Sale of goods agreement

This agreement contains all essential conditions for organizing the purchase and sale remotely, is addressed to users of the website and is an official and public proposal from the Seller, WALLSTYLE Sp. z o.o., pl. Gen. Walerego Wróblewskiego 3A/7, 50-413 Wrocław, Poland (NIP: 8992983807), operating the online store Lipastick.com, to conclude a purchase and sale agreement for the Goods, the subject and terms of which are set forth below. By placing an order, the user, acting to purchase the Goods, accepts the terms of this contract (hereinafter – the Agreement) as follows:

1. General provisions

1.1. This contract is a public offer agreement (under Art. 66 §1 of the Civil Code of the Republic of Poland), and its terms are identical for all users regardless of status (individual, legal entity, individual entrepreneur).

1.2. By accepting the terms of this contract, that is, the Seller’s public offer, the user becomes the Buyer.

1.3. By entering into the contract, the Buyer confirms that they are familiar with and fully agree to its terms and, if the Buyer is a natural person, gives consent for the Seller to process their data to fulfil the conditions of this Agreement and conduct mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement and for the period specified in our Privacy Policy. The Seller processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Polish Act of 10 May 2018 on the Protection of Personal Data, as described in the Privacy Policy.

2. Terms and definitions

2.1. “Goods” – the products offered on the Seller’s website.

2.2. “Catalog” – information about the products placed by the Seller on its website.

2.3. “Order” – the Buyer’s decision to purchase a product offered by the Seller.

2.4. “Online store” – the Seller’s website designed for concluding retail purchase and sale agreements remotely, via the Internet, based on the Seller’s description and photographs of the Goods presented in the Catalog, without the Buyer being able to examine the Goods in person.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

3.2. This Agreement regulates purchases in the online store Lipastick.com, including:

a) the voluntary selection of Goods by the Buyer from the Catalog;
b) the Buyer independently placing an order in the online store;
c) the Buyer paying for the order placed in the online store;
d) the execution and delivery of the order to the Buyer under the terms of this Agreement.

4. Ordering procedure

4.1. The Buyer independently places an order in the Lipastick.com online store.

5. Order payment terms and procedure

5.1. The full order cost includes the price of the product (as indicated in the Catalog) and the delivery cost, if any. Shipping to the USA is free.

5.2. Delivery is provided by the Seller worldwide using courier companies and a consolidation system. The Seller chooses the delivery option independently.

5.3. The Buyer pays for the order by any of the payment methods offered by the Seller.

6. Order delivery

6.1. The total delivery time consists of order processing, production and delivery time. Orders are processed, produced and dispatched within 1–2 business days. The estimated delivery time is 8–10 business days to the USA and 4–7 business days within Europe.

7. Order return procedure

7.1. According to Art. 38 of the Act of May 30, 2014 on consumer rights, goods made to the Buyer’s special order (e.g. cut to size) are not subject to exchange or return.

7.2. Upon receiving the Goods, the Buyer should carefully check the contents of the order. The Buyer may refuse the Goods or part of them at the time of delivery if they do not correspond to the order. Goods can only be returned in their original, undamaged packaging.

7.3. In case of a defect, the Buyer sends the Seller a written description of the issue with photos. The Seller may request the defective Goods to be returned for examination. If the defect is confirmed, the Seller replaces the defective Goods free of charge or refunds the payment.

8. Rights and obligations of the parties

8.1. The Buyer agrees to:

a) independently place an order in the Lipastick.com online store;
b) pay for and receive the order under the terms of this Agreement.

8.2. The Buyer has the right to demand that the Seller comply with the terms of this Agreement.

8.3. The Seller agrees to:

a) comply with the terms of this Agreement;
b) deliver the Goods to the Buyer in accordance with the design selected from the Catalog, the order placed and the terms of this Agreement;
c) be fully responsible to the Buyer for fulfilling the order until it is handed over to the Buyer.

8.4. Except as required by applicable law, the Seller is not liable for damages incurred by the Buyer due to the actions or omissions of third parties.

9. Liability of the parties and governing law

9.1. In case of force majeure circumstances documented by the relevant authorities, the parties are released from fulfilling this Agreement.

9.2. The parties make every effort to resolve any disputes through negotiation. If an agreement cannot be reached, the dispute is resolved by the competent common court in Poland.

9.3. This Agreement is governed by the laws of the Republic of Poland. This does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

10. Term of the Agreement

10.1. This Agreement becomes effective from the date the order is placed and remains valid until all of its terms are fulfilled.

Questions about this Agreement? Contact us at sale@lipastick.com.