Terms of service

§1 DEFINITIONS

We explain the basic concepts used in these Terms and Conditions.

Working Day – a day from Monday to Friday, excluding public holidays.
Customer – a natural person, legal person or organizational unit without legal personality, which is granted legal capacity by law, who concludes or intends to conclude a Sales Agreement with the Seller or uses or intends to use the Electronic Service.
Consumer – a natural person who performs a legal transaction with an entrepreneur that is not directly related to his business or professional activity.
Entrepreneur – Consumer – a natural person concluding a contract directly related to his business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Civil Code – the Polish Act of 23 April 1964 – Civil Code.
Account – a free Electronic Service, a set of resources in the Seller's ICT system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about the Orders placed by him in the Online Store are collected.
Newsletter – a free Electronic Service that allows all Users who use it to receive from the Seller cyclical content in the form of an electronic letter (e-mail) containing information about Products, news and promotions in the Online Store, by providing an e-mail address or telephone number.
Product – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
Terms and Conditions – these terms and conditions of the Online Store.
Online Store – the Seller's online store operating at the website address.
Seller – the company operating the Online Store.
Sales Agreement – a Product sales agreement concluded or to be concluded between the Customer and the Seller via the Online Store.
Electronic Service – a service provided electronically by the Seller to the Customer via the Website.
User – a natural person who has access to the Website, using the Electronic Services provided by the Seller via the Website.
Order – a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

§2 RULES FOR USING THE WEBSITE

We explain what minimum technical requirements you need to meet to use our Website. Don't worry, there aren't so many.

The use of the Website may take place only under the terms and obligations in the scope specified in the Terms.
The use of the Website requires that the end device and the data communications system used by the Client meet appropriate technical requirements. The minimum technical requirements of the User's device allowing full and correct use of the Website are as follow:
1. device with access to the Internet;
2. the latest version of your web browser.
The Seller declares that it makes every effort to provide Users with constant access to the Website and provided Services. However, the Seller does not guarantee that the use of the Website will be without errors or technical interruptions. Seller reserves the right to suspend or limit access to the Website at any time, without prior notice to customers.
Seller is not responsible for the content of other sites and portals, to which the Customer may be redirected using links placed on the Website.

§3 ELECTRONIC SERVICES

We describe our electronic services and explain how to make a complaint about them.

The Seller provides the following Electronic Services to the Clients free of charge on the Website:
1. Customer's account, in case of its registration;
2. enabling Customers to place Orders, conclude Sales Agreements, under the terms and conditions specified in these Terms;
3. presenting Customers with advertising content tailored to their interests;
4. enabling Customers to use the services of the Shopping Cart;
5. enable browsing the Content placed in the Store, including marketing content;
6. Allowing you to add feedback on specific products;
7. Instant Messenger (Live Chat);
8. Newsletter.
In addition, the Seller provides the following services free of charge through the Website for Customers who have created an Account:
1. maintaining the Customer's session after the Customer logs into the Account (using the web browser);
2. storing and making available to the Customer through the Account the history of Orders;
3. tracking the Order status;
4. enable changes to the Customer's data in the Account;
5. Enabling you to join the Ambassador Program;
6. sending reminder messages about products in the Customer's shopping cart.
Using the Account is possible after the following steps have been completed by the Customer:
1. filling in the registration form, agreeing to process personal data, accepting the provisions of these Terms;
2. successful registration, which will be confirmed by an e-mail from the BOK.
Agreement for the provision of Services is concluded upon receipt by the Client of confirmation of Customer Account registration, sent by the Seller to the email address provided by the Client during registration. Account is provided free of charge for an indefinite period of time. A Customer has the possibility, at any time and without giving reasons, to remove an Account (resignation from the Account) by sending the appropriate request to the Seller, in particular via e-mail to the address: office@last-skincare.com. Setting up an Account is not required to place an Order. Seller may, however, introduce such a limitation within the functionality of the Website, in particular due to the relationship of the Product or type of Products with the services provided under the Account.
The use of the Shopping Cart begins at the moment of adding the first Product to the shopping cart.
The Shopping Cart is provided free of charge and has a one-time nature and is terminated at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
In particular, the Customer is obliged to:
1. to provide in the forms only true, current and all the necessary data of the Customer;
2. immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of an Agreement for the provision of Services or Sales Agreement, in particular to the extent that is necessary for their proper implementation; the Customer has the opportunity to change the data entered during the creation of an Account at any time using the options available within the Account;
3. use services and functionalities made available by the Seller in a way that does not interfere with the functioning of the Seller and the Website;
4. use services and functionalities made available by the Seller in a way that is consistent with the applicable law, the provisions of the Terms and Conditions, as well as the customs and rules of social coexistence adopted in a given scope;
5. use services and functionalities made available by the Seller in a way that does not cause inconvenience to other Customers and Users;
6. not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.
The Customer may lodge a complaint regarding the Electronic Services provided by the Seller. The complaint may be submitted in electronic form and sent to the e-mail address: office@last-skicare.com. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider any complaints and provide a response to the Customer's e-mail address provided in the complaint.

§4 TERMS OF CONCLUDING A SALES AGREEMENT

We explain how to place an order and conclude a sales agreement. We also explain how promotional campaigns work.

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
The Seller enables the Customer to place an Order via the Website in the following way: The Customer adds the selected Product or Products to the Shopping Cart, then proceeds to the Order Form, where he indicates the method of delivery and payment and provides the data necessary to complete the Order. The Order is placed when the Customer confirms its content and sends the Order Form to the Seller by clicking the "Order and Pay" button – until this moment, the Customer has the possibility to modify the entered data and the selected Product. In the Order, the Customer is obliged to provide true and current data.
After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The e-mail contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
The Seller reserves the right to limit the available methods of payment, including the requirement of prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
The total value of the Order includes the Price, delivery costs and any other costs of optional paid services chosen by the Customer. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by making these Terms available on the Website and sending an e-mail to the Customer. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system.
The Seller may conduct Promotional Actions on the Website. The Promotional Actions in force in the Online Store do not cumulate, unless the provisions of the Promotion expressly state otherwise.
Each of the Promotional Actions conducted shall have corresponding Promotional Action Rules. If a Promotional Action is in force, the provisions of the Terms of the Promotional Action take precedence over the provisions of these Regulations. In matters not covered by the Terms of the Promotional Action, the provisions of these Regulations shall apply.

§5 PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

The Seller makes available to the Client various methods of payment for a Sales Agreement, in particular electronic payments, including blister and credit card payments, as well as deferred payments through authorized external services, in accordance with the information available on the Website.
A possible methods of payment are specified on the Website at the moment of expressing by the Client the will to be bound by the Sales Agreement. The available methods of payment may depend on the method of delivery or the Product chosen by the Customer. The available methods of payment may change in the case of placing several Orders at the same time, due to the size of the parcel.
Settlement of electronic, deferred payment and payment card transactions shall be carried out at the Customer's option through authorized services.
In case the Seller does not receive payment from a Customer who chose to pay in advance, i.e. by the Blik, electronic payment or payment card, the BOK may contact the Customer to remind about the payment and the abandoned shopping cart, including sending an email (the transaction email). Failure to make payment within 2 days of placing the Order and then within an additional 2-day period will result in the Customer's offer made under the Order not being accepted. The Customer may also, until receiving a message about sending the Order, cancel it without any consequences by contacting the Seller through the BOK, which does not affect his right to withdraw from the contract.

§6 COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

Product delivery is a very important part of the transaction. We try to get the product to you as soon as possible.

We deliver Products as follows:
1. by InPost Sp. z o.o. on the territory of Poland;
2. by InPost Sp. z o.o., DPD Polska Sp. z o.o. or Fedex on the territory of Europe;
3. by Fedex (on the territory of Poland) or DHL Parcel Polska Sp. z o.o. (on the territory of the United States of America);
4. in the case of delivery of the Product outside the above-mentioned areas, the Customer is obliged to contact the Seller in order to determine the other method of delivery of the Product.
Delivery of the Product to the Client is payable, unless the Sales Agreement provides otherwise. Currently available Product delivery costs are indicated to the Client on the Website at the moment of expressing by the Client the will to be bound by the Sales Agreement.
The available delivery methods may depend on the method of payment chosen by the Customer or the Product. The available delivery methods may change when several Orders are placed at the same time, particularly in view of the Products covered by them.
The total waiting time for the Product to be received by the Client (delivery time) consists of the time for the Seller to prepare the Order for shipment (up to 24 hours from the date of placing the order) and the time for the Product to be delivered by the delivery company (courier service).
In the case of delivery of Products outside the European Union, the Customer acknowledges and agrees that the shipment may be subject to customs duties, import taxes, brokerage fees or other charges imposed by the authorities of the destination country. Such charges are not included in the Product price or delivery costspresented in the Online Store and are not charged, collected or controlled by the Seller. All customs duties, import taxes and any additional charges related to customs clearance shall be borne solely by the Customer, as the recipient of the shipment, and paid directly to the competent authorities or the courier company acting on their behalf. The Seller shall not be responsible for the amount, assessment, collection or reimbursement of such charges, nor for any delays resulting from customs clearance procedures.

§7 PRODUCT COMPLAINT

We pay great attention to the workmanship of our products. However, if you have any objections to the purchased goods – check how to make a complaint in an easy way.

The Customer, who is the Consumer under the EU law, is entitled to make a complaint about the purchased Product. The rights contained in pt. 7 also apply to Entrepreneurs – Consumers under the EU law.
The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Polish Civil Code, in particular in Article 556 and subsequent articles of the Polish Civil Code.
The Seller is obliged to deliver to the Customer the Product without defects.
A complaint may be submitted by the Customer for example:
1. in writing to the Seller's address;
2. in electronic form via e-mail to: office@last-skicare.com.
If a sold Product has a defect, a Customer may:
1. Make a statement to reduce the Price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective Product for free from defects or remove the defect. Reduced price should remain in such proportion to the price under the contract, in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer cannot withdraw from the contract if the defect of the Product is insignificant;
2. demand to replace the Product with a defect-free Product or remove the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Customer, with the reservations and under the conditions specified in the relevant provisions of the Polish Civil Code.
The Client may instead of defect rectification proposed by the Seller request replacement of the Product with a defect-free one or instead of replacing the Product demand rectification of the defect, unless bringing the Product into conformity with the agreement in a way selected by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, type and importance of the defect found, as well as inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.
It is recommended that the Customer provide in the description of the complaint (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller shall respond to the Customer's complaint immediately, no later than within 14 days of its receipt. If the Customer has requested replacement of goods or removal of defects or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, it is considered that the request is justified.
If, in order for the Seller to respond to the Client's complaint or exercise the Client's rights under warranty, it is necessary to deliver the Product to the Seller, in accordance with Article 5612 in connection with Article 354 § 2 of the Polish Civil Code, the Client shall deliver the Product at the Seller's expense.
The Seller is liable under warranty if a physical defect is found before the lapse of two years from the date of release of the Product to the Customer. Claim for removal of defects or replacement of the Product with a Product free from defects expires after a year from the date of finding the defect, but in the case of an Order placed by a Consumer – the period of limitation cannot end before the expiry of the period referred to in the first sentence.

§8 OUT-OF-COURT DISPUTE RESOLUTION

We assume that in case of disagreements with the Consumer, it is worth talking and reach a mutual agreement out-of-court. See how we can resolve a dispute.

The use of out-of-court complaint and claim procedures is voluntary. The following provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. Seller's statement on the consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other durable media in the event when, following the complaint submitted by the Consumer, the dispute has not been resolved.
The rules for conducting proceedings on out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of handling complaints and pursuing claims and the rules of access to these procedures may be available at the headquarters and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, in particular also at the following website address of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings concerning out-of-court settlement of consumer disputes.
A Customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
1. The Customer shall have the right to apply to the permanent arbitration court for settlement of a dispute arising from the Sales Agreement, as referred to in Article 37 of the Polish Act of 15 December 2000 on Trade Inspection.
2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Polish Act of 15 December 2000 on Trade Inspection, with a request to initiate mediation proceedings on out-of-court dispute resolution between the Customer and the Seller.
3. The Customer may obtain free assistance to resolve a dispute between the Customer and the Seller, also using the free assistance of district (city) consumer advocate or a social organization, whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
4. At http://ec.europa.eu/consumers/odr, the European Commission provides an online platform for resolving consumer disputes. The seller is not currently participating in this voluntary alternative dispute resolution procedure.

§9 RIGHT OF RETURN

We know that sometimes Consumers want to exercise their statutory right of return. We fully understand this. Check how quickly and easily you can return our products.

The right of return is entitled to Clients who are Consumers or Entrepreneurs – Consumers under the EU law. Check out our Return Policy.

§10 INTELLECTUAL PROPERTY RIGHTS

We protect our intellectual property rights.

All rights to the Website, and in particular our copyrights, intellectual property rights to its name, domain name, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos, and other content posted by the Seller belong to the Seller, and the use of them may take place only in accordance with these Terms and Conditions.
It is forbidden to copy, reproduce, modify, multiply or disseminate any part of the Website, the Service or its elements without prior written consent of the Seller, except in cases expressly permitted by applicable law and these Terms and Conditions. The Seller may take steps, including legal proceedings, in order to protect his own interests and the interests of the Clients of the Website.
The rights to use, copy and distribute data available on the website are subject to the provisions of the Act on Copyright and Related Rights.
The use of Online Store data for commercial purposes may take place after prior notification to the Seller and obtaining his written consent.

§11 PERSONAL DATA PROTECTION

The principles of personal data protection are defined in the document called the "Privacy Policy".
The rules of using cookies on the Website are defined in the document called the "Cookies Policy".

§12 PROVISIONS APPLICABLE TO NON-CONSUMER CUSTOMERS & B2B

If you are shopping on our Website and you are not a Consumer – this section of the terms and conditions is addressed to you.

This section 12 of the Terms and Conditions and the provisions contained therein apply exclusively to Clients who are not Consumers and Entrepreneurs – Consumers under the EU law.
At the moment of handing over the Product by the Seller to the delivery company (the courier), the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a Consumer. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring from the acceptance of the Product for transport until its release to the Client and for delay in shipment.
In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
Neither Vendor nor its employees, authorized representatives and agents shall be liable to Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
In each case of establishing the liability of the Seller, its employees, authorized representatives and/or attorneys-in-fact, such liability in relation to a Client who is not a Consumer, regardless of its legal basis, shall be limited – both as part of a single claim as well as for all claims in total – to the amount of the paid Price and delivery costs for the last Sales Agreement, but not more than one thousand PLN.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be subject to the competent court for the seat of the Seller in Poland.
With regard to Customers who are not Consumers, the Seller may amend these Terms and Conditions at any time under universally applicable provisions of law.

§13 FINAL PROVISIONS

The version 2.0. of the Terms is valid from 8 June 2022.
The Regulations are available in Polish and in English. The Polish version is the binding version.
Matters not regulated by these Terms shall be governed by generally applicable laws, in a given territory.
Unless otherwise stipulated by the law, the governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
If the mandatory provisions of the law of the country of the Client's habitual residence provide for more favorable conditions for the Client than the provisions of the Polish law and the provisions of these Regulations, the provisions of the law of the country of the Client's habitual residence shall apply.
Unless applicable law provides otherwise, any disputes arising between the Seller and the Customer shall be resolved by the Polish courts with jurisdiction over the Seller's registered office.
The content of these Terms may be changed. The Seller will inform about it in advance on the Website, by posting an information.