Terms and Conditions of Sale

Effective Date: 21.04.2022

 

1. General Provisions

1.1. The following terms and conditions of sale (“Terms of Sale”) apply to the offer and sale of products through the Aveda website in the European Economic Area (“EEA”), (the “Site”).

1.2. To be eligible to purchase products on the Site customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession, or persons purchasing products as entrepreneurs with consumer rights, that is natural persons concluding a contract directly related to their trade if it follow from the contents of the contract that it is not of a professional nature for the given person, resulting in particular from the object of economic activity performed by that person, made available based on regulations on the Central Register and Information on Economic Activity; and (c) hold a valid credit or debit card.

1.3. These Terms of Sale shall be executed in the language of the country where your shipping address is and shall be governed by the laws of such country (the “Country”). You can find more information on the seller (hereinafter “Seller”, “we”, “us” or “our”) by clicking here Lows of the given country are referred to as the “Local Laws” in these Terms of Sale.

1.4. Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to confirm that they read, understand and accept these Terms of Sale by ticking respective boxes during the account registration or ordering process, as well as that they have familiarized themselves with the Terms of Use and Privacy Policy.

1.5. Confirmation of acknowledgement and acceptance of the Terms of Sale is a necessary condition for conclusion of a contract. Customers may save or print these Terms of Sale, which are also available at any time on the Site in the tab “Terms of Sale”. These Terms of Sale may be modified and updated on conditions set forth in section 14 below. The Terms of Sale applicable to an order shall be the ones published on the Site at the time the customer places an order.

1.6. 1.6. By clicking here [hyperlink to printable version of Terms of Sale], you may print these Terms of Sale. By clicking here, you may download and store these Terms of Sale.

2. Products

2.1. Information on products is available on the Site and is provided in accordance with Local Laws. Information provided on the Site, in particular product descriptions, does not constitute an offer within the meaning of the Civil Code, only an invitation to conclude a contract. Thus, placement of an order does not constitute conclusion of a contract of sale.

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. If possible, we try to allow our customers to choose free samples or additions to an order. However, we cannot guarantee that the given sample or addition to an order are still available. In such a case, we may not send the given sample or addition, or replace it with a different one.

2.3. The products described on the Site, and any samples thereof we may provide to the customer, are for personal use only.

3. Prices

3.1. All prices indicated on the Site are for products available via the Site.

3.2. All prices indicated for products available via the Site are inclusive of VAT at the current rates and are expressed in local currency. Delivery charges are displayed to the customer prior to finalizing an order and shall be added to the price of the products and are indicated separately on the order form. For further information please also visit the Delivery section of the Site.

3.3. Delivery charges may depend on the manner of delivery of the product or the order value and are indicated during the ordering process. Delivery charges are added to the price of the product and listed in the shopping bag. The total order price (that is both the price of the product and delivery charges, preferred payment method) are visible in the shopping bag.

3.4. We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.

3.5. Prices of products may be modified. However, such modifications do not affect the prices of the products already ordered by the customer..

4. Placing an Order

4.1. The customer can navigate freely on the Site without being bound to placing an order. If the customer chooses to do so, 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.

4.2. We do not conduct wholesale trade via the Site. To place an order, the customer must type in the quantity of products he/she wishes to purchase (up to 4 (four) items of any single product, with a maximum purchase of 4000 PLN (four thousands Polish Zloty) per customer. In addition, we must also limit orders to no more than three (3) orders per customer per day. Customer can purchase up to 14 units in total per transaction. However, those restrictions may be modified, of which customers shall be informed.

4.3. Customer may click “Add to bag” to place the product selected in the desired quantity in the “Shopping Bag”. Customer may decide to continue shopping for other products and add them to their Shopping Bag or proceed to checkout by clicking the “Proceed to Checkout” button. At any time during shopping customer may review the products in the Shopping Bag by clicking on “Proceed to Checkout” of each page. Customer may remove products from their Shopping Bag by clicking on “Remove” next to the chose product in the Shopping Bag”. If applicable in the Country, Customer may save a product as favorite, by clicking on “move to favorites” below the product name. The product will then be moved to customer’s favorites section in “My Account”. The customer may gain access to his/her favorites from any computer or device at any time, after signing in with his/her account.

4.4. Customer must follow the onscreen instructions to proceed through the checkout process on the Site. The customer may always correct any errors in data he/she has entered, change the Shopping Bag contents, by adding or removing one or more products from the Shopping Bag, or cancel the entire order during checkout before sending his/her order. Before submitting an order on the Site, the customer will have an opportunity to review and edit all of the details for their order, including billing and shipping information, prior to confirming their purchase.

4.5. The customer is informed about the total price for the selected products and delivery charges as well as all additional charges he/she must cover in connection with the purchase of the products. When choosing a convenient shipping method, the customer should type in a correct and complete address to which the product should be delivered. We recommend also to enter a phone number for contact concerning collection of the products, to facilitate delivery of the order.

4.6. If a VAT invoice is to be issued, the customer must type in also data necessary for issue of the invoice. By accepting the Terms of Sale, the customer consents to receipt of electronic invoices in form of a pdf file to the indicated e-mail address.

4.7. To place an order, the customer shall acknowledge and declare that he/she has read and fully accepts these Terms of Sale, by ticking an appropriate box. The customer places an order request for products via the Site by clicking on the “Place Order and Pay” button at the end of the order process.

4.8. After an order has been submitted, a submission page will be displayed, and the customer will receive shortly an email confirming receipt of the order. The email confirming receipt of the order is an automatically sent confirmation that we have received the order.

4.9. If we can complete the order, we shall send a confirmation of accepting the order for completion. This is our statement on accepting the customer’s offer as referred to above and at the time when the customer receives it, a contract of sale is concluded. We shall confirm acceptance of the order by sending it to the e-mail address indicated by the client. According to provisions of Local Laws, the e-mail confirming the receipt of the order contains a summary of the Terms a Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.

4.10. If an order confirmation does not arrive within 24 hours after submission, customer may contact us at +48221042337 or via the live chat function available on the Site for assistance.

4.11. If the ordered products are not available, we shall inform you about it in an e-mail, and if any charges were collected, they shall be reimbursed immediately, not later, however, than within 14 days. Information on lack of the ordered products is equal to lack of possibility to conclude a contract of sale for those products.

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 +48221042337 or via the live chat function available on the Site. For fastest service, customers are invited to keep their order number available.

5. Offer Codes

5.1. We may organize various promotional actions. We shall inform you about the details and rules of the given promotion on the Site.

5.2. If we organize a promotion with an offer code, in order to use it, you must ender the code in the “offer code” box when placing an order on the Site. In offer codes, the letter case matters, so they must be entered exactly in their correct form.

5.3. When an offer code is accepted, the offer will be displayed in the “Order Review”.

5.4. One offer code may be used per order. Promotions cannot be combined, unless terms and conditions of the given promotion state otherwise.

5.5. If the customer orders products subject to a promotion, cancelling of the order or a part of it (that is withdrawal by the customer from the contract in whole or in part) shall result in withdrawal from participation in the promotion, unless the customer is still entitled to use the conditions of the given promotion in spite of cancelling individual produts.

5.6. Promotions may apply for a definite time, until the quantity of products subject to the promotional offer is exhausted, or until the promotion is revoked.

6. Payment Options

6.1. Customers may pay for the products by credit card or other payment card. The following payment cards are accepted for payments:

  • Visa
  • MasterCard
  • American Express

6.2. We do not accept credit cards with billing addresses outside of the EEA.

6.3. If payment by card is chosen, the payment for the order shall be collected from the customer’s account not earlier than at the time when the product is shipped. We reserve the right to authorize the card and block the amount constituting an equivalent of the order on the Customer’s account during placement of the order.

6.4. For customer’s security, in the case of payment by credit or debit card, customer’s billing name and address must match that of the card used for payment. We reserve the right to cancel any order that does not match these criteria.

6.5. All payment card holders are subject to validation checks and authorization by the card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to us, we may suspend performance of the order or refuse to ship the ordered products. In such a case, we will not be liable for any delay or non-delivery.

6.6. By submitting your order on the Site, you expressly authorize us to perform such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.

7. Order Inquiries

7.1. Generally, products are shipped within 2 to 5 working days (that is from Monday to Friday, except for public holidays). For any information about the order customers may contact us at +48221042337 or via the live chat function available on the Site

7.2. Customers can check their orders in the Order Status panel by logging into the customer account using the e-mail address and the password. This is the easiest and fastest way to get the most current information regarding customers’ orders. A page will be displayed with detailed information about the 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.

7.3. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

  • Item(s) not available, although we take all professional care to ensure that unavailable items are clearly identified as such on the Site
  • Impossibility in processing payment information
  • Cannot deliver to address provided
  • Duplicate order was placed
  • Cancellation due to a customer request

7.4. If an order is cancelled, the customer will receive an email to explain the reason for the cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, he/she may contact us at +48 221-042-337 or via the live chat function available on the Site.

8. Delivery

8.1. Orders are processed and delivered on working days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday or on a public holiday will be processed on the following working day.

8.2. We are unable to process orders to a P.O Box address. If the provided delivery address is a P.O. Box or an address outside the territory of Poland, the order will be cancelled unless the customer provides a different delivery address. The customer will be informed about the need to provide a different delivery address and about possible cancellation of the order for the aforementioned reasons. If the customer provides incorrect or false data, in particular personal or address data, effective processing of the order might not be possible.

8.3. Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note. There are no shipping charges for purchases over the amount we may display on the Site.

8.4. In accordance with Local Laws the products shall be delivered within 30 (thirty) days from the day following that of the order placement by the customer, unless we notify the customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.

8.5. A shipment with the ordered products contains a summary document of the ordered products. A VAT invoice shall be sent to the customer’s e-mail address indicated during placement of the order. If the products listed in the summary of the order are not consistent with the delivered products, we kindly ask you to contact us.

9. Right of Withdrawal

9.1. We are committed to offering customers the finest cosmetic products available. If the customer feels the products he/she received from us do not meet this expectation, pursuant to Local Laws the customer has the right to withdraw from the contract, without specifying any reason, within fourteen (14) working days of the date the products were received.

9.2. The withdrawal period is fourteen (14) days from the date on which you or a third party you name and who is not the carrier has received the goods. For contracts covering the order of several goods that are to be delivered separately, the withdrawal period is fourteen (14) days from the date on which you or a third party you name and who is not the carrier has received the last item of such order.

9.3. However, this right of withdrawal does not apply to products which have been personalized, except for defects in the products or incomplete or incorrect delivery. If a personalized product is delivered damaged or is defective, customers should immediately contact us at +48221042337 or via the live chat function available on the Site.

9.4. Notification of customer’s intention to exercise the right of withdrawal can be done in any form, e.g. by calling +48221042337 with customer’s order details, including customer order number and the description of the products which are being returned. You may, but are not required to, use the sample withdrawal form attached in Appendix I. We kindly ask you to personally sign the withdrawal form sent in a paper form.

9.5. To comply with the withdrawal period, it is sufficient to provide your declaration informing us that you wish to exercise your right of withdrawal prior to the expiration date of the withdrawal period. If you exercise the right of withdrawal, the contract is deemed not concluded.

9.6. Our Customer Service will then issue the customer with an authorization number and an email confirmation. Customer is invited to retain a note of his/her authorization number for future reference with Customer Service with regards to this matter.

9.7. Subject to the second sentence below, we shall reimburse all payments made by the customer in connection with the contract (including delivery charges if incurred by the customer). If the customer chooses a different delivery method than the most inexpensive regular delivery method we offer, we are not obliged to reimburse the customer for additional delivery charges incurred.

9.8. The customer is obliged to return the products to the seller immediately, not later, however, than within 14 days after the day when they withdraw from the contract of sale. To comply with that period, it is sufficient to send back the products to the indicated address before the end of that period. In the case of withdrawal from the contract, the customer bears direct costs of return of the product.

9.9. If the right to withdrawal from the contract is exercised, a complete product should be returned, including all its elements, and in the case of sets – the whole set, including promotional sets, make-up bags or sets of miniature products or other items issued to purchases according to conditions of special promotional actions, delivered to the customers as an inherent element of the sale transaction. The return obligation does not apply to products, samples which were not ordered by the customer.

9.10. Products being part of a promotion are not returned only if the conditions allowing to use the promotion are still met and maintained by the customer despite the withdrawal from the contract. Should you have any doubts, please contact our Customer Service.

9.11. Upon exercising the right of withdrawal, we undertake to reimburse the customer for the payment immediately and no later than within 14 days from the date of receipt of your withdrawal declaration. We may suspend reimbursement until we have received the resent goods or until you have provided proof that you have resent the goods, whichever occurs first.

9.12. To the extent permitted by applicable law, in particular due to health care or hygienic issues, we can accept only unused products.

9.13. Unless we receive a different request, refunds will only be made against the original payment card used. We will send to the customer a notification email once the reimbursement has been made.

9.14. It is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt).

9.15. The above provisions are only applicable to purchases made online. Products purchased at a store will be subject to the return policy of each store. Returns or exchanges for purchases made in an Aveda store may not be returned or exchanged to Aveda Online. Returns for purchases made online will not be accepted for return or exchange at an Aveda store.

10. Lack of Conformity

10.1. In case of lack of conformity of products (physical defect) or if the product has a legal defect, principles of liability under warranty, as set forth in the Civil Code, will apply. No provision of these Terms of Sale does exclude or limit rights of customers purchasing products as consumers or entrepreneurs with consumer rights.

11. Applicable Law and Jurisdiction

11.1. These Terms of Sale are governed by and must be interpreted in accordance with Local Laws.

11.2. 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 of the place of residence or domicile of the customer, unless provisions of the law state otherwise.

12. Contacts

12.1. For any information and support on products and methods of purchase through the Site the customer may contact us by phone at +48221042337.

13. Complaints

13.1. The customer may file a complaint in any form (e.g., by contacting us by phone at +48221042337). The complaint should include particulars of the person filing the complaint (name and surname, contact data) as well as the reason for the complaint (e.g., describe the noticed defects of the product) and the expected method of handling the complaint. We also ask you to attach a copy of the invoice or another proof of purchase of the goods which the complaint concerns. It will be also helpful if you provide the order number.

13.2. We may contact you in order to supplement data required to consider your complaint.

13.3. You will be informed about the result and method of handling the complaint immediately, not later, however, than within 14 days after you file the complaint, at the indicated contact address. If you do not receive a return message from us within the aforementioned period, it is assumed that your complaint request was deemed justified.

13.4. The product being the object of complaint should be resent to the address indicated by us.

13.5. If the complaint is accepted, faulty products will be immediately replaced with new ones at our expense or we will reimburse you for the value paid for the given product. Should you have any doubts, we kindly ask you to contact us.

13.6. We are liable for product defects if the defect is found before the lapse of two (2) years after the product is handed over. If the best before date of the given product falls after the lapse of two (2) years after the product is handed over to the customer, we are liable under warranty for defects of such products found before the lapse of that period.

13.7. To other matters, respective provisions of the Civil Code and the Act on consumer rights regarding warranties apply.

13.8. According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may also refer disputes through to the EU Commission’s online platform available at:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

13.9. Information on the possibility for consumers to use out of court methods of considering complaints and pursuing claims as well as the rules of access to those procedures are available in offices and on websites of district (municipal) consumer ombudsmen, social organizations the statutory tasks of which include consumer protection, provincial trade inspectorates, as well as on the website of the Office for Competition and Consumer Protection and the references (links) published there. Likewise, you may refer disputes related to the sale of the Product to the following Alternative Dispute Resolution entity:

Please find below the list of countries concerned and our local entities acting as the seller, applicable Local Laws and the Alternative Dispute Resolution entities:

Your shipping address CountryVendorApplicable Local LawsAlternative Dispute Resolution entity
PolandEstee Lauder (Poland) Sp. z o.o. z
with its registere office in Warsaw,
Domaniewska 44, 4. piętro,
Warszawa 02-672, Polska entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw,
Commercial Court, 16th Commercial Division of the National Court Register under number KRS 0000019698,
REGON 010128910, NIP 5260011173, share capital 5 979 501,13 PLN
Laws of PolandMazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie
ul. Sienkiewicza 3
Warszawa, 00-015
Poland
Email address: ih_warszawa@wiih.org.pl
Website: http://wiih.org.pl/
Phone: 22 826 18 30
Office for Competition and Consumer ProtectionUrząd Ochrony Konkurencji i Konsumentów
pl. Powstańców Warszawy 1
00-950 Warszawa
Website: https://uokik.gov.pl/
E-mail address: uokik@uokik.gov.pl
Telefon: 22 55 60 800

14. Final provisions

14.1. The Terms of Sale are available at any time on our Site in a manner allowing their downloading or printing. We respect all rights of our customers, that is why provisions of these Terms of Sale are not intended to limit or in any other way exclude rights of customers as resulting from mandatory provisions of the law.

14.2. We reserve the right to amend the Terms of Sale for important reasons, including:

  1. Changes resulting from provisions of the law or their interpretation applied by courts or public authorities, affecting the contents of the Terms of Sale and resulting in the need to adapt such a change of regulations or their interpretation;
  2. Issue of a ruling, decision, recommendation or another similar act by a court or an authorized public authority, affecting the contents of the Terms of sale and resulting in the need to amend them in order to adapt them to such a ruling, decision, recommendation or another similar act;
  3. Removal or ambiguities or interpretation doubts of the provisions, including those noticed by use as a result of received complaints;
  4. Change of the customer registration method;
  5. Adding new benefits and functionalities for customers, e.g. new services or a new type of products, without affecting the scope of rights acquired by customers before the amendment is introduced;
  6. Facilitating the service;
  7. Reasons of organizational nature, e.g. changes of names or our contact data, or changes concerning our operations, business profile;
  8. Amendment due to technical, technological reasons, e.g. within the scope of improvement of security.

14.3. If amendments are introduced, we shall make the new wording of the Terms of sale or the information about it available on our Site at least 14 days in advance.

14.4. Amendments to the Terms of Sale do not affect the rights acquired by the customer before the amendment enters into force, which means that orders of the customer shall be executed on conditions applicable at the time of placing the order.

 

 

APPENDIX I

WITHDRAWAL FORM

If you wish to withdraw from the contract, please fill in this form and return it to us.

To: Estee Lauder PL RS, Prumyslovy Park 37/15, 35002 Cheb (Czech Republic)
Tel : +48221042337

I hereby withdraw from the contract concluded by me for the purchase of the following goods (provide the name and quantity of the product(s) returned):

OR for the part exchange of the following goods (provide the name and quantity of the product(s) exchanged):

Ordered on: (insert date)
Received on: (insert date)

Name of consumer:

Address of consumer:

Signature of consumer (only required for notification on paper):

Date: