Terms of service

These Terms of Service (“Terms”) govern your use of Lipastick.com, including all content, features and services provided by Lipastick on or through Lipastick.com (the “Service”).

By accessing or using Lipastick.com, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website.

I. Definitions

The following terms are used in these Terms:

1. Customer – a natural person, a legal person or an organizational unit without legal personality that has the legal capacity to place orders in the store.
2. Consumer – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
3. Civil Code – the Polish Civil Code (Act of 23 April 1964, as amended).
4. Terms (Regulations) – these Terms, which set out the general conditions of sale and the rules for the provision of electronic services in the Lipastick online store.
5. Online Store (Store) – the internet service available at https://lipastick.com/, through which the Customer can, in particular, place orders.
6. Goods – the products presented in the online store.
7. Purchase Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Lipastick and the Customer via the website.
8. Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights (as amended).
9. Act on the Provision of Electronic Services – the Polish Act of 18 July 2002 on the Provision of Electronic Services (as amended).
10. Order – the Customer’s declaration of intent aimed directly at concluding a Purchase Agreement, specifying in particular the type and quantity of the Goods.

II. Use of the Service

1. You must be at least 18 years old to use this Service.
2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3. You agree to accept responsibility for all activities that occur under your account or password.

III. General provisions

1. These Terms define the rules for using the online store at https://lipastick.com/.
2. These Terms are the regulations referred to in Art. 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.
3. The Lipastick online store at https://lipastick.com/ is operated by WALLSTYLE Sp. z o.o., pl. Gen. Walerego Wróblewskiego 3A/7, 50-413 Wrocław, Poland (NIP: 8992983807).
4. These Terms set out, in particular:
   • the conditions for placing orders through the online store;
   • the principles of concluding sales agreements using the services provided by the online store.
5. To use the online store, the Customer’s device must meet the following minimum technical requirements: JavaScript enabled and a screen resolution of at least 320 px.
6. To use the online store, the Customer needs a computer or other device with internet access.
7. Customers can access, download and print these Terms at any time at https://lipastick.com/policies/terms-of-service.

IV. Intellectual property

All content provided on Lipastick.com is for informational purposes only. We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.

All content on Lipastick.com, including text, graphics, logos, images and software, is the property of Lipastick and is protected by intellectual property laws.

V. Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Lipastick. Lipastick has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services.

VI. User conduct

1. You agree not to use Lipastick.com to harass, abuse or harm others, or for any illegal or unauthorized purpose, and not to violate any laws in your jurisdiction while using the Service.
2. The Customer may place an order without registering in the store, after reading and accepting these Terms.
3. To ensure the security of messages and data transmitted in connection with the services provided on the website, the online store takes technical and organizational measures appropriate to the level of risk, in particular measures to prevent unauthorized persons from accessing personal data transmitted over the internet.
4. The Customer agrees in particular:
   • to use the online store in accordance with applicable law, these Terms and the generally accepted principles of internet use;
   • not to provide or publish content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal or other rights of third parties;
   • to use the online store in a way that does not interfere with its operation, in particular through the use of specific software or devices;
   • not to send or place unsolicited commercial information (spam) in the online store;
   • to use the online store in a way that does not cause inconvenience to other customers or to Lipastick;
   • to use any content contained in the online store for personal use only.

VII. Limitation of liability

In no event shall Lipastick, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, goodwill or other intangible losses.

VIII. Concluding the sales agreement

1. To conclude a sales agreement through the online store, go to https://lipastick.com/, select the Goods and follow the steps and messages displayed on the website.
2. The Customer selects the Goods by adding them to the shopping cart.
3. Until the order confirmation button is pressed, the Customer can change the entered data and the selected products.
4. After the Customer has provided all the necessary data, a summary of the order is displayed, including a description of the selected Goods, the total price and all other costs.
5. To place an order, the Customer must accept these Terms, provide the personal information marked as mandatory and press the order confirmation button.
6. Information about the Goods available on the store’s website constitutes an offer within the meaning of Art. 66 § 1 of the Civil Code. By sending the order, the Customer declares their intention to conclude a sales contract with Lipastick in accordance with these Terms.
7. The contract is concluded as soon as the Customer’s order is received by the online store’s system, provided the order meets the requirements. After the contract is concluded, the Customer receives an email confirming all essential elements of the order.
8. The purchase contract is concluded in English.
9. The order details and these Terms are confirmed and stored by email. For security reasons, order data is not publicly available on the internet.

IX. Delivery and shipping

1. Goods are delivered worldwide to the address specified by the Customer when ordering.
2. Delivery is carried out by courier service. Personal pickup is not available.
3. Shipping costs, if any, are displayed when the order is placed. Shipping to the USA is free.
4. Delivery times are listed at https://lipastick.com/pages/delivery-and-shipping and are counted from the day the Customer places the order.
5. Damage during delivery: in the case of online sales, we always bear the risk of accidental damage or loss of the Goods during transport. If the Goods arrive with visible transport damage, please inform the carrier and contact us as soon as possible. A delay in reporting the damage does not affect your statutory rights, in particular your rights under the statutory warranty. Reporting transport damage quickly helps us enforce our own claims against the carrier or transport insurer.
6. For Customers who are not consumers, the risk of accidental damage or loss of the Goods passes to the buyer when the Goods are handed over to the carrier.

X. Prices and payment methods

1. Prices are given in US dollars. For orders shipped to the USA, all customs fees and import duties are paid by us; state sales tax, if applicable, is calculated at checkout. For other destinations, prices do not include VAT, customs duties or other local charges.
2. The Customer can pay:
   • by card, via the Stripe payment system;
   • with PayPal.

XI. Order cancellation and right of withdrawal

1. Cancellation within 1 day. You may cancel any order within 1 day (24 hours) of placing it by notifying us in writing at sale@lipastick.com. In this case, we will refund the full amount paid.
2. Custom-made goods. Wall murals and wallpapers are produced according to the Customer’s specifications (printed to the measurements provided). In accordance with Art. 38 of the Consumer Rights Act, the right to withdraw from a distance contract does not apply to such goods. After the 1-day cancellation period, orders for custom-made goods cannot be cancelled or returned for a change of mind. This does not affect your rights in the case of defective goods (see sections XII and XIII).
3. Non-custom goods. Consumers who purchase goods that are not made to their specifications have the right to withdraw from the contract within 14 days of receiving the goods, without giving any reason. To exercise this right, notify us in writing at sale@lipastick.com. We will provide instructions for returning the goods and will refund the payment received. The direct cost of returning the goods is borne by the consumer.

XII. Complaints about the Goods

For consumers:

We are obliged to deliver Goods free of defects. Complaints can be submitted by email to sale@lipastick.com.

When exercising warranty rights, if we consider it necessary to examine the complaint, you will be asked to send the defective Goods to us at our expense. If sending the Goods is overly difficult due to the nature of the product or the way it has been installed, you must make the Goods available to us where they are located. We will respond to the complaint without delay, and no later than 14 days from the date it is submitted.

We are liable under the warranty if a physical defect is discovered within two years of delivery of the Goods to you. If the item sold is used, the warranty period is one year from the date of delivery.

We recommend that the complaint include: (1) information about the subject of the complaint, in particular the nature and date of the defect; (2) the requested remedy (replacement with a new product, repair, price reduction or withdrawal from the contract if the defect is significant); and (3) the contact details of the person submitting the complaint. This helps us review the complaint faster. These recommendations are not mandatory and do not affect the validity of complaints submitted without this information.

For customers who are not consumers:

In the case of a sales contract concluded with a customer who is not a consumer, the online store’s liability under the warranty for defects is excluded. This exclusion does not apply if a defect was fraudulently concealed by us.

XIII. Our quality promise

Lipastick is the manufacturer of the Goods available in the store. In addition to the statutory warranty, if a panel arrives damaged or with a printing issue and this is reported to us with photos within 30 days of delivery, we will print and ship a replacement free of charge, as described in our Refund Policy. This promise does not exclude or limit the Customer’s rights under the statutory warranty for defects of the item sold.

XIV. Complaints regarding electronic services

1. Lipastick takes steps to ensure the proper operation of the online store, in line with current technical standards, and undertakes to remedy any irregularities reported by customers within a reasonable time.
2. Customers can report any irregularities or interruptions in the operation of the online store by email to sale@lipastick.com.
3. When reporting an irregularity, please describe its nature and when it occurred.
4. We will respond to the complaint without delay, and no later than 14 days from the date it is submitted.

XV. Out-of-court complaint handling and redress

Please note that complaints and claims can also be handled out of court. Using these methods is voluntary and possible only if both parties to the dispute agree.

• The consumer may request the initiation of an out-of-court consumer dispute resolution procedure.
• The consumer may also apply to a permanent arbitration court to resolve a dispute arising from the sales contract.
• Information on out-of-court dispute resolution procedures is available from the Polish Office of Competition and Consumer Protection (UOKiK) at uokik.gov.pl, as well as from local consumer ombudsmen and the Trade Inspection (Inspekcja Handlowa).

XVI. Final provisions

1. These Terms and all agreements concluded through the online store are 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.
2. Disputes with consumers are settled by the competent common court under the provisions of the Polish Code of Civil Procedure.
3. Disputes between Lipastick and a Customer who is not a consumer are settled by the common court having jurisdiction over the Seller’s registered office.
4. For matters not covered by these Terms, the provisions of applicable law apply, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services. In the event of any discrepancy between these Terms and the mandatory provisions of applicable law, the mandatory provisions prevail.

XVII. Changes to these Terms

Lipastick reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after the changes take effect, you agree to be bound by the revised Terms.

Contact information

If you have any questions about these Terms, please contact us at sale@lipastick.com.