Terms of service

Terms and conditions

1. Definitions.

In this Contract the following terms shall have the following meanings:

a) Customer – a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity, or a legal person, or an organisational unit without legal personality for which the law grants legal capacity; who has concluded or intends to conclude a Contract with the Seller.

b) Consumer - an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

c) Quasi Consumer - a natural person concluding a Contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business.

d) Store or Internet store – Internet store operating at alohafromskin.com, managed by Seller, through which Seller offers goods to Customers.

e) Seller - Aloha From Skin (Infinite Mindset, with Tax Identification Number 6751797019, with its main office at ul. Cegielniana 4A/26, 30-404 Cracow).

f) Customer account– collection of Customer information, as well as actions performed by Customer in Store (including customer data necessary for execution of submitted orders, order record, execution status of orders being processed).

g) Order – Customer’s declaration of intent submitted via the Order Form and aimed directly to conclude the Contract with the Seller.

h) Goods – merchandise available in Store.

i) Working day – a day other than a Saturday, Sunday or public holiday in Poland, between 9 am to 5 pm GMT +1.

2. General provisions.

1. Placing orders by the Customer for Goods is possible after providing the necessary personal data enabling the Order to be processed. The Customer cannot place an Order anonymously or under a pseudonym.

2. To use the Store, including viewing the assortment and placing Orders for Products, it is necessary to meet the minimum technical requirements, such as:
   
   a) computer, laptop or other multimedia device connected to the Internet,
   
   b) web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge - updated to the latest versions,
   
   c) active e-mail account (e-mail),
   
   d) enabling cookies and Javascript support in the web browser,
   
   e) recommended minimum screen resolution: 1024x768.

3. If the Customer uses computer hardware or software that does not meet the technical requirements listed above, the Service Provider does not guarantee the proper functioning of the Store or Products and reserves that this may have a negative impact on the quality of the services provided by electronic means, for which Seller is not liable.

4. When using the Store, Customer should do so in accordance with the following rules:
   
   4.1. you must refrain from any activity that could affect the proper functioning of the Website, including in particular any interference with the content of the Website or its technical elements,
   
   4.2. you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist,
   
   4.3. you must use any content posted on the Website only for personal use,
   
   4.4.you must not use the Website in a way that is not inconvenient for other Customers and for the Seller.
   
   4.5. you must not impersonate other people, particularly employees and representatives of the Seller,
   
   4.6. you must not use the Website for unauthorised mass-communication such as "spam" or "junk mail".

5. Failure to comply with the above rules may result in depriving the Customer of the right to use the Website, and may limit his access to some or all of the Store's resources, with immediate effect, as well as assert claims for damages pursuant to applicable regulations.

3. Placing Orders

1. The Customer may purchase Goods from the Store's assortment by placing an Order. The Customer places an Order after providing the necessary personal data enabling the order to be processed.

2. Orders can be placed 24 hours a day, 7 days a week.

3. Information provided while submitting the Order shall be accurate and truthful, otherwise the Contract may not be concluded. Before refusing to execute the Order, Seller will try to contact the Customer in order to determine the data in the scope enabling the Order to be processed.

4. Customer selects the Goods that is available at the time of ordering, in accordance with its description and price, and specifying its quantity. Customer completes the Order by taking further technical steps to place the Order based on the messages displayed to him and the information available on the Website.

5. The store confirms the order by e-mail within 24 hours of receiving it. In exceptional cases (due to a technical error or unjustified use of a discount code or obtaining and using it in a manner inconsistent with the regulations), the store has the right to withdraw from the sale and not fulfil the order.

6. The moment of telephone or e-mail confirmation of the order is the last opportunity for the Customer to correct incorrectly provided personal data or an incorrectly placed order.

4. Cost and Time of Delivery

1. The ordered goods by the Customer will be delivered to the address indicated by the Customer when placing the order.
2. The store does not allow the collection of orders in person.
3. The period of fulfilment of an Order consists of the time of delivery of a parcel to the courier and the time of transportation of a parcel by said courier - it usually takes around 14 days counting from conclusion of an agreement on sale of Goods (acceptance of an order), depending on a selected delivery method.
4. The parcel delivery to the Customer is payable unless the contract provides otherwise.
5. If the Customer fails to collect the package, he/she is obliged to cover the costs of returning the goods to the Seller, i.e. the return shipping cost.
6. If the Customer fails to collect the package, the Seller will demand to fulfil the contract, i.e. to cover the additional costs incurred by the Seller, i.e. the costs of the return shipping and the costs of re-shipment. After the ineffective expiry of the deadline set by the Seller, it will withdraw from the contract and reimburse the Customer for the price of the products with the return shipping cost deducted.
7. If the Seller is asked to resend the products, the Customer covers the costs.
8. The shipment and outer packaging should be checked before signing the courier receipt in the courier's presence. In the case of a damaged shipment (tears, damaged foil, traces of repackaging, crumpled cardboard) or loss of content, or in the event of non-delivery of the ordered goods, or finding shortages in the shipment, the following steps should be taken:
   
   a) damage or suspected damage should be reported in the courier receipt or with the electronic signature on the courier's mobile device;
   
   b) draw up a damage report together with the courier. The information can also be written by hand - in this case, you should report your willingness to prepare the report at the carrier's hotline;
   
   c) the report should include information on the condition of the shipment;
   
   d) enumerate damaged products, type of damage and possible shortages in the order;
   
   e) the protocol should be legibly signed by the courier.
   
   f) Then immediately inform the Seller about the situation and describe any irregularities in a clear and detailed way by e-mail to the following address: aloha@alohafromskin.com.

5. Prices and methods of payment.

1. All prices on the Website are given in U.S. Dollars. In addition to any Fees, The Seller may also charge applicable value added or other tax.

2. Prices given on the website on the date the Order is placed shall apply. The Seller reserves the right to change prices and alter or remove any special offers from time to time and as necessary, as well as add promotions.

3. Pricing does not contain shipping and payment cost- these costs are every time decided upon by Customer at the time of placing the order. The final price in relation to the contract for selling Goods is specified during the process of Order placement.

1. The Seller provides the Customer with the following methods of payment:
   
   a) electronic payments and credit/debit card payments (via Paypal.com or Stripe.com)

1. Not making a payment within three working days will be deemed as cancellation of the Contract.

2. Provider for the electronic payments and credit/debit cards payments is to the Customer choice: PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg or Stripe Payments Europe, Ltd. C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland.

3. An invoice is issued for each Order. It is delivered electronically to the e-mail address provided in the ordering process. Acceptance of Terms And Conditions is deemed as a consent to send an invoice in electronic format.

4. The Seller does not use an algorithm that adjusts prices based on automated decision-making.

6. The Seller's Liability for Non-conformity of the Goods with the Contract.

1. The Seller is liable to the Customer if the goods sold are inconsistent with the contract (warranty). In this case, the Customer may file a complaint with the Seller.
2. Faulty goods (complaints) might be submitted via e-mail at aloha@alohafromskin.com
3. The Customer shall, if possible, write the following in the content of the letter of complaint:
   
   a) fault description, including, especially: what the fault is and when it was discovered.
   b) the date of revealing the fault.
   c) what Customer request is in connection with complaint submission
   
   
4. The Customer submitting a complaint about the goods should present proof of purchase (e.g. a receipt - paper or electronic), an e-mail confirmation of placing an online order, and confirmation of a transfer from a card/account. Lack of proof of purchase, indicating that the Seller is the entity responsible under warranty, may result in a refusal to consider the complaint.
5. The Seller will respond to the complaint within 14 days of receiving the complaint.
6. If the complaint is accepted, the Customer receives information on how the complaint was dealt with.
   
7. A damaged product will be replaced with a full-fledged one. If the exchange is not possible, the Seller will return the Customer the equivalent of the product's price or offer another product

7. Data protection.

1. The Administrator of the Customer’s data that are being processed for the purpose of concluding the contract, is the Seller.

2. The provision of personal data is voluntary, but failure to provide personal data necessary to conclude this Contract results in the inability to conclude this contract.

3. More information regarding processing and storage of personal data are described in the Seller’s Privacy Policy, which can be found on the following page: alohafromskin.com/policies/privacy-policy.

8. Copyrights

1. All information, photos of products, and trademarks of manufacturers are protected by copyright. It is forbidden to copy and distribute or use them for commercial purposes or presentation without the owners' consent.

9. Final provisions.

1. Seller reserves the right to make changes to the Terms & Conditions for important reasons, i.e: changes in the law, changes in payment and delivery methods. These changes do not affect Contracts that have been concluded before the date of applied changes.

2. Placing an order means accepting the provisions of these regulations.

3. The information on the product page does not constitute an offer within the meaning of the Civil Code.

4. This Contract shall be governed by and construed in accordance with the law of Poland. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Consumer Rights Act; the Act on Electronic Services and other relevant provisions of generally applicable law.

5. A customer that is not a Consumer or a Quasi Consumer irrevocably agrees that the courts of Poland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter.

6. These Terms and Conditions shall come into force on 01.09.2024.