TERMS AND CONDITIONS OF THE PROOFY.SKIN ONLINE STORE
§ 1. General provisions and Seller information
These Terms and Conditions govern the use of the online store available at https://proofyskin.com (the “Store”), including the rules for providing services electronically, placing orders, concluding and performing sales contracts, payments, delivery, withdrawal from contracts and complaints.
The seller and service provider is Anastasiia Marchenko, conducting business under the business name Anastasiia Marchenko, Polish Tax Identification Number (NIP): 5842861952, address: al. Rzeczypospolitej 4B/48, 80-369 Gdańsk, Polska, entered in the Polish Central Registration and Information on Business (CEIDG) (the “Seller”).
Seller's contact details: email address [email protected], telephone number +48 883 463 249, correspondence and complaints address al. Rzeczypospolitej 4B/48, 80-369 Gdańsk, Polska, returns address al. Rzeczypospolitej 4B/48, 80-369 Gdańsk, Polska. The Seller may be contacted using the details provided.
“Customer” means a person using the Store or entering into a contract with the Seller. “Consumer” means a natural person entering into a legal transaction with a trader that is not directly related to that person's business or professional activity.
“Entrepreneur with Consumer Rights” means a natural person entering into a contract directly related to that person's business activity where the contract is not of a professional nature for that person, under the rules set out in Article 7aa of the Polish Consumer Rights Act. Such a person enjoys consumer rights to the extent provided by law. Where the professional nature of the contract is not apparent from its content, that person may, no later than upon conclusion of the contract, declare whether the purchase is of a professional or non-professional nature; concluding the contract is not conditional on making such a declaration.
“Business Days” means Monday through Friday, excluding statutory public holidays in Poland.
The Store sells within the territory of Poland. Information about products and available delivery and payment methods is provided in the Store before an order is placed.
§ 2. Services provided electronically
To use the Store, a device with Internet access and an up-to-date browser supporting standard web technologies are required, as well as an active email address when placing an order or communicating electronically.
The Seller provides access to the product offering, shopping cart and order form free of charge. The order form is provided for one-time use, which ends when an order is placed or the form is abandoned without placing an order.
If the Store allows Customers to create accounts, the account service is free of charge and is provided for an indefinite period from successful completion of registration. The Customer may terminate the account service agreement at any time with immediate effect by contacting the Seller at [email protected]. Closing an account does not restrict rights relating to previous purchases or statutory data-retention obligations.
If the Store allows subscription to a newsletter, this is a separate, free service provided until cancellation. The Customer may unsubscribe at any time through the unsubscribe mechanism in a message or by emailing the Seller. Commercial communications and direct marketing are sent in compliance with the consent requirements arising from applicable law.
The Customer undertakes to use the Store in accordance with the law, not to provide unlawful content, to supply information necessary for proper performance of an order and to safeguard their login credentials.
Complaints concerning electronically provided services may be submitted to [email protected] or the Seller's correspondence address. Providing a description of the issue and a reply address is recommended; failure to provide this information does not deprive the Customer of statutory rights. The Seller responds to Consumer complaints within 14 days of receipt, on paper or another durable medium.
These Terms and Conditions are made available free of charge before a contract is concluded, in a manner that allows them to be downloaded, saved and reproduced.
§ 3. Orders and conclusion of sales contracts
Purchases may be made without registration; an account may also be used if this feature is available.
Product and price information displayed in the Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code, not an offer made by the Seller.
The Customer selects products, provides the necessary information and chooses an available delivery and payment method. Before placing the order, the Customer can review and correct the details, products and costs.
Before an order is placed, the Store displays the total price, including all legally required taxes, delivery charges and any other payable fees, as well as the information about the order required by law.
An order is placed by clicking the “Buy and pay” button or an equivalent button that clearly indicates an obligation to pay. Placing an order constitutes the Customer's offer to enter into a sales contract on the terms stated in the order summary.
An automated message acknowledging receipt of an order does not yet mean that the order has been accepted. A sales contract is concluded only when the Seller sends an email expressly confirming acceptance of the order for fulfilment. The processing or authorisation of payment by the payment operator does not replace such confirmation.
Before accepting an order, the Seller may inform the Customer that the order cannot be fulfilled as submitted, particularly due to genuine unavailability of the goods or an obvious error in the order details. Concluding a contract on amended terms, including a change of product, quantity or price, requires the Customer's express consent. The Seller does not unilaterally change the terms of a contract already concluded.
If an order is not accepted, the Seller informs the Customer and promptly refunds any funds received for the unaccepted order, using a payment method compliant with the law and the payment operator's rules.
Confirmation of the contract, these Terms and Conditions and the legally required information about the right of withdrawal, including a model withdrawal form, are provided on a durable medium, such as in an email or attachment, no later than upon delivery of the goods.
Contracts are concluded in Polish. If the Store provides information in other languages, the scope and content of the language versions should correspond to the information presented to the Customer before purchase.
§ 4. Prices and payments
Product prices are stated in Polish zloty (PLN) and are final prices inclusive of all taxes required by law. Delivery charges and any other fees are shown before the order is placed.
For a contract concluded in accordance with § 3, the price confirmed when the contract is concluded is binding. The Seller is not entitled to unilaterally increase the price under a contract already concluded.
Online payment processing services are provided through Przelewy24, operated by PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland (KRS 0000347935, NIP 7792369887). Available payment methods include BLIK, Visa, Mastercard and Maestro payment cards, and fast online bank transfers (pay-by-link), insofar as they are enabled for the Store. The Customer may use the payment methods actually made available during checkout. Where card payments are available, the payment-card operator is PayPro S.A. — acquiring agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register under KRS 0000347935, NIP 7792369887, REGON 301345068.
Payment is made within the time limits and in accordance with the instructions presented during the payment process. An unpaid order is not forwarded for fulfilment. If payment fails, the Customer may use any available option to retry it or contact the Seller. If no contract has been concluded, the Seller may decline to accept an unpaid order. If a contract has already been concluded, its termination is governed by law.
Promotion rules, including their duration and eligibility conditions, are published in the Store. When announcing a price reduction, the Seller provides information about the lowest price during the relevant period preceding the reduction, in accordance with applicable law.
Refunds are made in accordance with these Terms and Conditions and applicable law. A payment made by card is refunded to the account linked to the card used, unless the law or an alternative expressly agreed with the Customer requires a different arrangement.
§ 5. Delivery and order fulfilment
Deliveries are made exclusively within Poland, using the following methods: InPost Paczkomat® parcel lockers and InPost courier.
Goods in stock are generally handed over for dispatch within 2 Business Days after both conditions have been met: payment has been received and the order has been accepted for fulfilment, unless a different period was specified for the relevant product or order before purchase. The delivery time, including preparation of the parcel and carriage, is communicated to the Customer before the order is placed. This provision does not exclude the statutory obligation to deliver the goods within the required time.
Available delivery methods, charges and estimated delivery times are indicated in the Store and during checkout. Dispatch time is not the same as delivery time.
In sales to a Consumer or an Entrepreneur with Consumer Rights, the risk of accidental loss of or damage to the goods passes to the buyer when the goods are taken into possession by the buyer or a third party designated by the buyer other than the carrier, subject to exceptions provided by law.
If a problem with a shipment is discovered, the Customer may contact the Seller. Photographic documentation or a damage report may help clarify the situation but is not a prerequisite for filing or having a complaint considered.
Failure to collect a parcel does not in itself constitute a declaration of withdrawal from the contract. If an uncollected parcel is returned for reasons attributable to the Customer, any reshipment at the Customer's request may require agreement on payment of the actual costs of redelivery. This provision does not limit the Customer's rights under applicable law.
§ 6. Right of withdrawal from the contract
A Consumer and an Entrepreneur with Consumer Rights may withdraw from a distance sales contract without giving a reason within 14 days of the goods being taken into possession by the buyer or a third party designated by the buyer other than the carrier, subject to the exceptions set out in § 7. Where goods covered by one contract are delivered separately, in batches or in parts, this period begins upon receipt of the last item, batch or part.
To withdraw from the contract, the eligible person must send the Seller an unequivocal declaration of withdrawal before the period expires, for example by email to [email protected] or by post to the Seller's address. The person may use the model form provided at the end of these Terms and Conditions, but doing so is not mandatory. The Seller confirms receipt of a declaration submitted electronically on a durable medium.
Goods must be returned without undue delay, no later than 14 days after the declaration of withdrawal is submitted. Posting the parcel before the deadline is sufficient to meet it. Return address: al. Rzeczypospolitej 4B/48, 80-369 Gdańsk, Polska. The Seller does not require prior consent for a return made under the statutory right of withdrawal.
The buyer bears only the direct costs of returning the goods, provided that the legally required information about this obligation was given to the buyer. These rules do not apply to the costs of a justified complaint concerning lack of conformity of the goods with the contract, which are borne by the Seller in accordance with the law.
In the event of an effective withdrawal, the Seller refunds the price received and the original delivery cost up to the cost of the least expensive standard delivery method available in the Store for the order concerned. Any additional delivery cost resulting from the Customer choosing a method more expensive than the cheapest standard delivery method offered by the Seller is not refunded.
The refund is made without undue delay, no later than 14 days after receipt of the declaration of withdrawal. The Seller may withhold the refund until the goods are received or the Customer provides proof of having sent them back, whichever occurs first, unless the Seller offered to collect the goods themselves.
The refund is made using the same payment method as the original purchase, unless the buyer expressly agrees to another method that does not involve any charge to the buyer.
The buyer is responsible for any reduction in the value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning, except where liability is excluded by law, in particular where the Seller failed to provide the required information about the right of withdrawal. The Seller may seek an amount corresponding to the actual reduction in value, without imposing automatic or flat-rate penalties.
The above rules do not limit rights arising from complaints concerning goods that do not conform to the contract.
§ 7. Statutory exceptions to the right of withdrawal, including cosmetics
The right of withdrawal does not apply in the circumstances specified in Article 38 of the Polish Consumer Rights Act. Particularly relevant to the Store's product range is the exception concerning goods supplied in sealed packaging that are not suitable for return for reasons of health protection or hygiene if the packaging has been opened after delivery.
The exception referred to in paragraph 1 applies only to products for which all statutory conditions are met. The mere fact that a product is a cosmetic, that the Customer has opened an ordinary outer carton or that the product has lost its commercial value does not automatically mean that the right of withdrawal is excluded.
If the goods have a hygienic seal (such as an appropriate seal or membrane) and, once that seal is broken, they are unsuitable for return for reasons of health protection or hygiene, the right of withdrawal in respect of those goods is excluded under Article 38 of the Polish Consumer Rights Act. The assessment concerns the specific goods and the specific seal.
Other statutory exceptions, including for goods genuinely made to the Consumer's individual specifications, apply only where their conditions are met. A standard set of cosmetics (box) is not automatically excluded from returns merely because it contains several products or because the buyer selected a ready-made configuration.
Exceptions to the right of withdrawal do not exclude rights arising from lack of conformity of the goods with the contract, even if a cosmetic product has been opened.
§ 8. Complaints concerning goods and liability
The Seller is responsible to the Consumer and the Entrepreneur with Consumer Rights for the conformity of goods with the contract under the rules laid down in the Polish Consumer Rights Act, in particular Articles 43a–43g. Under those provisions, the Seller is generally liable for lack of conformity that becomes apparent within 2 years of delivery of the goods, unless the law provides for a longer period.
Complaints may be submitted in any legally permissible form, in particular to [email protected] or to the correspondence address specified in § 1. It is recommended to identify the goods, describe the circumstances of the issue, provide contact details and state the requested remedy; the absence of a receipt, original packaging, order number or photographs is not, in itself, grounds for refusing to accept a complaint, where the purchase and lack of conformity can be demonstrated by other means.
The Consumer may request repair or replacement of goods that do not conform to the contract. The Seller may replace the goods instead of repairing them, or vice versa, if the remedy requested by the Consumer is impossible or would entail disproportionate costs, and may also refuse to bring the goods into conformity if both repair and replacement are impossible or would entail disproportionate costs, in accordance with the Act.
A price reduction or withdrawal from the contract may be requested in the circumstances specified by law, in particular where the lack of conformity is sufficiently serious to justify such a remedy immediately, or where repair or replacement has failed to bring the goods into conformity as required by law. Withdrawal for lack of conformity is not available where the lack of conformity is minor; the Act establishes a presumption that a lack of conformity is significant.
Repair, replacement and return of goods under a justified complaint are carried out at the Seller's expense to the extent provided by law. Where the contract is terminated by withdrawal due to lack of conformity of the goods, the Seller refunds the price without undue delay and no later than 14 days after receiving the goods or proof that they have been returned.
The Seller responds to a Consumer's complaint within 14 days of receiving it, on paper or another durable medium. Failure to respond to a Consumer complaint within that period has the consequences provided for in Article 7a of the Polish Consumer Rights Act. For Entrepreneurs with Consumer Rights, the Seller applies a 14-day response period on the terms adopted in these Terms and Conditions, without prejudice to their statutory rights.
Cosmetics should be used in accordance with their intended purpose, instructions for use and warnings. An individual skin reaction, failure to achieve a subjectively expected result or differences in perceived product effects do not automatically establish a lack of conformity of the goods with the contract. Each complaint is assessed individually, taking into account the product's characteristics and safety, the Seller's descriptions and representations, and applicable law. This provision does not exclude liability for goods that do not conform to the contract or for unsafe products.
Skincare information provided in the Store is for informational purposes and does not replace individual medical advice. This provision does not limit the Seller's statutory liability for goods or for the content of the Seller's own commercial representations.
§ 9. Out-of-court dispute resolution
Consumers may use the out-of-court consumer dispute resolution procedures provided for by law, including through the competent regional inspector of the Trade Inspection Authority, a permanent arbitration court, or a municipal or district consumer ombudsman.
Information on available mechanisms can be found, among other places, at https://polubowne.uokik.gov.pl and https://consumer-redress.ec.europa.eu.
If a complaint does not resolve the dispute, the Seller provides the Consumer, on paper or another durable medium, with the information required by law, in particular about the competent alternative dispute resolution (ADR) body and the Seller's position on participating in the proceedings.
Participation in ADR takes place in accordance with applicable law. The provisions of this section do not deprive either party of the right to pursue claims before a competent court.
§ 10. Personal data
The controller of Customers' personal data is the Seller identified in § 1.
Detailed information about the purposes, legal bases and periods of data processing, data recipients and data subjects' rights is provided in the Privacy Policy available in the Store.
Acceptance of these Terms and Conditions does not constitute consent to receive commercial communications or direct marketing. Any required consents are obtained separately.
§ 11. Final provisions and business-to-business relations
These Terms and Conditions and contracts concluded under them are governed by Polish law, subject to mandatory provisions protecting Consumers, including rules applicable to Consumers resident in other countries, where applicable.
Sales contracts are governed by the version of these Terms and Conditions in effect when the order is placed. Subsequent amendments do not alter the terms of sales contracts already concluded.
The terms of the account service may be amended for important, specified reasons, such as changes in laws applicable to the service, a binding decision by an authority, the need to ensure security or a genuine change in account functionality. Amendments must be proportionate to the reason for them and may not infringe acquired rights.
The Seller informs account holders of changes at least 14 days before they take effect, on a durable medium, specifying the amended provisions, the reason for the change, its effective date and the option of terminating the account service agreement free of charge before the changes take effect. This does not apply to changes that must be implemented immediately under mandatory law, to the extent permitted by law.
Solely in relation to Customers who are entrepreneurs and who are not entitled to consumer rights in respect of the contract concerned, the Seller's liability under the statutory warranty for defects in goods is excluded pursuant to Article 558 § 1 of the Polish Civil Code. This exclusion does not apply where a defect was fraudulently concealed or to the extent that mandatory law prohibits such an exclusion of liability.
In relations between the Seller and the Customer referred to in paragraph 5, the Seller's contractual liability for ordinary, foreseeable financial loss is, to the extent permitted by law, limited to the value of the order giving rise to that loss. This limitation does not apply to damage caused intentionally or to liability that cannot be limited under mandatory law, including liability related to product safety.
No provision of these Terms and Conditions excludes or limits the rights of a Consumer or an Entrepreneur with Consumer Rights arising under mandatory law. Where a provision conflicts with such law, the statutory provisions apply.
These Terms and Conditions are available in the Store free of charge for download, saving and printing.
Model withdrawal form
Complete and send this form only if you wish to withdraw from the contract. Use of this form is optional.
To: Anastasiia Marchenko, al. Rzeczypospolitej 4B/48, 80-369 Gdańsk, Polska
Email: [email protected]
I hereby give notice that I withdraw from my contract of sale for the following goods:
................................................................................
Date of contract: .................................................................
Date goods were received: ........................................................
Name of Consumer / Entrepreneur with Consumer Rights: ...............................
Address: ........................................................................
Date: ...........................................................................
Signature: ......................................................................
(Only if this form is submitted on paper.)
Effective date: 05.10.2026