Store Regulations
ONLINE STORE REGULATIONS
forsigmamen.com/
General Information
The website operating at https://forsigmamen.com / (hereinafter referred to as: "Store Website") is run by SIGMA MEN sp. z o.o. based in Gdynia, ul. Bolesława Krzywoustego 6, 81-035 Gdynia, registered in the business register maintained by the District Court Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register under number KRS: 0001102135, holding tax identification number NIP: 9581743462, REGON: 528482697, email: office@forsigmamen.com, phone: +48 729 498 218, (hereinafter referred to as: "Administrator");
The regulations specify the conditions, rules, and method of sales conducted by SIGMA MAN sp. z o.o. based in Gdynia, through the Online Store.
The principles of processing Users' personal data and their rights and obligations, as well as the rights and obligations of the Administrator, are defined in the Privacy Policy and Cookies Policy, available at the link: https://forsigmamen.com/policies/privacy-policy
Definitions
⦁ Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
⦁ Supplier - means the entity with which the Seller cooperates in the scope of delivering the Goods:
⦁ courier company
⦁ InPost Sp. Z o.o. based in Krakow, providing Delivery services and locker system (Paczkomat) support;
⦁ Password - means a string of letter, digit, or other characters chosen by the Client during Registration in the Online Store, used to secure access to the Client's Account in the Online Store.
⦁ Client - means the entity for whom, in accordance with the Regulations and legal provisions, services may be provided electronically or with whom a Sales Agreement may be concluded.
⦁ Consumer - means a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.
⦁ Client Account - means an individual panel for each Client, activated on their behalf by the Seller, after the Client has completed Registration and concluded the service agreement for Managing the Client Account.
⦁ Login - means the individual designation of the Client, established by them, consisting of a sequence of letter, digit, or other characters, required along with the Password to create a Client Account in the Online Store.
⦁ Entrepreneur - means a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity.
⦁ Entrepreneur with Consumer rights - means a natural person entering into a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of the business activity conducted by them, made available based on the provisions on the Central Register and Information on Economic Activity.
⦁ Regulations - means these regulations.
⦁ Registration - means the actual action performed in the manner specified in the Regulations, required for the Client to use all functionalities of the Online Store.
⦁ Seller - means SIGMA MEN sp. z o.o. based in Gdynia, ul. Bolesława Krzywoustego 6, 81-035 Gdynia, registered in the register of entrepreneurs maintained by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register under number KRS: 0001102135, having tax identification number NIP: 9581743462, REGON: 528482697, e-mail: ⦁ office@forsigmamen.com, also being the owner of the Online Store.
⦁ Online Store Website - means the websites under which the Seller operates the Online Store, functioning in the domain forsigmamen.com
⦁ Product - means the product presented by the Seller through the Store's Website, which may be the subject of the Sales Agreement.
⦁ Working days - means the days of the week from Monday to Friday excluding statutory holidays.
⦁ Durable medium - means a material or tool that enables the Client or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information is intended, and that allows the stored information to be reproduced in an unchanged form.
⦁ Sales agreement - means a distance sales agreement concluded under the terms specified in the Regulations, between the Client and the Seller.
General Terms of Use of the Online Store
All rights to the Store's Website, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store's Website, as well as to patterns, forms, logos displayed on the Store's Website (except for logos and photos presented on the Store's Website for the purpose of showcasing goods, for which copyrights belong to third parties) belong to the Seller, and their use may only occur in a manner specified and in accordance with the Regulations and with the Seller's written consent.
In order to place an order in the Online Store via the Store's Website and to use services provided electronically through the Store's Website, it is necessary for the Customer to have an active email account.
It is not permissible to use the resources and functions of the Store's Website for conducting activities by the Client that would violate the Seller's interests, i.e., advertising activities of another entrepreneur or product; activities involving posting content unrelated to the Seller's business; activities involving posting false or misleading content.
By using the Store's Website, the Customer accepts that access to the site depends on the availability and quality of the internet connection between the Customer and the data transmission service providers to which the Customer connects.
Registration
1. To create a Customer Account, the Customer is required to complete a free Registration.
2. Registration is not required to place an order on the Store's Website.
3. For Registration, the Client should fill out the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During Registration, the Client sets an individual Password.
4. During the completion of the registration form, the Client has the opportunity to familiarize themselves with the Terms and Conditions, accepting its content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the recipients of this data known to the Seller or anticipated.
6. The Client's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account Management service electronically. The consent can be withdrawn at any time by submitting an appropriate statement to the Seller. The statement can, for example, be sent to the Seller's address via email.
7. After submitting the completed registration form, the Client immediately receives, electronically to the email address provided in the registration form, confirmation of Registration by the Seller. At that moment, a contract for the provision of the Client Account Management service electronically is concluded, and the Client gains access to the Client Account and the ability to make changes to the data provided during Registration.
Orders
1. The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The Client can place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.
3. The customer placing an order through the Store's Website completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by choosing the "ADD TO CART" command under the given Goods presented on the Store's Website. After completing the entire order and indicating the Delivery method and payment form in the "CART", the customer places the order by sending the order form to the Seller, selecting the "I MAKE A PURCHASE" button on the Store's Website. Each time before sending the order to the Seller, the customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs they are obliged to bear in connection with the Sales Agreement.
4. Placing an order constitutes the Client's submission to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
5. After placing the order, the Seller sends a confirmation of its placement to the email address provided by the Customer.
6. Then, after confirming the placement of the order, the Seller sends to the email address provided by the Client information about the acceptance of the order for processing. The information about the acceptance of the order for processing is a statement by the Seller accepting the offer referred to in point 5 section 4 above, and upon its receipt by the Client, a Sales Agreement is concluded.
7. After concluding the Sales Agreement, the Seller confirms its terms to the Client by sending them on a Durable medium, to the Client's email address or in writing to the address provided by the Client during Registration or when placing the order.
8. Payment methods
⦁ Prices on the Store's Website listed next to a given Product are gross prices and do not include information regarding Delivery costs and any other costs that the Customer will be obliged to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing the order.
⦁ The client can choose the following payment methods for the ordered Goods:
⦁ bank transfer via the external payment system Przelewy24;
⦁ STRIPE - card payment via STRIPE
⦁ After placing the order, the Customer should promptly make the payment for the order according to the selected payment method.
⦁ In the event that the Client fails to make the payment, the Seller has the right to withdraw from the Sales Agreement. After the payment deadline has passed without success, the Seller will send the Client a statement of withdrawal from the agreement on a Durable Medium based on Article 492 of the Civil Code.
1. Delivery
⦁ Deliveries are made within the territory of selected countries around the world.
⦁ The Seller is obliged to deliver the Goods subject to the Sales Agreement free of defects.
⦁ The Supplier shall deliver the Goods to the Client within 4 business days.
⦁ The seller will fulfill the order within no more than 30 business days.
⦁ The Ordered Goods are delivered to the address specified by the Customer in the order form.
⦁ In the case of choosing InPost Sp. z o.o. based in Krakow as the Supplier, the Delivery address will be the address of the parcel locker selected by the Customer at the time of placing the order.
⦁ On the day the Goods are sent to the Customer, information confirming the order placement by the Seller is sent to the Customer's email address.
⦁ In case the Customer finds damage to the shipment with the order, the Customer has the right to request the Supplier to draw up an appropriate report.
⦁ The client, in order to receive a VAT invoice, should declare at the time of purchase that they are acquiring the Goods as an Entrepreneur (taxpayer). This declaration is made by marking the appropriate field in the order form before sending the order to the Seller.
⦁ The Seller, according to the Client's wishes, attaches the sales document to the shipment being the subject of the Delivery or sends it by email to the electronic address provided by the Client when placing a one-time order, including the delivered Goods. The sales document is delivered by email in the form of an electronic file in PDF format. To open the file, the Client should have free software compatible with the PDF format.
⦁ In the event of the Client's absence at the address provided by them when placing the order, the Supplier will attempt to redeliver the Goods on the next business day. If the Client does not collect the Goods, the Supplier returns the Goods to the Seller, who refunds the payments made by the Client.
1. Responsibility for non-conformity of the goods with the contract
⦁ The provisions of this point define the rules for submitting complaints to the Seller concerning Goods. Complaints under the liability for non-conformity of the goods with the contract may be submitted by Customers who are Consumers or Entrepreneurs with Consumer rights.
⦁ The Seller ensures the Delivery of Goods in accordance with the contract. The Seller is responsible to the Client for any non-conformity of the Goods with the contract.
⦁ If the Goods do not conform to the contract, the Customer may:
a. demand repair or replacement of the Goods;
The Seller may make an exchange when the Customer requests a repair, or the Seller may carry out a repair when the Customer requests an exchange, if bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller. If the impossibility or excessive costs apply to both repair and exchange, the Seller may refuse to bring the goods into conformity with the contract.
When assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods compliant with the contract, and the excessive inconvenience to the Customer resulting from the change in the method or refusal to bring the Goods into compliance with the contract.
The Seller shall carry out the repair or replacement of the Goods within a reasonable time from the moment the Seller was informed by the Customer about the non-compliance with the contract, and without undue inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them. The costs of repair or replacement, including in particular postage fees, transportation, labor, and materials, shall be borne by the Seller.
The client is not obliged to pay for the ordinary use of the Goods, which were subsequently exchanged.
b. make a statement about reducing the Price or withdrawing from the Sales Agreement when:
⦁ The seller refused to bring the Goods into conformity with the contract if both replacement and repair of the Goods are impossible or would require excessive costs for the Seller;
⦁ The Seller did not repair or replace the Goods within a reasonable time and without undue inconvenience to the Customer;
⦁ The goods are still non-compliant with the contract, despite the Seller's attempts to bring these goods into compliance with the contract;
⦁ the non-compliance of the Goods with the contract is significant enough to justify an immediate price reduction or withdrawal from the Sales Agreement;
⦁ it clearly follows from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
The reduced price should remain in such proportion to the Price of the Non-conforming Goods resulting from the Sales Agreement, as the value of the Non-conforming Goods is to the value of the Conforming Goods. The Customer may not withdraw from the Sales Agreement if the non-conformity of the Goods is insignificant. It is presumed that the non-conformity of the Goods is significant.
The Customer's right to withdraw from the Sales Agreement is limited to Goods that do not conform to the contract. If the non-conformity with the contract concerns only some of the Goods purchased by the Customer, they may withdraw from the Sales Agreement only with respect to the Goods that do not conform to the contract. With regard to other (remaining) Goods, the Customer may withdraw from the Sales Agreement only if it is not reasonable to expect the Customer to agree to keep only the Goods that conform to the contract.
A customer who exercises rights due to non-conformity of the Goods with the contract is obliged to make the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Customer at their own expense.
⦁ The seller is liable for non-conformity of the Goods with the contract if the non-conformity of the Goods with the contract is found before the expiry of two years from the delivery of the Goods to the Customer.
⦁ Any complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Client in writing to the Seller's address.
⦁ The seller will respond to the complaint submitted by the customer within 14 days from the date of the request containing the complaint.
⦁ The Client may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to the address reklamacje@bellezzaeurope.pl. In the complaint submission, the Client should include a description of the problem that occurred. The Seller will consider the complaint promptly, but no later than within 14 days of receiving the complaint, and provide a response to the Client.
1. Guarantee
⦁ Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or the distributor.
⦁ In the case of Goods covered by a warranty, information regarding the existence and content of the warranty is presented each time on the Store's Website.
1. Withdrawal from the Sales Agreement
⦁ A Client who is a Consumer and an Entrepreneur with Consumer rights, who has concluded a Sales Agreement, may withdraw from it within 30 days without giving any reason.
⦁ The period for withdrawal from the Sales Agreement begins at the moment the Consumer, the Entrepreneur with Consumer rights, or a third party indicated by them, other than the carrier, takes possession of the Goods, and in the case of a Sales Agreement covering Goods delivered separately, in batches, or in parts – from the moment of taking possession of the last Good, batch, or part.
⦁ The Consumer and the Entrepreneur with Consumer rights withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement may be submitted:
⦁ in writing and sent to the Seller's address: ul. Bolesława Krzywoustego 6, 81-035 Gdynia
⦁ via email: ⦁ office@forsigmamen.com
⦁ In the event of withdrawal from the Sales Agreement, it is considered not concluded.
⦁ If the Consumer and the Entrepreneur with Consumer rights has made a statement withdrawing from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
⦁ The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the statement from the Consumer and the Entrepreneur with Consumer rights about withdrawal from the Sales Agreement, refund all payments made by them, including the cost of Delivery. The Seller may withhold the refund of payments received from the Consumer and the Entrepreneur with Consumer rights until the return of the Goods is received or the Consumer and the Entrepreneur with Consumer rights provide proof of sending back the Goods, whichever event occurs first.
⦁ If the Consumer or the Entrepreneur with Consumer rights exercising the right to withdraw from the Sales Agreement has chosen a Delivery method other than the cheapest standard one, the Seller is not obliged to refund the Consumer and the Entrepreneur with Consumer rights for the additional costs incurred by them.
⦁ The Consumer or Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the deadline expires.
⦁ In the event of withdrawal from the Sales Agreement, the Consumer and the Entrepreneur with Consumer rights bear only the direct costs of returning the Goods.
⦁ The Consumer and the Entrepreneur with Consumer rights are responsible for the reduction in the value of the Goods resulting from using them in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Goods.
⦁ The seller makes the refund using the same payment method that the Consumer and the Entrepreneur with Consumer rights used, unless the Consumer and the Entrepreneur with Consumer rights have explicitly agreed to a different refund method that does not incur any costs for them.
⦁ The right to withdraw from the Sales Agreement does not apply to the Client in relation to Sales Agreements where the Goods are items delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery.
1. Warranty
⦁ The Seller guarantees the Delivery of the Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
⦁ If the Goods have a defect, the Entrepreneur may:
⦁ make a statement about reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect.
This limitation does not apply if the Goods have already been exchanged or repaired by the Seller, or if the Seller has not fulfilled the obligation to exchange the Goods for defect-free ones or to remove defects. Instead of the defect removal proposed by the Seller, the Customer may demand the exchange of the Goods for defect-free ones, or instead of exchanging the Goods, demand defect removal, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the identified defect are taken into account, as well as the inconveniences that another method of satisfaction would cause the Entrepreneur.
The entrepreneur cannot withdraw from the Sales Agreement if the defect is insignificant.
⦁ demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.
The Seller may refuse to comply with the Entrepreneur's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible method of bringing the Goods into conformity with the Sales Agreement. The Seller bears the costs of repair or replacement.
⦁ The entrepreneur who exercises rights under the warranty is obliged to deliver the defective item to the Seller's address. The cost of delivery is covered by the Seller.
⦁ The seller is liable under the warranty if a physical defect is found within two years from the delivery of the Goods to the Entrepreneur. The claim for removal of the defect or replacement of the Goods with defect-free Goods expires after one year, but this period cannot end before the deadline specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to the defect of the Goods. If the Entrepreneur requested the replacement of the Goods with defect-free Goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement on price reduction begins upon the ineffective expiry of the deadline for the replacement of the Goods or removal of the defect.
⦁ Any complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address.
⦁ The Seller shall respond to the complaint regarding the Goods or the complaint related to the execution of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the complaint request.
⦁ The Entrepreneur may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to the address reklamacje@bellezzaeurope.pl. In the complaint submission, the Entrepreneur should include a description of the problem that occurred. The Seller will consider the complaint promptly, but no later than within 14 days, and provide a response to the Entrepreneur.
1. Termination of the contract (does not apply to Sales Agreements)
Both the Client and the Seller may terminate the electronic service agreement at any time and without giving reasons.
⦁ The Client who has completed the Registration terminates the electronic service agreement by sending the Seller an appropriate declaration of intent, using any means of remote communication.
⦁ The Seller terminates the electronic service agreement by sending the Client an appropriate declaration of intent to the email address provided by the Client during registration.
1. Personal Data Protection
2. The principles of Personal Data protection are set out in the Privacy Policy.
Changes to the Regulations
1. The Seller reserves the right to make changes to the Regulations for important reasons, namely: changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
2. In the case of consumers, any changes to the content of the Store Website Regulations are communicated to them each time via email, provided that the current email address of the Customers is available.
Final Provisions
1. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); and other relevant provisions of generally applicable law.
2. This Regulation comes into effect on the day it is posted on the website and remains in force for an indefinite period.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to resolving any disputes arising from these Terms and Conditions is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may include, in particular, consumer rights advocates or Provincial Inspectorates of Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection.