§ 1. Definitions

1. Regulations - these Regulations, defining the rules for concluding distance sales contracts via the Online Store, the rules for performing these contracts, the rights and obligations of the parties to the Distance Sales Agreement, and the rules for the complaint procedure. In the scope of services provided electronically, the Regulations are, respectively, the regulations referred to in art. 8 of the Act on electronic services.
2. Customer - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, who enters into a Distance Sales Agreement with the Seller.
3. Consumer - a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
4. Individual Entrepreneur - a natural person entering into a Distance Sales Agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
5. Entrepreneur - a natural person, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
6. Seller:
   ARS BEAUTY SP.Z O.O.
   tel. +48 887 888 008,
   info@pigmentapmu.eu,
   Tax ID 1133140226,
   REGON 529179417
7. Seller's registered office address:
   Styrska 20,
   04-188 Warsaw.
8. Online Store - an internet service operated by the Seller, available at the electronic addresses: https://pigmentapmu.eu through which the Customer can obtain information about the Goods and their availability, and purchase Goods or order a service.
9. Distance Sales Agreement - a contract for the sale of Goods/contract for the provision of a Digital Service or Digital Content (if applicable), concluded via the Online Store.
10. Goods - movable property that the Customer can purchase in the Online Store.
11. Digital Service - a service allowing the Consumer to create, process, store or access data in digital form, jointly use data in digital form that has been uploaded or created by the Consumer or other users of this service; other forms of interaction using data.
12. Digital Content - data produced and delivered in digital form.
13. Online Store Privacy and Cookies Policy - a document defining the detailed rules for processing personal data and using cookies. The Privacy and Cookies Policy constitutes Appendix No. 3 to the Regulations and is available at https://pigmentapmu.eu/pages/polityka-prywatnosci
14. Durable medium - means a material or tool enabling the Customer 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 for the purposes for which this information is used and which allows the reproduction of the stored information in an unchanged form, in particular email.
15. Electronic order form - an electronic procedure for placing an order made available by the Seller to the Customer.
16. Electronic return form - an electronic procedure for making returns made available by the Seller to the Customer; available at https://www.ars-beauty.pl/pl/returns-open.html.
17. Electronic complaint form - an electronic procedure for submitting complaints made available by the Seller to the Customer; available at https://www.ars-beauty.pl/pl/rma-open.html.
18. Sending an order - approval of the order by the Customer clicking the "Order and pay" button, treated as the Customer making a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
19. Account - a collection of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and the orders placed by them and Distance Sales Agreements concluded, through which the Customer can place orders, and at the appropriate time - cancel or edit them, and conclude Distance Sales Agreements.
20. Order service opinion or opinion of individual Goods - subjective statements and ratings given in the form of stars from 1 to 5.
21. Subscription Order - an order automatically created within a Subscription.
22. Subscription - an electronic service allowing for the automatic creation of Subscription Orders for specified Goods, in accordance with the repetition selected by the Customer, without the need to place separate orders until the Subscription ends.
23. Recurring payments - payments handled within the IdoPay payment service provided by the Operator and carried out automatically, in specific cycles, used to pay for Subscription Orders based on the consent given by the Customer at the start of the Subscription (standing order of the Card holder).
24. Operator - IdoPayments sp. z o.o. with its registered office at al. Piastów 30, 71-064 Szczecin, entered into the register of entrepreneurs kept by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Division of the National Court Register under no. 0000859711, NIP: 8522666251, REGON: 387039893, with share capital: 800,000.00 PLN. Correspondence address: al. Piastów 30, 71-064 Szczecin, also referred to as: "IdoPayments" being a domestic payment institution within the meaning of art. 2 point 16 of the Act of August 19, 2011 on payment services (Journal of Laws of 2020, item 794 as amended) [hereinafter: "UUP"].
25. Card – a payment card issued within the Visa or International or Mastercard International systems, approved by the regulations of these systems for transactions without physical presence.
26. Fast shopping methods – purchases made using the Google Pay, Apple Pay or Express Checkout functionalities, allowing for finalizing purchases with one click on the product card.
27. Sales Document - fiscal receipt, VAT invoice or electronic fiscal receipt (e-receipt or e-invoice) in PDF format, delivered to the Customer's email address.

§ 2. General provisions

1. Types and scope of services provided electronically:
   concluding online sales agreements - regarding Goods sold in the Online Store, rules for registration and use of an Account within the Online Store, adding opinions, comments and ratings - the Customer may add an opinion or comment to their order, sending emails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for processing.
2. Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements for web browsers in their current version, e.g.: Firefox, Chrome, Microsoft Edge, any program for viewing files in PDF format.
3. The content published on the Online Store's pages, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
4. The Seller makes these Regulations, together with the Appendices, available via a link on the home page before, during, and after the conclusion of the Distance Sales Agreement. The Customer may download and print it.
5. To ensure the security of communication and data transmission in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures aimed at preventing unauthorized access and modification of personal data transmitted over the Internet.

§ 3. Orders

1. Placing an order in the Online Store can be done via an Account or by choosing the option to purchase without registration, in which case an internal (technical) account is created to enable the Seller to store data related to the order, based on which the Customer can create an Account. The internal account is maintained until the data is deleted from the system, the Account is blocked, or the personal data storage period specified in legal provisions expires.
2. Purchases are made by filling out the Electronic order form available on the Online Store's pages or by choosing fast shopping methods. In the case of the Electronic order form, the selection of ordered Goods is made by adding them to the cart. The Electronic order form specifies, among other things, what Goods, at what price and in what quantities the Customer wishes to order to the location indicated by them. The Customer takes appropriate technical steps based on the displayed messages.
3. After the Customer provides all necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding the Seller's identification data, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and others, if any, the chosen payment method, the chosen delivery method, time and costs of delivery.
4. If the subject of the contract is the supply of Digital Content or Digital Services that are not stored on a tangible medium or services provided electronically or remotely - the Consumer, in an additional checkbox, required to place an order and located on the Electronic order form, expresses the following consent: "I agree to the supply of digital content not stored on a tangible medium or to the commencement of service provision before the expiration of 14 days from the date of concluding the contract and acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the aforementioned consent via email.
5. To place an Order, it is necessary to provide the personal data marked as mandatory in the Electronic order form, accept the content of the Regulations, and send the order by clicking the "Order and pay" button. Sending the Electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations. The Distance Sales Agreement is deemed concluded at the moment the Seller accepts the Electronic order form, which is confirmed by displaying a message to the Customer confirming acceptance of the order and providing its number. After concluding the Distance Sales Agreement, the Customer receives an email confirmation of the placed order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Sales Agreement (Online Store Regulations together with Appendices No. 1 and 2), Seller's data, Seller's responsibility for the quality of performance, services provided by the Seller after sale, and the method and consequences of withdrawing from the contract. Information on the method and consequences of withdrawing from the contract is included in Appendix No. 1. Until the Seller begins fulfilling the order, the Customer may change their order using the technical solution available on the Electronic order form page and by going through the entire order placement process again. A change to an order occurs by placing a new order, which replaces the previously placed one. Any payment made by the Customer is settled against the new order, and in the event of an overpayment, it is refunded to the bank account from which the payment was made. The Customer may cancel their order by selecting the "cancel order" option available on the Electronic order form page. If the Customer cancels the order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method used by the Customer. The order fulfillment time is from 1 to 10 business days from the date of concluding the contract.

§ 4. Payment

1. The Online Store offers the possibility of making payments in the form of prepayments, or cash on delivery (with payment to the account after delivery). The deferred payment option is possible in situations individually agreed with the Seller.
2. Payment for the goods can be made in the manner chosen at the time of placing the order on the Electronic order form.
   
3. Currently available prepayment methods in the Online Store are available at https://www.ars-beauty.pl/pl/payments.html.
   
4. After the purchase process is completed, the Seller issues the appropriate Sales Document.

§ 5. Delivery

1. On the Electronic order form, the Customer selects the delivery method by ticking the chosen option.
2. In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales contract, after prior notification to the Customer via email provided in the purchase process to perform the contract. Withdrawal from the contract occurs by submitting a statement to the Customer in the form of an email message.
3. In the situation described in point 2, the Seller is obliged to immediately refund the payment received from the Customer for the purchased Goods.
4. Currently available delivery methods in the Online Store are available at https://www.ars-beauty.pl/pl/delivery.html.

§ 6. Withdrawal from the contract - electronic return form

1. A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sales Agreement - the agreement is considered not concluded.
2. The right to withdraw from the contract under the terms specified in paragraphs 6 and 7 of these Regulations also applies to the Individual Entrepreneur. Wherever paragraphs 6 and 7 of these Regulations refer to the Consumer, this also means the Individual Entrepreneur.
3. In the event of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.
4. The Consumer's statement must unequivocally express their will to withdraw from the contract, in particular, the Consumer may use the electronic return form available on the Online Store's website: https://www.ars-beauty.pl/pl/returns-open.html. withdraw from the contract using the withdrawal form, which is Appendix No. 2 - by sending it to the Seller's registered office address. The Seller will immediately confirm on a Durable Medium the receipt of the declaration of withdrawal from the contract submitted in the manner indicated in points 1 and 2.
5. To meet the deadline, it is sufficient to send the declaration before its expiry.
6. The period for withdrawal from the contract begins: for a contract for the performance of which the Seller delivers an item, being obliged to transfer its ownership - from the acquisition of possession of the Goods by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract that covers many items that are delivered separately, in batches or in parts - from the acquisition of possession of the last item, batch or part involves the regular delivery of items for a definite period - from the acquisition of possession of the first item for other contracts - from the date of concluding the contract.
7. The withdrawal form (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) are provided electronically.
8. In the event of withdrawal from a contract for the supply of Digital Content or a Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
9. In the event of withdrawal from the Agreement for the supply of Digital Content or Digital Service, the Consumer is obliged to cease using this Digital Content or Digital Service and making it available to third parties.

§ 7. Effects of withdrawal from the agreement

1. Within 14 days of receiving the statement of withdrawal from the sales agreement for goods, the Seller will refund to the Consumer all payments made by the Consumer, including delivery costs, corresponding to the cheapest delivery method offered by the Seller. The refund will be made using the same payment method used by the Consumer. If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be refunded using the chosen method and to the bank account provided by the Consumer. If the Seller has not proposed to collect the Goods from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the Goods back or until the Consumer provides proof of sending them back, whichever occurs first.
2. The Seller may propose to the Consumer to collect the item from them. However, if the Seller has not made such a proposal, the Consumer should return the item to the Seller (or a person authorized by the Seller to receive it) without delay, but no later than 14 days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the item back before its expiry. The goods that the Consumer returns should be sent to the Seller's registered office address. To return the Goods to the Seller, the Consumer can use the Smile.pl service.
3. The Consumer is responsible for any diminished value of the Goods resulting from their use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
4. The Consumer cannot withdraw from the agreement if the Digital Content or Digital Service is provided in exchange for payment of a price, and the non-conformity of the Digital Content or Digital Service with the agreement is insignificant.
5. The Seller may request the return of the tangible medium on which the Digital Content was delivered, within 14 days from the date of receiving the Consumer's statement of withdrawal from the agreement. The Consumer returns the medium without delay and at the Seller's expense.
6. The Seller is obliged to refund the price only for the part corresponding to the Digital Content or Digital Service that is not in conformity with the agreement, and for the Digital Content or Digital Service for which the obligation to deliver ceased due to the withdrawal from the agreement.

§ 8. Complaint

1. A complaint regarding a defect in the Goods or non-conformity of the Goods with the concluded distance sales agreement can be submitted via the Electronic Complaint Form in writing to the Seller's registered office address or by e-mail to info@pigmentapmu.eu
2. The notification should specify the defect that the Customer believes the Goods have, the demands made to the Seller, and if possible – document the said defect and provide proof of purchase of the Goods in the Online Store. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If no response is provided within the aforementioned period, the complaint is deemed accepted. The Seller provides the response to the complaint to the Customer in writing or on a Durable Medium.
3. The steps that the Customer must take to submit a complaint, including the method of delivering the advertised Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form.
4. If the Seller accepts the complaint as justified, the costs of replacement, repair, including shipping costs related to the complaint of the Goods, shall be borne by the Seller.
5. The Seller is liable to the Consumer, as well as to the individual Entrepreneur, for the non-conformity of the Goods with the distance sales agreement under the principles arising from the Act of 30.05.2014 on consumer rights. The Seller is responsible for the non-conformity of the Goods with the distance sales agreement existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the Goods, specified by the Seller, is longer. The Seller shall repair or replace the Goods within 14 days from the date of accepting the complaint. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at their own expense.
6. The Seller is obliged to deliver Goods free from defects and is liable to the Entrepreneur for defects in the purchased Goods on the terms specified in the civil code.
7. The delivery of Digital Content or Digital Service to the Consumer or individual Entrepreneur is carried out on the principles resulting from the Act of 30.05.2014 on consumer rights. Digital Content is considered delivered when the Digital Content or the means that allows access to or download of the Digital Content has been made available to the Consumer or a physical or virtual device that the Consumer has chosen independently for this purpose, or when the Consumer or such a device has gained access to it. The Digital Service is considered delivered when the Consumer or a physical or virtual device that the Consumer has chosen independently for this purpose has gained access to it. The Seller shall bring the Digital Content or Digital Service into conformity with the agreement within 21 days from the moment the Seller was informed by the Consumer of the lack of conformity with the agreement, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.

§ 9. Reviews

1. A review regarding order service or a review regarding the Goods can be posted during a visit to the Online Store by clicking on the interface located next to the Goods or by clicking on a link located in an e-mail message. Adding a Review is voluntary and free of charge. Within one order - the Customer can only add the aforementioned Review once.
2. Within the aforementioned Reviews, the Customer can assign a star rating from 1 to 5 and add a verbal comment limited to 65535 characters.
3. Ratings are stored and publicly displayed on the Online Store website, as well as on the websites https://zaufaneopinie.smile.pl and https://trustedreviews.smile.pl.
4. The Seller verifies Reviews using the e-mail address that was used in the purchase process of a given Product. A Review posted by a person using an e-mail address that was used in the purchase process is marked on the Store's website as "purchase-confirmed review". Any other Review is marked as "purchase-unconfirmed review".
5. The Seller may publish Reviews regarding a given Product from its other online stores.
6. The Seller does not change the content of Reviews or the stars awarded.
7. The Customer solely and independently bears responsibility for the statement made in the Review. The Seller is entitled to remove a Review on the terms resulting from legal provisions and these Regulations.
8. It is unacceptable to post content containing false, misleading, vulgar, aggressive, offensive information or content that is clearly considered inconsistent with good manners. It is also unacceptable to post content that is unlawful, infringes the rights of third parties, or constitutes an act of unfair competition.
9. The Customer undertakes not to post content that contains links to external websites, which are promotional or advertising in nature, or contain personal data of third parties.
10. At the express request of the Customer, the content of the Review may be hidden from other users of the Store, but the assigned star rating is included in the overall rating of the Store and the Product.

§ 10. Intellectual property

1. The Client declares that they do not have any rights, including copyright or related rights, to the Ratings and statements posted by them, other than the right to use the Online Store in the manner specified in the Regulations. The Client is not entitled to any recording, reproduction, sharing, public disclosure or distribution of content, unless such right results from legal provisions or the Regulations.
2. The Client is not entitled to any interference with the content, in particular, they are not entitled to interfere with the content, structure, form, graphics, operating mechanism or other elements of the Online Store.
3. By posting Reviews in the online store that constitute works within the meaning of the Act of 4.2.1994 on copyright and related rights, the Client grants the Seller a non-exclusive, free of charge, and unlimited in time and territory license to use these works, including the right to grant sublicenses, which includes public dissemination of the work in such a way that everyone can access it at a place and time of their choosing (Internet). The license is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:in the scope of recording and multiplying the work by any technique - in particular by printing, reprographic, magnetic recording, digital technique, i.e., using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer hard drives, in a multimedia network, including the Internet and related online services, and multiplying, recording, using in the Internet, advertising, multiplying the record in electronic form in computer memory and in internal and external networks,using all or fragments or any elements of the work with the possibility of modification resulting from the nature of the given Internet medium - in all publications, in particular online, digital, in newsletters and information, independently or in combination with other works or fragments of works; using in whole or in part for promotional and advertising purposes, in particular in the form of audiovisual, audio, media advertising.in the scope of trading the original or copies on which the work was recorded - introduction into circulation, lending, renting the original or copies,in the scope of disseminating the work in a manner other than that specified above - public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as public dissemination of the work in such a way that everyone can access it at a place and time of their choosing,use of works for promotional and marketing purposes;
4. Deletion of an Account by the Client or a Review in accordance with Chapter 9, point 8 does not affect the validity of the above license.

§ 11. Rules for subscription sales

1. The electronic service in the form of a Subscription may be provided by the Seller to the Client.
2. Using the Subscription allows for cyclical delivery of selected Goods, at intervals specified by the Client, without the need to place subsequent orders until the Subscription ends. Payment for the Subscription is made exclusively using the Recurring Payment mechanism and only via one Card.
3. Unlinking the Card from the Subscription results in the termination of the Subscription.
4. Transactions within Recurring Payments will be processed only after prior registration of the Cardholder on the Operator's website (or an entity through which the Operator handles Transactions). The registration will aim to verify that the Client placing the Recurring Payment is the authorized holder of the Card that will be charged. Before registering the Card on the transaction page, the Client is obliged to give consent for regular fee collection by activating the Recurring Payments service. The consent is stored on the Operator's website.
5. The Client creates a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of Subscription creation is sent immediately to the Client's e-mail address, provided when placing the first Subscription Order.
6. The Client manages the Subscription through their Account using the available options.
7. The Subscription is for an indefinite period.
8. The Seller sends an e-mail to the Client about the creation of a Subscription Order, specifying its subject, quantity, price, fulfillment date, and the date of planned withdrawal of funds from the Card - no later than 3 days before the withdrawal of funds from the Card.
9. The Client can terminate the Subscription at any time. Termination of the Subscription by the Client is equivalent to withdrawing consent for subsequent charges within Recurring Payments. In this situation, the next Subscription Order will not be created.
   a). The Subscription is terminated by the Client selecting the "End subscription" option in the settings of the given Subscription, which are available after the Client logs in from their Account.
   b). The Client can also terminate the Subscription by e-mail contact with store support info@pigmentapmu.eu
10. The Seller may decide to cease offering Subscriptions.
11. Changes to the Subscription, including changes to the Subscription price, are introduced only with the Client's prior, explicit consent.
12. If an attempt to charge the Card fails, the Client will be informed by e-mail about the inability to collect payment. Possible reasons for failure to collect payment include: insufficient funds on the Card, Card expiration, or technical problems.
13. The inability to withdraw funds from the Card results in the cancellation of the Subscription Order.
14. The Subscription Order will be fulfilled only after successful collection of funds from the Card.

§ 12. Final provisions

1. These Terms of Use are effective from 2026.04.03.
2. In the event of amendment or invalidation of any of the provisions of these Regulations by a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Client.
3. The Seller reserves the right to amend these Regulations. All agreements concluded before the effective date of the new regulations shall be executed on the basis of the regulations in force on the date of concluding the agreement.
4. The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A Client who is a Consumer may also use out-of-court complaint and claim resolution methods. All information regarding out-of-court complaint and claim resolution methods can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform you that the indicated proceedings are voluntary and both parties must agree to them.

§ 13. Appendix 1 - Information on exercising the right of withdrawal from the contract

1. The right to withdraw from the contract under the following terms applies to the Consumer and individual Entrepreneur.
   You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days:in the case of a sales contract, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods in the case of a contract obliging to transfer ownership of many items that are delivered separately, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item in the case of a contract obliging to transfer ownership of items delivered in batches or parts, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last batch or part in the case of contracts for regular delivery of goods for a fixed period, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first item in the case of contracts whose subject is the provision of services or digital content that are not supplied on a tangible medium - from the day of concluding the contract.

§ 14. Appendix 2 - Sample withdrawal form