I. INFORMATION ABOUT THE ENTREPRENEUR
1. These Regulations define the general conditions and rules of using the online store located at: www.esotiq.com, hereinafter the ESOTIQ Online Store, by entities, including consumers, purchasing Goods via the ESOTIQ Online Store.
2. The ESOTIQ Online Store, operating at www.esotiq.com/lv /lt/ee , is run by: SIA MONA OK based in Riga, address: Laidzes iela 10, LV-1002, a company entered into the Register of Entrepreneurs of the National Court Register by the Latvian Registration Register under the number NR. C31628 with registration number LV40103140642, 04.01.1994 . Share capital EUR 2 840,00 paid up in full.
The phrases used in the Regulations mean:
1. Esotiq – SIA MONA OK based in Riga, address: Laidzes iela 10, LV-1002, entered into the Register of Entrepreneurs of the National Court Register by the Latvian Registration Register under the number NR. C31628 with registration number LV40103140642, 04.01.1994 . Share capital EUR 2 840,00 paid up in full.
2. Online Store - an organized IT platform for the presentation and sale of Goods operated by Esotiq, via the website www.esotiq.com.
3. Customer - an entity, including a consumer, purchasing Goods via the Online Store.
4. Goods - a product presented as intended for sale in the Online Store.
5. Regulations - these Regulations.
6. Order - an offer for the purchase of a specifically marked Good for the price shown in the Online Store, sent by the Customer to Esotiq, in accordance with the Regulations.
7. Customer Account - Customer's personal data along with data on current transactions, status of the currently placed order, saved in the Esotiq IT system, access to which is protected with a login and password created by the Customer during registration.
III. GENERAL PROVISIONS
1. ESOTIQ, via the Online Store, presents the marked Goods together with the unit price of each of them.
2. Information about the Goods intended for sale placed in the Online Store does not constitute an offer within the meaning of Art. 66 §1 of the Civil Code, but the price list and an invitation to place an Order by the Consumer in accordance with the unit price of the Goods and the terms of the Regulations.
3. The sale and delivery of Goods through the Online Store covers the territory of the Republic of Latvia, Lithuania and Estonia.
4. The condition for using the Online Store is to read and accept these Regulations.
5. Upon receiving the Order, Esotiq acts in confidence that:
a. The customer has the required legal capacity to perform a legal transaction;
b. the data and information provided by the Customer to Esotiq are true;
c. The customer has read and accepted these Regulations;
6. Customers may contact the Online Store at the following e-mail address: firstname.lastname@example.org
1. Each Product presented for sale via the Online Store contains an exemplary photo characteristic of its type and, in the appropriate tab, information about its properties, i.e. colors and materials from which it was made, sizes, a specific signature of the Good.
2. Each Product presented for sale in the Online Store is the property of ESOTIQ, is brand new, free from physical and legal defects, and admitted to trading in the territory of the Republic of Poland.
3. The goods presented in the photos in the Online Store are an example of a generically identical product and are presented as closely as possible to their actual appearance. The photos reflect the colors and appearance of the Goods as accurately as possible. Due to individual settings or parameters of the user's monitor, there may be slight differences between the photo and the actual color of the Goods.
V. ACCEPTANCE AND SUBMISSION OF ORDERS
1. Orders in the Online Store can be placed 24 hours a day, 7 days a week only via the website www.esotiq.com.
2. Making a purchase in the Online Store does not require the creation of a Customer Account, but it is required to provide basic data enabling contact and shipment of the Goods.
3. Placing an Order in the Online Store requires going through its various stages. The Customer, wishing to place an Order, selects from the available Goods its type, model, color, size, quantity, at the price indicated on the Website. The selection is made through dialog boxes on the Online Store website, in accordance with their functionality, including by clicking the "add to cart" icon. The customer also chooses the method of payment. After selecting the Goods, providing the required data and the method of payment, the Customer by pressing
"CONFIRM PURCHASE" sends the Order to Esotiq. Sending a correctly completed Order is tantamount to submitting to Esotiq an offer to buy the selected Goods in accordance with the Esotiq price list and covering the costs of its delivery.
4. After placing the Order, the Customer will receive, via e-mail to the address provided by him, feedback containing the acceptance of the Order indicating the quantity, type and value of the Order and a unique Order number. The e-mail received by the Customer is also a confirmation that the offer to purchase the Goods was submitted correctly, reached the ESOTIQ Online Store and was accepted in accordance with the Regulations, and therefore the sale contract was concluded. Information about the acceptance of the offer by Esotiq will contain confirmation of the conclusion of the contract, including the name of the seller with his address, date of sale, specification of the Goods, their quantity, price and delivery costs.
5. At each stage of placing an Order, until it is sent, it can be canceled by interrupting the ordering process by removing previously added goods from the basket.
6. The necessary condition for the implementation of the sales contract via the Online Store is the provision of the correct ordering entity, address for delivery of the Goods, telephone number and e-mail address. In the event of defective data, the ESOTIQ store reserves the right to contact the customer.
7. The price lists of Goods on the website of the Online Store are variable. Binding for the Customer and Esotiq is the price of the Goods in accordance with the price list at the time the Customer places the Order.
8. The maximum value of the Goods covered by one Order payable on delivery cannot exceed EUR 600 (six hundred euro).
VI. PRICES OF GOODS AND DELIVERY COSTS
1. The price for each Product presented in the Online Store is given in Euro and includes VAT, but does not include delivery costs.
2. Information on the total value of the order, including delivery costs, is presented in the Cart after the Customer selects the payment method.
3. A detailed price list of delivery costs can be found at: https://esotiq.com/lv/lv/piegades-izmaksas
4. The changes to the prices of the Goods in the Online Store will not affect the Order placed by the Customer and accepted by Esotiq.
5. Promotions in the ESOTIQ Store cannot be combined, unless the regulations of a given promotion state otherwise.
VII. FORMS OF PAYMENT
The Online Store customer may choose the following payment methods for the ordered Goods:
1. BY PAYMENT CARD (including credit card) or ELECTRONIC TRANSFER. In such a situation, the Customer will be redirected to the LUMINOR.lv website, belonging to – Luminor Bank AS, reg. No 11315936, address: Liivalaia 45, 10145, Tallinn, Republic of Estonia, (Luminor Estonia) which is represented: within the Republic of Latvia by Luminor Bank AS Latvian branch, reg. No 40203154352, address: Skanstes iela 12, LV1013, Riga, Republic of Latvia (Latvian Branch) within the Republic of Lithuania by Luminor Bank AS Lithuanian branch, company code 304870069, address: Konstitucijos ave. 21A, 03601 Vilnius, Republic of Lithuania (Lithuanian Branch)
2. A payment card through the Luminor bank online payment system. The order is processed after the payment is authorized in the operator's system. Transaction security is ensured by PCI DSS, Mastercard ID check and verified by VISA.
3. PAYMENT ON COLLECTION: the payment for the Goods is made upon receipt of the parcel - payment in cash is transferred to the courier against receipt. This form of payment is only possible if you choose delivery by DPD courier.
4. The Customer cannot combine different payment methods in one Order.
5. The order will be incorrectly placed and the Sales Agreement will not be concluded in each case when:
a. The customer has chosen to pay the amount due Luminor.lv, and the transaction has not been authorized (accepted);
b. The Customer has chosen to pay by bank transfer and the amount due has not been received by the Esotiq account within 7 days from the date of placing the Order by the Customer;
c. The customer chose payment on delivery and did not pay the amount due to the courier on delivery;
d. The customer provided false contact details that prevented the proper implementation of services.
VIII. TIME OF ORDER COMPLETION AND DELIVERY
1. All accepted Orders are delivered to the Customer by the DPD courier company or Omniva Courier company.
2. For each Product, in accordance with the functionality of the Online Store, the maximum time of order fulfillment by the Online Store is given, and the given time covers days from Monday to Friday. The order fulfillment time varies depending on the selected payment method. The deadline for the implementation of the Order begins:
a. in the case of payment by PAYMENT CARD or ELECTRONIC TRANSFER - upon receipt by the ESOTIQ store of the Customer's payment authorization in the – Luminor Bank AS system;
b. in the case of choosing the payment method ON COLLECTION - at the time of sending the e-mail referred to in chapter V, point 4 of the Regulations;
c. in the case of choosing the method of payment by REGULAR TRANSFER - when the payment for the Order is credited to the ESOTIQ account.
3. Until the order is completed by the Online Store, 1 day should be added for the delivery of the Goods.
4. All customers will be informed via e-mail about the current status of the order. In addition, customers who have a Customer Account, information about the order can be found in the tab MY ACCOUNT-your orders on the website www.esotiq.com.
5. By default, the address indicated by the Customer during registration in the store is assumed as the delivery address.
6. When placing an Order, the Customer is entitled to indicate one of the Esotiq stores in Poland as the place of receipt of the Goods, but only and only if he did not choose payment on delivery as a form of payment for the ordered Goods (receipt of goods at the Esotiq store is possible only at in case of choosing the following payment methods: payment card, electronic transfer, ordinary transfer). If you choose to collect the goods at the ESOTIQ showroom, the customer will not be charged with the costs of delivering the goods to the showroom, however, the customer is obliged to go to the Esotiq showroom to collect the goods personally at his own expense. The list of current ESOTIQ stores, where you can pick up the Goods, can be found at https://www.esotiq.com/ salons When placing the Order (in the case of selecting the option of delivering the Goods to the ESOTIQ showroom). The customer is obliged to choose the Esotiq store where he wants to collect the Goods, and the system will prevent the Order from being placed with the option of choosing delivery to the salon in the event that the customer did not choose a specific salon as the place of delivery. After selecting the showroom to which the Goods are to be delivered, the Customer will not be able to change the method of delivery of the Goods or change the showroom to which the Goods are to be delivered, unless they cover the additional costs of shipping the Goods to another place. If you choose to collect the Goods at the showroom, the Customer - to confirm his identity - is obliged to show the seller (or another person issuing the Goods) the Order number and provide the e-mail address used in the purchase process. The Customer acknowledges receipt of the Goods by signing the Goods Receipt Protocol or another document confirming the receipt of the Goods. The Seller (or another person issuing the Goods) will not release the Goods to a person whose data does not match the data of the customer who made the Order.
7. If the Customer receives the Goods in damaged packaging, it is recommended to describe this fact when collecting the parcel from the courier and report it to an ESOTIQ employee via e-mail to the following address: email@example.com. This section of the Regulations does not apply to sales with the option of collection at an Esotiq store - in this case, the Customer is obliged to familiarize himself with the Goods by collecting the Goods at an Esotiq store, and the receipt of the Goods by the Customer from the store is tantamount to the Customer's confirmation that the packaging and the Goods were not damaged. (that they had no obvious defects).
8. In the event of unforeseen situations, Esotiq will inform the Customer about the problem and the method of its solution to the e-mail address provided in the Order.
1. Esotiq is responsible for physical and legal defects of the Goods in accordance with applicable regulations, including the Act of 23 April 1964. Civil Code (Journal of Laws of 2014, item 121) and the Act of May 30, 2014. on consumer rights (Journal of Laws of June 24, 2014, item 827).
2. In particular, Esotiq is responsible for physical defects of the Goods existing at the time the danger passed on to the Customer or resulting from the cause inherent in the Goods sold at the same time, consisting in the non-compliance of the Goods with the contract.
3. The customer may use extrajudicial means of dealing with complaints and redress. In order to take advantage of the possibility of amicable settlement of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/
4. When submitting a complaint, the customer has the option of using the complaint form (click here).
5. In the event of a Complaint, Esotiq recommends returning the Goods in their original packaging, with the original proof of purchase and a description of the complaint attached, to the address SIA Mona Ok, Laidzes iela 10, LV-1002, Riga, Latvia with the annotation "ESOTIQ COMPLAINT".
6. Instead of sending the advertised Goods to the address provided in the preceding sentence, the Customer may choose to return the Goods to the Esotiq store in Latvia. If this option is chosen, the Goods under complaint are delivered by the Customer to ESOTIQ store in Latvia – Riga, t/c Domina Esotiq shop. It is recommended to attach the original proof of purchase and a description of the complaint.
7. The ESOTIQ store will consider complaints within 14 days from the date of receipt of the complaint.
8. If the complaint is accepted, the defective goods will be, at the will of the Consumer, repaired or replaced with another, full-value goods, and if it is no longer possible (for example due to the exhaustion of goods stocks) or would require excessive costs, then ESOTIQ in agreement with the Customer, will return to the Customer the equivalent of the price of the Goods or reduce the price, or, with the Customer's consent, will offer other goods available in the ESOTIQ Store to choose from.
9. If the sale is made to the Customer as part of a transaction that does not meet the definition of consumer sale within the meaning of the Acts specified in par. 1 above, the complaint is considered in accordance with the relevant provisions of the Civil Code. In this case, the special provisions on consumer protection do not apply.
10. Questions and notifications regarding complaints should be sent to the e-mail address: firstname.lastname@example.org
11. Complaints regarding the provision of electronic services (eg problems with account registration) should be reported to the address email@example.com
X. WITHDRAWAL FROM THE CONTRACT
1. Pursuant to Art. 27. The Act of May 30, 2014. on consumer rights (Journal of Laws of June 24, 2014, item 827), the Customer who is a consumer concluding a distance contract has the right to withdraw from the contract without giving reasons, within 14 days from the date of receipt of the Goods and immediately return the purchased Goods that are unchanged. The declaration of withdrawal should be sent to Esotiq to the address firstname.lastname@example.org.
2. The customer who wants to withdraw from the contract has the right to use the following (CLICK) form of the declaration of withdrawal from the contract.
3. In the event of withdrawal from the contract, the Customer shall not bear any costs, except for the costs of returning the Goods to the Online Store and the costs of delivering the Goods to the Esotiq showroom (in the case of choosing the return option to the Esotiq showroom).
4. The Customer is obliged to immediately, no later than within 30 days from the date of receipt of the order, return the Goods, preferably together with a copy of the declaration of withdrawal, to the address SIA Mona Ok, Laidzes iela 10, LV-1002, Riga, Latvia with the note "RETURN to ESOTIQ". The Customer may also deliver the Goods to any ESOTIQ store in Poland within the above period, together with his declaration of withdrawal from the Agreement and the Internet Order number as well as the e-mail address from which the order was made during the purchase process. If the customer does not have his own withdrawal form, the salon staff will provide a free withdrawal form to be filled in by the customer in the presence of the seller.
5. Exceeding the 30-day deadline for withdrawing from the contract will be the basis for not considering the withdrawal from the contract.
6. The reimbursement of the price, if paid, will be made in the manner specified in Chapter XI of the Regulations ("Customer reimbursement").
XI. RETURN TO CUSTOMERS
1. The ESOTIQ store will immediately refund the amount due in the event of:
a.cancellation of the Order or part of the Order (in this case, the entire or part of the value of the Order shall be refunded, respectively) paid in advance before its implementation;
b. returning the product as a result of withdrawal from the contract;
c. accepting the complaint and inability to repair the damaged product or replace it with a new one and no further arrangements.
2. ESOTIQ shall refund the payment using the same method of payment that was used by the Customer when purchasing the goods, unless the Customer expressly agreed to a different method of return, which does not involve any costs for him.
3. The ESOTIQ store will refund the payment in accordance with the deadlines resulting from the mandatory provisions of law.
XII. PERSONAL DATA
1. By placing an Order in the Online Store (at the time of accepting these Regulations), the Customer agrees to place his personal data in the ESOTIQ customer database and to process them for the purposes of the contract. Providing personal data by the Customer is voluntary, but the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.
2. Customers of the ESOTIQ store and other users of the website www.esotiq.com have the option, voluntarily, to consent to receive commercial information from the ESOTIQ Store within the meaning of the Act of 18 July 2002 on the provision of services by e-mail. electronic (Journal of Laws 02.144.1204 as amended).
3. Personal data obtained via the website www.esotiq.com are protected in accordance with the Act of May 10, 2018 on the protection of personal data, and in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as "GDPR", in a way that prevents access by third parties. The administrator of personal data is SIA MONA OK based in Riga, address: Laidzes iela 10, LV-1002, Riga, Latvia. Customers have the right to access and amend their personal data and to delete them. The data will be used for purposes in accordance with the consent given by the Customer, i.e. to perform the Order, and in the case of consent to receive commercial information, to send such information.
4. If the Customer selects payment via the system:
a) – Luminor Bank AS, its personal data is transferred to the extent necessary for the payment to be made to the company: Luminor Bank AS, reg. No 11315936, address: Liivalaia 45, 10145, Tallinn, Republic of Estonia, (Luminor Estonia) which is represented: within the Republic of Latvia by Luminor Bank AS Latvian branch, reg. No 40203154352, address: Skanstes iela 12, LV1013, Riga, Republic of Latvia (Latvian Branch); within the Republic of Lithuania by Luminor Bank AS Lithuanian branch, company code 304870069, address: Konstitucijos ave. 21A, 03601 Vilnius, Republic of Lithuania (Lithuanian Branch). Luminor Bank AS, with registration number 40203154352, 06.07.2018.
b) A payment card through the First Data online payment system. The order is processed after the payment is authorized in the operator's system. Transaction security is ensured by PCI DSS, SSL and 3D Secure technologies.
5. After the Customer selects the Goods that he wants to purchase through the Esotiq Online Store, the IT system supporting the Online Store will provide the Customer with information on the protection of personal data in accordance with Annex 1 to these Regulations, and the content of these Regulations. If the Customer accepts the content of these Regulations and agrees to the processing of his personal data for the purposes of the Goods ordering process, then the Customer selects (by clicking) the first and second square of the "Esotiq Online Store Customer's declaration" form with the content indicated in attachment number 1 to these Regulations. Marking both of the above squares is voluntary, and the lack of acceptance of the Regulations or the lack of consent to the processing of personal data is treated as a resignation from the order (there is no conclusion of a sales contract or order fulfillment). Only after the Customer has selected the acceptance form of the Regulations and the consent form for the processing of personal data - the system supporting the Online Store will ask the Customer to provide personal data necessary to conclude a sales contract and perform the order. The customer also has the option of selecting the third square (consent to receive commercial information by electronic means), however, selecting this consent is voluntary, and failure to select this form does not prevent the order from being processed.
6. The Customer also has the option of creating a Customer Account, ie providing the Customer's personal data, which will be automatically saved in the Esotiq IT system, along with data on previous transactions, and the status of the currently placed order. Access to the Customer Account is protected by the login and password created by the Customer during the registration process. Creating a Customer Account is associated with no need to complete the Customer's data with each attempt to place an order (the system will automatically download the Customer saved in the Customer's Account), however, it involves providing the Customer's data, which will be saved in the ESOTIQ IT system. Providing the data used to set up a Customer Account is voluntary, and setting up a Customer Account is possible only after the Customer accepts (electronically) the first and second square of the "Esotiq Online Store Customer's declaration" form with the content indicated in Annex 1 to these Regulations. Checking both of the above squares is voluntary, and the lack of acceptance of the Regulations or the lack of consent to the processing of personal data is treated as resignation from the creation of a Customer Account. Only after the Customer has selected the acceptance form of the Regulations and the consent form for the processing of personal data - the system supporting the Online Store will allow the creation of a Customer Account. The customer also has the option of selecting the third square (consent to receive commercial information by electronic means), however, selecting this consent is voluntary, and failure to select this form does not prevent the registration of the Customer Account.
XIII. FINAL PROVISIONS
1. The sales contract is concluded between the Customer and Esotiq in Latvia and is subject to Latvian law. Consolidation, security and disclosure of essential provisions of the concluded contract takes place by providing the customer with the acceptance of the order in the form of an e-mail and a VAT invoice sent with the Goods, which includes all the elements required by tax regulations, including the details of the seller and the buyer, Goods, price, quantity the purchased Goods. Acceptance of these regulations by the Customer who is also a consumer is tantamount to submitting a request for an invoice documenting the sale.
2. In order to use the services of the Store, the Customer is obliged to access the Internet and use devices on his own, together with the software necessary to display websites.
3. These Regulations do not limit the rights granted to consumers by the legislation in force in the territory of the Republic of Latvia.
4. All rights to photos and videos posted on the website www.esotiq.com are owned by ESOTIQ. It is forbidden to use them in any field of exploitation.
5. The Regulations are valid from May 25, 2018. In the case of an order placed before the date indicated in the preceding sentence, the Regulations available at the link: https://monaok.com/privacy-policy
6. Annex to the Regulations of the Online Store - see