Rules

defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – Act of April 23, 1964, Civil Code.
Consumer – consumer as defined by the provisions of the Civil Code.
Account – a free function of the Store regulated by separate terms and conditions (a service provided electronically), thanks to which every entity using the Store can set up their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to their business activity, but which is not of a professional nature for them.
Regulations – these regulations.
Store – the online store noszesztuke operated by the Seller at http://noszesztuke.com.
Seller – Entrepreneurs entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs and maintaining the Central Register and Information on Economic Activity:

  1. Natalia Jakowska, Tax Identification Number (NIP) 8471628854, Statistical Number (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner
  2. Adam Kościński, Tax Identification Number (NIP) 8471628854, Statistical Number (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner

operating as a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna with its registered office at ul. Okrzei 12, 19-500 Gołdap, Tax Identification Number (NIP) 8471628854, Statistical Number (REGON) 523819399.
Digital Content – data produced and supplied in digital form.
Consumer Rights Act – Act of May 30, 2014, on Consumer Rights.

The provisions of the Regulations concerning products apply to both movable goods (products) and Digital Content.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Okrzei 12, 19-500 Gołdap
  2. Email address: noszesztuke.sales@gmail.com
  3. Phone: 518 198 080

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, the following are required:
    • a device with Internet access
    • a web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 PURCHASES IN THE STORE

  1. The product prices visible in the Store are the total prices for the product.
  2. The Seller notes that the total price of an order consists of: the price for the product and, if applicable, the shipping costs, as indicated in the Store.
  3. The selected product to be purchased must be added to the shopping cart in the Store.
  4. Next, the Buyer selects the shipping method and payment method for the order from the options available in the Store, and also provides the data necessary to fulfill the placed order.
  5. The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

  1. Payment for the placed order can be made, depending on the Buyer's choice, by:

    • standard bank transfer to the Seller's bank account,

    • payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro,
    • via the Shopify Payments platform, which supports, among others: BLIK, payment cards (Visa, MasterCard, Maestro), Apple Pay, Google Pay, Klarna, Przelewy24,

    • cash on delivery, i.e., cash payment at the time of delivery of the goods to the Buyer,

    • cash payment at the time of personal pickup of the goods.

  2. The entity providing online payment processing services within Shopify Payments is Shopify International Limited, 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.

  3. If the Buyer chooses advance payment, the order must be paid for within 7 Business Days from the date of placing the order.

  4. The Seller informs that for payment methods where the fields for entering data necessary to complete the payment appear immediately after placing the order (e.g., BLIK, Apple Pay, Google Pay), payment for the order is only possible immediately after it is placed.

  5. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

  1. The order fulfillment time is indicated in the Store and depends on the nature of the ordered product, in particular whether the product is made to individual order.
  2. Products offered in the Store may be:
    1. made to the Buyer's individual order and adapted to their specifications, especially regarding size, length, color, or other product features (non-prefabricated products),
    2. available ex-stock (warehouse products).
  3. In the case of advance payment, the Seller proceeds with the order fulfillment after payment is received.
  4. In the case of an order including products with different fulfillment times, the order will be fulfilled within the time appropriate for the product with the longest fulfillment time.
  5. Products purchased in the Store are delivered – depending on the delivery method chosen by the Buyer:
    1. via a courier company,
    2. to InPost parcel lockers,
    3. electronically – to the email address provided by the Buyer (in the case of Digital Content).
  6. The Buyer may pick up the goods in person at the company's registered office during its opening hours.
  7. In the case of personal pickup, the goods will be ready for pickup within the order fulfillment time indicated in the Store.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

Custom-made products

  1. In the case of non-prefabricated products, made according to the Buyer's individual specifications, the right of withdrawal from the contract may be excluded in accordance with Article 38 of the Consumer Rights Act.

  2. Notwithstanding the above, the Seller may individually agree to accept returns of custom-made products within 7 days of delivery.

Products available ex-stock

  1. In the case of products available ex-stock (marked in the Store as shipped within 2 days), which are not custom-made, the Buyer who is a consumer has the right to withdraw from the contract within 14 days from the date of delivery of the shipment, without giving any reason.
  2. The period for withdrawal from the contract begins:
    1. from the day on which the Buyer took possession of the goods,
    2. in the case of multi-part orders – from the day of receipt of the last product.
  3. To exercise the right of withdrawal from the contract, the Buyer should inform the Seller of their decision through an unequivocal statement (e.g., email or return form).
  4. To meet the deadline, it is sufficient to send the statement before its expiry.
  5. The Buyer should return the goods without delay, no later than 14 days from the day of notification of withdrawal from the contract, to the address indicated by the Seller.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

  1. In the event of effective withdrawal from the contract, the Seller shall refund to the Buyer all payments received, including delivery costs (with the exception of additional costs resulting from the Buyer's choice of a more expensive delivery method), no later than 14 days from the date of receipt of information about the withdrawal from the contract.
  2. Refunds will be made using the same payment methods as those used in the original transaction, unless the Buyer agrees to another solution.
  3. The Seller may withhold the refund until receipt of the returned goods or provision of proof of their return – whichever occurs first.
  4. The Buyer bears the direct costs of returning the goods.

§ 8 CONDITIONS FOR ACCEPTING RETURNS

  1. A condition for accepting a return is the return of the product in an unchanged state, not exceeding what is necessary to ascertain its nature, characteristics, and functioning.
  2. In particular, the returned product must not:
    1. have been worn beyond trying on,
    2. be soiled,
    3. show signs of use or damage,
    4. be missing original tags or security features.
  3. The Buyer is responsible for any reduction in the value of the goods resulting from their use in a manner exceeding what is necessary to ascertain their nature, characteristics, and functioning.
  4. In the event of deterioration of the product's condition, the Seller reserves the right to:
    1. reduce the refund amount by the value of the product's depreciation, including the costs of restoring it to a condition suitable for resale (e.g., cleaning),
    2. refuse to accept the return in the event of significant deterioration of the product's condition.
  5. Returns submitted after the deadline will not be processed.

§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right of withdrawal from the contract does not apply to contracts:
    1. for the supply of non-prefabricated goods, made to the Buyer's specifications,
    2. for the supply of goods that deteriorate quickly,
    3. for the supply of sealed goods that cannot be returned after opening due to hygiene reasons,
    4. for the supply of digital content if the performance has begun with the Buyer's consent.

COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract, as provided by generally applicable legal provisions, including especially the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Regulations.
  3. If a warranty has been granted for a product, information about it, as well as its terms, is available in the Store.
  4. Complaints regarding the operation of the Store should be sent to the email address indicated in § 2 of the Regulations.
  5. The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In the event of non-conformity of the goods with the contract, the Privileged Buyer has the option to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for the non-conformity of the goods with the contract, existing at the time of their delivery and revealed within two years from that time, unless the expiry date of the goods for use, determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
    3. Based on the provisions of the Consumer Rights Act, the Privileged Buyer may in each case demand:
      1. exchange of goods,
      2. repair of goods.
    4. Additionally, the Privileged Buyer may submit a statement about:
      1. price reduction,
      2. withdrawal from the contract
      in a situation where:
      • The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d para. 2 of the Consumer Rights Act;
      • The Seller failed to bring the goods into conformity with the contract in accordance with Article 43d para. 4-6 of the Consumer Rights Act;
      • the non-conformity of the goods with the contract still exists, despite the Seller's attempts to bring the goods into conformity with the contract;
      • the non-conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedies specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
    5. In the case of goods subject to repair or exchange, the Privileged Buyer should make these goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
    6. The Privileged Buyer may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
    7. In the event of withdrawal from the contract, as referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the address ul. Okrzei 12, 19-500 Gołdap. The Seller shall refund the price to the Privileged Buyer immediately, no later than within 14 days from the date of receiving the goods or proof of their return.
    8. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receiving the Privileged Buyer's statement about the price reduction.
  2. Digital Content
    1. In the event of improper performance by the Seller of the contract for the supply of Digital Content, the Privileged Buyer has the option to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
    2. If the Seller has not supplied Digital Content, the Privileged Buyer may call on the Seller to supply it. If, despite this, the Seller fails to supply the Digital Content immediately or within an additional period expressly agreed upon by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
    3. The Privileged Buyer may withdraw from the contract without calling for the supply of Digital Content if:
      • it is clear from the Seller's statement or circumstances that the Seller will not supply the Digital Content or
      • the Privileged Buyer and the Seller have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the supply of Digital Content was essential to the Privileged Buyer, and the Seller failed to supply it by that deadline.
    4. The Seller is liable for the non-conformity of the Digital Content with the contract that existed at the time of its supply and became apparent within two years from that time.
    5. If the Digital Content is not in conformity with the contract, the Privileged Buyer may demand that it be brought into conformity with the contract.
    6. Additionally, if the digital content is non-compliant with the contract, the privileged Buyer may submit a declaration of:
      1. price reduction,
      2. withdrawal from the contract,
      provided that:
      • bringing the digital content into compliance with the contract is impossible or requires excessive costs as per Article 43m(2) and (3) of the Consumer Rights Act;
      • the Seller has not brought the digital content into compliance with the contract within a reasonable time from the moment the privileged Buyer informed the Seller about the non-compliance, and without excessive inconvenience for the privileged Buyer, considering their nature and purpose for which they are used;
      • the non-compliance of the digital content with the contract persists, even though the Seller attempted to bring the digital content into compliance with the contract;
      • the non-compliance of the digital content with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedy specified in Article 43m of the Consumer Rights Act (i.e., a demand to bring the digital content into compliance with the contract);
      • it clearly results from the Seller's statement or circumstances that the Seller will not bring the digital content into compliance with the contract within a reasonable time or without undue inconvenience for the privileged Buyer.
    7. The privileged Buyer cannot withdraw from the contract based on the previous provision if the digital content is provided in exchange for payment, and the non-compliance of the digital content with the contract is insignificant.
    8. The Seller is obliged to return to the privileged Buyer the price due as a result of exercising the right to withdraw from the contract, referred to in this section (regarding Digital Content), or a price reduction, without undue delay, no later than 14 days from the date of receipt of the privileged Buyer's declaration of withdrawal from the contract or price reduction.
    9. The Seller will refund the price using the same method of payment as used by the privileged Buyer, unless the privileged Buyer has expressly agreed to another method of refund that does not incur any costs for them.
  3. Out-of-court complaint and claim resolution methods
    1. If the complaint procedure does not bring the desired result for the Consumer, the Consumer may use, among others:
      1. mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. assistance from the regionally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free assistance from a municipal or district consumer ombudsman;
      4. the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. To avoid doubt, the Seller notes that for the Seller's liability towards a Buyer other than a privileged Buyer, related to a complaint, the provision of § 11 para. 5 applies.


    IV. EXCLUSION OF WARRANTY

    1. In the event of a defect in the goods, a Buyer other than a privileged Buyer may complain about the defective goods based on the warranty regulated in the Civil Code.
    2. In accordance with the Civil Code, a Buyer who is an entrepreneur other than a privileged Entrepreneur loses their rights under the warranty if they did not examine the goods at the time and in the manner customary for goods of this kind and did not immediately notify the Seller of the defect, and if the defect became apparent only later – if they did not notify the Seller immediately after its discovery. Sending a notification of the defect before the expiry of the aforementioned deadline is sufficient to comply with it.
    3. Using the warranty, a Buyer other than a privileged Buyer may, on the principles specified in the Civil Code: a. submit a declaration of price reduction, b. in the event of a significant defect – submit a declaration of withdrawal from the contract, c. demand replacement of the goods with defect-free ones, d. demand removal of the defect.
    4. If it turns out that for the complaint to be considered, it is necessary to deliver the defective goods to the Seller, a Buyer other than a privileged Buyer is obliged to deliver these goods to the address ul. Okrzei 12, 19-500 Gołdap.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The legal basis for processing personal data in this case is:
    • the contract or actions taken at the Buyer's request, aimed at its conclusion (Article 6(1)(b) of the GDPR),
    • the legal obligation imposed on the Seller related to accounting (Article 6(1)(c) of the GDPR) and
    • the Seller's legitimate interest, consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller ceases to be valid;
    2. the Seller's legal obligation to process the Buyer's data ceases;
    3. the possibility for the Buyer or Seller to pursue claims related to the contract concluded through the Store ceases;
    4. the Buyer's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Seller's legitimate interest
    – depending on what applies in a given case and what occurs last.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. data portability to another controller
      and also the right to:
    6. object at any time to the processing of data on grounds relating to the Buyer's particular situation – to the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
  7. If the Buyer considers that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

  1. It is forbidden for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and purpose of fulfilling the order.
  3. Contracts concluded on the basis of these Regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the Seller's registered office.
  5. All liability of the Seller towards a Buyer who is not a privileged Buyer, within the limits permitted by law, is excluded.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form, which the Consumer or privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM
(This form should be filled out and returned only if you wish to withdraw from the contract)

noszesztuke Natalia Jakowska Adam Kościński Civil Partnership
ul. Okrzei 12, 19-500 Gołdap
e-mail address: noszesztuke.sales@gmail.com

– I/We(*) …………………………………………………………… hereby inform you(*) of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*) / for the delivery of digital content in the form of(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

– Date of conclusion of the contract(*)/receipt(*)

…………………………………………………………………………………………………………………………………………………………

– Name and surname of the Consumer(s) / privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s) / privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s) / privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.

Account Regulations

at the noszesztuke store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Disclaimers

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Civil Code provisions.
Account – a free-of-charge Store function (service) regulated in the Regulations, through which the Service Recipient can create their individual account in the Store.
Service Recipient – any entity creating an Account or interested in creating an Account.
Privileged Service Recipient – a Service Recipient who is a Consumer or a natural person entering into a contract with the Service Provider directly related to their business activity, but not having a professional character for them.
Regulations – these Account Regulations.
Store – the noszesztuke online store operated by the Service Provider at http://noszesztuke.com
Service Provider – Entrepreneurs entered in the Central Register and Information on Economic Activity maintained by the minister competent for economy and maintaining the Central Register and Information on Economic Activity:

  1. Natalia Jakowska, Tax ID 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – civil partnership partner
  2. Adam Kościński, Tax ID 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – civil partnership partner

conducting business within a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership with its registered office at ul. Okrzei 12, 19-500 Gołdap, Tax ID 8471628854, REGON no. 523819399.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: ul. Okrzei 12, 19-500 Gołdap
  2. Email address: noszesztuke.sales@gmail.com
  3. Phone: 518198080

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, the following are required:
    • an active email account
    • a device with internet access
    • a web browser supporting JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the will of the Service Recipient.
  2. The Account provides the Service Recipient with additional functionalities, such as: reviewing the history of orders placed by the Service Recipient in the Store, checking the order status, or independently editing the Service Recipient's data.
  3. To create an Account, a relevant form in the Store must be filled out.
  4. Upon Account creation, an indefinite contract for Account maintenance is concluded between the Service Recipient and the Service Provider under the terms specified in the Regulations.
  5. The Service Recipient may resign from the Account at any time without incurring any costs.
  6. To resign from the Account, the Service Recipient must send their resignation to the Service Provider at the email address: noszesztuke.sales@gmail.com, which will result in the immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the email address noszesztuke.sales@gmail.com.
  2. The Service Provider will consider the complaint within 14 days.

    OUT-OF-COURT METHODS OF COMPLAINT AND CLAIM RESOLUTION
  3. If the complaint procedure does not bring the desired result for the Consumer, the Consumer may use, among others:
    1. mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance from the regionally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free assistance from a municipal or district consumer ombudsman;
    4. the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Service Recipient when using the Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of processing the Service Recipient's data is to maintain the Account. The legal basis for processing personal data in this case is the service contract or actions taken at the Service Recipient's request, aimed at its conclusion (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary for Account maintenance. Failure to provide data means that the Service Provider will not be able to provide the Account maintenance service.
  4. The Service Recipient's data will be processed until:
    1. the Account is deleted by the Service Recipient or the Service Provider at the Service Recipient's request
    2. the possibility of pursuing claims by the Service Recipient or the Service Provider, related to the Account, ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Service Provider's legitimate interest
    – depending on what applies in a given case and what occurs last.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. data portability to another controller
      and also the right to:
    6. object at any time to the processing of data on grounds relating to the Service Recipient's particular situation – to the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the President of the Personal Data Protection Office.

§ 7 DISCLAIMERS

  1. It is forbidden for the Service Recipient to provide unlawful content.
  2. The Account Agreement is concluded in Polish.
  3. In the event of important reasons referred to in paragraph 4, the Service Provider has the right to amend the Regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to legal provisions applicable to the Store's operations;
    2. improving the security of the provided service;
    3. a change in the functionality of the Account requiring modification of the Regulations.
  5. The Service Recipient will be informed of the planned change to the Regulations at least 7 days before the change takes effect, via an e-mail sent to the address assigned to the Account.
  6. If the Service Recipient does not accept the planned change, they should inform the Service Provider by sending an appropriate message to the Service Provider's e-mail address noszesztuke.sales@gmail.com, which will result in the termination of the Account agreement at the moment the planned change takes effect, or earlier if the Service Recipient requests it.
  7. If the Service Recipient does not object to the planned change before it comes into force, it is assumed that they accept it, which does not prevent the termination of the agreement in the future.
  8. In the event of any dispute with a Service Recipient who is not a privileged Service Recipient, the court competent for the Service Provider's registered office shall have jurisdiction.

Newsletter Regulations

of the noszesztuke store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions

§ 1 DEFINITIONS

Consumer – a consumer as understood by the provisions of the Act of April 23, 1964, Civil Code.
Newsletter – a service provided electronically free of charge, thanks to which the Service Recipient can receive previously ordered messages from the Service Provider electronically regarding the Store, including information about offers, promotions, and news in the Store.
Store – the noszesztuke online store operated by the Service Provider at http://noszesztuke.com
Service Recipient – any entity using the Newsletter service.
Privileged Service Recipient – a Service Recipient who is a Consumer or a natural person concluding an agreement with the Service Provider directly related to their business activity, but not of a professional nature for them.
Service Provider – Entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity:

  1. Natalia Jakowska, NIP 8471628854, REGON 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner
  2. Adam Kościński, NIP 8471628854, REGON 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner

operating as a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna with its registered office at ul. Okrzei 12, 19-500 Gołdap, NIP 8471628854, REGON 523819399.

§ 2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, a device with an internet browser in the latest version, supporting JavaScript and cookies, with access to the Internet, and an active e-mail account are required.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient when subscribing to the Newsletter.
  4. In order to conclude the agreement and subscribe to the Newsletter service, the Service Recipient first provides their e-mail address in the designated place in the Store, to which they wish to receive messages sent as part of the Newsletter. Upon subscribing to the Newsletter, an agreement for the provision of the service for an indefinite period is concluded, and the Service Provider will begin providing it to the Service Recipient – subject to paragraph 5.
  5. For the proper implementation of the Newsletter service, the Service Recipient is obliged to provide their correct e-mail address.
  6. Messages sent as part of the Newsletter will contain information about the possibility of unsubscribing, as well as a link to unsubscribe.
  7. The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in paragraph 6 or by sending a message to the Service Provider's e-mail address: noszesztuke.sales@gmail.com.
  8. The Service Recipient's use of the unsubscribe link from the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the agreement for the provision of this service.

§ 3 Complaints

  1. Complaints regarding the Newsletter should be submitted to the Service Provider at the e-mail address: noszesztuke.sales@gmail.com.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

    OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIMS ASSERTION
  3. If the complaint procedure does not yield the result expected by the Service Recipient who is a Consumer, the Consumer may use, among others:
    1. mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. the assistance of the regionally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free assistance from the municipal or district consumer ombudsman;
    4. the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

  1. The administrator of personal data provided by the Service Recipient in connection with the Newsletter subscription is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection – "GDPR".
  2. The purpose of processing the Service Recipient's data is to send the Newsletter. The basis for processing personal data in this case is the service agreement or actions taken at the Service Recipient's request aimed at its conclusion (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
  4. The Service Recipient's data will be processed until:
    1. the Service Recipient unsubscribes from the Newsletter;
    2. the possibility of asserting claims by the Service Recipient or the Service Provider related to the Newsletter ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted – if the basis for data processing was the legitimate interest of the Service Provider
    – whichever applies in a given case and whichever occurs last.
  5. The Service Recipient has the right to demand:
    1. access to their personal data,
    2. rectification of their data,
    3. erasure of their data,
    4. restriction of processing,
    5. data portability to another controller
      and also the right to:
    6. object at any time to the processing of data for reasons related to the Service Recipient's particular situation – to the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the President of the Personal Data Protection Office.

§ 5 Final Provisions

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is understood as the necessity to change the regulations due to the modernization of the Newsletter service or changes in legal provisions affecting the provision of the service by the Service Provider.
  2. Information about the planned change to the regulations will be sent to the Service Recipient's e-mail address provided when subscribing to the Newsletter at least 7 days before the changes come into effect.
  3. If the Service Recipient does not object to the planned changes before they come into effect, it is assumed that they accept them.
  4. In case of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address: noszesztuke.sales@gmail.com, which will result in the termination of the service agreement at the moment the planned changes come into effect.
  5. It is forbidden for the Service Recipient to provide unlawful content.
  6. The Newsletter service agreement is concluded in Polish.
  7. In the event of any dispute with a Service Recipient who is not a privileged Service Recipient, the court competent for the Service Provider's registered office shall have jurisdiction.