General conditions

1. Identification of the company. Registration data.

The owner of the online shop is:
ESC sp. z o.o., Lakowa 7D, 90-562 Lodz, Poland
NIP: 5252594183. REGON: 147368370. KRS: 0000518470.
Share capital: 5000 PLN
Phone: 694-000-009
contact form


Address of the customer service, where complaints can be lodged and returns sent:
Masculo
ESC sp. z o.o.
Lakowa 7D
90-562 Lodz
Poland

Phone: 694-000-009

contact form

(Owner of the online shop hereinafter referred to as "ESC")

ESC is an official distributor of ES Collection and Addicted brands in Poland. The sale of products, promotion and use of the name, logo, photos or promotional materials of ES Collection and Addicted in Poland without the consent of the owner - Denier S.L. based in Barcelona - is forbidden.

ESC is an official distributor of TOF Paris brand in Poland. The sale of products, promotion and use of the name, logo, photos or promotional materials of TOF Paris in Poland without the consent of the owner - TOF Paris SAS based in Paris - is forbidden.

ESC is an official distributor of Barcode Berlin, PUMP and Mister B brands in Poland.

2. Acceptance of orders

Orders shall be accepted through the online shop and may be placed by persons having full legal capacity. Placing an order by the Customer implies acceptance of these Terms and Conditions and constitutes an obligation to pay for the items covered by the order.
Registration of an account and logging in are voluntary and failure to create an account does not make it impossible to place an order. In order to register an account, the Customer is obliged to provide an e-mail address and establish a password for the account, which is provided each time he or she logs in. The customer can delete the account at any time.

3. Prices

All prices are given in Euro including VAT.
The total price of the goods is given next to each product. The standard (non-promotional) shipping price list can be found on the page: Delivery cost.
After selecting the products, the Customer has the option in the Basket to choose the method of payment and delivery with the price indicated there, and to enter a maximum of one discount coupon.
All discounts are calculated automatically in the summary, before the order is approved. ESC does not calculate them manually.
Discount coupons are not combinable with each other or with other promotions unless the terms of the promotion state otherwise. A customer can only use one discount coupon or promotion terms.
After confirming the data entered, a summary appears with a list of selected products along with prices, shipping date, payment and delivery method and the value of the entire order, including the discount coupon if previously entered.
At this stage, the customer has the option to return and amend the order. Once the summary has been approved, the order is considered to have been placed with the obligation to pay and the Customer is not able to edit it.
ESC reserves the exclusive right to sell products through the online shop on promotional terms and to terminate sales on promotional terms without giving any reason.
Where customers are given the opportunity to purchase products on promotional terms, information on the price of the product before the promotion, the promotional price and the lowest price of the last thirty days before the start of the promotion is made available to the customer for their information within the page showing the product and allowing them to add that product to their order basket.

4. Methods and date of payment

The customer can pay by credit card or PayPal.

The payment operator is PayPro S.A. Settlement Agent (Przelewy24), ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068 and in the register of national payment institutions kept by the Polish Financial Supervision Authority under number UKNF IP24/2014.

Orders with selected payment in advance must be paid by the end of the next working day from the date of placement. After this deadline, unpaid orders are cancelled and the reserved products are returned to sale.

Orders with personal collection must be paid for in advance by the end of the next working day after the day the order was placed. After this deadline, unpaid orders are cancelled.

The moment the order is paid for is the day the ESC account is credited.

5. Delivery methods

The ESC offers delivery by courier (DPD, GLS, UPS).
Availability of individual carriers depends on the delivery address.

Current prices, taking into account promotions and discounts for the value of the order, can be found in the Basket when selecting the payment method and on the Delivery Cost page. The standard (non-promotional) price list can be found on the Delivery Cost page.

ESC sells by mail order only within the European Union.

6. Dispatch date

Orders with selected payment in advance are only accepted for delivery once the payment is credited to the shop's account. Settlement of credit card and PayPal transactions is carried out through the Payment Operator specified in section 4.

Ordering a transfer or authorising a payment by card is not the same as booking the payment. The posting deadlines depend on the selected form of payment and result from the rules of the banking system. Orders are accepted until 10:00 a.m. on working days*. Orders placed after this hour are treated as placed on the following working day*.

Shipping times are different for each product/size and are indicated in the product details next to the "To cart" button and in the shopping cart when finalising the order. When products in one order have different shipping times, the entire order is sent in one shipment according to the longest shipping time.

*Business day - Monday to Friday excluding public holidays in the territory of the Republic of Poland and other exceptional dates specified by ESC at the top of the home page and the Basket page.

7. Delivery times to the Customer

- foreign shipments - 1-10 working days from the date of shipment.

The customer receives a waybill number to the email address provided and has the option to track the shipment himself on the supplier's website.

Shipments are delivered during the day, during the couriers' working hours. It is not possible to select a specific delivery time. According to courier company regulations, couriers are not obliged to contact you by phone before delivery. Couriers do not leave a paper advice note.

In case of non-delivery, the courier will make one redelivery attempt.

In the event of non-collection of the collection parcel by the Customer, for reasons on the Customer's side, when at the same time the Customer has neither made a declaration of withdrawal from the distance contract nor contacted the ESC, the order is automatically cancelled. Furthermore, ESC has the right to refuse subsequent orders with cash on delivery payment. In the case described in the preceding sentence, ESC shall inform the Customer of the need to pay in advance by the end of the next working day from the day the order was placed, and if the Customer fails to pay, the order shall be cancelled.

In the event that the Customer fails to collect a shipment previously paid for, for reasons attributable to the Customer, when at the same time the Customer has neither made a declaration of withdrawal from the distance contract nor contacted the ESC, the ESC may, at its discretion:
- request re-dispatch of the uncollected shipment after the Customer has paid the re-dispatch surcharge in the manner chosen by the Customer, or
- rescind the Contract and require a refund of the payment less the cost of delivery.

8. Complaint handling procedure

ESC undertakes to deliver the ordered items free of physical and legal defects within the time limits specified above. ESC shall be liable for defects in the products sold within 24 months from the date of delivery.

A consumer and a natural person who concludes a contract directly related to his/her business activity, when the content of that contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, shall have the right to lodge a complaint against defective goods on the basis of the warranty.

The customer is obliged to send back the defective goods at his own expense to the customer service of the online shop:
Masculo
Lakowa 7D
90-562 Lodz
Poland

If the complaint is accepted, ESC shall reimburse the Customer the cost of delivery of the goods. The cost of sending the product back to the Customer shall be borne by the ESC.

The ESC shall take a position on the complaint within 14 days from the date of delivery of the complained product to the online shop's service office. Failure to respond within this period shall mean that the complaint is deemed accepted by the ESC.

ESC shall consider a product not in conformity with the contract if its characteristics - description, type, quantity, quality, completeness, functional features or suitability for the general and common purpose for which such goods are usually used - are not in conformity with the order.

A customer making a complaint for the first time with regard to a specific ordered product may only demand repair or replacement of the goods with goods free from defects. If the ESC considers the complaint to be justified, it is the ESC's prerogative to decide either to repair or to replace the goods with defect-free goods. The exercise of the Customer's right to withdraw from the contract or make a declaration of price reduction is only possible if the ESC refuses to repair or replace the goods.

ESC informs that Customers who are consumers may make use of out-of-court means of dealing with complaints and claims (e.g. by referring the case with the consent of both parties to a permanent amicable consumer court), including through the ODR platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The ODR platform is an interactive website through which consumers can submit complaints, available at: http://ec.europa.eu/consumers/odr. When submitting a complaint, provide the trader's details - 

9. Withdrawal - return and replacement

Upon receipt of the goods, the consumer may inspect the nature, completeness, characteristics and functioning of the goods - but only as he would do in a stationary shop.

The consumer shall be liable for any diminution in the value of the goods resulting from behaviour that goes beyond what is necessary to get acquainted with the item (e.g. damage, soiling, detachment of the manufacturer's label that did not make it difficult to try the goods on).

The consumer has the right to withdraw from the contract within a further 30 days of receipt of the consignment.

The consumer may withdraw from the contract using, for example, the model withdrawal form (click to download). The consumer is obliged to send back the goods immediately, but no later than within 14 days from the date of the declaration of withdrawal, to the address of the online shop service office:
Masculo
Lakowa 7D
90-562 Lodz
Poland

The cost of returning the goods to the shop shall be borne by the Consumer.
ESC does not accept cash on delivery.
ESC shall refund to the Consumer the full value of the goods (excluding any compensation for diminution in value referred to above) and the cost incurred for the delivery of the goods from the shop to the Consumer, in the amount of the cheapest method of delivery available in the shop's offer on the date of the order.

The payment shall be reimbursed at the latest within 14 days from the date of receipt of the declaration of withdrawal from the contract, unless the shop has not received the returned goods or proof of postage by that time.

The refund will be made using the same method of payment:
- payment by card/PayPal - reimbursement through the Payment Operator to the bank account assigned to the payment card/PayPal;

If another form of return is chosen, the cost of return shall be borne by the Consumer.

The ESC additionally provides Consumers with the possibility to exchange the goods for another one time. This is a simplified procedure for withdrawing from the contract and concluding a new contract, with regard to the settlement of delivery costs. In this case, the cost of returning the item to the shop shall be borne by the Consumer. The cost of sending the new item to the Consumer shall be borne by the ESC.

For orders with personal collection, the same rules apply as for orders with dispatch.

The above-mentioned rights of the Consumer shall also apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

ESC does not accept the return or exchange of a product from other purchasers - who are not Consumers or natural persons concluding a contract directly related to their economic activity, when it follows from the content of this contract that it does not have a professional character for it, resulting in particular from the subject of its economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

10. Personal Data

The ESC is the controller of the Customer's personal data, and you can find full information on how and why your personal data is processed at: https://masculo.pl/privacy-policy.

 

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