Order within the specified period without incurring any consequences, which does not affect their right to withdraw from the agreement.
the payment for the Products is collected as an advance payment, which means that the ordered Products will be sent after receiving the payment - applies to payments referred to in § 4, section 14, points 2) to 4); the maximum waiting time for the payment referred to in section 14, point 4) is 3 business days from the date of conclusion of the Sales Agreement - after this time, Hairmate has the right to withdraw from the Sales Agreement, without the need to set an additional deadline for the Customer to make the payment;

Hairmate issues and provides Customers with proof of purchase in electronic form in the form of a receipt or invoice. By accepting these Regulations, the Customer agrees to receive invoices in electronic form to the e-mail address provided by him/her. The receipt is provided to the Customer together with the Order in paper form.
In the event that it is necessary to make a correction to the sale of Products to the Customer:

in the case of a sale documented by an invoice - Hairmate issues a correction invoice and refunds the payment in the same way as the payment was made by the Customer. The correction invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer agrees;
in the case of a sale documented by a receipt - provided that the receipt is returned from the Customer, Hairmate includes the sale in the returns register and refunds the payment in the same manner in which the payment was made by the Customer.

In the case of Customers who are not Consumers, Hairmate has the right to limit the available methods of Payment, including requiring prepayment in whole or in part. This provision does not apply to Customers who are Entrepreneurs with Consumer rights.

Delivery.

Hairmate enables Customers to deliver Products within Poland using courier delivery.
The delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Hairmate may introduce special conditions and methods of delivery, in particular determine the amount of the Order from which free delivery will apply. The costs of delivery of the Product are indicated to the Customer in the " Delivery Methods " tab in the Store (available at: www.hairmate.com), including when the Customer expresses their will to be bound by the Sales Agreement.
The Order processing time is counted from the moment of receiving payment for the Products - excluding Orders paid upon receipt, in the case of which the Order processing time is counted from their placement - and is generally: from 1 to 3 business days, and in exceptional situations this time may be extended to 5 business days, unless a different time is given in the description of a given Product or when placing the Order. The time of delivery of the Product by a given carrier should be added to the above time, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the "Delivery Methods" tab in the Store.
If the Customer is an Entrepreneur, excluding an Entrepreneur with Consumer rights,
upon Hairmate's release of the Product to the carrier, the benefits and burdens associated with the Product are transferred to the Customer, including the risk of accidental loss or damage to the Product. In such a case, Hairmate shall not be liable for any delays in delivery on the part of the carrier.

§5

LICENSES

Exclusive rights to the content provided or placed in the Store by Hairmate or its contractors, in particular copyright, the Store name, trademark or software, as well as rights in the databases are subject to legal protection and are owned by Hairmate or entities with which Hairmate has concluded appropriate agreements.
The Customer is entitled to use the content referred to in paragraph 1 free of charge, as well as to use the content posted in accordance with the provisions of law and already distributed by other Customers within the Shop, but only for their own personal use and only for the proper use of the Shop. The use of the content in another scope is only permissible on the basis of express, prior consent, granted by the entity authorized to do so, in writing under penalty of nullity.
As part of the Store, Hairmate may present Customer content, including opinions of Customers who have purchased a given Product, as well as Customer questions regarding Products submitted to Hairmate. The Customer may post an opinion or query using a special form located on the Product Card. In order to obtain an opinion, Hairmate may also contact the Customer by e-mail with a request to express an opinion about the Product. Before sending an opinion or query, the Customer confirms that they have read the information clause regarding the processing of personal data available in the Privacy Policy and that they accept the terms of these Regulations.
An opinion or query may only concern a specific Product. The Customer may not include in the opinion or query advertising content (including surreptitious advertising or product placement) that does not concern the Product, is of an illegal, offensive nature, incites racial, religious, ethnic hatred, etc., including propagating violence, containing vulgarisms, generally considered morally reprehensible, containing works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Customer does not have the rights necessary for their exploitation. Hairmate reserves the right to remove opinions or queries that are inconsistent with the Regulations.
If the opinion or inquiry constitutes a work within the meaning of the Act of 4 February 1994 on copyright and related rights, the Customer, by placing an opinion or inquiry on the Website, grants Hairmate an indefinite, non-exclusive and free license to maintain the opinion or inquiry in the resources of the Hairmate IT system, to permanently or temporarily reproduce it using any technique (including printing and digital techniques) and to distribute it (in particular on the Internet and other media), including introducing it to the market, lending or renting copies thereof, as well as publicly performing, exhibiting, displaying, reproducing, broadcasting, re-broadcasting, using, recording, changing, deleting, supplementing, displaying and making it publicly available in such a way that everyone can have access to it at a place and time chosen by them for the purposes of the marketing activities of Hairmate, the Store or the Products presented in the Store, without territorial restrictions. In the above scope, Hairmate is also entitled to grant sub-licenses, as well as to exercise, independently or through third parties, exclusive dependent rights in the development, adaptation, processing and translation of the work.
Hairmate publishes only real customer reviews and does not commission anyone to post reviews of its Products.

§6

COMPLAINTS

Complaints of Consumers and Entrepreneurs with Consumer Rights.

Hairmate is liable to the Customer who is a Consumer or an Entrepreneur with Consumer rights for the compliance of the Products with the Sales Agreement, in accordance with Chapter 5a of the Consumer Rights Act. In the event of non-compliance of the Products with the Sales Agreement, the Consumer and the Entrepreneur with Consumer rights have the right to file a complaint. The Customer may use the Complaint Form, the template of which constitutes Appendix No. 3. Complaints about the Products should be sent to the following address: Hairmate Sp. z oo Centrum Panattoni, ul. Logistic 6, 05-250 Dark, Dock 31-27 .
Hairmate is liable for the non-conformity of the Product with the Sales Agreement that existed at the time of delivery of the Product and was revealed within two years of the delivery of the Product, unless the expiration date is longer. Hairmate is not liable for the non-conformity of the Product with the Sales Agreement if the Customer referred to in this paragraph, at the latest at the time of conclusion of the Sales Agreement, received clear information that the purchased Product was of inferior value or the Customer expressly accepted the lack of a specific feature of the Product.
In the event of non-conformity of the Product with the Sales Agreement, the Customer referred to in paragraph 1 above may request the repair of the Product or its replacement. If it is impossible to bring the Product into conformity with the Sales Agreement in the manner chosen by the Customer or would require excessive costs, Hairmate may replace the Products if the Customer requested a repair, or repair the Product if the Customer requested a replacement.
If repair and replacement are impossible or would require excessive costs, Hairmate may refuse to bring the Product into conformity with the Sales Agreement. When assessing the excessiveness of costs for the entrepreneur, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Product with the contract, the value of the Product in conformity with the contract and excessive inconvenience to the Consumer resulting from the change in the method of bringing the Product into conformity with the Sales Agreement.
In the cases indicated in paragraph 2, the Customer shall make the Product available to Hairmate for repair or replacement. Hairmate shall repair or replace the Product within a reasonable time from the moment the Customer has informed Hairmate of the non-conformity of the Product with the contract and without excessive inconvenience to the Customer.
The cost of repair or replacement of the Product is borne by Hairmate. Hairmate ensures collection of the Product at its own expense, for this purpose Hairmate provides Customers with a free method of collecting the complained Product via a courier or enables the collection of the Product from the Customer in another way at Hairmate's expense. Details of the methods provided by Hairmate for free collection of the Product by Hairmate can be found on the Website in the "Complaints" tab.
In the event of non-compliance of the Product with the Sales Agreement, the Customer referred to in paragraph 1 may request a price reduction or refund due to withdrawal from the agreement, when:

Hairmate refused to repair or replace;
the lack of conformity of the Product with the Sales Agreement persists despite Hairmate's attempt to bring the Product into conformity with the Sales Agreement;
the lack of conformity of the Product with the contract is so significant that it justifies a reduction in the Price or a refund of the Price due to withdrawal from the Sales Agreement without prior use of the protection measures specified in paragraph 2;
it is clear from Hairmate's statement or the circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.

The Reduced Price remains in such proportion to the Product Price in which the value of the Product consistent with the Sales Agreement remains in proportion to the value of the Product not consistent with the Sales Agreement.
The Customer referred to in paragraph 1 may not withdraw from the Sales Agreement and demand a refund of the Price for the Product if the non-conformity of the Product with the Sales Agreement is immaterial. In the event of withdrawal from the Sales Agreement, the Customer shall immediately return the Product to Harimate at Hairmate's expense.
In the event of a reduction in the Price or withdrawal from the Sales Agreement, Hairmate shall refund the Product Price to the Customer in full or in part, as appropriate, immediately, no later than within 14 days of receiving the Product or proof of sending back the Product.
If the non-conformity of the Product with the Sales Agreement applies only to some of the Products delivered under the Sales Agreement, the Customer may withdraw from the Sales Agreement only in relation to those Products. An exception is the situation in which the Customer may withdraw from the Sales Agreement for all Products if the Customer cannot reasonably be expected to agree to retain only Products that are in conformity with the Sales Agreement.
Hairmate will refund the price using the same payment method used by the Customer, unless the Customer expressly agrees to another method of refund that does not incur any costs for the Customer.

Entrepreneurs’ Complaints.

Quantity shortages (quantity of collective packages) of Products should be reported to Hairmate on the day of Delivery. Other quantity shortages should be reported within 7 days of Delivery provided that the Products are not deprived of the warranty tape.
Hairmate declares that it grants the Customer, who is an Entrepreneur, excluding an Entrepreneur with Consumer rights, a warranty for quality defects of the Products, amounting to 24 months counted from the issue of the Products on the terms specified below. The application of the provisions of the Civil Code is excluded.
The Customer, referred to in paragraph 13, shall report the defect within 7 days from the date of detection of the defect via e-mail to helpme@hairmate.pl (date of reporting the defect), and confirmation of sending the message via e-mail is proof of reporting the defect. Hairmate shall confirm receipt of the defect report on the same or the following day to the Customer's e-mail address.
In the event of receiving a notification of a defect, Hairmate is obliged to respond to the notification immediately, but no later than 14 days from the date of receipt of the complaint. In response, Hairmate should provide the Customer referred to in paragraph 13 with the results of analytical tests documenting the reported quality defects, provided that the presentation of these results is useful and/or necessary to substantiate the presence of the defect.
In each case of reporting a defect, Hairmate must retain all samples, documents and other evidence allowing both parties in the complaint procedure to decide on the existence or non-existence of the defect and a possible estimate of the extent of the damage and its repair. Hairmate is obliged to present the evidence in question to the Customer referred to in paragraph 13 upon request.
In the event that Hairmate acknowledges the reported quantity shortages or quality defects, Hairmate will immediately, within the time agreed with the Customer, as referred to in paragraph 12, deliver the missing Products or replace Products free from defects. Replacement is the only way to remove defects under the warranty provided herein.
In the event that Hairmate does not accept the complaint, the parties will use their best efforts to amicably determine the existence or non-existence of the defect. In the event that an amicable determination cannot be made, the dispute will be submitted to a specialized independent laboratory for resolution. In the event that the Parties are unable to select a laboratory within 30 days of submitting a request for resolution of the dispute by the laboratory, the dispute will be resolved by a laboratory indicated by Hairmate.
In the event that the dispute is submitted to the laboratory for resolution, the parties shall bear the costs of the advance payment for the laboratory's examination in equal parts. The entire cost of the examination (including the advance payment) shall be returned by the losing Party to the party whose position was shared by the laboratory resolving the dispute on the merits. The ruling issued by the laboratory shall be binding on the Parties.

§7

RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT

A Customer who is a Consumer or an Entrepreneur with Consumer rights, who has concluded a distance contract or created an Account in the Store, may withdraw from the Sales Agreement or the Account management agreement within 14 days without giving a reason and without incurring any costs other than those provided for by law (which constitutes the statutory right of withdrawal for Customers who are Consumers). In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
The period for withdrawal from the Sales Agreement begins on the day the Customer, referred to in paragraph 1, or a third party indicated by him other than the carrier, takes possession of the Product. In the case of the Account Management Agreement, the period for withdrawal begins on the day on which the Customer, referred to in paragraph 1, obtained access to digital content or a digital service.
In order to meet the deadline, it is sufficient for the Customer to submit to Hairmate the declaration referred to in par. 1 before its expiry. The Customer referred to in par. 1 may submit any unequivocal declaration in which he or she informs about his or her withdrawal from the Sales Agreement. The declaration of withdrawal from the Sales Agreement may be submitted in writing to the following address: Hairmate Sp. z oo Centrum Panattoni, ul. Logistic 6, 05-250 Dark, Dock 31- 27 , electronically to the e-mail address helpme@hairmate.pl or by filling out the dedicated Form available at: www.hairmate.com The Products should be returned to the following address: Hairmate Sp. z o. o. Centrum Panattoni, ul. Logistic 6, 05-250 Dark, Dock 31-27.
Hairmate will immediately confirm receipt of the declaration of withdrawal from the Sales Agreement to the e-mail address indicated in the Withdrawal Form.
The declaration may be submitted using the withdrawal form, which constitutes Annex No. 1 ( Consumer withdrawal form from the concluded contract ) or Annex No. 2 ( Form of withdrawal by an Entrepreneur with Consumer rights from the concluded contract ) to these Regulations. However, this is not obligatory.
In the event of withdrawal from the Sales Agreement by an Entrepreneur with Consumer Rights, in the declaration of withdrawal from the Sales Agreement, the Entrepreneur with Consumer Rights is obliged to include a declaration that the Sales Agreement concluded by him/her, directly related to the business activity he/she conducts, does not have a professional character for him/her, resulting in particular from the subject of the business activity conducted by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity. In the event that the Sales Agreement was concluded with the Entrepreneur in connection with the business activity conducted and has a professional character for a given Customer, this Customer is not an Entrepreneur with Consumer Rights and does not have the right to withdraw from the Sales Agreement on the terms specified in this paragraph.
The consumer should return the Products to Hairmate within 14 (fourteen) days from the date on which he/she withdrew from the contract. To meet the deadline, it is sufficient to send the Products to Hairmate before it expires. The consumer bears the costs of returning the Products to Hairmate. It is recommended to attach proof of purchase of the Product in order to facilitate the return process.
If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by Hairmate, Hairmate is not obliged to reimburse the Consumer for any additional costs incurred by him.
Hairmate will refund the payment within 14 (fourteen) days from the date of receipt of the declaration of withdrawal, using the same method of payment as used by the Consumer. In the event that the payment was made by cash on delivery, the Customer should indicate the bank account number to which the Payment will be refunded.
The Customer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary.
The right to withdraw from a contract concluded at a distance does not apply to the Customer in relation to contracts:

for the provision of services, if Hairmate has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after Hairmate has performed the service, the Customer will lose the right to withdraw from the contract;
where the subject of the provision is a Product with a short shelf life;
where the subject of the provision is a Product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
in which the subject of the provision are Products which after delivery, due to their nature, are inseparably connected with other items.

Any questions regarding the exercise of the right to withdraw from the Sales Agreement may be sent by e-mail to the following address: helpme@hairmate.pl.

§8

RESPONSIBILITY

Hairmate as well as its employees or authorized representatives and proxies shall not be liable to the Customer who is not a Consumer or an Entrepreneur with the rights of a Consumer, its employees, authorized representatives and proxies for any damages, including loss of profits, unless the damage was caused intentionally by Hairmate, its employees, authorized representatives or proxies.
Hairmate's liability towards a Customer who is not a Consumer or an Entrepreneur with consumer rights is limited to the amount of the Price paid and the costs of Delivery under the concluded agreement, but not more than PLN 1,000. In such a situation, Hairmate is only liable for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits.

§9

OPINIONS

Only the Customer who made a purchase in the Store will receive an email with a request to leave a review along with a link to the online form enabling it. The online form allows you to answer Hairmate's questions regarding the purchased Products along with a request to evaluate them and possibly add a photo of the purchased Product taken by the Customer.
Opinions submitted by the Customer, together with submitted photos, are published in the Store, with the proviso that opinions containing obscene or vulgar content, names and surnames of natural persons, names of third parties, violating personal rights or intellectual property rights of Hairmate or constituting an act of unfair competition towards Hairmate will not be published.
The Client may publish a photo for which he/she has full copyright and also has the consent of the person immortalized in the photo to publish their image in the Store. Hairmate may refuse to publish a photo for which there is doubt as to whether the person immortalized in them consents to the publication of their image, the person is presented in a scantily clad state, the photo contains a visible logo of another brand, or may cause unpleasant feelings in the person viewing it.
The person who is affected in any way by the opinion or photo may at any time request their removal. To do this, please contact Hairmate immediately by e-mail at helpme@hairmate.pl, by phone at ……. or in writing to the following address: ul. Ludwika Rydygiera 16 lok. U1, 01-793 Warsaw.

§10

OUT-OF-COURT DISPUTE RESOLUTION METHODS

A Customer who is a Consumer or an Entrepreneur with Consumer rights is allowed to use an out-of-court method of handling complaints and pursuing claims.
Detailed information on the use of out-of-court dispute resolution and the procedure for accessing these procedures is available on the website of the Office of Competition and Consumer Protection at the following address:

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.phpa also
in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Voivodship Inspectorates of Trade Inspection.

In order to obtain additional information regarding amicable proceedings, the Client referred to in paragraph 1 may also contact the Contact Point of the Office of Competition and Consumer Protection https://polubowne.uokik.gov.pl/kontakt,7,pl.html. The Point can be contacted by phone – by calling 22 55 60 332 or 22 55 60 333, by e-mail – by sending a message to the address: kontakt.adr@uokik.gov.pl or in person – at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw.
We inform you that a complaint regarding Products or services purchased online can also be filed via the ODR Platform, which is a single point of access for consumers and traders who want to resolve a dispute out of court. The link to the ODR Platform is available at: ec.europa.eu/odr.
The first point of contact is our e-mail address: salon@hairmate.pl More information about the ODR Platform can be found at: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html

§11

PERSONAL DATA PROTECTION

The Customer's personal data is processed by Hairmate as the personal data controller.
The provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, and conclude a Sales Agreement.
Additional explanations regarding the protection of personal data are included in the " Privacy Policy " tab available in the Store under: www.hairmate.com ......

§12

FINAL PROVISIONS

The Regulations and the annexes to the Regulations constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
In matters not regulated on the Store's website, the provisions of Polish law shall apply.
Agreements are concluded via the Store in Polish.
Hairmate may amend these Regulations at any time in accordance with generally applicable provisions of law if at least one of the following important reasons occurs:

a change in the legal provisions regulating the sale of Products or the provision of services by electronic means affecting the mutual rights and obligations specified in the agreement concluded between the Customer and Hairmate or a change in the interpretation of the above legal provisions as a result of court judgments, decisions, recommendations or instructions of competent offices or bodies in a given scope;
a change in the method of providing services caused solely by technical or technological reasons (in particular, updating of the technical requirements specified in these Regulations);
changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by Marion existing functionalities or services covered by the Regulations.

The Regulations are effective from 15/08/2024 and are available to Customers free of charge at the following address: www.hairmate.com

Annex 1: Form for withdrawal from the concluded contract by the Consumer

Annex 2: Form for withdrawal from the concluded contract by the Entrepreneur with the rights of a Consumer.

Appendix No. 3: Complaint form

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