Terms and Conditions of L'OCCITANE Web Service
§1.General Provisions §2 Definitions §3 Types and scope of rendered services §4 Conclusion of a Contract §5 Execution of the order §6 Payment Terms §7 Right of withdrawal and the procedure for the return of goods §8 Complaint procedur
§9 Warranty §10 Duration of the Contract
§11 The contractual liability §12 Rules of Personal data processing §13 The technical requirements §14 Final Provisions § 1 General provisions ↑
1. These Terms and Conditions , hereinafter referred to as "Terms and Conditions" provide the rules of services' provision via pl.loccitane.com website, hereinafter referred to as "Services".
2. Terms and Conditions set out rights and obligations of Service Provider hereinafter referred to as "the Service Provider" and User hereinafter referred to as "the User" as well as the Data Protection Policy.
3. The User is required to read the Terms and Conditions. Use of the Services which do not require registration is tantamount to Terms and Conditions acceptance.
4. For services which require registration such registration shall be tantamount Terms and Conditions acceptance.
5. Terms and Conditions are available online free of charge and may be downloaded, fixed and printed. Term and Conditions are also available at the registered office of the Service Provider, as indicated in § 2(1) hereof.
6. Each user is obliged to act in compliance with the Terms and Conditions.
7. The use of the Service constitutes a service provided electronically by the Service Provider for the benefit of the Users, as defined in the Act of July 18th 2002 on electronic services provision (Journal of Laws 2002., No. 144, item. 1204, as amended), and is subject to the Contract concluded between the User and Service Provider and to the provisions of the Terms and Conditions.
8. Access to the Service is open to anyone who has the ability to connect to the Internet. Users are not allowed to deliver any illegal content to the Service. § 2 Definitions in these Terms and Conditions the following terms have the following meaning ↑
1. Service Provider - L'Occitane Polska sp. z oo with registered office in Warsaw, ul. Poleczki 35, 02-822 Warsaw, entered into the register of entrepreneurs conducted by the District Court of the Capital City Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000034064, registered capital: 3 754 000 PLN, tax identification number 525-21-78-266, statistical number REGON 016261811.
2. The User- a natural or legal person or organizational unit without legal personality, which concludes a Contract with the Service Provider in compliance with the Terms and Conditions. 2. Services - services provided by the Service Providers hereunder.
3. Online Services - Services provided electronically by the Service Provider ie. services rendered without parties' simultaneous presence, by data transmitting conducted on User's individual request which comprises data receiving and transmitting via electronic communication means, including digital compression, and data storage of data which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. - The Telecommunications Law.
4. Seller - Service Provider to the extent that sells through the Service,
5. Buyer - Customer purchasing products through the Service, § 3 Types and scope of rendered services ↑
1. On the basis of these Terms and Conditions, Service Provider renders the services consisting of the sale L'OCCITANE products being in Service Provider's offer from time to time.
2. Electronic services provision shall be continued until the suspension or withdrawal thereof. Service Provider is entitled to suspend or withdraw the electronic services provision without prior notice, subject to the rights acquired by the Users who have already realized paid for the Services.
3. Products offered by the Service Provider shall meet the requirements of Polish law. Seller shall not be liable for any breach of law of a foreign country, to which the product will be delivered at the request of the Buyer. The Buyer is obliged to verify, in the appropriate offices of the country to which he intends to export or transfer the products, whether the products he intends to order may be imported. § 4 Conclusion of a Contract ↑
1. Any activity on the Service provider's website results in conclusion of a contract for electronic services provision consisting in web browsing.
2. In order to conclude a Contract for the provision of services, the User is required to send the duly completed form through the Service.
3. Conclusion of services provision Constract takes place upon the confirmation of duly filled form receipt by the Service Provider, which is sent to the e-mail address indicated in the form.
4. It is recommended for the Buyer to keep the e-mails confirming the conclusion of the Contract on paper or on the computer.
5. The person sending the form to the Service Provider, acting on behalf of a third person, shall possess and if necessary- provide the Service provider with the relevant authorization to conclude the Contract on behalf of the relevant Buyer.
6. The Buyer can obtain the assistance by calling the infoline: +48 698 129 758 which is open from Monday to Friday during regular office hours (10.00 am - 6 pm) or by sending an e-mail to: email@example.com. § 5. Execution of the Order ↑
1. The Contract of sale is concluded at the time of the of the final approval of the Order. The placement of the order will be automatically confirmed by the system.
2. The Seller shall provide the Buyer with the confirmation of the Contract concluded, on a durable medium at the time of the delivery of the ordered goods.
3. An order filled or placed in Polish shall indicate the address of the payer. If the delivery address is different than the address of the payer, it is required for the Buyer to indicate the address of the recipient.
4. If the ordered goods are already in sale, the Buyer shall receive the goods by express courier within 3-5 working days, subject to § 6(7). In case of the absence of the products in magazine - within 14 days.
5. The goods shall be delivered during regular office hours i.e. from Monday to Friday (9 am - 5 pm).
6. In case of strikes, natural disasters, acts of God or other circumstances not attributable to the Seller, shipping will be performed as soon as possible.
7. Seller reserves the right not to execute the order in whole or in part in case of the absence of the ordered product, or if any situation referred to in point 6 occurs. In such a case the Buyer will be informed explicitly via phone or email. Orders will be executed according to the order of their placement.
8. Offer for the product is valid as long as the product is offered on the Website, until stocks are exhausted. For promotional offers and sales a limited number of goods is available and execution of the orders is conducted in the order of it's submission until stocks are exhausted.
9. The Buyer or the recipient should inspect the parcel upon taking delivery from the courier. 10. In the case any signs of damage are observed, the Buyer or the receiver should refuse to accept the goods, and without delay report his remarks pertaining to the goods. The remarks shall be made in writing and signed by the courier. Refusal to accept the goods shall be also reported to the Customer Service on +48 698 129 758. 11. In the case referred to in point
10, the Seller shall immediately make appropriate arrangements with the Buyer concerning further proceedings.
11. In case the Buyer does not collect the shipped goods, the Seller has the right to request the return of shipping costs.
12. Any invoices issued by the Seller will be sent to the address indicated in the application form.
13. By placing an order through the Service, the Buyer represents that he has the legal capacity or ability to enter into commitments in this regard. Therefore, if a person who orders product through the Service is not at least limited in it's legal capacity, its guardians (parents or legal guardians) bear full responsibility for the commitment, including the liability for the payment of the price. § 6 Payment Terms ↑
1. The prices and methods of payment may vary and shall be determined from time to time on the Service, in ordering form and in e-mail confirming the order acceptance.
2. Unless otherwise results form these Terms and Conditions or unless otherwise provided by the Service Provider in accordance with point 1 hereof, the Buyer may use the following methods of payment: 1) by credit card - the execution of the of the order begins after receipt of the confirmation that the Buyer's account has been debited. 2) payment on delivery.
3. The following cards (credit or debit) are accepted: VISA, MasterCard, Diners, American Express, Maestro
4. All prices are given in Polish zloty and include VAT tax. The price given at the time of the order's placement is binding.
5. Additional fee for delivery of the goods (the courier fee) in the amount of 9,90 PLN will be added to each order. Shipping fees will be known to the Buyer prior to the placement of the order.
6. The Service Provider can change the available options and charges for delivery at any time, without prejudice to the form and fees accepted by the Buyer at the time of the order placement which will be binding for the sales contract concluded thereupon.
7. Seller has the right to suspend the execution of the order or delivery, in case of the lack of payment or partial payment, as well as in the case of a fraud or attempted fraud in connection with the use of the Service.
8. When placing an order with shipping overseas the Buyer should call the Customer Service +48 698 129 758 or send an e-mail to: firstname.lastname@example.org to determine the cost of delivery. § 7 Right of withdrawal and the procedure for the return of goods ↑
1. The Buyer shall have a period of 14 days to withdraw from a Contract. In order to exercise the right of withdrawal, the Buyer shall, within 14 calendar days from the date of acquiring physical possession of the goods, clearly inform (by sending the letter to the address indicated in § 2(1) or e-mail: email@example.com with the title of the message: "Withdrawal + Order number) the Seller of his intention to withdraw and if possible attach the proof of purchase.
2. The right of withdrawal can not be exercised if the products are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (eg. sterile products, skin care products); The buyer is informed about the inability to withdraw from the contract under the circumstances provided above.
3. The Buyer shall send back the goods or hand them over to the Seller or to a person authorized by the Seller to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the Seller.
4. Returned good should be addressed to: L'Occitane Poland Sp. z o.o., ul. Poleczki 35, 02- 822 Warsaw. The package should contain the title "Return".
5. The Buyer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
6. After receiving the returned package, the Seller shall reimburse all payments received from the Buyer, including, if applicable, the costs of delivery to the amount corresponding to the cheapest shipping option available in the offer. The Service Provider shall not incur the postage costs of the return.
7. The Seller may withhold the reimbursement until he has received the goods back, or until the Buyer has supplied evidence of having sent back the goods. MODEL WITHDRAWAL FORM L'OCCITANE sp. z oo ul. Poleczki 35, 02-822 Warsaw e-mail: firstname.lastname@example.org phone number: +48 698 129 758 — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*), — Ordered on (*)/received on (*), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date § 8 Complaint procedure ↑
1) Complaints may be submitted electronically to the following address: email@example.com or in writing, by registered letter to the Seller's address indicated in § 2 (1).
2) The complaint must contain: - name and address of the Buyer - relevant proof of purchase attached (eg. a receipt, invoice, terminal confirmation, bank statement).
3) Claims will be processed within 14 days of the receipt of the registered letter by the Seller.
4) The Seller has the right to ask for information on the identity of the Buyer or recipient of the ordered goods and to verify that the person submitting the complaint is entitled thereto.
5) The Seller shall review the submitted complaint in accordance with Terms and Conditions.
6) The Buyer will be notified about the Seller's decision by e-mail or in writing to the address specified in the complaint.
7) If the Seller acknowledges the legitimacy of the complaint, the Buyer returns the goods by post to the address: L'Occitane Poland Sp. z o.o., CH Arkadia ul. John Paul II 82, 00-175 Warsaw.
8) Any problems related to the order execution may be reported on phone by calling +48 698 129 758 or by e-mail: firstname.lastname@example.org
9) The buyer is also entitled to seek recourse to out-of-court complaint and redress mechanism in the Permanent Consumer Arbitration Court at the Voivodeship Inspectorate of the Trade Inspection in Warsaw. Further information thereon is available at the following address: www.uokik.gov.pl, "Consumer Dispute Resolution". § 9 Warranty ↑
1. The Seller delivers the goods without any defects. Liability under warranty is carried out in accordance with the provisions of the polish Civil Code.
2. If the products are covered with the guarantee issued by the manufacturer, importer or seller, the warranty information will be attached to the product or delivered with the product. § 10 Duration of the Contract ↑
1. The Contract shall be concluded for the period of time necessary for implementation thereof.
2. The Contract for the provision of services consisting in web browsing shall be terminated when the User ceases to use the Service. §11 The contractual liability ↑
1. The use of the Services is solely at the expense and risk of the User.
2. The User assumes full responsibility for acting in compliance with the provisions of the Terms and Conditions.
3. The Service Provider shall not be responsible for: 1) any damages arising from use of the Services by the User in a manner inconsistent with the law or the Terms and Conditions; 2) any damages resulting from the cessation of the provision of the services if such cessation was caused by the User, or due to a violation of the law or the Terms and Conditions; 3) any damages arising from the use of the data and information provided while rendering services for the economic, investment or business purposes. 4) any damage caused by the personal data disclosure in cases provided for in the Terms and Conditions.
4. Service Provider is not liable for the content of web pages located in other domains, to which links are posted on the Service. § 12 Rules of the Personal Data Protection ↑
1. The User who fills the application, registration form or who places the order through the Service, voluntarily consents to the processing of personal data to the extent necessary to carry out the Services.
2. Upon "Terms and Conditions" and the consent of the User, the Service Provider shall be entitled, on the basis of Art 23.(1) point 3 of the Act of 29 August 1997 on protection of personal data (Journal of Laws of 1997, No. 133, item. 883, as amended) to process User's personal data necessary to establish, shape the content, change or terminate the Contract for the provision of services, for the proper implementation of the Service.
3. In case the Service Provider becomes aware of the fact that the Customer uses the Services in a manner inconsistent with the law or provisions hereof, the Service Provider may process personal information concerning Client in order and to the extent necessary to establish his responsibility.
4. Personal Data processing shall comprise the following information: 1) the name and forename of the User, 2) the name of the person authorized to receive the shipment (if needed), 3) the address of residence or stay 4) mailing address, if different from the address of residence or stay 5) e-mail address 6) phone number.
5. The Service Provider indicates in registration form which Data is necessary in order to conclude the Contract for services provision. Providing personal data is voluntary. Refusal to submit personal data may result in the inability to provide services by the Service Provider.
6. The Service Provider may also process the following data related to the use of the services by the User hereunder (operating data): a) data identifying the User assigned on the basis of the data referred to in point 3 of this paragraph, b) data identifying the end of telecom network or ICT system which the User was using. c) information on the beginning, end, and a range of every use of the services, d) information whether the services were used by the User.
7. The Service Provider is the personal data controller within the meaning of the Act of 29 August 1997 on personal data protection ( Journal of Laws 2002, No. 101, item. 926, as amended).
8. The Service Provider as a data controller shall ensure the security of Users' personal data. These data are protected against unauthorized access.
9. The User has the right to access and modify his personal data.
10. The Service Provider may entrust data processing to the entity referred to in Article 31 of the Act on the personal data protection. § 13 Technical requirements ↑
1) In order to correct and make full use of electronic services, the User should have:
a) Microsoft Windows 2000 / XP / Vista / 7/8 for the iPad with iOS 5.0 or higher, for Android devices running on Android version 2.3. or higher,
b) Computer Configuration: Pentium II or higher, clock frequencies of at least 400 MHz, RAM Min.128
c) internet access - any,
h) internet browser - any;
4. Service Provider reserves that while using the ICT data, objective circumstances and factors, which are beyond the control of the Service Provider and which may affect the ability to use the Services may occur (eg. weather, improper installation, insufficient signal quality, defect or failure of telecommunication networks). § 14 Final Provisions ↑
1. The Service Provider is obliged to provide the Services in accordance with the Terms and Conditions.
2. The Client agrees to pay the price for the Services on time and in the manner specified by the Service Provider.
3. It is prohibited to use the Services offered by the Service Provider in a manner which is contrary to law, morality or which prejudices the legitimate interests of the Service Provider.
4. The Service Provider hereby informs that any materials posted on the Service are subject to copyright. The Customer is entitled to use materials exclusively within the permitted personal use and only for private purposes. Copying, reproduction, distribution through the Internet as well as any other forms of use beyond the boundaries permitted by law is prohibited.
5. The controller of personal data is L'Occitane Poland Sp. z o.o. with its registered office in Warsaw, address: ul. Poleczki 35, 02-822 Warsaw, entered into the register of entrepreneurs conducted by the District Court of the Capital City Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000034064, with a registered capital of 3 754 000 PLN (3754000), NIP(tax identification number) 525-21-78-266, Regon (statistical identification number) 016261811.
6. The Customer may also give a consent to receive commercial information related to the products and services of the Service Provider. Such consent may be revoked at any time via e-mail sent to the Service Provider's address specified herein.
7. The Service Provider shall not be liable for non-performance or improper performance of services when a failure or improper performance occurred due to the action of a third party (even if foreseeable), the fault of the Buyer or as an effect of Force Majeure.
8. The information available on the Service does not contain any direct or implied warranty as to completeness, accuracy, timeliness, authenticity, availability or reliability thereof.
9. Seller shall not bear responsibility for any damages that may be incurred by the Buyer or any third party, arising from the misuse of the products.
10. The Service Provider reserves the right to amend the Terms and Conditions. Customers will be notified of changes in the Terms and Conditions by placement of a notice of the changes at pl.loccitane.com. Any changes shall be effective 14 days after publication in such manner. Any realized payments or any orders placed by the Customers prior to the effective date of changes in the Terms and Conditions will be subject to the existing wording of the Terms and Conditions.
11. Terms and Conditions come into force on December 25th, 2014.