The conclusion of the contract between the Buyer and the Seller can be done in two ways.
Before placing an order the Buyer has the right to negotiate any provisions of the agreement with the Seller, including changing the provisions of these terms and conditions. Such negotiations should be conducted in writing and sent to the Seller's address (Nails Imagination Anna Sikora, ul. Główna 8, 42-263 Huta Stara B).
If the Buyer renounces the possibility to conclude a contract through individual negotiations, the following regulations and relevant provisions of law shall apply.
REGULATIONS
§1 Definitions
1. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, flat or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
2. address of complaint:
Nails Imagination Anna Sikora
8 Główna street
42-263 Huta Stara B
3. Delivery price list - located at https://noriko-nails.pl/content/1-dostawa listing of available types of delivery and their costs.
Contact details:
Nails Imagination Anna Sikora
8 Główna street
42-263 Huta Stara B
e-mail: shop@noriko-nails.pl
phone: 696 785 978
5. Delivery - a type of transport service including the definition of the carrier and the cost listed in the price list of supplies located at https://noriko-nails.pl/content/1-dostawa .
6. Proof of purchase - an invoice, bill or receipt issued in accordance with the Act on Value Added Tax of 11 March 2004 as amended and other relevant provisions of law.
7. Product card - a single subpage of the shop containing information about a single product.
8. Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality but with legal capacity, making a purchase at the Seller's directly related to his business or professional activities.
9. Civil Code - the Civil Code Act of April 23rd 1964 as amended.
10. Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2(5) of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended. 11.
11. Consumer - an adult individual with full legal capacity, making a purchase with the Seller not directly related to their business or professional activities.
12. Basket - a list of products made from the products offered in the shop on the basis of the Buyer's choices.
13. Buyer - both Consumer and Customer.
14. Place of delivery - postal address or collection point indicated in the order by the Buyer.
15. Moment of delivery - the moment when the Buyer or a third party indicated by him for collection takes possession of the goods.
16. Payment - the method of payment for the subject of the contract and delivery listed at https://noriko-nails.pl/content/5-platnosc.
17. consumer law - the Consumer Rights Act of 30 May 2014.
18. product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's shop as a unit of measurement when determining its price (price/unit).
19. Contractual object - the products and delivery subject to the contract. 20.
20. Subject of performance - the subject of the contract.
21. Collection point - the place of delivery of items that is not a postal address, listed in the list provided by the Seller in the shop.
22. Item - a movable thing that can be or is the subject of the contract.
23. Shop - Internet service available at https://noriko-nails.pl/, through which the Buyer can place an order.
24. Seller:
Nails Imagination Anna Sikora
Główna 8 Street
42-263 Huta STara B
NIP: 573-247-78-56, REGON: 242764224,
registered and visible in the CEIDG register at:
https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/SearchDetails.aspx?Id=c4f7831f-eb71-4437-ab09-6b492d59f4a7
BANK ACCOUNT: 78 1050 1168 1000 0092 0728 3848 (ING)
25. System - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for the given type of network, commonly referred to as the Internet.
26. lead time - the number of hours or working days specified on the product card.
27.Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
28.Defect - both a physical defect and a legal defect.
29. Physical defect - non-compliance of the sold thing with the agreement, in particular if the thing:
a. does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b. it does not have properties, about the existence of which the Seller assured the Consumer,
c. it is not fit for the purpose, about which the Consumer informed the Seller at the conclusion of the agreement, and the Seller did not make any reservations as to such purpose;
d. it has been given to the Consumer in an incomplete state;
e. in the event of incorrect assembly and start-up, if these activities have been performed by the Seller or a third party for which the Seller assumes liability, or by the Consumer who acted in accordance with the instructions received from the Seller;
f. it does not have the properties, which were assured by the manufacturer or his representative or the person, who introduces the thing into circulation within the scope of his business activity and the person, who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know these assurances and, judging reasonably, could not have known or they could not have influenced the Consumer's decision to conclude the agreement, or when their content has been corrected before the conclusion of the agreement.
30. legal defect - the situation when the sold thing is the property of a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the thing results from the decision or ruling of a competent authority.
31. order - a declaration of intent by the Buyer made through the shop, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer's data and aiming directly at concluding an agreement between the Buyer and Seller.
§2 General conditions
1. The agreement is concluded in the Polish language, in accordance with Polish law and these Regulations.
2. The place of delivery of the items must be located in the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.
4. All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. Any time limits are calculated in accordance with Article 111 of the Civil Code, which means that the time limit set in days ends with the expiry of the last day, and if the beginning of the time limit set in days is an event, the day on which the event occurred is not included in the calculation of the time limit.
6. Confirmation, making available, recording, securing all material provisions of the contract for future access to such information shall take the form of:
a. confirmation of the order by sending to the indicated e-mail address: a. order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version, model withdrawal form in pdf version, links to download the terms and conditions and model withdrawal from the contract;
b. attach to the completed order, sent to the designated place of delivery of the goods, printed copies of: the proof of purchase, information on the right of withdrawal, these terms and conditions, model withdrawal form.
7. Seller informs about known warranties given by third parties for the products in the shop.
8. The Seller does not charge any fees for communication with him with the use of means of distance communication, and the Buyer shall pay its costs in the amount resulting from the agreement concluded with a third party providing him with a particular service enabling remote communication.
9. The Seller ensures that the Buyer using the system correct operation of the shop in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the shop, so in order to obtain full functionality of shop.astonishing-nails.pl, you should disable them all.
10. Buyer can take advantage of the option to remember his data by the shop to facilitate the process of placing another order. For this purpose, the buyer should provide a login and password necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer may at any time inspect, correct, update .
10. Buyer can use the option of saving his data by the shop to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorised access by third parties. The buyer can at any time inspect, correct, update data and delete the account in the shop.
11. Seller applies to the code of good practice.
12. The buyer is obliged to:
a. not to provide and not to transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
b. to use the shop in a manner that does not interfere with its functioning, in particular by using specific software or devices,
c. not to take actions such as sending or posting unsolicited commercial information (spam) within the shop,
d. to use the shop in a manner not burdensome for other buyers and the Seller,
e. to use any content of the shop only for his own personal use,
f. to use the shop in a manner compliant with the provisions of the law in force in the Republic of Poland, with the provisions of the regulations,
as well as with the general principles of netiquette.
§3 Contract conclusion and performance
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
a. adding the product to the basket;
b. select the type of delivery;
c. choose the type of payment;
d. choice of place of delivery;
e. placing an order in the shop by using the button "Order with obligation to pay".
3. The conclusion of the contract with the Consumer takes place at the time of order.
4. Implementation of the Consumer order paid cash on delivery takes place immediately, and the order paid by transfer or via electronic payment system after crediting the payment of the Consumer on the account of the Seller, which should take place within 30 days from ordering, unless the Consumer was unable to fulfill the service due to no fault of his own and informed the Seller about it.
5. Conclusion of the contract with the Consumer is when the order is accepted by the Seller, of which he informs the Consumer within 48 hours after placing the order.
6. Implementation of the Customer's order paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via electronic payment system after the conclusion of the contract and booking the payment of the Customer on account of the Seller.
7. Implementation of the Customer's order may be subject to payment of all or part of the order value or to obtaining merchant credit limit of at least the order value or Seller's consent to send orders on delivery (paid on delivery).
8. The subject of the contract shall be dispatched within the period specified in the product card, and for orders consisting of multiple products within the longest period specified in the product cards. The deadline begins when the order is completed.
9. The purchased subject of the contract shall be sent, together with a sales document selected by the Buyer, by a type of delivery to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.
§4 Right of withdrawal
1. The consumer, pursuant to Article 27 of Consumer Law has the right to withdraw from the remote contract, without giving any reason and without bearing costs, except for the costs set out in Article 33, Article 34 of Consumer Law.
2. The deadline for withdrawal from the remote contract is 14 days from the date of issue of the item, and to keep the deadline it is sufficient to send a statement before its expiry.
3. Declaration of withdrawal The Consumer may submit a statement of withdrawal on the form, a specimen of which is Appendix No. 2 to the Consumer Law, on the form available at sprawdzonysklep.pl/formularz-zwrotu or in another form in accordance with the Consumer Law.
4. The Seller will promptly confirm to the Consumer via e-mail (provided at the conclusion of the contract and another if it has been provided in the submitted statement) the receipt of notice of withdrawal from the contract.
5. In the case of withdrawal from the contract, the contract is considered as not concluded.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date when you withdraw from the contract. To keep the deadline is sufficient to send back the item before its expiry.
7. The consumer sends back things that are the subject of the contract from which he has withdrawn at his own expense and risk.
8. The consumer shall not bear the cost of delivery of digital content which is not recorded on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving such consent, or the trader has not provided confirmation in accordance with Articles 15 (1) and 21 (1) of the Consumer Law.
9. The consumer is responsible for diminution of the value of the item being the subject of the contract and resulting from using it in a manner beyond that necessary to determine the nature, characteristics and functioning of the thing.
10. The Seller shall immediately, no later than within 14 days from the date of receipt of notice of withdrawal from the contract filed by the Consumer will return to the Consumer all payments made by him, including the costs of delivery of the item, and if the Consumer has chosen a method of delivery other than the least expensive ordinary delivery method offered by the Seller, the Seller will not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
11. The Seller shall reimburse payment using the same method of payment as the Consumer used, unless the Consumer expressly agreed to another way of payment, which does not involve any costs to him.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides evidence of its return, whichever event occurs first.
13. The Consumer in accordance with Article 38 of the Consumer Law has no right to withdraw from the contract:
a. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the deadline for withdrawal;
b. in which the subject of the performance is a thing not prefabricated, produced to the specification of the consumer or serving to meet his individual needs;
c. in which the object of performance is a perishable item or an item with a short shelf life;
d. in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
e. in which the subject matter of the performance are things which after delivery, due to their nature, become inseparably connected with other things;
f. in which the subject matter of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;
g. for the supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal;
h. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
§5 Warranty
1. Seller under Article 558 § 1 of the Civil Code completely excludes liability to customers for physical and legal defects (warranty).
2. Seller is responsible to the Consumer under the terms of Article. 556 Civil Code and subsequent for defects (warranty).
3. In the case of a contract with the Consumer if the physical defect was found before the expiry of a year from the moment of release of things, it is assumed that it existed at the moment of passing of danger to the Consumer.
4. If the sold thing has a defect, the Consumer may:
a. make a statement on requesting a price reduction;
b. make a declaration on withdrawal from the agreement;
unless the Seller shall immediately and without undue inconvenience to the Consumer replace the defective thing for one free from defects or remove the defect. However, if the item has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the item with a defect-free item or remove the defect, the Consumer does not have the right to replace the item or remove the defect.
5. The consumer may instead of the removal of defects proposed by the Seller to require replacement of the item for defect-free or instead of replacement of the item to require removal of defects, unless bringing the item to conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, while assessing the excess of costs shall take into account the value of the defect-free item, the type and importance of the defect, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
6. The consumer may not withdraw from the contract if the defect is insignificant.
7. The consumer if the sold thing has a defect, may also:
a. demand to replace the thing with a defect-free one;
b. require the removal of defects.
8. The Seller is obliged to replace the defective item to free from defects or remove the defect within a reasonable time without undue inconvenience for the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if bringing the defective goods to conformity with the contract in a manner chosen by the Buyer is impossible or in comparison with other possible ways to bring the goods to conformity with the contract would require excessive costs.
10. In the case where the defective item has been installed, the Consumer may request the Seller to dismantle and reassemble it after the exchange for defect-free goods or removal of defects, but shall bear part of the related costs exceeding the price of the sold thing or may request the Seller to pay part of the costs of dismantling and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform this obligation, the Consumer is entitled to perform these actions at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty, shall be obliged at the Seller's expense to deliver the defective item to the complaint address, and if due to the nature of the item or the way it is installed the delivery of the item by the Consumer would be too difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
12. The cost of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept from the Consumer defective item in the event of replacement of the item to a defect-free or withdrawal from the contract.
14. The Seller within fourteen days shall respond to:
a. statement on request for price reduction;
b. a declaration of withdrawal from the contract;
c. request to replace the item with a defect-free item;
d. a request to remove the defect.
Otherwise, it is considered that recognized as reasonable the statement or demand of the Consumer.
15. The Seller shall be liable under the warranty if the physical defect is found before the expiry of two years from the date of release of the item to the Consumer, and if the subject of the sale is a used item before the expiry of a year from the date of release of the item to the Consumer.
16. Consumer's claim to remove the defect or replacement of the sold thing to a defect-free shall expire after a year, counting from the date of finding the defect but not before the expiry of two years from the moment of release of the thing to the Consumer, and if the subject of the sale is a used thing before the expiry of a year from the moment of release of the thing to the Consumer.
17. In the event that the term specified by the Seller or the manufacturer of the item expires after two years from the moment of handing over the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period.
18. Within the time limits specified in § 5 points 15-17 the Consumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and if the Consumer has requested replacement of the thing to be free from defects or removal of defects, the period for submission of a statement of withdrawal from the contract or reduction in price starts when the ineffective passage of time to replace the thing or remove the defect.
19. If one of the rights under the warranty is pursued before a court or arbitration court, the time limit for exercising other rights, to which the Consumer is entitled under this title, shall be suspended until the final outcome of the proceedings. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled starts running from the date of refusal by the court to approve the settlement reached before the mediator or ineffective termination of mediation.
20. The exercise of rights under the warranty for legal defects of the sold thing shall be governed by § 5 points 15-16, except that the period begins on the date on which the Consumer learned of the existence of a defect, and if the Consumer learned of the existence of a defect only as a result of third party action - from the date on which the judgment issued in the dispute with the third party became final.
21. If, due to a defect in the goods, the Consumer made a statement on withdrawal from the contract or reduction in the price, he may demand compensation for the damage, which he suffered by the fact that he concluded the contract, not knowing about the existence of a defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of costs of conclusion of the contract, the costs of collection, transportation, storage and insurance of goods, reimbursement of made expenditures to the extent that he did not benefit from them, and did not receive their reimbursement from the third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules.
22. The expiry of any time limit for determining the defect shall not exclude the exercise of rights under the warranty if the Seller deceitfully concealed the defect.
23. The Seller, if he is obliged to provide a service or financial performance for the Consumer, shall perform it without undue delay, no later than the period provided for by law.
§6 Privacy policy and personal data security
1. The administrator of the personal data submitted by consumers of the shop is the Seller.
2. Seller undertakes to protect personal data in accordance with the Act of August 29, 1997 on the protection of personal data and the Act of 18 July 2002 on electronic services. Buyer by giving his personal data when placing an order to the Seller agrees to be processed by the Seller in order to fulfill the order. Buyer can at any time inspect, correct, update and delete their personal data.
3. Detailed rules for the collection, processing and storage of personal data used to carry out orders by the shop are described in the Privacy Policy, which can be found at: https://noriko-nails.pl/content/2-polityka
§7 Final provisions
1.None of the provisions of these Regulations is intended to violate the rights of the Buyer. Nor can it be interpreted in this way, because in the case of any part of the regulations being inconsistent with applicable law, the Seller declares his unconditional compliance and application of this law in place of the challenged provision of the regulations.
2. Registered buyers will be notified about changes to the regulations and their scope by e-mail (to the e-mail address indicated during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Amendments will be made in order to adapt the regulations to the current legal status.
3. The current version of the rules is always available to the Buyer in the bookmark Rules and Regulations (https://noriko-nails.pl/content/3-regulamin-sklepu). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the regulations accepted by him when placing the order. Except for a situation where the Consumer considers it less favourable than the current one and informs the Seller about choosing the current one as binding.
4. In matters not covered by these terms and conditions, the relevant applicable laws shall apply. Any disputable issues, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU online ODR platform available at http://ec.europa.eu/consumers/odr/. As a last resort, the case shall be decided by a court of competent jurisdiction.
Version 13.1 (Huta Stara B, 20.01.2016)