TERMS AND CONDITIONS OF DISTANCE SALES AND ELECTRONIC SERVICES

These Terms and Conditions set out the rules for making purchases in the online store lonavie.com, operating at lonavie.com, as well as the rules regarding the processing of personal data.

§ 1 General Information

The Seller is the store lonavie.com, also referred to interchangeably as the "Service Provider."

1. The Seller can be contacted by email, traditional mail, or via the contact form. Contact details are provided in the "Contact" section on the Store's website.

2. The Store cooperates with foreign sellers and logistics partners to fulfill orders. Orders are shipped directly by third-party suppliers.

This document constitutes an integral part of the sales contracts concluded.

§ 2 Definitions

1. Terms and Conditions – these terms and conditions, in force as of January 25, 2023.
2. Customer (Buyer) – a natural person who is at least 13 years of age (if under 18, the consent of their legal representative is required), as well as a legal entity or an organizational unit without legal personality to which specific provisions grant legal capacity, who places or intends to place an Order or uses other services of the Online Store (including Consumers).
3. Subject of transaction – Goods listed and described on the Online Store's website. The Seller makes every effort to keep the offer presented on the website up to date. However, if any of the ordered Goods are unavailable, the Seller undertakes to promptly inform the Buyer by telephone or email.
4. Goods – movable items covered by the Sales Agreement.
5. Additional Service – a service provided by the Service Provider to the Customer outside of the Online Store in connection with the nature of the products sold.
6. Product – Goods and Additional Services presented in the Online Store.
7. Sales Agreement – an agreement for the sale of Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication (including by telephone).
8. Online Store lonavie – the website available at lonavie, through which the Customer may purchase Products.
9. Party – the Service Provider and the Customer.
10. Store Website – any page or subpage located at lonavie.com.
11. Order – a declaration of intent by the Customer unambiguously specifying the type and quantity of Products, leading directly to the conclusion of a distance Sales Agreement via the Online Store.

§ 3 General Rules

1. A condition for placing an Order in the Online Store is that the Buyer reads and accepts these Terms and Conditions during the Order process.
2. The online store lonavie conducts retail sales via the Internet.
3. All products offered in the lonavie store are brand new, free from physical and legal defects, and have been legally introduced to the market.
4. We reserve the right to production defects related to sublimation printing and digital printing. Images shown in previews may differ in color from the final result.

§ 4 Placing Orders

1. All prices listed on the Store are gross prices . The prices listed do not include shipping costs.
2. Orders are accepted via the website, by telephone, or by email.
3. Orders placed through the website (or by email) may be submitted 24 hours a day, 7 days a week, throughout the year.
4. An Order is valid if the Buyer correctly fills out the order form and provides accurate contact details, including the exact delivery address, telephone number, and email address.
5. If the data provided is incomplete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.
6. The Buyer consents to the issuance and transmission by electronic means, to the email address indicated, of electronic images of settlement documents. This consent also authorizes the Seller to issue and send invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 17, 2010, on the transmission of invoices in electronic form, the rules for their storage, and the procedure for making them available to the tax authority or fiscal control authority.
7. The Buyer consents to the processing of their personal data in connection with the fulfillment of the Order. The Buyer may use the registration option (the system remembering their data) to facilitate the process of placing subsequent Orders. For this purpose, the Buyer should provide a login and password necessary to access their account. The Customer's login is the email address or username provided. The password is a string of characters set by the Customer. The Customer's password is not known to the Seller, and the Customer is obliged to keep it confidential and protect it from unauthorized third-party access. Registration is not required to complete an order. The data of unregistered customers is processed only for the purpose of fulfilling a single order.
8. By registering on the store, the Buyer consents to the inclusion of their personal data in the Seller's Online Store database for processing in connection with the fulfillment of Orders. The Buyer has the right to access, correct, and request deletion of their data. Additional information regarding the processing of personal data can be found in Section 10 of these Terms and Conditions.
9. After the Customer successfully places an order, they will receive an automatic confirmation email from the store acknowledging receipt of the order.
10. The order fulfillment process begins when payment is credited to the bank account specified in the order confirmation (in the case of bank transfer) or when the order is placed with payment processed through the electronic payment system.
11. By placing an order in the Store, the Customer declares that they are aware that the Store cooperates with foreign suppliers and logistics partners. The goods are shipped directly from outside the European Union. In such cases, the Customer is treated as the importer of the product into the country of destination and is responsible for meeting any import, customs, or tax requirements arising from the laws applicable in the country of delivery.
12. The Customer acknowledges that, as the importer, they are responsible for the admissibility of introducing the product to the local market, including compliance with regulations concerning safety, labeling, or cosmetics registration in force in the country of delivery. The Seller is not liable for the detention of shipments by customs authorities or for any consequences arising from customs, tax, or import regulations.

§ 5 Shipping Costs and Delivery Times

1. Goods are shipped to the address indicated in the order form or by email. The Store will promptly notify the Customer of any incorrectly completed order form that prevents or may delay shipment.
2. Goods are delivered by specialized courier companies or by Poczta Polska. All shipments have a unique tracking number that allows tracking the shipment online. The Customer will receive the tracking number and the link to the tracking page together with the shipping confirmation.
3. Order processing time is 2–3 business days.
4. Orders are shipped no later than within 15 business days; however, we strive to dispatch orders as quickly as possible, with an average of 4–8 business days. Exceptions apply to periods when the company is temporarily closed, which will be indicated by appropriate notices on the store's homepage. Orders default to "in progress" status, and their status changes to "accepted" once the funds are credited to the account. For online payments, funds are usually credited within a few minutes, while bank transfers typically take 2–4 business days.
5. The Buyer is charged for delivery (shipping) costs, which are shown in the order summary. Shipping costs are calculated automatically by the store for the ordered products. The amount of the charges depends on the type of transport, method of payment, weight, and dimensions of the ordered items. Shipping costs are 9.99 for parcel lockers and 0 for courier for orders.

§ 6 Payments

1. Payment for ordered goods may be made via the electronic payment system or by bank transfer to the store's bank account.
2. For certain types of products, the Service Provider reserves the right to restrict the method of payment by disabling selected payment options on the website.

§ 7 Receipt of Goods

1. Deliveries are made within the territory of European Union, United Kingdom, Australia, Canada, United States
2. Before accepting a shipment from the post office or courier, please check that the packaging has not been damaged in transit. In particular, pay attention to the condition of the tapes or seals affixed to the package. If the packaging shows signs of damage or the seals (tapes) are broken, do not accept the shipment, and in the presence of the courier, prepare a damage report and contact the seller as soon as possible to clarify the matter. Failure to note irregularities in the quantity or quality of the shipment upon receipt may negatively affect the outcome of the Customer's claims for damage in transit.
3. In the event that the Customer fails to collect the shipment and it is returned to the sender, the store reserves the right to deduct from the refund the costs of shipping and/or return shipping, if charged by the carrier. The Customer is obliged to monitor the status of the shipment and collect it within the specified time (e.g., from a pickup point, parcel locker, or post office). Failure to receive delivery notifications or non-delivery to the proper location may be reported; however, it does not guarantee a full refund.
4. Before using the product, the Customer is obliged to carefully read the information regarding its composition, intended use, and method of application. Products may contain ingredients that cause allergies or irritation in sensitive individuals. The Seller is not liable for individual reactions that cannot be predicted based on the general properties of the product.
5. The Seller is not liable for damages resulting from the use of the product if they occurred as a result of improper use, use contrary to instructions, tampering with the product after delivery, or any modifications to the product made by the Customer. The Seller does not guarantee specific cosmetic results, as the final effect depends on the individual characteristics of the user's body.
6. The Seller is not liable for the consequences of improper use or use inconsistent with the recommendations for cosmetic products, in particular for allergic reactions, irritation, or other side effects resulting from the Customer's individual hypersensitivity to the product's ingredients. The Customer is obliged to read the product's composition before use and to perform a patch test in accordance with general safety principles for cosmetic use.

§ 8 Withdrawal from the Agreement

1. A Consumer who has entered into a distance contract has the right to withdraw from the contract without giving any reason by submitting an appropriate statement (in writing, by email, or by telephone). This right is, however, limited in time and may be exercised within 30 days (legal basis: CONSUMER RIGHTS ACT of May 30, 2014, and DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011). This deadline is final and is counted from the day the item is delivered, or in the case of a service contract, from the day the contract is concluded. Sending the statement before the deadline expires is sufficient to meet this deadline.
2. The right indicated in the directive applies to consumer sales and therefore applies exclusively to sales to natural persons making a purchase for purposes unrelated to professional or business activities.
3. In the event of withdrawal from this contract, we will refund to you all payments received from you, including the costs of delivering the item, no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund. We may withhold the refund until we have received the item back or until you have provided us with proof of its return, whichever occurs first.
4. In the event of exercising the right of withdrawal, the returned goods must be sent back at the Customer's own expense to the address provided by Customer Service. Return addresses are located in third countries in Asia. The Customer will receive the appropriate return address after submitting a withdrawal request by email.
5. In accordance with Article 38 of the Consumer Rights Act, the right of withdrawal does not apply in the case of the delivery of sealed goods which, once opened, cannot be returned for reasons of health protection or hygiene, if the packaging has been opened after delivery. This applies in particular to cosmetics and other products having direct contact with the body. Returns of such products are only possible in their factory-sealed, unopened condition.
6. Detailed information regarding the return and exchange procedure can be found in the Return Policy available on the Store's website.

§ 9 Privacy Policy and Personal Data Protection

1. The administrator of the personal data databases provided by customers of the online store in connection with purchases is the Service Provider.
2. Personal data is provided voluntarily by the Customer and is used only for the purpose of fulfilling sales agreements. Therefore, it may be transferred to entities responsible for the delivery of purchased goods to the customer (depending on the selected delivery method), to the entity responsible for the Service Provider's accounting, and to entities providing IT services to the data administrator. Customers have the right to access and correct their data.
3. Access, modification, and correction of personal data may be made at any time through the Customer's account after prior registration and login, or by contacting the Service Provider.
4. Consent to the processing of personal data remains in force until revoked by the Customer, and after such revocation, for the period necessary to fulfill sales agreements and maintain accounting records.
5. The Service Provider ensures the security of Customers' personal data – wherever personal data must be provided, the connection between the Customer and the server is encrypted.
6. The Service Provider stores cookies on the Buyer's end device and subsequently accesses the information contained therein for statistical purposes and to ensure the proper functioning of the Store.
7. If you have any questions, please contact our Data Protection Officer: support@lonavie.com

§ 10 Final Provisions

1. In matters not regulated by these Terms and Conditions, the provisions of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council, and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, as well as the Consumer Rights Act of May 30, 2014, and the Act of April 23, 1964 – the Civil Code (Journal of Laws of 2014, item 121, as amended), shall apply.
2. Disputes arising from the application of these Terms and Conditions and in connection with the performance of contracts concluded between the Store and Customers shall be settled by the court having jurisdiction under the provisions on subject-matter and territorial jurisdiction in accordance with the Act of November 17, 1964 – Code of Civil Procedure (Journal of Laws of 2014, item 121, as amended).
3. The Service Provider reserves the right to introduce amendments to these Terms and Conditions, with the proviso that contracts concluded before the amendment of the Terms and Conditions shall be governed by the version of the Terms and Conditions in force at the time the Customer placed the order.