COMPLAINTS

The Seller's obligation is to provide the Consumer and the Consumer Entrepreneur with products compliant with the contract.

The delivered product is compliant with the contract, if in particular its:

• description, type, quantity, quality, completeness and functionality,
• suitability for a specific purpose for which it is needed by the Consumer or the Consumer Entrepreneur, about which the Consumer or the Consumer Entrepreneur notified the Seller at the latest at the time of concluding the contract and which the Seller accepted.

In addition, to be considered in conformity with the contract, a product must:

• be fit for the purposes for which products of this type are usually used, taking into account applicable laws, technical standards or good practices;
• be present in such quantity and have such features, including durability and safety, which are typical for a product of this type and which the Consumer or Consumer Entrepreneur can reasonably expect, taking into account the nature of the product and the public assurance provided by the Seller, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:

(a) did not know about the public assurance and, judging reasonably, could not have known about it;

(b) prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;

(c) the public assurance did not affect the decision of the Consumer or the Consumer Entrepreneur to conclude the contract;

• be delivered with packaging, accessories and instructions that the Consumer or Consumer Entrepreneur can reasonably expect to be provided;
• be of the same quality as the sample or model that the Seller has made available to the Consumer or Consumer of the Entrepreneur, and correspond to the description of such sample or such model.

The Seller shall not be liable for the lack of compliance of the product with the contract, if the Consumer or Consumer Entrepreneur, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the product deviates from the requirements of compliance with the contract and explicitly and separately accepted the lack of a specific product feature.

The Seller shall be liable for the lack of compliance of the product with the contract existing at the time of its delivery and revealed within two years from that moment, unless the product's best-before date specified by the Seller, its legal predecessors or persons acting on their behalf is longer. A lack of compliance of the product with the contract which becomes apparent within two years from the delivery of the product shall be presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the product or the nature of the lack of conformity of the product with the contract .

If the product is not in compliance with the contract, the Consumer or Consumer Entrepreneur may demand its repair or replacement of the product.

The Seller may replace the product when the Consumer or Consumer Entrepreneur requests a repair, or the Seller may repair the product when the Consumer or Consumer Entrepreneur requests replacement of the product, if it is impossible to bring the product into compliance with the contract in a manner chosen by the Consumer or Consumer Entrepreneur, or would require excessive costs for the Seller. If repair and replacement of the product are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into compliance with the contract.

The Seller shall repair or replace the product within a reasonable time from the moment when the Seller was informed by the Consumer or Consumer Entrepreneur about the lack of compliance with the contract, and without undue inconvenience to the Consumer or Consumer Entrepreneur, taking into account the specificity of the product and the purpose for which the Consumer or Consumer Entrepreneur. The costs of repair or replacement of the product, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

Consumer or Consumer Entrepreneur provides the Seller with the product which should be subject to repair or replacement. The Seller collects the product from the Consumer or the Consumer Entrepreneur at his own expense.

Consumer or Consumer Entrepreneur is not obliged to pay for the usual use of the product, which was subsequently replaced.

If the product is not in compliance with the contract, the Consumer or Consumer Entrepreneur may submit a statement of price reduction or withdrawal from the contract when:

• the Seller refused to bring the product into compliance with the contract;
• the seller has not brought the product into compliance with the contract;
• the lack of compliance of the product with the contract persists even though the Seller has tried to bring the product into conformity with the contract;
• the lack of compliance of the product with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified above;
• it is clear from the Seller's statement or circumstances that he will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or Consumer of the Entrepreneur.

The reduced price must be in such proportion to the price resulting from the contract, in which the value of the non-compliant product remains to the value of the product compliant with the contract.

The Seller returns to the Consumer or Consumer Entrepreneur the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer or Consumer Entrepreneur's statement on the price reduction.

Consumer or Consumer Entrepreneur may not withdraw from the contract, if the lack of conformity of the product with the contract is insignificant.

In case of any complaints, the Customer should contact the Store via e-mail: office@cosmeticslab.pl, by phone: +48 22 378 44 53 +48 507 124 657 or by mail to the following address: COSMETICS LAB Sp. z o.o.  with headquarters in Warsaw, ul. Kolejowa 5/7, 01-217 Warszawa. It is also possible to fill a complaint form in the 'Complaints' tab, which should be sent back to the e-mail or correspondence address.  

The Seller shall respond to the requests of the Customer no later than within 14 days. Goods inconsistent with the agreement should be sent back to the following address: COSMETICS LAB Sp. z o.o.  with headquarters in Warsaw, ul. Kolejowa 5/7, 01-217 Warszawa, 

The Seller returns to the Consumer or the Consumer Entrepreneur the amounts due:

• as a result of exercising the right to reduce the price, immediately, not later than within 14 days from the date of receipt of the price reduction statement
• as a result of exercising the right to withdraw from the contract immediately, not later than within 14 days from the date of receipt of the product or proof of its return.

The Seller refunds the price using the same method of payment as used by the Consumer or Consumer Entrepreneur, unless the Consumer or Consumer Entrepreneur has expressly agreed to a different method of return, which does not involve any costs for him.

Claim clause

The Co-Controllers of your personal data is COSMETICS LAB Sp. z o.o. with headquarters in Warsaw, ul. Kolejowa 5/7, 01-217 Warsaw and Dr Irena Eris S.A. with headquarters in Piaseczno, ul. Armii Krajowej 12, 05-500 Piaseczno.

Providing your data, including possibly sensitive data (regarding health / skin condition) is voluntary and is a condition for considering the complaint, and failure to do so will prevent its consideration. By providing personal data, including possibly sensitive data, you consent to their processing. The data will be processed for the purposes of considering the complaint, known as the “legitimate interest of the Controller/Co-Controller”.

Where appropriate, in particular in the event of an adverse reaction, your personal data, including sensitive data, may be transferred to a Processing Entity to which is dermatologist, who a cooperating with the Co-Controller (i.e. Dr Irena Eris S.A.)

Where applicable, recipients of your data may be entities providing courier services, postal services and entities providing payment intermediation. Your data will be stored for the period necessary to achieve the purposes for which they were collected, and after its completion for a period required by law or longer, if it is necessary to determine and pursue any claims. You are entitled to request access to, correct, remove, restrict the use of and transfer your personal data. You have the right to object to the processing of your data, lodge a complaint to the supervisory authority, i.e. the President of the Polish Supervisory Authority, and withdraw your consent at any time without affecting the lawfulness of the processing carried out based on the consent before its withdrawal. You are entitled to object to the processing of your personal data based on a legitimate interest of the Controller/ Co-Controller, and to the processing of your personal data for marketing purposes. The Co-Controllers have appointed a Data Protection Officer who can be contacted at iod@drirenaeris.com 

Last update 24.01.2023