Please read these Online Store Rules in full before using the Website https://makeup.ae. The Online Store Rules define the general conditions and procedures for sales carried out by La Makeup Sp. z o.o. located in Warsaw, Poland, through the Online Store, as well as define the terms and conditions of the free electronic services provided by the Seller.
1.1. Working days are the days from Monday to Friday, excluding holidays.
1.2. Online Store - means a store that is presented in the form of a website working in the domain https://makeup.ae/en/ .
Supplier - a person or a company cooperating with the Seller in the process of delivery of Goods, delivery service provider offered when placing an order on the Online Store. The list of suppliers is available in the section “Shipping” on the Online Store.
1.3. Password - a sequence of letters, numbers or other symbols chosen by the Customer in the process of Registration in the Online Store, used to protect access to the Customer’s Account on the Online Store.
1.4. Customer - a natural person to whom services are provided in electronic form in accordance with the laws and regulations or on the basis of the Sales Agreement between the Customer and the Seller.
1.5. Customer’s Account - a separate page for each Customer, opened on their behalf by the Seller after the registration.
1.6. Rules - these Online Store Rules of the Online Store.
1.7. Registration - an action performed in accordance with these Rules, necessary for the Customer to use all the functions of the Online store.
1.8. Seller - La Makeup Sp. z o.o. with its head office in Warsaw (02-672), ul. Domaniewska 37, loc. 17.6, NIP: 5252636585, REGON: 363029583, mentioned in the register of entrepreneurs kept by the District Court in Warsaw, 12th Commercial Division of the National Court Register under the number KRS 0000587427, with a share capital of PLN 50,000; e-mail: [email protected] , who is also the owner of the online store and the administrator of the Online Store.
1.9. Goods - Goods presented by the Seller through the Online Store.
1.10. Sales Agreement - an agreement between the Customer and the Seller concluded remotely under the terms and conditions set forth in the Rules.
2. General Regulations and Use of the Online Store
2.1. In order to use the services provided by the Seller via the Online Store, the Customer shall have an active phone number and an active email account, which is required for Delivery purposes.
2.2. All rights to the Online Store, including copyrights, intellectual property rights for its name, its Internet domain, the Store website, as well as templates, forms, logos, posted on the Online Store (except logos and photos presented on the Online Store for the purpose of presenting products, the copyright of which belongs to third parties) belong to the Seller, and can be used in the way specified in accordance with the Rules and the Seller's consent expressed in writing.
2.4. The Seller is not allowed to provide illegal content, and the Customer is not allowed to use the Online Store or free services provided by the Seller, if it interferes with the law, decency or in case it influences the rights of third parties. The Customer shall not use the resources and functions of the Online Store to carry out actions that violate the interests of the Seller, which is, advertising activities of another Goods; placement of content not related to the activities of the Seller, or posting false or misleading content.
2.5. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of receiving and changing the Customer's data by unauthorized persons. Therefore, the Customer should use appropriate technical measures to minimize mentioned risks. In particular, the Customer should use anti-virus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to disclose the Password to its representatives or third parties.
3. Registration via the Online Store
3.1. In order to form orders on the Online Store, the Customer can go through the registration procedure and specify the necessary data according to the questionnaire. Registration is provided free of charge. Registration and creation of Customer’s Account is not required to place an order at the Online Store.
3.2. When registering via the Online Store, the Customer undertakes to provide true and accurate information about themselves and their contact details in order for the Online Store administration to fulfill its obligations and deliver the paid Goods to the Customer.
3.3. The Customer has the opportunity to read the Rules, accept and agree to its terms by submitting the registration form.
3.4. In the process of registration via the Online Store, the Customer indicates a login (his e-mail) and password, for the security of which the Customer is responsible. The Customer undertakes not to disclose to third parties the login and password specified during registration, keep these data in a place inaccessible to unauthorized persons. The Customer is solely responsible for all actions performed on their behalf, i.e. using their login and password.
3.5. After sending the completed registration form, the Customer will immediately receive a confirmation of registration from the Seller to the e-mail address indicated in the registration form. At this moment, an agreement is concluded, and the Customer obtains the opportunity to access the personal Account and make changes to the data provided during Registration.
4.1. The information published on the Online Store shall be deemed an offer of the Seller to Customers to conclude the Sale Agreement.
4.2. The Customer can place orders in the Online Store through the Online Store 24/7. To place an order through the Online Store, the Customer can select the Goods of interest. The Goods are added to the order by clicking the "BUY" button under the Goods presented on the Online Store, so that it appears in the "Shopping cart" section of the Online Store. After adding all Goods to the "Shopping Cart", specifying the delivery method and payment method in the "Shopping Cart", the Customer places an order by sending the order form to the Seller by clicking the "Checkout" button on the Online Store. By placing the order, the Customer confirms that the Customer is informed about the total cost of the selected goods and the delivery terms and price. By placing the order, the Customer accepts the Rules and concludes the Sales Agreement for the respective Goods with the Seller.
4.3. Upon receipt of the order, the Seller shall send the Customer an electronic order. The Seller sends the Customer an e-mail message (confirmation of acceptance), in which it indicates its registration data (if the Customer has registered a Customer Account), a link to these Rules, which are a legal agreement between the Parties, the price of the selected Goods and the possible method of payment and delivery with the indication of its cost, as well as information about all additional payments that the Customer must pay in accordance with the Sales Agreement.
4.4. The time of order processing and delivery will be determined only after the transaction has been approved by the payment providers and/or the bank. If the said approval has not been arranged within 5 working days from the date of receipt of the notice of refusal of the payment providers and/or bank to grant approval for the transaction, the Seller shall be entitled to cancel the order.
4.5. Orders placed by legal entities are not processed, unless otherwise expressly and specifically stated on the Online Store.
5.1. Prices on the Online Store are displayed in AED and include VAT, where applicable. The prices for the offered Goods are indicated on the Seller's Online Store at the time of ordering, and do not include delivery costs and any other costs that the Customer will be obliged to pay in accordance with the Sales Agreement. The Customer will get the details on such prices when choosing the method of delivery and payment, before placing an order.
5.2. The final price of the Goods including delivery may differ from the original price, depending on the chosen method and the region of delivery, and the Seller is not responsible for the change in the final price including delivery.
5.3. The Seller reserves the right to change the prices of Goods offered on the Online Store at any time and without prior notice, such changes will not affect orders already placed.
5.4. The Seller may grant discounts on the Goods offered on the Online Store, in accordance with the applicable laws and the rules established by the Seller. The rules applicable to such discounts are available where the discount is displayed. Discounts may be granted in various forms (e.g. promotions, loyalty discounts granted individually, as a result of participation in a contest or survey of Customers, etc.). Different types of discounts cannot be combined when ordering and purchasing the same Good. When the Customer returns a Good with the right to a refund for any reason, the price to be refunded shall be reduced by the amount of the discount applied to the Good, and only the amount actually paid shall be refunded.
6.1. The Customer can choose one of the available forms of payment on the Online Store for the ordered Products.
6.2. The Customer shall pay for the order the final price specified in the Sales Agreement immediately upon placing it via available forms of payment on the Online Store. If the Customer fails to pay the payment, an order will not be placed. The Customer should make only a full prepayment in order to place the order. In case the Customer does not make the payment, the Seller will send the Customer a cancellation declaration from the Agreement on data medium to the Customer's e-mail address, specified by the Customer during Registration.
6.3. If the Customer chooses a payment method involving a third party payment service provider, the Customer may be bound by the terms and conditions and/or fees of such a third party. The Seller shall not be liable if such third party payment method is unavailable or otherwise fails to work due to reasons beyond the Seller's control.
7.1. The Seller shall deliver within the territory of the United Arab Emirates.
7.2. The Seller shall deliver the Goods which are the subject of the Sales Agreement free from any defects.
7.3. The Seller provides information about the number of working days required for delivery and processing of the order on the Online Store.
7.4. The time of processing and delivery of the order indicated on the Online Store shall be counted in Working days.
7.5. The ordered Goods are delivered to the Customer via the Supplier to the address specified in the order form. If the delivery service provider is selected as the Supplier, the delivery address will be the address specified by the Customer when placing the order (selected as the delivery point available for the respective Supplier). A message confirming the shipment is sent by the Seller to the Customer’s email address.
7.6. The Customer is obliged to carefully inspect the delivered parcel in a manner permissible for parcels of this type. In case of damage or loss of the goods, the Customer is entitled to request the Supplier's employee to fill in the relevant protocol or otherwise submit a claim to the Supplier.
7.7. The Seller may send to the Customer’s email address an invitation to fill in the post-service question form. The questions are asked in order to study the Customer’s opinion about our services and goods. The Customer may fill out the form voluntarily.
8. Sending Samples & Healthcare Disclaimer
8.1. In addition to your orders, the Seller may send free samples of the Goods to selected Customers. The Seller reserves the right to select the Customer and offer them the option to receive a free consignment containing samples of fragrances and other cosmetic preparations according to the current offer of the Online Store for the purpose of trying out the products offered on the Online Store.
8.2. The Products sample selection is limited by our stock and the current offer on the Online Store.
8.3. The Seller may send to selected Customers free samples with the aim to inform the Customer of the offer on the Online Store, and their purpose is not to determine the quality or design according to the agreed sample. The sending free Goods samples by the Seller are free services of an advertising nature and do not constitute performance under the Sales Agreement. Therefore, no discrepancy in the sample sent shall establish rights under defective performance.
9. Termination of the Sales Agreement and replacement, return of goods
9.1. The Customer has the right to withdraw from the Sales Agreement without giving any reasons, without compensation or penalty within 14 days from receipt of the Goods by the Customer.
9.2. The term for withdrawal from the Sales Agreement shall be calculated from the moment when the Customer or a third party other than the Supplier chosen by the Customer begins to take possession of the Goods or, in the case of the Sales Agreement involving multiple Goods sold separately, in groups or in parts, from the moment when the Customer or the third party begins to take possession of the last Goods, group or part, or from the moment when the Customer receives the documents confirming the sale, whichever is later.
9.3. The Customer may withdraw from the Sales Agreement by filling out the appropriate termination form on the Online Store or by sending a letter of termination to the Seller. The Customer shall notify the Customer support service at [email protected], attaching photos of the Goods on which the barcode and batch code (if any) are clearly visible. More details are available in the “Returns & Exchanges” section, which is an integral part hereof.
9.4. The Seller shall promptly, but not later than 14 days from the date of receipt of the Customer’s application for withdrawal from the Sales Agreement, refund all payments made by the Customer. The Seller may withhold the refund of payments received from the Customer until the Goods are returned.
9.5. The Seller controls the return process and pays the shipping costs. If the Consumer exercising the right of cancellation has chosen a method of Goods delivery, other than the regular delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
9.6. The Customer agrees that the Goods purchased by him/her are not subject to exchange and return in the following cases:
a) More than 14 calendar days have passed since the moment of receipt of the Goods;
b) 14 calendar days have not passed from the moment of receipt of the Goods, but the Goods have been used, package integrity and/or completeness is broken, tags/price tags are missing, etc., or the Goods are in the list of goods that are not subject to return and exchange according to the applicable laws, namely sealed Goods that cannot be returned due to health or hygiene reasons, if they were opened after delivery.
9.7. The Customer is obliged to return the Goods at their own expense together with the receipt and/or invoice, if any, by handing them over to the Seller within 14 days from the date when the Customer exercised his right to withdraw from the Agreement.
9.8. Upon return, the Goods must be in their original packaging, without any traces of use and without damage to their marketability. The Customer is responsible for the Goods’ value reduction as a result of its use in an inappropriate manner, taking into account its characteristics and functioning.
9.9. In case of receipt of Goods with defects or goods that do not correspond to the ordered Goods, the Customer must notify the Seller within 30 days from the date of receipt of the Goods. In case of defect or non-conformity of the goods, the Customer may demand a refund, repair of the Goods, if the goods are repairable, or replacement with similar Goods.
9.10. When the Seller has incurred expenses in connection with the fulfillment of the Sales Agreement and the Customer withdraws from the Agreement, the Seller has the right to withhold the corresponding amount of the incurred expenses or demand their payment.
9.11. The Seller must reimburse the payment using the same method of payment that was used by the Customer, unless the Customer personally agreed to another method of return, which does not entail any costs for him.
9.12. If the Customer has made payment under the Sales Agreement by bank card or cash on delivery and has exercised their right to cancel the Agreement, the refund is made by ordering a reverse transaction on the card from which the payment was made or on the additional bank account provided within 14 working days from the moment of cancellation of the Sales Agreement.
9.13. Additional information about the possibility of returning goods can be found on the Online Store or requested from the Seller through the support service by e-mail: [email protected]
10. Warranties and claims
10.1. The Seller makes every effort to ensure that the Goods conform to the photographs and descriptions provided on the Online Store. Please note that certain colors may look different to the actual color of the Goods, when displayed on an electronic device. In some cases, Goods may vary from their pictures, but in any way, correspond to the declared description of the Goods on the Online Store. In addition, due to the Good’s rebranding, the packaging’s appearance may change. The Seller bears no responsibility for the appearance of product packaging by Suppliers.
10.2. The Seller does not represent or warrant that any particular Goods will be available. Notification that the Good is currently unavailable is indicated on the relevant page of the Online Store or after the order has been placed by the Customer.
10.3. The Seller ensures that the Goods are delivered free of physical and legal defects. The Seller accounts for the Goods delivered to the Customer if the Good has a physical or legal defect (the ‘Warranty’).
10.4. The Customer has the right to file a complaint about the Goods, regardless of whether the manufacturer or the Seller has provided a commercial warranty for the Goods.
10.5. When filing a complaint, the Customer may request a refund of the paid amount, removal of defect or replacement of the Goods with another one corresponding to the agreed one, or a deduction from the price.
10.6. The complaint shall be submitted in writing to the specified email address, by mail or delivered to the company's address. The Seller provides access to the complaint form at https://makeup.ae/en/feedback/.
10.7. When filing a complaint, the Customer specifies the subject of the complaint, their preferred method of satisfying the complaint, the amount requested, as well as the address, phone number and email for communication.
10.8. When filing a complaint, the Customer must also attach the documents on which the complaint is based, namely:
a) receipt or invoice;
b) protocols, acts or other documents (including photos) establishing the non-conformity of the goods with the agreed one;
c) other documents establishing the claim by reason and amount.
10.9. Filing a complaint does not constitute an obstacle to filing a claim.
10.10. If the Goods have any defects, the Customer is entitled to require the removal of the defect. In the event that the removal of a defect is impossible or unreasonable for us, the Customer may submit a request for a price reduction, replacement of the Goods with the similar one or cancellation of the Sales Agreement. Further, the complaints department deals with solving the issue and finding the best solution in each situation, for example, we may offer you a refund or a discount on the next purchase price. Unless stated otherwise, the Customer is entitled to use each available discount only once per purchase and cannot be combined.
10.11. Goods shall be considered defective, in particular, when they do not have the usual or presented properties, its characteristics do not correspond to the declared on the description on the Online Store, except for the cases specified in clause 10.1 hereof, do not serve their purpose, do not comply with statutory requirements or have not been delivered in the agreed quantity. Please note that an increased sensitivity or allergic reaction to the delivered goods cannot in itself be deemed a defect in the Goods. Likewise, shortcomings in the Goods samples we provide beyond the scope of your order do not constitute a defect.
10.12. The Customer who is entitled to the Warranty is obliged to deliver the defective Goods to the Seller's address at their own cost, unless they are consumers under the applicable law.
10.13. When the complaint is satisfied by replacing the Goods with another one corresponding to the agreed one, the Seller shall retain the original warranty conditions for the Customer.
10.14. Complaints about the goods may be made within a period provided by law. The Seller incurs liability under the Warranty if a physical defect is discovered within this period from the date of delivery of the Goods to the Customer, but this period cannot end before the expiration of date stated on the packaging, and if the Customer informs the Seller about the defects after the Customer receives the Goods or during the Goods examination when delivered by a third-party courier, unless otherwise is indicated on the packaging of the Goods. The claim for removing the defect or replacement of the Good with a Good without defects also expires in accordance with the expiration date stated on the packaging. During this period, the Customer can cancel the Sales Agreement or submit an application for a price reduction due to the defect found in the Goods. The Customer cannot request cancellation of the Sales Agreement if the Customer did not inform the Seller about the defects within the terms indicated in this clause.
10.15. The Seller no later than within 30 days from the date of the request receiving, consider the claim and provide the Customer with an answer.
10.16. The Customer cannot demand the termination of the Agreement if the non-conformity of the Goods with the Agreement is insignificant.
11. Manufacturer’s/Distributor’s Warranty
11.1. Products, sold by the Seller, may be covered by the Warranty provided by the manufacturer of the Goods or distributor.
11.2. In the case of Goods covered by a Warranty of such a type, information on the availability and content of the Warranty is shown each time on the Online Store.
11.3. The Warranty period varies in each case depending on the brand of the product and its manufacturer/distributor. Detailed information about the warranty can usually be found in the instructions for the Good or on its packaging.
12. Free Services
12.1. The Seller provides the Customers with free electronic services:
a) Contact Form;
c) Customer's Account;
12.2. At normal conditions the services are provided 24/7.
12.3. The Seller has the right to choose and change the type, form, time and method of providing access to the selected mentioned services, about which he will inform the Customers in accordance with clause 12.6 hereof.
12.4. The "Contact Form" service serves for sending a message to the Seller through the form available on the Online Store.
12.5. Cancellation of the free feedback service form is possible at any time and means stopping sending requests to the Seller.
12.7. The ‘Customer Account’ service is available after registration under the conditions described in the Rules, and means providing the Customer with a special page on the Online Store, allowing the Customer to change the data they provided during Registration, as well as to track the status of orders and order history, which have already been completed.
12.8. A registered Customer can submit a request to the Seller to delete the Customer's Account, but if the Seller requests to delete the Customer's Account, it can be deleted within 14 days from the date of the request.
12.9. The ‘Reviews’ service allows the Seller and Customers to publish on the Online Store individual subjective opinions of the Customers, in particular, regarding the Goods. To publish a review on the Online Store, the Customer must fill in their name, email address and text of the review in the appropriate form under the selected product. After preliminary verification by the Seller, the review will be published on the Online Store in the form in which the Customer sent it. If the Customer made the review via Customer’s Account, the Seller could verify whether this Customer bought a particular product. In this case, the Seller adds the mark to the Customer’s review “purchase verified” or similar wording. Cancelling the ‘Reviews’ Service is possible at any time and means that the Customer stops posting content on the Online Store.
12.10. The Seller has the right to block access to the Customer's Account and free services if the Customer acts in inappropriate way towards the Seller or other Customers, the Customer violates the applicable law or the provisions of the Rules, as well as when blocking access to the Customer's Account and free services are justified for security reasons – in particular: violation of the security of the Online Store or other hacking actions. Blocking access to the Customer's Account and free services for the above reasons lasts for the period necessary to resolve the issue, which is the basis for blocking access to the Customer's Account and free services. The Seller notifies the Customer of blocking access to his Account and free services electronically to the address specified by the Customer in the registration form.
12.11. The Customer enters into a contract for the provision of the abovementioned free services of the Seller at the moment of the first use of an Online Store, and may terminate it on the terms set out in section 16 of these Rules.
13. Seller's Responsibility in Content Posting
13.1. The content is posted on the Online Store by the Seller at its own discretion. The posted content does not express the personal views of the Seller and should not be equated with their activities. The Seller is not a content provider, but only a person who provides adequate resources for the purpose of running an Online Store.
13.2. The Seller declares that:
a) they have the right to use proprietary copyright, industrial property rights and/or related rights to the industrial property rights (for example, trademarks) and/or related rights that constitute the content;
b) the placement and sharing of the services specified in section 11 of the Rules, personal data, images and information about third parties is lawfully, voluntarily and with the consent of the persons they concern;
c) they agree to give an access to the published content for other Customers and Sellers, and also gives the right to use it for free in accordance with the provisions of these Rules;
d) gives consent to all the preparations within the law on copyright.
13.3. The Seller has no right to:
b) place an advertising content as part of the use of the services specified in section 12 of the Rules.
13.4. Customers are not allowed to publish content that, in particular, may:
a) be published with bad intentions, for example, with the intent to violate the personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations;
c) be offensive or pose a threat to other people, contain language that violates good manners (for example, using profanity or terms that are usually considered offensive);
d) contradict the interests of the Seller;
e) otherwise violate the provisions of the Rules, rules of conduct, applicable law, social or moral norms.
13.5. The Seller has the right to change or remove the content posted by the Customer as part of their use of the services specified in section 12 of the Rules, in particular with respect to content for which, based on reports from third parties or the relevant authorities have been determined that they may constitute a violation of these Rules or applicable law.
13.6. The Seller does not permanently control the posted content.
13.7. The Customers are prohibited from copying or otherwise using the content of the Online Store, unless for the purposes of placing an order with the Seller.
14. Intellectual Property
14.1. Intellectual property rights for all materials and resources posted on the Seller's Online Store (including available databases) are subject to protection in accordance with the copyright laws, belong to the Seller or a duly appointed person who has transferred the right of use to the Seller, and may not be used in violation of applicable law.
14.2. In case of copying or reproducing the information in excess of the permitted limits, as well as in case of any other infringement of intellectual property rights to the Seller's resources, the Seller shall be entitled to claim compensation for direct and indirect damage incurred in full.
14.3. Except as expressly agreed, the Customer may not reproduce, modify, delete, publish, distribute or otherwise publish information in any form posted on the Seller's Online Store.
15. Reporting Threats or Violations of Rights
15.1. If the Customer or another individual or legal person thinks that the content published on the Online Store violates their rights, personal rights, decency, feelings, morality, convictions, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation, may notify the Seller of a potential violation.
15.2. The Seller, notified of a potential violation, immediately removes the content that caused the violation from the Online Store.
16. Termination of the Rules
16.1. Both the Customer and the Seller may terminate the contract for the provision of electronic services (the ‘Contract’) at any time and without giving any reasons, taking into account the rights acquired by the other party prior to the termination of the abovementioned Contract and terms described below.
16.2. The Customer, who has registered, terminates the Contract by sending an appropriate declaration of will to the Seller, using any means of remote communication that allow the Seller to read the Customer's letter.
16.3. The Seller terminates the Contract by sending the Customer a corresponding letter to the email address specified by the Customer during the Registration process.
17. Protection of Personal Data
18. Change of the Rules
18.1. The Seller reserves the right to make changes to these Rules.
18.2. The Seller undertakes to notify Customers of any significant changes to these Rules within 7 days of the occurrence of this circumstance to the e-mail address specified by the Customer.
18.3. If the Customer does not agree with the changes to the Rules, the Customer has the right to withdraw from the Sales Agreement without giving reasons and without compensation or penalty. To exercise this right, the Customer must notify the Seller within 3 days of receipt of the notice in accordance with the previous clause.
18.4. If the Customer fails to exercise its right to withdraw from the Sales Agreement in the manner set out in these Rules, it shall be deemed that the change has been accepted by the Customer without objection.
19. Dispute resolution procedure
19.1. The Seller is responsible for non-performance or improper performance of the Sales Agreement.
19.2. In case of disputes arising under the concluded Sales Agreement, the Parties shall endeavor to resolve them through negotiations by email: [email protected]. The law applicable to the resolution of any dispute shall be the law of the United Arab Emirates.
19.3. In the event that the Seller and the Customer are unable to resolve the dispute by negotiation, the Customer may settle claims and damages through the Ministry of Economy on phone number: 800 1222. You may find more information on how to file a complaint with consumer protection authority following this link.
19.4. In the event that the Seller and the Customer are unable to settle the matter by the means mentioned above, the Seller and the Customer shall have the right to settle all disputes in the judicial procedure provided for by the laws of the United Arab Emirates.
19.5. The Rules are effective as of 16.11.2023