1.1. The following terms and conditions of sale (“Terms of Sale”) apply to the offer and sale of products through the website https://www.lamer.eu/pl/pl/ (“Website”) in the European Economic Area (“EEA”), (the “Site”).
1.3. The entity running the website and selling through it is Estee Lauder (Poland) Sp. z o.o., with headquarters in Warsaw, at 44 Domaniewska Street, 02-672 Warszawa, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division, under the number KRS 0000019698, NIP: 5260011173, REGON 010128910, with fully covered share capital in the amount of 5,979,501.13 PLN (hereinafter referred to as the "Seller" or "We" - in the correct grammatical form).
1.4. Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to expressly accept these Terms of Sale. Customers may save or print these Terms of Sale, which are also available at any time on the Site. These Terms of Sale may be modified at any time.
1.5. The Terms of Sale applicable to an order shall be the ones published on the Site at the time the customer places an order. Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due.
2.1. Information on products available on the Site, in particular product description, technical and functional parameters and prices, do not constitute an offer but an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. The prices quoted on the Site apply only to products purchased through it.
2.2. We will take all reasonable professional care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are totally accurate, complete, reliable, current, or error-free.
3.1. All prices indicated for products available via the Site are inclusive of VAT at the current rates and all other price elements, except for the delivery fees specified below, and are expressed in Polish zlotys (PLN). The price for the products does not include fees for any additional services that may be offered by the Seller (e.g. gift wrapping service). In this case, the price for the additional service will be given to the customer before making a purchase decision and will include VAT.
3.2. The price information provided on the Website is binding from the moment the customer places an order in accordance with the provisions of art. 4.5 below. The price specified in the order will not change regardless of possible price changes on the Site.
3.3. The delivery fee includes value added tax (VAT) at the applicable rates and will be communicated to the customer before making a purchase decision; such a fee is added to the price of products and specified separately on the order form. For more information, please refer to the Delivery section of the Site.
3.3. The Seller reserves the right to organize promotions. The number and type of products available under the promotion may be limited by the Seller. The rules for running such promotions will be set out separately on the Site.
4. Placing an Order
4.1. If the customer chooses to bound to placing the order , the customer will be guided through the process of placing an order by a series of simple instructions on the Site or the Customer Service Centre. The Seller like to inform that it is not necessary to create a user account tothe Site to place an order - however, creating an account according to the instructions provided on the Site allows, among others order history tracking.
4.2. The process of placing an order on the Site:
4.2.1. For Customers who have an Account on the Site:
To place an order:
4.2.2. For Customers who do not have an Account on the Website:
To place an order:
4.3. The customer should click the "Add to Bag" to place the single product in the ordered quantity in the cart. At any time while making purchases, the Customer may view the products in the Shopping Bag by clicking the "Bag" option on each page.
4.4. To place an order, the Customer should follow the on-screen instructions to go through the payment process for the order at the checkout. Until the order is placed, i.e. payment in advance or selecting the cash on delivery option, the Customer may correct errors in the data provided at any time, change the contents of the Shopping Bag by adding or removing products, or canceling the entire order upon passing to checkout before final ordering.
4.5. The Customer places an order for products via the Site by clicking the "Place Order and Pay " option, making the payment at the end of the ordering process (except for the choice of cash on delivery), which is a declaration of will (offer) to conclude a sales contract, in accordance with the provisions of Terms of Sale at the Site that the Customer had the opportunity to read when placing the order (the documents in force at the time the order is placed are applicable).
4.6. The offer is binding for the Customer from the moment of its submission (i.e. from the moment of placing the order), unless at the time of ordering the Customer receives information from the Seller that the products are not available. The customer may cancel the offer (i.e. cancel the order) at any time until the conclusion of the sales contract in accordance with Art. 4.9 BELOW - please contact our Customer Service Department.
4.7. After placing the order, the Customer will receive an e-mail confirming receipt of the order by the Seller. The e-mail confirming receipt of the order ("Order Confirmation") contains, e.g, summary of the terms of sale, precise price and form of payment, information on delivery fees, information on the right to withdraw from the sales contract and information on the complaint procedure. The receipt of the Order Confirmation by the Customer does not constitute the conclusion of the sales contract (Order Confirmation is only an automatically sent confirmation, and it is confirmed receiving the order by the Seller).
4.9. If the ordered products are unavailable, the Seller will immediately notify the Customer. In the event of a delivery of the order in which the products ordered by the Customer are missing, the Customer may (a) request the Seller to deliver the missing products or (b) resign from missing products or (c) resignation from the entire order. In the case of the situation described in point (a), the Seller delivers the missing products at his own expense, informing the Customer about the estimated delivery time. In a situation where the delivery of the missing products is impossible due to the total lack of the product or products in the warehouse or their withdrawal from sale, the Seller will inform the Customer about this fact, who in such a situation has the right to cancel part or all of the order. In the situations described in points (b) and (c), the Seller returns to the Customer the payments collected from the Customer depending on the scope of the resignation, the refund is made in accordance with the method of payment for the order by the Customer. In the event of non-delivery of some of the products and the Customer's resignation from part or all of the order, the sales contract has not been concluded in part or in its entirety since the Customer submits the statement.
4.10. The sales contract is concluded in Polish and in accordance with the provisions of the Terms of Sale.
4.11. If an order confirmation does not arrive within 24 hours after submission, customer may contact us at +48221047535 (price for calls according to operator's rates), or by e-mail firstname.lastname@example.org from Monday to Friday (except on public holidays) from 8 a.m. to 6 p.m. Saturdays 9 am to 5 pm
4.12. If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at +48221047535 from Monday to Friday (except on public holidays) from 8 a.m. to 6 p.m. or at the following link Customer Service.
4.13. If the Customer provides incorrect or false data, it will not be possible to effectively place the order or its execution of the order.
5. Gift-Wrap Service
5.1. We always take special care of orders. If this service is available in the Country, we will be happy to create a beautiful gift package. We will provide the Gift-Wrap Service upon payment by customers of the additional cost displayed on the Site.
5.2. If the customer wishes to have his/her order packaged as a gift, he/she must simply click on the “Gift Wrap” option during “Checkout”. Customers may not currently include a gift message card with their personal greeting.
6. Offer Codes
6.1. We can organize promotional actions - the rules and duration will be specified separately. Customers who are entitled to make purchases on preferential terms will receive the „offer code”. To redeem the Offer Code, customers should enter their code in the field "Offer Code" on the Site (during placing an order). Offer codes must be entered in their exact wording. Detailed provisions regarding the promotional as well as the terms of using the offer code, will be included in the detailed regulations, which Seller will inform via the Site or the newsletter.
6.2. When an offer code is accepted, the offer will be displayed in the “Order Review”.
6.3. One offer code may be used per order, unless otherwise stated in the rules of a given promotional action.
7. Payment Options
7.1 Customers may pay for the products:
a) by credit card. We accept the following credit cards: - Visa - MasterCard b) by debit card. We accept the following debit cards: - Visa - MasterCard c) in cash on delivery, d) PayPal
7.2. We do not accept credit cards with billing addresses outside of the EEA.
7.3. If you choose to pay by credit or debit card or PayPal, the payment for the order will be debited from the customer's account no sooner than when the product is shipped. Seller reserve that the authorization of the card and the blocking of the amount on the customer's account sufficient to pay for the order will take place when Customer places the order. Estimated shipping dates are listed here.
7.4. For customer’s security, in the case of payment by credit or debit card, we reserve the right to cancel any order, for which the Seller has reasonable doubts that it was not made in accordance with the law, unless the customer chooses a different payment method. The customer will be notified of the need to choose a different payment method and about the possible cancellation of the order for the above reasons.
7.5. All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, the Seller may suspend the execution of the order or refuse to deliver the ordered products (unless the customer chooses a different payment method); in such cases, we will not liable any delays or non-delivery.
8. Order Inquiries
8.1. If customers have any questions for shipping information customers may contact us at +48221047535 from Monday to Friday (except on public holidays) from 8 a.m. to 6 p.m. or at the following link Customer Service.
8.2. Customers can check the status of their most recent orders by visiting the Order Status page into the My Account area. This is the easiest and fastest way to get the most current information regarding customers’ orders.
8.3. When the customer clicks on Order Status page, he/she will be prompted to log in with his/her email address and password. An order summary page will provide the customer with detailed information about his/her current and past orders. After an order is shipped, the relevant tracking number, if available, will be displayed. Customers can track the delivery status of the order with our courier by clicking on “Dispatched” under the Order Status header. Some carriers may not have tracking information available for up to 24 business hours after the order is shipped.
9.1. Orders are processed and delivered on working days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday will be processed on the following working day.
9.2. We are unable to process orders to a P.O Box address or address outside the territory of the Republic of Poland. If you provide a P.O. box address or an address outside the territory of the Republic of Poland as a delivery address, the order will be canceled, unless the customer provides a different delivery address. The customer will be informed about the need to provide a different delivery address and about the possible cancellation of the order for the above reasons.
9.3. Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note. The Seller does not charge fees for delivery, unless the Customer has chosen the option of cash on delivery, which is an additional paid option.
9.4. Products are delivered within a maximum of 2-5 business days. Due to increased commercial activity resulting from the promotional offer, the order fulfillment time may be extended.
9.5. The shipment with the ordered products includes an order form which lists the products in the package along with prices and taxes. The customer receives a VAT invoice to the e-mail address provided in the order, and in the absence of a VAT invoice, please contact customer service directly by phone at +48221047535, from Monday to Friday (except public holidays), from 8 a.m. to 6 p.m. and on Saturdays from 9 a.m. to 5 p.m. or at the following link Customer Service.
9.6. In the event that the products specified on the form are not compatible with the products contained in the delivered package, the customer should immediately notify us by telephone on +48221047535, from Monday to Friday (except on public holidays), from 8 a.m. to 6 p.m. and on Saturdays from 9 a.m. to 5 p.m. or at the following link Customer Service.
10. Right of Withdrawal
10.1. The customer has the right to withdraw from the sales contract without giving any reason within 14 (fourteen) days from the date on which the customer (or a third party indicated by the customer, other than the carrier - if applicable) came into possession of the ordered products (in the case of one order for several products that are delivered separately - from the date on which the customer took possession of the last product). The period for withdrawal shall be deemed to have been observed if your notice of withdrawal is sent.
10.2. The declaration of withdrawal from the contract may have any form (e.g. in writing or e-mail); in order to submit it, it is also possible to use the template form constituting Appendix 1 to the attached at the end of these Terms of Sale or a form being an Annex to the Act on Consumers’ Act dated 30.05.2014 (but it is not obligatory). We kindly ask you to provide the declaration of withdrawal your contact details (name and surname of the customer and his address), the date of receipt of the products and the statement that customer withdraw from the contract. It will also be helpful to provide the order number from which you are withdrawing, but it is not mandatory. Please sign the declaration of withdrawal from the contract, sent in paper form.
10.3. The statement on the customer's withdrawal from the contract may be submitted in writing to the following address: Estee Lauder (Poland) Sp. z o.o.; Poleczki 35A; 02-822 Warszawa or in any other form (i.e. you may contact us by phone +48221047535 or by e-mail email@example.com and provide details of the order.
10.4. If the customer withdraws from the contract on the terms set out above (i.e. without the reason for withdrawal), consumer is obliged to send return the received products to Seller, immediately, however not later than within 14 day from the withdrawal from the contract. The customer bears direct costs of the return. To keep the 14-day deadline, it is sufficient to send the product before the deadline to the provided address.
10.5. The Seller offers the option of a free return using a return label. For this purpose, please contact our Customer Service Department at +48221047535 or by e-mail firstname.lastname@example.org or at the following link Customer Service. In response, Customer will receive a return label to affix to the package and return it by UPS. The closest postage point can be checked at https://www.ups.com/dropoff?loc=pl_PL. The proposed locations for UPS drop-off points are also shown on the label.
10.6. If the right to withdraw from the contract is exercised in accordance with the above-mentioned principles (i.e. without giving the reason for withdrawal), the contract is considered void and the customer is released from any obligations. Any payments received from the customer will be refunded within a maximum of 14 days from the date of receipt of the declaration of withdrawal from the contract (but please note that we may withhold reimbursement in the situation described in point 10.7. Below). The payment will be refunded using the same payment methods that were used by the Customer in the original transaction (order). In any case, the Customer will not incur any fees in connection with the return of the amount paid. The refund covers all amounts paid by the customer (including the cost of delivering products to the customer, if paid by him), except for additional costs resulting from the method of delivery of the products chosen by the customer, other than the cheapest offered by the Seller. In the case of customers who made a cash payment upon receipt of products, the refund will be made to the bank account number provided by customer.
10.7. The Seller may withhold the reimbursement until receipt of the product or until proof of its return is provided, whichever occurs first.
10.8. The customer is responsible for reducing the value of the product resulting from using it in a way that goes beyond what is necessary to establish the characteristics, nature and functioning of the product.
10.9. In the case of exercising the right to withdraw from the contract in accordance with point 11 rules (i.e. without giving a reason for withdrawal) return to Estee Lauder (Poland) Sp. z o.o. all products received by the customer are subject, including products that are part of promotional sales, provided to the customer as an integral part of the sale transaction carried out through our online store. Such products are, for example, miniatures attached to the purchase, as well as vanity cases and other items issued for purchases on the terms of special promotional campaigns. The obligation to return does not apply to products that have not been ordered by the customer, or have been transferred in connection with the purchase of products that do not form part of which the customer withdraws from the contract.
10.10. The validity and effectiveness of the customer's declaration of withdrawal from the contract does not depend on the return of the received products.
10.11. The right of withdrawal shall not apply to Products which have been personalised, unless it is a case of non-conformity of the goods with the contract or incomplete or incorrect delivery. If the delivered Personalised Product is damaged or defective, customers should immediately contact us at telephone number +48221047535 or e-mail address email@example.com.
10.12. The above provisions apply only to purchases made online by the website https://www.lamer.eu/pl/pl/. Products purchased in a stationary store are subject to the return rules applicable in each store - these Terms of Sale do not apply to such returns and do not will be realized by mail order.
10.13. You will find detailed information on withdrawal in Appendix 2.
11. Lack of Conformity
11.1. The seller is obliged to deliver the goods to the customer without defects. In the event of non-compliance of the products with the contract (e.g. when the products received by the customer are damaged or have other defects), the consumer has rights set out in the Act on Consumer’s Rights dated 30.05.2014. In such a situation, the customer may file a complaint; it may be submitted in any form (e.g. in writing or e-mail firstname.lastname@example.org).
11.2. Complaints may be submitted in writing and sent to the address of Estee Lauder (Poland) Sp. z o.o .; Poleczki 35A; 02-822 Warszawa, along with the products to which the complaint relates or at the link Customer Service (in this case Seller will contact Customer to determine how to deliver the product to Seller to which the complaint relates). The product under complaint will be collected from you at our expense by our carrier. The complaint should precisely describe the non-compliance of the products (e.g. describe the noticed defects of the product). The complaint should also include contact details and attach a copy of the invoice or receipt documenting the purchase of the products to which the complaint relates (it may also be helpful to provide the order number) - unless the customer is able to otherwise demonstrate that the products covered by the complaint were purchased through the Site. If you want to submit a complaint in a way other than in writing or by e-mail, please contact with Seller using the data provided in point 15. Also in the case of a complaint, the Seller offers the option of a free return using a return label. For this purpose, please contact our Customer Service Department at +48221047535, or at the link Customer Service. In response, you will receive a return label to affix to your package and return it via UPS. The closest postage point can be checked at https://www.ups.com/dropoff?loc=pl_PL. The proposed locations for UPS drop-off points are also shown on the label.
11.3. Customer will be informed about the results of the complaint, immediately, however not later than within 14 days from the date of filling the complaint to the provided contact details. This period is counted from the date of delivery of the complete complaint to the Seller. In the absence of feedback from the Seller within the 14 day period, it is considered that your request is considered justified.
11.4. If the complaint is accepted, the defective products will be immediately, not later than within 14 days, replaced at our expense with new ones or we will return the price you have paid for the product. If in doubt, please contact us at the following link Customer Service.
11.5. The seller is liable for the product’s lack of conformity with the agreement at the time of its delivery and revealed within two years from its delivery, unless the product’s best before date specified by the manufacturer is longer.
11.6. In other respects, the relevant provisions of the Consumer Rights Act of 30.05.2014 shall apply. No provisions of these Terms and Conditions of Sale exclude or limit the rights of Customers purchasing goods as consumers or entrepreneurs with consumer rights.
11.7. In the event of a dispute, the customer also has the option of using extrajudicial means of dealing with complaints and pursuing claims, e.g. by summoning a settlement attempt or using mediation conducted by the Provincial Inspectorates of Trade Inspection. The rules of access to these procedures can be found at WWW.UOKIK.GOV.PL.
12. Applicable Law and Jurisdiction
12.1. These Terms of Sale are governed by and must be interpreted in accordance with polish law.
12.2. Any disputes arising from the interpretation, validity and/or execution of these Terms of Sale shall be subject to the mandatory jurisdiction of the competent court in poland of the place of residence or domicile of the customer.
13.1. For information and assistance on products and how to purchase through our site, customers can contact us via the link: Customer Service or by letter to Estee Lauder (Poland) Sp. z o.o. mailing address; 44 Domianiewska Street; 02-672 Warsaw and by telephone at +48221047535 (call price at operator rates) or by e-mail at email@example.com.
14. Modifications, entering into and validity
a) change of legal provisions or issuance of a ruling by an authorized organs requiring an appropriate amendment to the Regulations - to the extent necessary, b) the need to ensure the safe operation of the Site, Internet Account and the prevention of abuse - to the extent necessary for this, c) the need to protect the legitimate interests of costumers - to the extent necessary for this, d) introducing new or extending the existing functionalities of the Date available via the Internet Account - to the extent necessary for this.
APPENDIX I MODEL WITHDRAWAL FORM
If you wish to withdraw from the contract, please fill in this form and send it to us.
I/we hereby give notice of my/our withdrawal from the contract of sale of the following goods (insert name and quantity of product(s) returned):
Date of receipt:
Customer's signature (only required for hard copy):
Appendix No. 2
INFORMATION ON EXERCISING OF THE RIGHT OF WITHDRAWAL (model information based on Annex 1 to the Consumers’ Rights Act)
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day:
- on which you took possession of the goods or on which a third party other than the carrier and indicated by you took possession of the goods, or
- on which you took possession of the last item or on which a third party other than the carrier and indicated by you took possession of the last item.
In order to exercise your right of withdrawal, you must inform us - Estee Lauder (Poland) Sp. z o.o. - Estēe Lauder, 44 Domaniewska Street, 02-672 Warsaw, Tel: +48221047535 , e-mail firstname.lastname@example.org of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication on exercising of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of normal delivery offered by us), without delay and in any event not later than 14 days from the day on which we have been informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund.
You shall only be liable for any decrease of product’s value resulting from your use of the products other than what was necessary to establish the nature, characteristics and functioning of the products.
The products you return will be collected from you by a courier. Estēe Lauder will bear the costs of the return.
Please be advised that we may withhold return of the payment until we receive the product or until you provide us with a proof of return, whichever event occurs first.