Terms and Conditions (Public Offer Agreement)

Last updated: [insert publication date]

1. General Provisions

1.1. This document constitutes a public offer by Estheticlab.pro (Serhii Shuhajlo) (hereinafter — the “Seller”, the “Company”, “we”), addressed to an unlimited group of persons, to enter into a distance sales contract for goods through the online store located at estheticlab.pro (the “Website”), under the terms set out below.

1.2. In accordance with Article 66¹ of the Polish Civil Code (Kodeks cywilny) on public offers, this document, published on the Website, is deemed a public offer.

1.3. Placing an order on the Website constitutes the Buyer’s full and unconditional acceptance of the terms of this Agreement.

1.4. The Seller reserves the right to amend this Agreement without prior notice to the Buyer. The current version is always available on the Website. Amendments do not apply to orders placed before the new version was published.

2. Terms and Definitions

  • Buyer — an individual or legal entity that has placed an order on the Website.
  • Retail Buyer (Consumer) — an individual purchasing goods for personal use unrelated to professional or business activity.
  • Professional Buyer (Specialist) — a cosmetologist, aesthetic physician, or other person purchasing goods for use in professional practice who has verified their qualification as set out in Section 4.3 of this Agreement.
  • Goods — aesthetic medicine preparations and related products (fillers, biorevitalizants, mesotherapy cocktails, lipolytics, peelings, syringes/needles/cannulas, professional cosmetics, etc.) listed in the Website catalogue.
  • Order — a request to purchase Goods placed by the Buyer on the Website.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods on the terms of this Agreement.

3.2. The assortment, specifications, and prices of Goods are set out in the Website catalogue and may be changed by the Seller unilaterally without prior notice.

4. Registration and Buyer Categories

4.1. To place an Order, the Buyer must register an account on the Website, indicating the category: “retail buyer” or “cosmetologist (wholesale prices)”.

4.2. By registering, the Buyer confirms the accuracy of the information provided and consents to the processing of personal data in accordance with the Privacy Policy.

4.3. Certain Goods (professional injectable preparations and other products requiring specialised qualification for safe use) are sold exclusively to persons who have verified their professional qualification in aesthetic medicine/cosmetology by uploading the relevant document (certificate, diploma) during registration. The Seller reserves the right to deny access to such Goods or cancel an Order where supporting documents are missing or inaccurate.

5. Placing and Concluding the Contract

5.1. An Order is placed via the Website shopping cart by selecting Goods, specifying quantity, and providing contact details.

5.2. An Order placed by the Buyer constitutes an offer to conclude a sales contract. The contract is deemed concluded at the moment the Order is confirmed by the Seller’s manager. Until then, the order is preliminary and creates no obligation on the part of the Seller.

5.3. Before the Order is confirmed, the Seller may decline to confirm it in the following cases:

  • non-payment within the specified period;
  • failure to provide documents confirming professional qualification (for professional Goods);
  • inaccurate or incorrect data provided for order processing or delivery;
  • unavailability of the Goods in stock.

5.4. Once payment has been made, the Order is passed for fulfilment. The Buyer may amend or cancel the Order only before it has been dispatched by the Seller, except where the Buyer has a statutory right to withdraw from the contract under mandatory applicable law (see Section 9 of this Agreement).

6. Price and Payment

6.1. Prices for the Goods on the Website are stated in euro (EUR) and include value added tax (VAT) at the rate applicable in the Buyer’s country of delivery, in accordance with the European Union One-Stop-Shop (OSS) scheme, under which the Seller is registered for the purposes of VAT payment on cross-border distance sales within the European Union.

6.2. Payment is made by bank transfer to the Seller’s account based on the issued invoice.

6.3. Funds are considered debited at the moment payment for the Order is successfully received; from that moment, the Order moves to confirmed-for-dispatch status.

7. Delivery

7.1. Goods are delivered within Poland, Ukraine, and the European Union member states. Delivery to other countries is possible by individual arrangement with the Seller.

7.2. Delivery is not carried out to countries where import of the relevant products is prohibited or restricted by applicable law, or where delivery is not logistically possible.

7.3. Delivery methods, timeframes, and costs are set out on the Delivery and Payment page.

7.4. Customs duties and import fees (where applicable) are payable by the Buyer in accordance with the customs requirements of the destination country, unless the Seller expressly states otherwise.

7.5. If the Buyer fails to collect the Order within the period set by the carrier, or refuses to accept the parcel without lawful grounds, the shipment is returned to the Seller in accordance with the carrier’s rules; the cost of return and re-dispatch is borne by the Buyer.

8. Acceptance of Goods. Transit Damage

8.1. The Buyer must check the integrity of the packaging and the conformity of the Goods with the Order at the moment of receipt from the carrier (courier, pickup point).

8.2. It is recommended that claims relating to visible damage sustained during transit be raised at the moment of receipt, before signing any receipt/acceptance documentation — this speeds up the claim to the carrier, as responsibility for the parcel passes to the carrier once the Goods are handed over to it. This is a recommendation only and does not limit any rights granted to the Buyer under mandatory applicable law, including the right to claim non-conformity of the Goods with the contract under Section 11 of this Agreement where a defect was hidden and discovered only after the packaging was opened. Upon request, the Seller may provide photographs of the packaging and Goods taken prior to dispatch to confirm their condition at the time of handover to the carrier.

8.3. The procedure set out in this Section does not apply to cases of manufacturing defects or errors made by the Seller in fulfilling the Order — such cases are handled under Section 10 of this Agreement.

8.4. After receiving the Goods, the Buyer must observe the temperature regime and other storage conditions specified by the manufacturer in the product instructions. Failure to observe storage conditions after receipt excludes the Seller’s liability for any subsequent deterioration or change in the properties of the Goods.

9. Retail Buyer’s Right of Withdrawal

9.1. This Section applies only to retail Buyers — individuals purchasing Goods for personal use unrelated to professional or business activity. It does not apply to professional Buyers (cosmetologists, physicians) purchasing Goods for use in their professional practice.

9.2. Under EU Directive 2011/83/EU and Polish consumer protection law, a retail Buyer has the right to withdraw from a distance contract within 14 (fourteen) days of receiving the Goods, without giving any reason.

9.3. Exemption. The right of withdrawal under Section 9.2 does not apply to Goods unsealed after delivery which are not suitable for return for health protection or hygiene reasons (injectable preparations, cosmetic products, and other goods with broken factory packaging) — this exemption is expressly provided for under applicable consumer protection law. For such Goods, the right of withdrawal is preserved only until the packaging is opened.

9.4. How to withdraw. To exercise the right of withdrawal, the Buyer must send the Seller an unambiguous statement of withdrawal:

  • by email: [email protected];
  • by post to: Kraków, ul. Dobrego Pasterza, nr 19A, lok. U2, 31-416, Poland.

To meet the withdrawal deadline, it is sufficient to send the statement before the 14-day period referred to in Section 9.2 expires. The Buyer may (but is not required to) use the model withdrawal form provided in the Annex to this Agreement.

9.5. Upon withdrawal, the Buyer must return the Goods to the Seller without undue delay and no later than 14 days from the day on which the withdrawal was communicated. The cost of returning the Goods is borne by the Buyer, unless the Seller has agreed to cover it.

9.6. Refund. The Seller will refund all payments received from the Buyer, including the cost of delivering the Goods to the Buyer (up to the amount of the least expensive standard delivery option offered), no later than 14 days from the date the withdrawal statement is received. The refund will be made using the same payment method used for the original transaction, unless the Buyer expressly agrees otherwise. The Seller may withhold the refund until the returned Goods have been received back or until the Buyer has provided proof of dispatch, whichever occurs first.

10. Returns, Exchanges, and Defect Claims

A short, plain-language summary of these terms is available on the Refund and Returns Policy page.

10.1. Goods of proper quality (including professional injectable preparations) are not subject to return or exchange, except as expressly provided in Section 9 of this Agreement (right of withdrawal for retail Buyers) or in this Section.

10.2. Return or replacement of Goods is permitted in the following cases, subject to the stated deadlines:

  • the Goods were received damaged due to the Seller’s fault (manufacturing defect) or as a result of an order-fulfilment error — a claim is accepted within 48 hours of receipt of the Order;
  • the Buyer received the wrong Goods — a claim is accepted within 24 hours of receipt of the Order.

10.3. To have a claim under Section 10.2 reviewed, the Buyer must provide:

  • photographs of the Goods and packaging from all sides, taken in good lighting, clearly showing the claimed defect;
  • a photograph clearly showing the batch (LOT) number of the Goods.

10.4. The deadlines and photo-evidence requirements set out in Section 10.2 apply for the prompt handling of claims relating to transit damage and fulfilment errors, and do not limit the rights of retail Buyers under Sections 9 and 11 of this Agreement, or under mandatory applicable law.

10.5. A substantiated claim will be reviewed within 14 (fourteen) calendar days of receipt of the complete set of supporting materials.

10.6. Return shipping costs for a substantiated claim relating to a defect or fulfilment error (Section 10.2) are borne by the Seller. In all other cases, return shipping costs are borne by the Buyer.

11. Liability for Non-Conformity of Goods with the Contract

11.1. No warranty is provided on the Goods in the traditional sense; Goods with a limited shelf life are subject to the expiry date indicated by the manufacturer on the packaging.

11.2. However, in respect of retail Buyers — individuals, the Seller bears statutory liability for non-conformity of the Goods with the contract (odpowiedzialność za brak zgodności towaru z umową), where the non-conformity existed at the time the Goods were delivered and is discovered within the period established by applicable Polish consumer protection law.

11.3. Where a non-conformity is discovered, a retail Buyer is entitled, in the manner and on the terms provided by law, to request:

  • repair or replacement of the Goods to bring them into conformity; or
  • if repair or replacement is impossible or disproportionate — a proportionate price reduction or withdrawal from the contract.

11.4. This Section does not apply to professional Buyers purchasing Goods for use in their professional practice — for such Buyers, the Seller’s liability for defects in the Goods is governed by Section 10 of this Agreement.

11.5. Warranty obligations and liability for non-conformity of the Goods with the contract do not extend to defects arising after the Goods have been handed over to the Buyer as a result of a breach of storage conditions (Section 8.4), or from improper use or reconstitution of the preparation.

11.6. The Goods are intended exclusively for professional use by qualified specialists in aesthetic medicine and cosmetology. Product information published on the Website is provided for reference only and does not replace the manufacturer’s instructions, manufacturer consultation, or a specialist’s medical advice.

12. Liability of the Parties

12.1. The Buyer bears full responsibility for compliance with the laws of their own country, including any requirements, restrictions, and rules applicable to the purchase, import, and professional use of the Goods. By placing an Order, the Buyer confirms awareness of, and agrees to comply with, such requirements.

12.2. The Seller is not liable for the consequences of using the Goods in breach of manufacturer instructions, outside the scope of the Buyer’s professional qualification, or for purposes other than their intended use.

12.3. The Seller acts as a distributor (reseller) of the Goods and is not their manufacturer. The Goods are sold on the basis of valid conformity certificates provided by the manufacturer. The Seller’s obligations as a distributor are limited to verifying that the Goods bear proper labelling and documentation in accordance with applicable European Union legislation on medical devices (Regulation (EU) 2017/745).

13. Force Majeure

13.1. The Parties are released from liability for full or partial non-performance of obligations under this Agreement where such non-performance results from circumstances of force majeure, including natural disasters, military action, epidemics, strikes, actions of government authorities, disruptions to transport and logistics services, and other circumstances beyond the reasonable control of the Parties.

14. Intellectual Property

14.1. Photographs, product descriptions, texts, graphics, and other materials published on the Website are the intellectual property of the Seller or are used by the Seller on a lawful basis. Use of such materials without the Seller’s prior written consent is prohibited.

15. Personal Data

15.1. Processing of the Buyer’s personal data is carried out in accordance with the Privacy Policy, which forms an integral part of this Agreement.

16. Out-of-Court Dispute Resolution

16.1. A retail Buyer may seek out-of-court resolution of a dispute before the competent Polish consumer protection authority (in particular, the Provincial Inspector of Trade Inspection — Wojewódzki Inspektor Inspekcji Handlowej, or another alternative dispute resolution (ADR) body authorised to handle disputes involving the Seller), where the Seller is required or has agreed to participate in such a procedure.

16.2. Recourse to alternative dispute resolution procedures is voluntary for the Buyer and does not deprive the Buyer of the right to bring a claim before a court.

17. Governing Law and Dispute Resolution

17.1. This Agreement is governed by the laws of Poland.

17.2. Before referring a dispute to court, the Parties may attempt to resolve it through negotiation. No mandatory pre-litigation dispute resolution procedure applies unless expressly required by applicable law.

17.3. Any disputes not resolved through negotiation shall be settled in the courts having jurisdiction over the Seller’s place of business, unless mandatory consumer protection law provides otherwise.

18. Seller’s Details

Estheticlab.pro (Serhii Shuhajlo) NIP (Tax ID): 9452293494 Registration number: 528810233 Address: Kraków, ul. Dobrego Pasterza, nr 19A, lok. U2, 31-416, Poland Email: [email protected] Telegram: @estheticlabpro

19. Contact

For questions relating to Orders, delivery, or claims, the Buyer may contact the Seller via:

Annex. Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract; using this form is not mandatory — any clear statement of withdrawal is sufficient)

To: Estheticlab.pro (Serhii Shuhajlo), Kraków, ul. Dobrego Pasterza, nr 19A, lok. U2, 31-416, Poland, [email protected]

I/We hereby give notice of withdrawal from the contract of sale of the following Goods: — Name of Goods: __________________________ — Order date: __________________________ — Date of receipt of the Goods: __________________________ — Name of Buyer: __________________________ — Address of Buyer: __________________________ — Date: __________________________ — Signature of Buyer (only if this form is submitted on paper): __________________________