Terms and Conditions

GENERAL PROVISIONS

The website www.paletteofsenses.com operates in accordance with the provisions set forth in this Terms and Conditions document.
This document establishes the terms and conditions for concluding and terminating Sales Contracts for Products, the procedure for handling complaints, and the types and scope of electronic services provided by the store www.paletteofsenses.com, as well as the principles for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
Each Service User, by taking actions aimed at using the Electronic Services of the store www.paletteofsenses.com, is obligated to comply with the provisions of these Terms and Conditions.
In matters not regulated in these Terms and Conditions, the following Polish laws shall apply:

  • Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),
  • Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827),
  • Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016 (Journal of Laws 2016, item 1823),
  • Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

§2 DEFINITIONS IN THE TERMS AND CONDITIONS

  • REGISTRATION FORM – A form available on the website www.paletteofsenses.com that enables the creation of an Account.
  • ORDER FORM – A form available on the website www.paletteofsenses.com that enables the placement of an Order.
  • CLIENT – A Service User who is a Consumer intending to conclude or has concluded a Sales Agreement with the Seller.
  • CONSUMER – A natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.
  • ACCOUNT – A collection of resources in the Service Provider’s IT system designated by an individual name (login) and password, where the User's data, including information on placed Orders, is stored.
  • NEWSLETTER – An Electronic Service that allows the Service User to subscribe and receive free information from the Service Provider about the Products available in the Store sent to the User's provided email address.
  • PRODUCT – A movable item or service available in the Store that is the subject of a Sales Agreement between the Client and the Seller.
  • TERMS AND CONDITIONS – These terms and conditions of the Store.
  • STORE – The online store operated by the Service Provider at www.paletteofsenses.com.
  • SELLER, SERVICE PROVIDER – NAIO Alicja Izabela Owczarek, located at Dmosin Drugim 89B, 95-061 Dmosin, Poland, registered in the Central Register and Information on Business Activity. NIP: 8331406349, REGON: 522878951, email: contact@paletteofsenses.com.
  • RATING SYSTEM – An Electronic Service provided to Clients by the Service Provider allowing them to leave reviews regarding the course and execution of transactions.
  • SALES AGREEMENT – The Sales Agreement for the Product concluded between the Client and the Seller via the Store.
  • ELECTRONIC SERVICE – A service provided electronically by the Service Provider to the Service User via the Store.
  • SERVICE USER – A natural person, legal entity, or organizational unit without legal personality to whom the law grants legal capacity, using the Electronic Service.
  • ORDER – The Client's declaration of intent to conclude a Sales Agreement for a Product with the Seller.
  • LOYALTY PROGRAM – A loyalty program offered by the Seller. The program’s Terms and Conditions are available in the Loyalty Program Regulations section.

§3 INFORMATION ABOUT PRODUCTS AND ORDERING

The store www.paletteofsenses.com operates retail sales of Products via the Internet within Poland and the European Union, exclusively for Consumers.
The Products offered in the Store are new, free from physical and legal defects, and have been legally placed on the Polish market.
The information found on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Client is making an offer to purchase a specific Product under the conditions stated in its description.
The Product price displayed on the Store's website is given in Polish Zloty (PLN), Euros (EUR), US Dollars (USD), and British Pounds (GBP) and includes all components, including VAT. The price does not include delivery costs.
The Product price displayed on the Store’s website is binding at the moment the Client places the Order. This price will not change regardless of subsequent price changes in the Store regarding specific Products after the Client places an Order.
Orders can be placed through the website via the Order Form (www.paletteofsenses.com) – 24 hours a day, year-round.
To place an Order, the Client is not required to register an Account in the Store.
Placing an Order in the Store requires the Client to read and accept these Terms and Conditions at the time of placing the Order.
The Store processes Orders placed from Monday to Friday during the Store's business hours, i.e., from 08:00 to 20:00 on business days. Orders placed on business days after 10:00, on Saturdays, Sundays, and holidays may be processed the next business day.
Products in promotion or clearance have a limited quantity, and Orders for them will be processed in the order they are received until the stock runs out.

§4 CONCLUSION OF A SALES AGREEMENT

To conclude a Sales Agreement, the Client must first place an Order through the methods provided by the Seller, in accordance with § 3, points 6 and 8.
After placing the Order, the Seller immediately confirms its receipt.
The confirmation of the Order’s acceptance for execution binds the Client to the Order. The confirmation of receipt and acceptance of the Order for execution occurs via email.
The confirmation of the Order’s acceptance for execution includes:

  • Confirmation of all essential elements of the Order,
  • These Terms and Conditions, including information about the right to withdraw from the contract.

Upon receiving the email referred to in point 4, the Sales Agreement is concluded between the Client and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice or receipt), which will be included with the shipment.

§5 PAYMENT METHODS

The Seller offers the following payment methods:

  • Payment via traditional bank transfer to the Seller's bank account,
  • Payment via electronic payment services (the online payment service providers are InPost Pay and Przelewy24).
  • Payment via credit cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro (the online payment service provider is Stripe).

In the case of a refund for a transaction made by the Client using a credit card, the funds will be returned to the account linked to the Client's card.
In the case of payment by traditional bank transfer, the Client must pay before the execution of the Order begins. Payments should be made to the bank account number: 25 1240 1545 1111 0011 1784 4655 (Bank Pekao S.A.) NAIO Alicja Izabela Owczarek. IBAN: PL25 1240 1545 1111 0011 1784 4655, BIC/SWIFT: PKOPPLPW. In the transfer title, the Order number should be indicated.
In the case of payment via electronic payment services, the Client must pay before the execution of the Order begins. Electronic payment services allow payment by credit card or a quick transfer from selected Polish banks.
The Client is required to make payment for the Sales Agreement before the execution of the Order begins.
In the case of payment by bank transfer or credit card, the Order will be shipped only after it has been paid for.
If the Client chooses one of the payment methods described in point 1, the time for order fulfillment is counted from the day the funds are received in the Seller's bank account or settlement account.

§6 DELIVERY COST, TIME, AND METHODS

The delivery costs for the Product are determined during the Order process and are dependent on the selected payment method and delivery method for the purchased Product.
In the case of payment by bank transfer or credit card, the order fulfillment time is calculated from the day the funds are credited to the Seller's bank account or settlement account.
The delivery time for the Product consists of the product preparation time and the delivery time by the carrier:

  • The product preparation time is from 1 to 3 business days.
  • The delivery of the Product by the carrier occurs within the timeframe declared by the carrier.

Purchased Products are shipped via a courier service (Inpost and Poczta Polska).

§7 PRODUCT COMPLAINTS

Complaint under warranty.

The basis and scope of the Seller's responsibility towards the Consumer Client under the warranty for physical and legal defects are defined in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Notifications of defects regarding the Product and submission of the appropriate claim can be made via email to: contact@paletteofsenses.com immediately upon noticing the defect, within 6 months of purchasing the product.
In the notification, the Client should provide as much information and details as possible about the complaint, especially the type and date of the issue, as well as contact details. This information will significantly facilitate and speed up the complaint resolution process.
To assess the physical defects of the Product, it should be delivered to the following address: Tuszyńska 155, 93-312 Łódź, Poland. The Seller will respond to the Client's request promptly, but no later than within 14 days of the notification.
In the case of a complaint from a Consumer Client, failure to resolve the complaint within 14 days from the notification is considered as acceptance of the complaint.
In the case of a justified complaint from a Consumer Client, the Seller will cover the costs of collection, delivery, and replacement of the defective Product.
The response to the complaint will be sent to the Consumer via email.

§8 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

Subject to Section 10 of this paragraph, a Client who is also a Consumer and has entered into a distance contract may withdraw from it without giving a reason by submitting a relevant declaration within 14 days. To meet this deadline, it is sufficient to send the withdrawal form provided by the Store, which is available in the menu at the bottom of the main page of the Store's website.

In the event of withdrawal from the agreement, the Sales Agreement is considered as not concluded, and the Consumer is obliged to return the Product to the Seller or deliver it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before it expires.

In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Tuszyńska 155, 93-312 Łódź, Poland.

The Consumer is responsible for any reduction in the value of the Product resulting from using it in a way that exceeds what is necessary to establish the nature, characteristics, and functioning of the Product. Please do not open sealed boxes, especially for personal hygiene and sanitary products (e.g., menstrual panties, condoms). If the seal is broken, the complaint may not be accepted. Additionally, please do NOT try on panties on bare skin, do not cut tags, or remove protective films from any product unless you are sure you want to keep it. Any products that come into contact with the consumer’s skin (e.g., vibrators) cannot be returned for hygiene and sanitary reasons unless this contact was necessary to identify defects (e.g., a malfunctioning motor).

Subject to Sections 4, 6, and 8 of this paragraph, the Seller will refund all payments made by the Consumer in connection with the Sales Agreement from which the Consumer withdraws without delay, no later than 14 days from the date of receiving the Consumer’s withdrawal statement, using the same payment method the Consumer used unless the Consumer has expressly agreed to another method of refund that does not involve additional costs for them.

If the Consumer chose a delivery method for the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the refund of the payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, whichever occurs first.

A Consumer withdrawing from the Sales Agreement, as per Section 1 of this paragraph, will only bear the costs of returning the Product to the Seller.

The 14-day period within which the Consumer may withdraw from the agreement is counted from the day the Consumer took possession of the Product, and in the case of a service, from the day the agreement was concluded.

The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Agreement:

  • where the subject of the contract is a non-prefabricated item made according to the Consumer's specifications or intended to satisfy their individualized needs,
  • where the subject of the contract is a product delivered in a sealed package that cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.

The right of withdrawal from the Sales Agreement applies to both the Seller and the Client (Consumer) in the event that the other party fails to fulfill its obligation within a strictly specified deadline.

§9 TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider offers, through the Store, access to Electronic Services such as:

  • entering into Sales Agreements for Products,
  • maintaining an Account in the Store,
  • subscribing to the Newsletter,
  • using the Review System.

The provision of Electronic Services to the Users in the Store is carried out under the terms and conditions specified in the Regulations.

The Service Provider has the right to place advertising content on the Store's website. These contents are an integral part of the Store and the materials presented on it.

§10 TERMS AND CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

The provision of the Electronic Services specified in §9, item 1 of the Regulations by the Service Provider is free of charge.

The duration of the agreement is as follows:

  • The agreement for the provision of the Electronic Service, which involves maintaining an Account in the Store, is concluded for an indefinite period.
  • The agreement for the provision of the Electronic Service, which enables placing an Order in the Store, is concluded for a definite period and terminates upon the submission of the Order or cessation of the User's attempts to place an Order.
  • The agreement for the provision of the Electronic Service, which involves subscribing to the Newsletter, is concluded for an indefinite period.
  • The agreement for the provision of the Electronic Service, which involves submitting Reviews, is concluded for a definite period and terminates upon the submission of the Review or cessation of the User’s submissions.

Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:

  • A computer (or mobile device) with internet access,
  • Access to electronic mail,
  • A web browser,
  • Enabling Cookies and Javascript in the web browser.

The User is obligated to use the Store in a manner consistent with the law and good customs, respecting the personal rights and intellectual property rights of third parties.

The User is obligated to provide data that is accurate and up to date.

The User is prohibited from submitting unlawful content.

§11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

The User may submit complaints related to the provision of Electronic Services through the Store via email at: contact@paletteofsenses.com.

In the email, the User should provide as much information and context as possible regarding the subject of the complaint, including the nature and date of the irregularity, as well as contact details. The provided information will significantly facilitate and expedite the handling of the complaint by the Service Provider.

The Service Provider will address the complaint promptly, but no later than within 14 days.

The response from the Service Provider regarding the complaint will be sent to the email address provided by the User in the complaint submission or another address specified by the User.

§12 CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

Termination of the agreement for the provision of Electronic Services:

An agreement for the provision of a continuous and indefinite Electronic Service (e.g., maintaining an Account) may be terminated.

The User may terminate the agreement with immediate effect and without providing reasons by sending a relevant statement via email to: contact@paletteofsenses.com.

The Service Provider may terminate the agreement for the provision of a continuous and indefinite Electronic Service if the User violates the Terms and Conditions, particularly if the User submits unlawful content after a failed prior request to cease the violations with a set deadline. In this case, the agreement will expire 7 days after the declaration of termination is made (notice period).

Termination leads to the cessation of the legal relationship with effect for the future.

Both the Service Provider and the User may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.

§13 INTELLECTUAL PROPERTY

All content posted on the website www.paletteofsenses.com is protected by copyright law and (subject to § 13 section 3 and elements posted by Users, used under a license or permitted use) is the property of NAIO Alicja Izabela Owczarek, based in Dmosin Drugi 89B, 95-061 Dmosin, Poland, registered in the Central Register and Information on Business Activity. NIP: 8331406349, REGON: 522878951.

The User is fully responsible for any damage caused to the Service Provider as a result of using any content from the website www.paletteofsenses.com without the Service Provider’s consent.

Any use by anyone, without the explicit written consent of the Service Provider, of any elements comprising the content of the website www.paletteofsenses.com constitutes a violation of the copyright held by the Service Provider and results in civil and criminal liability.

All trade names, product names, company names, and their logos used on the website www.paletteofsenses.com belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the website www.paletteofsenses.com are used for informational purposes.

§14 REVIEWS IN THE ONLINE STORE

A Customer of the Online Store has the option to voluntarily and free of charge post a review regarding purchases made in the Online Store. The review may also include a rating, photo, or review of the purchased product in the Online Store.

After making a purchase, the Seller sends the Customer an email requesting the review along with a link to the online form that allows the Customer to submit the review. The online form enables the Customer to respond to questions from the Seller regarding their purchase, provide a rating, add a personal description, and upload a photo of the purchased product. If the review is not submitted after receiving the first invitation, the Seller may resend the invitation.

A review can only be posted by a Customer who has made a purchase in the Seller's Online Store.

Reviews posted by the Customer are published by the Seller in the Online Store.

The posting of a review cannot be used by the Customer for illegal activities, particularly actions that constitute unfair competition against the Seller or actions that violate personal rights, intellectual property rights, or other rights of the Seller or third parties.

A review may only be submitted for products actually purchased from the Seller’s Online Store. It is prohibited to enter fictitious or simulated sales contracts to post a review. The review may not be authored by the Seller or its employees, regardless of their employment basis.

A posted review can be removed by its author at any time.

§15 FINAL PROVISIONS

Contracts concluded through the Store are governed by Polish law. In the event of any part of the Regulations being in conflict with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations. Any disputes arising from Sale Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of reaching an amicable settlement, in accordance with the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section. Judicial dispute resolution:

Any disputes between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the courts competent under the provisions of the Civil Procedure Code of November 17, 1964 (Journal of Laws No. 43, item 296, as amended). Any disputes between the Service Provider and the Service Recipient who is not a Consumer shall be submitted to the court competent based on the Service Provider’s seat.

A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, particularly by submitting a request for mediation or a request for consideration by an arbitration court after the complaint procedure has been concluded. A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek free assistance from the county (municipal) consumer ombudsman or from a non-governmental organization whose statutory objectives include consumer protection. Out-of-court claims settlement after the conclusion of the complaint procedure is free of charge. To resolve a dispute amicably, the Consumer may, in particular, file a complaint via the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

These Terms and Conditions may be changed by the Seller. The changes will not affect the rights of Clients who have placed Orders before the change was made.
Any disputes arising from the Sales Agreement will be resolved by a competent court in accordance with the provisions of Polish law.
The Seller reserves the right to temporarily or permanently suspend the Store’s operations for maintenance or technical improvements.