Online Store Terms and Conditions

§ 1

Preliminary Provisions

  1. The online store brilanteshop.pl, available at www.brilanteshop.pl, is operated by Skiera Cosmetics BV, based in The Hague, registered in the Dutch Business Register under VAT number NL859198819B01, KVK 72689331.
  2. These Terms and Conditions are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with a Consumer through the Store.

§ 2

Definitions

  • Seller – a natural person conducting business under the name Skiera Cosmetics BV, VAT NL859198819B01, based in The Hague, Koperwerf 27, 2544EM, KVK 72689331.
  • Client – any entity making purchases via the Store.
  • Entrepreneur – a natural or legal person or an organizational unit without legal personality, which by separate law is granted legal capacity, conducting business on its own behalf, and using the Store.
  • Store – the online store operated by the Seller at www.brilanteshop.pl.
  • Distance Agreement – a contract concluded with the Client as part of an organized system for concluding distance contracts (through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract.
  • Terms and Conditions – this document.
  • Order – a declaration of intent made by the Client via the Order Form, directly aimed at concluding a Sales Agreement for one or more Products with the Seller.
  • Account – the Client’s account in the Store where the data provided by the Client and information about placed Orders are stored.
  • Registration Form – a form available in the Store enabling Account creation.
  • Order Form – an interactive form in the Store enabling Order placement, in particular by adding Products to the Cart and specifying delivery and payment methods.
  • Cart – a Store software component where selected Products are visible and where Order data (such as quantity) can be modified.
  • Product – a movable item/service available in the Store being the subject of the Sales Agreement between the Client and the Seller.
  • Sales Agreement – an agreement for the sale of a Product concluded or executed between the Client and the Seller via the online Store. Depending on the Product, it may also mean a service contract or a contract for specific work.

§ 3

Contact with the Store

  1. Seller’s address: Koperwerf 27, 2544EM The Hague
  2. Seller’s e-mail: [email protected]
  3. Seller’s phone: +31 6 24923140
  4. Bank account: SWIFT INGBNL2A, IBAN NL41INGB0113662718
  5. The Client may contact the Seller via the addresses and numbers provided in this paragraph.
  6. The Client may contact the Seller by phone between 08:00 and 15:00.

§ 4

Technical Requirements

To use the Store, including browsing the assortment and placing Orders, the following are required:

  1. A device with Internet access and a web browser;
  2. An active e-mail account;
  3. Cookies enabled;
  4. FlashPlayer installed.

§ 5

General Information

  1. The Seller shall not be liable, to the maximum extent permitted by law, for interruptions caused by force majeure, third-party actions, or incompatibility of the Store with the Client’s technical infrastructure.
  2. Browsing the assortment does not require an Account. Orders can be placed either by creating an Account (in accordance with §6) or by providing the necessary personal and address data without Account registration.
  3. Prices in the Store are displayed in euros (EUR) and are gross prices (including VAT).
  4. The total amount payable by the Client consists of the Product price and the delivery cost, both shown before placing the Order.
  5. For subscriptions or ongoing services, the total price includes all payments for the billing period.
  6. If the nature of the Product does not allow a reasonable pre-calculation of the total price, information on how the price will be calculated and on transport, delivery, postal, or other costs will be provided in the Product description.

§ 6

Creating an Account

  1. To create an Account, the Registration Form must be completed.
  2. Account creation is free of charge.
  3. Logging in requires the login and password established during registration.
  4. The Client may delete the Account at any time without providing a reason or incurring fees, by sending a request to the Seller via e-mail or postal address (§3).

§ 7

Placing an Order

To place an Order:

  1. Log in to the Store (optional);
  2. Select the Product and click “Add to Cart”;
  3. Log in or choose to order without registration;
  4. Fill out the Order Form with delivery and billing information;
  5. Click “Order and Pay” and confirm via the link sent by e-mail;
  6. Select a payment method and complete the payment according to §8(3).

§ 8

Delivery and Payment Methods

  1. Delivery method:
    • courier shipment.
  2. Payment methods:
    • Electronic payments, including:
      • Credit/Debit Card
      • PayPal
      • Przelewy24
      • Bank transfer
  3. Detailed information about delivery and payment methods is available on the Store’s website.

§ 9

Execution of the Sales Agreement

The Sales Agreement between the Customer and the Seller is concluded once the Customer places an Order using the Order Form on the online Store, in accordance with § 7 of the Regulations.

  1. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the Order and its acceptance for processing is sent to the Customer via email to the address provided when placing the Order. Upon receipt of this email, the Sales Agreement is considered concluded.
  2. The Product will be dispatched by the Seller within the timeframe indicated in its description (subject to section 5 of this paragraph).
  3. In the case of an Order containing Products with different delivery times, the delivery time shall be the longest of those specified. The Customer may request partial shipments or a single shipment after the entire Order is completed.
  4. The delivery time begins:
    1. for bank transfer payments – on the day the Seller’s bank account is credited,
    2. for electronic payments – on the day the Order preparation is completed.
  5. In the case of an Order containing Products with different availability dates for collection, the availability date is the longest of those specified.
  6. In such cases, the Customer may collect Products in parts (as they become available) or collect the entire Order at once once all Products are ready.
  7. The time from which the Product is ready for collection is calculated as follows:
    1. for bank transfer, electronic or card payments – from the day the Seller’s bank account is credited,
    2. for cash on collection – from the day the Sales Agreement is concluded.
  8. Delivery of Products is carried out within the Netherlands and Belgium, unless the Store explicitly informs about the possibility of delivery to other countries.
  9. Delivery of Products to the Customer is subject to a fee unless the Sales Agreement states otherwise. Delivery costs are indicated in the "Delivery Costs" section and during the Order placement process.

Product Unavailability and Return of Shipment to the Seller

  1. The Store makes every effort to ensure that stock levels displayed on the website are accurate. If, after placing an Order, it becomes apparent that a Product is unavailable, the Seller will promptly notify the Customer by email.
  2. In the event of Product unavailability, the Seller will automatically refund the cost of the unavailable Product within no later than 7 days of notifying the Customer. The rest of the Order will be processed if it contains other available Products.
  3. If the shipment is returned to the Seller due to:
    1. failure by the Customer to collect it within the required timeframe,
    2. providing an incorrect or incomplete delivery address,
    3. refusal to accept the parcel without prior notification of a return –
      the shipment is considered returned due to the Customer’s fault.
  4. In the case of a return caused by the Customer, the Seller will refund the Customer only for the returned Products, excluding the delivery costs, which were incurred in fulfilling the Order.
  5. If the shipment is returned to the Seller for any reason, the Seller will automatically refund the cost of the returned Products within 7 working days of receiving the return at the warehouse.
  6. The Customer may request the reshipment of the returned parcel; however, this requires:
    1. repayment of the delivery costs,
    2. providing a correct and complete delivery address.

§ 10

Right of Withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The withdrawal period begins on the day the Product is received by the Consumer or a third party indicated by the Consumer (other than the carrier).
  3. For multiple Products delivered separately or in parts, the period begins upon receipt of the last Product or part.
  4. For agreements involving regular deliveries (subscription), the period begins upon receipt of the first Product.
  5. Withdrawal may be made by sending a declaration to the Seller by e-mail.
  6. The Seller shall confirm receipt of the withdrawal declaration.

Effects of withdrawal:

  1. The Agreement is considered void.
  2. The Seller shall refund the Consumer within 14 days from receiving the withdrawal declaration, excluding delivery costs.
  3. The refund shall be made by bank transfer.
  4. The Seller may withhold the refund until the Product is returned.
  5. The Consumer must return the Product within 14 days of notifying withdrawal to the address in §3.

No right of withdrawal applies to contracts:

  • for goods made to the Consumer’s specifications or clearly personalized;
  • for sealed goods unfit for return for health or hygiene reasons once unsealed;
  • for perishable goods or goods with a short shelf life;
  • for services fully performed with prior consent and acknowledgment of loss of withdrawal rights;
  • for goods/services dependent on market fluctuations beyond the Seller’s control;
  • for goods inseparably mixed with other items after delivery.

§ 11

Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. The Seller must deliver goods free from defects.
  3. In case of defects, the Client has the right to file a complaint.
  4. Complaints should be submitted in writing or by e-mail to the addresses indicated in §3.
  5. It is recommended that the complaint include: a brief description of the defect, circumstances (including date), Client details, and request.
  6. The Seller shall respond to the complaint within 14 days. If no response is given within that period, the complaint is considered accepted.
  7. Products returned under the complaint procedure should be sent to the address in §3.

§ 12

Out-of-Court Complaint and Redress Procedures

Detailed information on out-of-court dispute resolution and consumer mediation procedures is available at consumer protection offices and their websites.

§ 13

Personal Data

  1. The Seller is the controller of personal data collected via the Store.
  2. Personal data is collected for the execution of the Sales Agreement and, with consent, also for marketing purposes.
  3. Recipients of Clients’ personal data may include:
    1. In the case of delivery by post or courier – the carrier or intermediary executing shipments on behalf of the Seller;
    2. In the case of electronic payments – the selected payment operator.
  4. The Client has the right to access and correct their personal data.
  5. Providing personal data is voluntary but necessary to conclude the Sales Agreement.

§ 14

Final Provisions

  1. Agreements concluded through the Store are in Polish.
  2. The Seller reserves the right to amend these Terms for valid reasons (changes in law, payment or delivery methods). The Client will be notified at least 7 days in advance.
  3. In matters not covered by these Terms, the provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
  4. The Client has the right to use out-of-court complaint and redress mechanisms via the EU ODR platform:
    http://ec.europa.eu/consumers/odr/