Terms and Conditions

Online Store Terms and Conditions https://efemee.pl

§ 1. Scope and Sales Terms

These Terms and Conditions define the rules for using the EFEMEE online store, operating at https://efemee.pl, placing orders for Goods available in this store, delivering the ordered Goods to the Buyer, the Buyer paying the price for the purchased Goods, and the Buyer's rights related to the sales agreement, including distance selling.

The online store https://efemee.pl conducts sales via the Internet (distance contract).

To place an order, the Buyer must read these Terms and Conditions and confirm this fact. By placing an Order, the Buyer confirms acceptance of these Terms and Conditions.

§ 2. Definitions

All capitalized terms have the meaning assigned below:

Order Fulfillment Time – the time in which the Store assembles the order and hands it over to the carrier performing the delivery method selected by the Buyer

Business Days – days of the week from Monday to Friday, excluding public holidays

Sales Document – a document confirming the sale in the form of a VAT invoice or receipt, selected by the Buyer at the Order placement stage and delivered to the Buyer – in the case of a receipt – in paper form together with the shipment containing the ordered Good, and in the case of an invoice – in electronic form, to the email address provided by the Buyer

Delivery Method – the method of delivering the ordered Good, selected by the Buyer when placing the Order

Payment Method – the method of paying the price for the ordered Good, selected by the Buyer when placing the Order

Order Form – a questionnaire available on the Seller's website, through which the Buyer places an order for Goods

Consumer – a Buyer who is a natural person, placing an order, making purchases, or otherwise using the Store for purposes not directly related to their business or professional activity

Buyer – a natural person with full or limited legal capacity, a legal person, or an organizational unit without legal personality, who uses the Store on the terms and conditions set out in these Terms and Conditions

Store – an online service available at https://efemee.pl, operated by the Seller, through which the Buyer may order and purchase Goods

Seller – EFEMEE, ul. Jagielska 63a/3; 02-886 Warsaw, tel. +48 515 126 100, NIP 6721282084, REGON 386363315

Good – movable items presented in the Store that may be the subject of a sales agreement

Sales Agreement – a sales agreement for Goods concluded between the Seller and the Buyer through the Store and documented by a Sales Document

Order – an offer to conclude a sales agreement with the Seller, placed by the Buyer through the Store

§ 3. Placing Orders

To place an Order and conclude the agreement, the Buyer must have an email account and a web browser, e.g., Chrome, Safari, Firefox, etc.
An order for Goods is placed by selecting Goods in the Store and following the subsequent technical steps according to the displayed messages, including adding Goods to the cart. The Buyer may view the cart's contents, add or remove Goods at any time.
During the order placement process, the Buyer is required to provide the shipping address for the Goods, phone number, email address, select a payment method, and may also indicate a desire to receive a VAT invoice instead of a receipt.
The Buyer may register in the Store. Registration allows the Store to save the Customer's personal data and Order history, and also provides access to Orders.
During registration, the Buyer is required to provide a unique password known only to them. The registration and Order placement process is encrypted using an appropriate protocol.
The Buyer is responsible for not disclosing their password to third parties and is liable for disclosing it.
After placing an order, the Seller sends an order acceptance confirmation to the email address provided by the Buyer (in the order form), including all essential elements of the order, such as the order number, the total price of the order (specifying the prices of individual items and the delivery price), the order fulfillment time, the delivery method, and the approximate delivery date.
The agreement between the parties is concluded when the Buyer receives the order acceptance confirmation from the Seller. The condition for the Seller to accept and fulfill the order is the proper and complete (to the extent necessary) completion of the order form by the Buyer.
The Seller will not accept the Order if the Buyer provides incomplete data in the order form that makes it impossible to verify the Buyer and properly deliver the Goods. If it is not possible to contact the Buyer due to an incorrect address or phone number, the order will be canceled.

§ 4. Prices and Payment

The prices of all Goods presented in the Store are gross prices (including VAT), expressed in Polish złoty (PLN). The price of each item displayed on the Seller's website at the time the Buyer places the order is binding for the parties. The price of the Good does not include its delivery costs, and information about the delivery cost of the Good is provided when placing the order.
The Buyer covers the cost of shipping the Good.
The Buyer has the right to choose the delivery method and payment method. The Buyer selects the payment method in the order form.
The Seller offers the following payment methods: a) online payment via the PayU/PayPal/Blik system during order placement, i.e., while ordering the Good, the Buyer pays for the Good, and the order is fulfilled subject to the Seller receiving positive authorization from the electronic payment operator and the Buyer's bank; b) payment by bank transfer to the Seller's bank account, provided that the order will be fulfilled after the funds arrive in the Seller's bank account below: EFEMEE, ul. Jagielska 63a/3; 02-886 Warsaw; 60 1240 6003 1111 0011 0066 0626
The cost, date, and method of delivery of the Good depend on the delivery method selected by the Buyer in the order.

§ 5. Delivery of Goods

Deliveries of Goods ordered in the Store are carried out within the territory of the Republic of Poland.
Within 3 days (calculated exclusively on Business Days) from the date of receiving positive authorization from the electronic payment operator and the Buyer's bank, or from the date the full payment arrives in the Seller's bank account, the Seller sends the ordered Good along with the Sales Document to the address specified by the Buyer.
The shipping date of the Good may be extended if the Seller has scheduled leave covering this period or if the Seller has indicated in the Good's description that the shipping date will be later.
The ordered Goods are delivered to the address specified in the order form.
The Buyer is informed about the order status via email.
Receipt of the Good must be confirmed in writing. Upon receipt of the Good, the Buyer acquires ownership of the Good and all risks associated with possessing and using the Good, in particular the risk of loss, destruction, or damage to the Good.
Upon receiving the Good, the Buyer is obliged to check whether the shipment has any damage caused during transport and whether it is consistent with the Order.

§ 6. Complaints

All Goods in the Store are new, unless the Seller has indicated otherwise in the Good's description.
For physical or legal defects of the item, the Seller is liable to the Buyer who is a Consumer – on the terms and conditions set out in Articles 556 et seq. of the Civil Code (warranty).
If the sold item has a defect, the Buyer may declare a price reduction or withdraw from the agreement, unless the Seller immediately and without excessive inconvenience to the Buyer replaces the defective item with one free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to replace the item with one free from defects or remove the defect. The Buyer may not withdraw from the Agreement if the defect is insignificant.
If the Buyer is a Consumer, instead of the defect removal proposed by the Seller, they may demand that the item be replaced with one free from defects, or instead of replacement, demand that the defect be removed, unless bringing the item into conformity with the agreement in the manner chosen by the Buyer is impossible or would involve excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of the costs, the value of the item free from defects, the type and significance of the identified defect, and the inconveniences the Buyer would face under the other method of satisfying the claim are taken into account.
The Consumer Buyer's claim to remove the defect or replace the sold item with one free from defects expires after one year from the date the defect was identified. However, the limitation period cannot end before two years from the date the item was delivered to the Buyer.
A Consumer Buyer exercising their rights under the warranty is obliged to deliver the defective item at the Seller's expense to the address EFEMEE, ul. Jagielska 63a/3; 02-886 Warsaw
The returned Good must be accompanied by the Sales Document and a completed complaint form, which is available for download in the Contact tab. In the form, the Customer must specify which option they are interested in: repair of the Good, replacement of the Good, refund, or price reduction.
Complaints will be considered within 14 days of receipt of the report.

§ 7. Withdrawal from the Agreement

Pursuant to Article 27 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2020.287 consolidated text), a Consumer Buyer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs (subject to paragraph 2), by submitting the appropriate statement to the Seller within 14 (fourteen) days from the date the Good was delivered to them. To meet this deadline, it is sufficient to send the Good and the statement along with the Sales Document before the deadline expires to the address: EFEMEE, ul. Jagielska 63a/3; 02-886 Warsaw
Cash on delivery shipments will not be accepted.
The statement of withdrawal from the agreement may be submitted using the form available for download in the Complaints tab. The statement of withdrawal from the agreement may also be submitted in another form – in accordance with the provisions of the Act on Consumer Rights.
In the event of withdrawal from the agreement, the agreement is considered not to have been concluded.
The Buyer is obliged to return the Good to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date they withdrew from the agreement, unless the entrepreneur offers to collect the item themselves. To meet this deadline, it is sufficient to return the item before it expires. A Consumer Buyer bears only the direct costs of returning the item.
The Seller will refund the payments received from the Buyer, including the cost of the cheapest standard delivery method offered in the Store, no later than 14 days from the date of receipt of the statement of withdrawal from the Agreement.
If the Buyer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.
The Seller may withhold the refund until the Good is returned or until the Buyer provides proof of its return, whichever occurs first.
The Seller will issue the refund using the same payment method used by the Buyer, unless the Consumer Buyer expressly agrees to another refund method that does not involve any costs for them.
The returned Good should be sent back unchanged, without showing signs of use beyond what is necessary to determine its nature, characteristics, and functionality (trying it on).

Condition of the returned product

The Returned Product must be returned in an undamaged, complete condition, with all original tags attached. The Product may be tried on only to the extent necessary to assess its nature, characteristics, and size.

Please take special care to ensure that the returned Product does not show any signs of use, stains, or damage that could affect its further sale.

Signs of use may include, in particular:

stains from makeup, foundation, cosmetics, deodorant, or creams,
scents of perfume, sweat, cigarette smoke, or other strong fragrances,
pilling, stretching, pulling, or damage to the material,
removal, tearing, or damage to tags and security seals,
signs of washing, ironing, or other modifications to the Product.

Trying on clothing

To maintain the possibility of selling the Product as new, we recommend trying on clothing on bare skin or underwear and avoiding contact between the material and makeup and cosmetics. If trying on clothing with makeup, we recommend protecting your face with a scarf or other protective material.

Assessment of the return condition

Upon receipt of the shipment, every return is subject to verification. If the condition of the Product indicates that it has been used in a manner exceeding what is necessary to determine its nature, characteristics, and functionality, the Seller may reduce the refund amount in proportion to the decrease in the Product's value, in accordance with Art. 34(4) of the Act of 30 May 2014 on Consumer Rights.

§ 8. Personal Data Protection

The Seller is the personal data controller.
By placing an order in the Store, the Buyer agrees to the processing of their personal data for the purposes of fulfilling the sales agreement. The Buyer is required to provide personal data to the extent necessary to perform the sales agreement and properly document it.
Detailed information regarding the processing of personal data and the use of cookies is contained in the Privacy Policy published in the Store.

§ 9. Final Provisions

The photographs and descriptions used to present the Goods, as well as the name, website domain, logos, and other intellectual property rights, belong to the Seller, and they may be used only in a manner specified in and consistent with the Terms and Conditions or with the Seller's consent.
For matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
These Terms and Conditions do not exclude or limit any rights of the Buyer who is a Consumer that are granted to them under mandatory provisions of law. In the event of a conflict between the provisions of these Terms and Conditions and mandatory provisions of law granting rights to consumers, the latter shall prevail.
Any disputes arising between the Seller and the Buyer who is a consumer shall be submitted to the courts having jurisdiction in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. The consumer may also use the ODR platform, which is available at https://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement.
These Terms and Conditions may be recorded, obtained, and reproduced by printing them or saving them on a suitable data carrier.
These Terms and Conditions enter into force on 03.01.2023