Terms and Conditions of Eveline Cosmetics website

These Terms and Conditions set forth the principles of using the Website available at https://en.eveline.eu/, in particular the types of online services available on the Website, terms of the provision of these services, including but not limited to technical requirements which need to be met to ensure compatibility of User devices with the service provider’s ITC system, terms of concluding and terminating agreements for the provision of these services, as well as the complaint process.

These Terms and Conditions are a type of a T&C document referred to in Article 8 of the Act on the Provision of Online Services of 18 July 2022 (consolidated text: Journal of Laws of 2019, item 123, as amended).

  1. Definitions
    1. The terms listed below will have the following meaning:
      1. Data Controller – the Service Provider as the entity controlling Users’ personal data;
      2. cookies – IT data, in particular small text files, saved and stored on User devices, which can be read whenever the device connects to the Website and which enable or help Users access the Website’s functionalities;
      3. personal data – all information on the individual who is identified or identifiable on its basis as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; Official Journal of the European Union, L 119, 4 May 2016, pp. 1-88);
      4. Website content – all graphics, photographs, and Product visualisations, advertising videos, sounds and melodies and lyrics, slogans, names (including without limitation the name of the Website), trademarks, Product names, Product series names, company names and any other distinctive marks and similar complete items, as well as their selection, arrangement and layout on the Website, regardless of whether they come with symbols denoting their protected nature (e.g. the ® sign next to a trademark) or they are items free of such visible marking, displayed on or via the Website and being property of the Service Provider or its partner entities, as well as Website software and database;
      5. Terms and Conditions – the entirety of the rules set forth in this document regulating the use of the Website and any applicable services provided on the Website, unless otherwise stipulated in other documents referred to in these Terms and Conditions, particularly those concerning special services provided on the Website;
      6. Parties the Service Provider and the User;
      7. Website – a variable set of services provided online by means of an IT tool connected to the Internet, in accordance with these Terms and Conditions and the terms of conditions of other services provided on the Website, available via the link “Terms and Conditions” placed at the bottom of each subpage of the Website, as well as by means of references from other areas of the Internet, in particular the general information service concerning the Service Provider’s business, the service for maintaining the Account on the Website, the eStore service, newsletter service, as well as other information and communications services;
      8. User device – an electronic device, in particular a computer system or a mobile phone on which the User accesses the Website;
      9. Service Provider – Beauty Brands Ecommerce sp. z o. o. with registered office at Żytnia 19, 05-506 Lesznowola, entered in the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 14th Business Division of the National Court Register under number KRS 0000760609, share capital: PLN 5 000.00, REGON [statistical ID]: 381956358, NIP [tax ID]: 1231417982;
      10. User – any person who uses the Website in any manner.
  2. General provisions
    1. These Terms and Conditions set forth the rules for the Users of the Website with regard to the use of any services provided on the Website. The provision of special services on the Website, such as the eStore service, may be partly subject to separate provisions referenced in these Terms and Conditions.
    2. Website content, e.g. the name of the Website, trademarks, trademarks and other distinctive marks displayed on the Website, Website software and database made available to the Users in the form of or via the Website is legally protected; its principles of use are specified in Section VI of these Terms and Conditions.
    3. Each start of the use of the Website and special services provided via the Website means the User’s express consent to the rules set forth in these Terms and Conditions, including without limitation separate principles governing the provision of these services.
    4. Persons using the Website may access these Terms and Conditions, as well as the rules of provision of special services on the Website, at any time via the “Terms and Conditions” link at the bottom of each subpage of the Website and make their printouts.
    5. These Terms and Conditions may be modified as stipulated in the provisions of Section X herein.
  3. General principles and technical conditions of the provision of services
    1. The conclusion of the agreement for the provision of services on the Website means expressing consent to being bound by the conditions of use set forth in these Terms and Conditions. The Service Provider advises that it does not enter into custom agreements with the Users; all Users use the services provided on the Website on principles set forth exclusively in these Terms and Conditions and the documents referenced herein.
    2. The agreement for the provision of general information services concerning the Service Provider’s business on the Website is effectively concluded the moment the User activates the Service’s URL in the address bar of his or her Internet browser or a reference shared in external resources (in the form of a link, banner, pop-up etc.), and is terminated, subject to separate provisions of these Terms and Conditions, the moment the User device stops displaying the Website.
    3. In his use of the Website, the User agrees to refrain from actions which could disrupt the operation of the Website, in particular the use of any software or devices which could have such effect on the Website, as well as entering inaccurate or unlawful information, or information contrary to accepted principles of morality, or personal data of individuals other than himself or herself.
    4. The use of the Website with complete security, seamless data processing on the Website and accurate presentation of its text and image content is possible only if User devices and ITC system meet minimum requirements:
      1. a computer, a laptop, a tablet, a mobile phone or any other multimedia device with access to the Internet;
      2. Internet browser: Mozilla Firefox minimum version 15, EDGE, Opera minimum version 10, Google Chrome minimum version 12, Safari minimum version 10 (we do not guarantee correct store functionality with legacy browser versions);
      3. Cookie and JavaScript support enabled in the Internet browser
    5. Note that the Service Provider is not an Internet Service Provider. In order to use the Website, the User should access the service on his or her own, taking into account the fact that the conditions on which such services are rendered by their providers may affect the security and comfort of the use of the Website and even if the User’s ITC system meets the requirements referred to in the sections above, the smooth running of Website data processing and the accuracy of its text and graphics may still be below the User’s reasonable expectations.
    6. The Service Provider reserves the right to:
      1. make changes, unilaterally and from time to time, to the way in which the services are provided on the Website, in accordance with conditions external to the Service Provider, in particular market and legal conditions, as well as appropriately to technical possibilities, without a deterioration in their quality, and without effect on the scope of rights and responsibilities of the Parties, as well as the right to temporarily suspend the availability of the Website and the provision of individual services on the Website in connection with its maintenance, equipment upgrade, extension or modernisation;
      2. completely cease to make the Website available and cease to provide individual services on the Website, and start providing new services on the Website, including without limitation of different type than the services previously provided.
  4. Complaints
    1. In the course of his or her use of the Website, the User agrees to immediately inform the Service Provider about any irregularities, faults or interruptions in the functioning of the Website and of insufficient quality of the services provided on the Website.
    2. The User may submit his or her complaints in connection with the functioning of the Website to: info.eu@eveline.eu
    3. Complaints and their submission in connection with the use of the Website, as well as complaints and their submission in connection with the products purchased in the eStore, are regulated in the terms and conditions of the eStore service.
    4. The Service Provider processes complaints and sends its replies to the Users in the order of submission, within 30 days of their receipt.
    5. The Service Provider advises that in the event of a complaint or disputes between the Service Provider and the User, the User may make use of out-of-court resolution and claim enforcement methods. For detailed information on this subject, please call the Consumer Federation toll-free hotline number: +48 22 123 81 81.
  5. Liability
    1. Persons visiting the Website use the Website at their sole risk. The Service Provider shall not be liable towards any individuals using the Website for any indirect or direct losses or damage, loss of any data, profit, revenue, business, however caused, except for damage arising from wilful misconduct or gross negligence on part of the Service Provider or its employees. Furthermore, the Service Provider shall not be liable for any omissions in performance of its responsibilities arising from these Terms and Regulations caused by circumstances for which it is not liable under applicable law.
    2. The User is solely liable for the accuracy, formal correctness, completeness and relevance of data which he or she submits to the Website; in particular, the User should correctly select and secure against unauthorised access any credentials which enable him or her to access the Website, such as username and password, and supply accurate, correct, complete and relevant data requested by the Service Provider as necessary for the use of the services provided on the Website.
    3. The fact that third-party websites are connected to the Website by Internet references (links) does not imply that the Service Provider permits such references, is liable for the activity of such Websites or their content, or that the Service Provider otherwise accepts them.
    4. The Service Provider develops the Website and the services provided on the Website bearing in mind the satisfaction that the User would derive as a typical person using the Website. Therefore, the Service Provider is not liable for satisfying the User’s expectations as to the substantive content, accuracy or usefulness of the information retrieved from the Website, unless such liability is expressly accepted by the Service Provider.
    5. The Service Provider shall not be liable for any technical issues or limitations in the User’s computer equipment, ITC system or telecommunications infrastructure which make it prevent or hinder the use of the Website.
    6. The User shall be liable for any damage caused to the Service Provider in connection with lawsuits, charges and expenses due to any breach of these Terms and Conditions by the User, including without limitation the User’s device used to access the Website or the data submitted to the Website.
    7. The User ensures that he or she will use the Website, both in terms of receiving and transmitting information, only in a manner which complies with applicable law and moral standards, and with respect to intellectual property rights, personal rights and personal data of others.
    8. To the maximum extent permitted by law, the Service Provider disclaims all liability for the effects of further use of the information obtained through his or her use of the Website, in particular for the consequences of decisions with regard to healthcare, beauty care, finance management, child upbringing and education, leisure activities and any other areas of life.
  6. Intellectual property protection
    1. The use of the content of the Website is possible, subject to the minimum use arising from regulations on permitted non-contract use of copyright, trademarks, patents and other intellectual property rights, only if previously and individually consented to in writing by the Service Provider
    2. In particular, the User agrees not to re-use the Website content, including without limitation images and descriptions of the Products, in order to create offers for the purchase of any goods or services.
  7. Privacy policy
    1. The Service Provider processes data, including User’s personal data, in the manner described in the “Privacy Policy” available at any time via the “Privacy Policy” link at the bottom of each subpage of the eStore.
    2. The Service Provider hereby informs the Users that in the process of their use of the Website and the services provided on the Website, including without limitation the eStore, the Service Provider employs cookie files in the way described in the “Privacy policy” available via the link “Privacy policy” located at the bottom of each subpage of the Website.
    3. Whenever the User is referred by a link on the Website, invitation or opportunity to visit, or otherwise to a website controlled by a third party, the User submits all data, including without limitation his or her personal data, to such third-party website at his or her own sole risk.
  8. Newsletter
    1. On principles set forth in these Terms and Conditions, the Service Provider provides the User with a newsletter service, which involves sending irregular, free-of-charge e-mails to the User’s e-mail addresses containing commercial information.
    2. To order the newsletter service, the User must:
      1. enter his or her e-mail address in the box of the gate activating the newsletter;
      2. agree to the rules set forth by these Terms and Conditions;
      3. voluntarily consent to receive commercial information from the Service Provider;
      4. select “Subscribe to newsletter”.
    3. The User may also perform these actions by taking advantage of the Account service provided on the basis of the eStore Terms and Conditions.
    4. Commercial information sent in the newsletter will concern exclusively the Service Provider, its partners, and products from the Service Provider and its partners, in particular cosmetic and hygiene products.
    5. The User may at any time unsubscribe from the newsletter by means of an “unsubscribe” link located at the bottom of any message received or by using the Account service provided on the basis of the eStore Terms and Conditions, unchecking the relevant box and selecting “Submit”.
    6. The newsletter service will be deactivated within 24 hours from the day the Service Provider receives the submission, and the User may receive a confirmation e-mail to this effect.
  9. eStore
    1. The Service Provider provides the Users with the eStore service and, for this purpose, it supplies an IT tool connected to the Internet, available on conditions set forth in these Terms and Conditions and the Website Terms and Conditions, available at any time via the “Terms and Conditions” link at the bottom of each subpage of the eStore, as well by reference from other areas of the Internet, through which the Service Provider (as the Seller) enables the Users (as Customers), in particular, to order and purchase products.
  10. Miscellaneous
    1. If any provision of these Terms and Conditions is or becomes unlawful, non-enforceable, incomplete, ineffective or invalid, it will not affect the validity of the remainder of the agreement concluded between the Service Provider and the User. Should this happen, the Parties will enter into negotiations in order to substitute the incomplete or ineffective provision with a legally effective provision, corresponding as far as possible to the purpose of the challenged provision of these Terms and Conditions.
    2. These Terms and Conditions and any agreements concluded on their basis shall be governed by the Polish law.
    3. The Seller reserves the right to make changes to these Terms and Conditions. Any changes to these Terms and Conditions will not infringe upon the rights of the Users who ordered the services provided on the Website prior to the change taking effect. Changes to these Terms and Conditions become effective 7 days after the day on which they are posted on the Website. The Seller will inform the User of the changes in an e-mail sent to the User’s address. If the User does not consent to the change, he or she should select “I do not accept the change to the Terms and Conditions”. If you do not accept the change, you will be unable to continue using the services provided on the Website.
    4. These Terms and Conditions become effective on 2.05.2024