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TERMS AND CONDITIONS OF THE TRUEMENSKINCARE ONLINE STORE

§1. Definitions

In the Regulations, the following terms have the following meanings:

  1. Administrator or Seller – FerrumLabs S.A. based in Warsaw (postal code: 02-566) at ul. Puławska 12/3, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Division of the National Court Register under the number KRS: 0000902960, NIP: 5213930091, REGON: 389092087, share capital: 154,958.50 PLN fully paid. Contact details of the Administrator:

    1. correspondence address: FerrumLabs S.A., ul.Puławska 12/3; 02-566 Warsaw;

    2. email address: contact@truemenskincare.com

  2. Regulations – this document;

  3. Service – the website available at: https://truemenskincare.com/ along with all subpages and in all language versions;

  4. Store – online store available in the Service;

  5. Services – all services provided within the Service by the Administrator;

  6. User – any person using the Service or Services;

  7. Client – A User who enters into or intends to enter into a Sales Agreement through the Service; We also address Users and Clients directly in the Terms and Conditions, for example, by using the terms "You", "Your", "You" etc.;

  8. Account – the User's account in the Service, assigned to their email address and secured with a password;

  9. Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code, i.e., a natural person who concludes a Sales Agreement not directly related to their business or professional activity;

  10. Consumer Law – the Act of May 30, 2014, on consumer rights;

  11. Civil Code – of April 23, 1964 - Civil Code;

  12. Product – goods available in the Store, included in the Store's offer;

  13. Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller via the Service;

  14. Subscription - a service consisting of the regular delivery of selected Product(s) by the Customer at a frequency specified by them;

  15. Delivery Price List – a tab in the Service that informs about the delivery costs of ordered Products, available at: https://truemenskincare.com/pages/dostawy

  16. Privacy Policy – a separate document in the Service describing how we process Users' personal data, available at: https://truemenskincare.com/pages/polityka-prywatnosci-serwisu-internetowego-truemenskincare;

  17. Complaint Procedure – a separate document in the Service describing the procedure for handling complaints regarding Product defects, available at: https://truemenskincare.com/pages/complaint-procedure ;

  18. business days – days from Monday to Friday, in accordance with Polish legislation, excluding public holidays.

Expressions in the singular refer, if the context allows, also to the plural, and vice versa.

§2. General provisions

  1. Through the Service, we provide the following Services:

    1. the ability to place orders for Products in our online Store;

    2. account registration service;

    3. Subscription service;

    4. Newsletter.

  2. We are committed to providing Services on a continuous basis, subject to interruptions related to the need for maintenance activities or updates to the Service.

  3. To use the Service, you must have a computer or mobile device with internet access and a web browser in the current version.

  4. By using the Service, you may not:

    1. post or send offensive, illegal, or misleading content or content that infringes on the rights of us or third parties;

    2. publish advertisements or send unsolicited or harmful messages;

    3. take any actions that could hinder or disrupt the operation of the Service;

    4. attempt to bypass security measures or network protections or try to gain access to third-party data.

§3.Account

  1. The service allows for the registration of an Account. Through the Account, you can, among other things, check the history of purchased Products. One User may have only one Account in the Service.

  2. To register an Account in our Service, you should use the registration form available in the appropriate tab of the Service and provide the required information, particularly your email address and password. After completing the registration form, you will receive an email (to the provided email address) confirming the registration of your Account.

  3. The agreement for the provision of the Account service is concluded for an indefinite period upon the registration of the Account. The service of registering and maintaining the Account is provided free of charge.

  4. The User is obliged to keep the access data to their Account confidential.In the event of third-party access or any other breach of security regarding access data to the Account, you must promptly inform the Administrator of this fact. The Administrator is not responsible for any damages caused by the User providing their password to third parties.

  5. You have the right to delete your Account (i.e., to terminate the contract for the provision of Account services with immediate effect) at any time by contacting us (e.g., via email).

  6. We have the right to delete your Account (terminate the contract for the provision of Account services with immediate effect) in the event of a significant breach of the provisions of these Terms by you, in case of your actions to our detriment, or in the event of inactivity of the Account (i.e., not placing any orders) for a period of at least 12 consecutive months.

  7. The Administrator will notify the User via email about the deletion of the Account. We reserve the right to refuse registration of an Account to a person whose Account has been previously deleted for the reasons indicated in section 6 above.

§4. Orders. Sales Agreement

  1. To conclude a Sales Agreement, an order must be placed. The products you wish to order are selected in the Store and added to the cart by clicking the appropriate buttons on the Store's page. In the cart tab, you can modify the order details, e.g., change the quantity of Products or remove individual Products.

  2. After completing the Products in the cart, you need to fill out the order form.In the order form, you need to specify:

    1. Customer's first and last name (or company name – in the case of orders not placed by individuals);

    2. Customer's email address and phone number;

    3. Customer's address (street name, building number, apartment number, city, postal code);

    4. Delivery address (if different from the Customer's address);

  3. If you would like to receive a VAT invoice for your purchase write this in the order comments and provide the NIP number.

  4. In the order form, you also need to select the payment method and delivery of the Products.

  5. Until the order is placed, you can change its content (e.g., change the quantities or types of Products ordered).

  6. The order placement procedure ends when you click the button marked "I buy and pay" (or a button with similar wording). Clicking this button means placing the order and leads to the conclusion of a Sales Agreement between the Customer and the Seller for the Products covered by the order.

  7. Confirmation of the placed order (confirmation of the Sales Agreement) is sent to your email address (provided in the order form).

  8. The prices of Products listed in the Store are gross prices (including VAT). The prices of Products do not include delivery costs. Delivery costs are visible when placing an order; however, in the case of placing an order for an amount of at least 200 PLN (or 150 PLN for the purchase of a Product under Subscription) or higher, with delivery within Poland, the delivery costs are borne by the Seller.

  9. We reserve the right to change prices at any time. Price changes will not affect orders and Sales Agreements concluded before the price change is published in the Store.

§5.Payments

  1. In the Store, the following forms of payment for the price resulting from the Sales Agreement are available:

    1. Payment using external electronic payment systems (Przelewy24, Blik, Stripe, payment using a payment card);

    2. Payment via the PayPal service.

  2. The choice of payment method is made by the Customer in the order form. The Seller does not provide for the possibility of payment for the order by cash on delivery or traditional bank transfer.

  3. In the case of the Customer choosing payment via electronic payment systems or via the PayPal service, after selecting this payment method, the Customer will be redirected to the page of the respective payment operator.The payment operation is carried out between the Customer and the selected payment operator. Payment is made upon the completion of the payment operation between the Customer and the selected payment operator. In the event of non-payment or rejection of the payment by the operator, the order is canceled, and the Sales Agreement is terminated.

  4. The date of payment by the Customer for the Sales Agreement is considered to be the date of posting by us of the amount corresponding to the full value of the placed order.

§6. Subscription

  1. The Customer can start a Product Subscription by selecting the appropriate option in the Service, provided that the Subscription option is available for the given Product.

  2. The Customer starts the Subscription by selecting and ordering the Product and declaring how frequently it should be sent.The store charges the payment and sends the Product to the Customer with the frequency chosen by them.

  3. Subscription requires account registration.

  4. Activating the Subscription requires payment for the purchase of the first Product covered by the Subscription.

  5. The Subscription is renewed. This means that after the period specified by the Customer when establishing the Subscription, an automatic repurchase of the same Product (chosen by the Customer) is made.

  6. By choosing the Subscription option, the Customer agrees to the periodic charging by the payment operator from the Customer's payment card (or through another payment method) of the purchase price of the Product along with delivery costs (if the delivery of the Product is chargeable).

  7. The granting of discounts or other benefits may be conditional upon meeting additional requirements (e.g., not interrupting the Subscription for a specified period of time).

  8. The Customer can edit the Subscription at any time. Editing the Subscription is possible through the Account. Editing the Subscription allows for changes to the payment method, shipping address, frequency of Subscription Renewal, and the date of Subscription Renewal.

  9. Through the Account, the Customer can also cancel the Subscription at any time.

  10. The Subscription is automatically suspended if the payment for the Product covered by the Subscription cannot be processed, e.g., due to the expiration of the payment card, lack of funds, or for any other reasons. Suspending the Subscription means halting the delivery of the Product covered by the Subscription.

  11. The subscription may be canceled by us if the payment for the Product covered by the Subscription is rejected three times in a row.

§7. Delivery

  1. Delivery of ordered Products is carried out:

    1. by courier service or

    2. Inpost parcel lockers (within Poland).

  2. Delivery times are as follows:

    1. delivery within the European Union - up to 5 working days;

  3. The delivery time for the ordered Products (order fulfillment time) is counted from the moment you pay the price resulting from the Sales Agreement. You can place orders 24 hours a day. However, in the case of payment received by the Seller or placing an order on a non-working day or on a working day after 3:00 PM, the order fulfillment time is counted from the next working day.

  4. The Client will be informed by phone or email about any changes in the fulfillment time or the inability to fulfill the order on time.

  5. In the event of non-collection of the shipment and its return to the sender, or refusal to accept it by the Customer, it will be sent back to the Seller. The Customer may request a reshipment, which will involve the necessity of incurring the costs of reshipment).

  6. The delivery costs are specified in the Delivery Price List. Delivery costs are also visible when placing an order; however, in the case of placing an order for an amount of at least 200 PLN (or 150 PLN when purchasing a Product as part of a Subscription) or higher, with delivery within Poland, the delivery costs are borne by the Seller. This does not apply to situations where the Customer requests a reshipment, as mentioned above.

  7. At the moment of delivery of the ordered Products, the risk of their accidental loss or damage passes to the Customer.

§8.Right of withdrawal from the contract

  1. If you are a Consumer who has entered into a Sales Agreement with us, you may withdraw from it within 14 calendar days without providing a reason and without incurring costs (except for the costs specified in this paragraph of the Regulations). The 14-day period is counted from the day you or another person designated by you, other than the carrier, takes possession of the Products. If the Products are delivered to you in batches, the period for withdrawing from the Sales Agreement begins on the day you take possession of the last batch of Products.

  2. To meet the deadline for withdrawing from the Sales Agreement, it is sufficient to send a statement before the deadline expires. The statement of withdrawal from the Sales Agreement may be submitted:

    1. in writing to the address: FerrumLabs S.A., ul.Puławska 12/3; 02-566 Warsaw or

    2. via email at the following address: contact@truemenskincare.com

  3. A sample withdrawal form from the Sales Agreement is available on the Service (below the content of the Terms and Conditions). To withdraw from the Sales Agreement, you may use our template, but it is not mandatory.

  4. Within 14 days from the date of receiving your statement of withdrawal from the Sales Agreement, we will refund all payments made by you. If you chose a method of delivery other than the cheapest standard delivery method offered by us, we are not obliged to refund the additional costs incurred by you.

  5. We will process the refund using the same payment method you used, unless you have expressly agreed to a different method of refund that does not incur any costs for you.

  6. You are obliged to return the Product to us without delay, no later than 14 calendar days from the day you withdrew from the Sales Agreement. To meet this deadline, it is sufficient to send the Product back before it expires. You should return the Product to us at the following address:

    Ferrumlabs S.A. Warehouse - Mail Boxes etc 2549

    ul.Kineskopowa 1, Celtic Park, Hall D

    05-500 Piaseczno

    (with the note: Withdrawal from the contract / Return, order number)

  7. We may withhold the refund of payments received from you until we receive the Product back or you provide us with proof of return of the Product, whichever event occurs first.

  8. The consumer is responsible for any reduction in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.

  9. The consumer does not have the right to withdraw from the Sales Agreement if the subject of the agreement is the delivery of one of the following products:

    1. Personalized products (i.e. Products that are personalized, tailored to the Client's wishes, or Products manufactured according to the Client's specifications)

    2. Products in sealed packaging that cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery.

  10. The provisions of this paragraph relating to Consumers also apply to a natural person conducting individual business activity (registered in CEIDG or conducting so-called unregistered activity), entering into a Sales Agreement with the Seller directly related to their business activity, but not having a professional character for such a person.

§9. Complaints. Liability for Product defects.

  1. The Seller is obliged to deliver the Product free from defects and is responsible for any defects in the Product.

  2. The Seller may provide the Customer with a quality guarantee as defined by the Civil Code (the terms of the guarantee will then be specified in a separate document delivered to the Customer along with the confirmation of the Sales Agreement or with the delivery of the ordered Products).

  3. If the Sales Agreement was concluded with a Consumer, the Seller is liable for defects in the Products under the provisions of the Civil Code and the Consumer Law, i.e.

    1. If the purchased Product is not in accordance with the Sales Agreement (has a defect), the Consumer may demand its repair or replacement. The Seller is then obliged to bring the Product into compliance with the agreement, i.e.to carry out the repair or replacement of the defective Product – according to the following rules:

      1. The Seller may carry out a replacement when the Consumer requests a repair, or the Seller may carry out a repair when the Consumer requests a replacement, if bringing the Product into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller.

      2. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Product into compliance with the contract.

      3. In assessing the excessiveness of costs for the Seller, 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 the excessive inconvenience to the Consumer resulting from the change in the manner of bringing the Product into compliance with the contract.

      4. The Seller shall carry out the repair or replacement within a reasonable time from the moment they have been informed by the Consumer about the lack of conformity with the contract, and without causing excessive inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller.

      5. The Consumer provides the Seller with the Product subject to repair or replacement. The Seller shall collect the Product from the Consumer at their own expense.

      6. The consumer is not obliged to pay for the ordinary use of the Product that has subsequently been exchanged

    2. The consumer may submit a statement to reduce the price or withdraw from the contract if the Product is not in accordance with the contract and:

      1. The Seller has refused to bring the Product into compliance with the contract;

      2. The Seller has not brought the Product into compliance with the contract in accordance with the provisions of the Consumer Law;

      3. the lack of compliance of the Product with the contract still exists, despite the Seller's attempts to bring the Product into compliance with the contract;

      4. The lack of conformity of the Product with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior request for its repair or replacement

      5. from the declaration of the Product or circumstances clearly indicate that it will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

    3. The reduced price must remain in proportion to the price resulting from the contract, in which the value of the non-compliant Product remains to the value of the compliant Product.

    4. The Seller shall refund the amounts due to the Consumer as a result of exercising the right to reduce the price without delay, no later than 14 days from the date of receiving the Consumer's statement regarding the price reduction.

    5. The Consumer cannot withdraw from the contract if the non-compliance of the Product with the contract is insignificant. It is presumed that the non-compliance of the Product with the contract is significant.

    6. If the lack of conformity with the contract concerns only some of the Products delivered under the contract, the Consumer may withdraw from the contract only in relation to those Products, as well as in relation to other Products purchased by the Consumer together with the non-conforming goods, if it cannot be reasonably expected that the Consumer would agree to keep only the goods that conform to the contract.

    7. In the event of withdrawal from the contract on the aforementioned basis, the Consumer shall promptly return the Product to the Seller at the Seller's expense. The Seller shall refund the Consumer the price without delay, no later than 14 days from the date of receiving the Product or proof of its return. The Seller shall make the refund using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.

    8. The seller is responsible for the lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the Product is longer. It is presumed that the lack of conformity of the Product with the contract, which became apparent before the expiration of two years from the moment of delivery of the Product, existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the goods with the contract.

  4. Complaints regarding Product defects.

    1. The process of filing complaints for Product defects is carried out in accordance with our Complaints Procedure, which is an integral part of the Terms and Conditions.

  5. Complaints about our Services (the provisions of this point of the Regulations regarding complaints about our other Services, i.e., not related to any defects in Products).

    1. If you believe that our Services are provided in violation of these Regulations or are of low quality, you may submit a complaint. Complaints can be submitted:

      1. in writing to our registered office address: FerrumLabs S.A., ul.Puławska 12/3; 02-566 Warsaw or

      2. via email at the address: contact@truemenskincare.com

    2. In the content of the complaint, please provide:

      1. the details of the person submitting the complaint (first and last name for individuals, name for legal entities or so-called imperfect legal entities);

      2. email address;

      3. justification of the complaint - description of the situation that occurred or description of the violation;

      4. if possible - provide evidence to support the validity of the complaint, e.g., a screenshot.

    3. The complaint will be processed by the Administrator without delay, but no later than within 14 days from the date of its receipt. The response to the complaint will be provided on paper or another durable medium.

§10. Newsletter

  1. As part of the Newsletter, we will provide the User - via email - with commercial information regarding our offers or products or services. We may also send promotional codes for use in the Store.

  2. To subscribe to the Newsletter, you should use the appropriate box on the Website and:

    1. provide us with your email address;

    2. accept the content of the Privacy Policy;

  3. The User incurs no fees related to subscribing to the Newsletter.

  4. We will deliver the Newsletter to the User for an indefinite period, starting from the day the User subscribed to the Newsletter.

  5. The User can unsubscribe from the Newsletter at any time by clicking the appropriate link in the received email or by sending us a statement of resignation from the Newsletter to our contact email address.

§11. Personal data

  1. The administrator of Users' personal data is the Seller.

  2. The personal data provided by Users is collected and processed in accordance with applicable laws and in accordance with our Privacy Policy.

§12. Out-of-court dispute resolution

  1. Consumers have the right to use out-of-court methods of resolving disputes arising from concluded Sales Agreements.

  2. Examples of out-of-court dispute resolution methods:

    1. contacting the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws No. 4, item 25, as amended).) Information on how to access the above mode and dispute resolution procedures can be found on the website of the Office of Competition and Consumer Protection (https://polubowne.uokik.gov.pl/) or on the websites of the relevant provincial commercial inspectorates.

    2. online dispute resolution platform (http://ec.europa.eu/consumers/odr/)

§13. Final provisions

  1. The current version of the regulations is always available in the appropriate tab of the Service (https://truemenskincare.com/pages/regulamin-sklepu-internetowego-truemenskincare/).

  2. We reserve the right to change the provisions of the Regulations for important reasons, in particular to adapt its content to changes in applicable laws.We will promptly inform Users of any changes to the Terms and Conditions by publishing the consolidated text of the Terms on the Service's website. For registered Users, notification of changes to the Terms will also be sent via email with information about the changes.

  3. Changes to the Terms will not affect orders and Sales Agreements concluded before the changes come into effect.

WITHDRAWAL FORM FROM THE SALES AGREEMENT