Rules
specifying, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer
CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Sample withdrawal form
§ 1 DEFINITIONS
Working days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – Act of 23 April 1964, Civil Code.
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which each entity using the Store can set up its own 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 his/her business activity, but not of a professional nature.
Regulations – these regulations.
Store – the noszesztuke online store run by the Seller at http://noszesztuke.com .
Seller – Entrepreneurs entered into the Central Register and Information on Economic Activity kept by the minister responsible for economic affairs and maintaining the Central Register and Information on Economic Activity:
- Natalia Jakowska, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
- Adam Kościński, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
conducting business activity within the framework of a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership with its registered office at ul. Okrzei 12, 19-500 Gołdap, NIP 8471628854, REGON number 523819399.
Digital content – data produced and delivered in digital form.
Consumer Rights Act – Act of 30 May 2014 on consumer rights.
The provisions of the Regulations regarding products apply to both movable items (goods) and Digital Content.
§ 2 CONTACT WITH THE SELLER
- Postal address: ul. Okrzei 12, 19-500 Gołdap
- Email address: noszesztuke.sales@gmail.com
- Phone: 518 198 080
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, you need:
- a device with Internet access
- a web browser that supports JavaScript and cookies.
- To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.
§ 4 SHOPPING IN THE STORE
- The product prices displayed in the Store are the total prices for the product.
- The Seller points out that the total price of the order consists of the price of the product indicated in the Store and, if applicable, the costs of delivery of the goods.
- The product you choose to purchase should be added to the cart in the Store.
- Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and provides the data necessary to complete the placed order.
- The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
- Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
- The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each possible order.
§ 5 PAYMENTS
-
The placed order can be paid for, depending on the Buyer's choice:
• by regular transfer to the Seller's bank account,
• using a payment card: Visa Visa Electron MasterCard MasterCard Electronic Maestro,• via the Shopify Payments payment platform, which supports, among others: BLIK, payment cards (Visa, MasterCard, Maestro), Apple Pay, Google Pay, Klarna, Przelewy24,
• cash on delivery, i.e. in cash upon delivery of the goods to the Buyer,
• in cash upon personal collection of the goods. -
The online payment processing entity for Shopify Payments is Shopify International Limited, 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
-
If the Buyer chooses to pay in advance, the order must be paid for within 7 Business Days of placing the order.
-
The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order (e.g. BLIK, Apple Pay, Google Pay), payment for the order is only possible immediately after placing it.
-
By making a purchase in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw this acceptance.
§ 6 ORDER FULFILLMENT
- The order completion date is indicated in the Store.
- If the Buyer has chosen to pay for the order in advance, the Seller will start processing the order after it has been paid.
- If the Buyer has purchased products with different delivery times within one order, the order will be completed within the time appropriate for the product with the longest delivery time.
- Countries in which delivery is made:
- Poland
- Germany
- Great Britain
- Netherlands
- Norway
- Lithuania
- Products purchased in the Store are delivered – depending on the delivery method chosen by the Buyer:
- via courier;
- to InPost parcel lockers;
- electronically, to the e-mail address provided by the Buyer when placing the order – in the case of Digital Content.
- The buyer may collect the goods in person at the company's headquarters during its opening hours.
- If the Buyer chooses personal collection, the goods will be ready for collection on the indicated order completion date.
§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
- The deadline for withdrawal from the contract expires after 14 days from the date of:
- on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
- on which the privileged buyer has taken possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the privileged buyer, has taken possession of the last goods, batch or part in the case of a contract requiring the transfer of ownership of multiple goods that are delivered separately, in batches or in parts;
- conclusion of a contract – in the case of a contract for the supply of Digital Content.
- In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
- The privileged buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
- In order to meet the withdrawal period, it is sufficient for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the expiry of the withdrawal period.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT - In the event of withdrawal from the concluded contract, the Seller shall return to the Privileged Buyer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Privileged Buyer's choice of a method of delivery other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the contract.
- The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
- If the Seller has not offered to collect the goods from the Privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with proof of their return, whichever occurs first.
- The Seller requests that the goods be returned to the following address: ul. Okrzei 12, 19-500 Gołdap immediately, and in any event no later than 14 days from the date on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
- The privileged buyer bears the direct costs of returning the goods.
- The privileged buyer is only liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be returned by standard post, the Preferred Buyer will also be responsible for the direct costs of returning the goods. The Preferred Buyer will be informed of the estimated amount of these costs by the Seller in the product description in the Store or when placing the order.
- If there is a need to refund funds for a transaction made by a privileged Buyer with a payment card, the Seller will make a refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply in relation to a contract:
- in which the subject of the provision is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
- where the subject of the service is a good that spoils quickly or has a short shelf life;
- where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
- where the subject of the provision are goods which, due to their nature, are inseparably connected with other things after delivery;
- where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
- for the supply of Digital Content for which the Preferred Buyer is obliged to pay the price if the following conditions are met:
- The Seller commenced performance with the express and prior consent of the Privileged Buyer;
- The privileged buyer was informed before the commencement of the performance that after the Seller has fulfilled the performance, he will lose the right to withdraw from the contract and has acknowledged this;
- The Seller provided the Privileged Buyer with lawful confirmation of the conclusion of the distance contract, including information about the above-mentioned consent, on a durable medium within a reasonable time after the conclusion of the contract, but no later than before the commencement of the provision of the service.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
- The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
- The Seller requests that complaints be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
- If a warranty has been granted for the product, information about it and its terms is available in the Store.
- Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
- The Seller will respond to the complaint within 14 days of its receipt.
II. PRIVILEGED BUYERS
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Goods
- In the event of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
- The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within two years from that time, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
- Pursuant to the provisions of the Consumer Rights Act, the privileged Buyer may in any case demand:
- exchange of goods,
- repair of goods.
- Additionally, the privileged buyer may submit a declaration of:
- price reduction,
- withdrawal from the contract
- The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
- The Seller has not brought the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
- the lack of conformity of the goods with the contract persists despite the Seller's attempts to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
- it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Preferred Buyer.
- In the case of goods requiring repair or replacement, the Preferred Buyer must make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
- A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
- In the event of withdrawal from the contract 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 following address: ul. Okrzei 12, 19-500 Gołdap. The Seller shall refund the price to the Privileged Buyer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
- The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration of price reduction.
-
Digital content
- In the event of improper performance by the Seller of the contract for the supply of Digital Content, the privileged Buyer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
- If the Seller fails to deliver the Digital Content, the Preferred Buyer may request it to do so. If, despite this, the Seller fails to deliver the Digital Content promptly or within an additional period expressly agreed upon by the Preferred Buyer and the Seller, the Preferred Buyer may withdraw from the contract.
- The privileged buyer may withdraw from the contract without requesting delivery of the Digital Content if:
- it is clear from the Seller's statement or from the circumstances that he will not deliver the Digital Content or
- The Preferred Buyer and the Seller agreed, or it clearly follows from the circumstances of the conclusion of the contract, that the specified deadline for delivery of the Digital Content was of significant importance to the Preferred Buyer and the Seller failed to deliver it within that deadline.
- The Seller is liable for any lack of conformity of the Digital Content with the contract that existed at the time of delivery and became apparent within two years of that time.
- If the Digital Content is inconsistent with the contract, the Preferred Buyer may demand that it be brought into conformity with the contract.
- Additionally, if the Digital Content is inconsistent with the contract, the privileged Buyer may submit a declaration of:
- price reduction,
- withdrawal from the contract,
- bringing the Digital Content into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;
- the Seller has failed to bring the Digital Content into conformity with the contract within a reasonable time from the time the Seller was informed by the Preferred Buyer of the lack of conformity with the contract, and without undue inconvenience to the Preferred Buyer, taking into account its nature and the purpose for which it is used;
- the lack of conformity of the Digital Content with the contract persists even though the Seller has attempted to bring the Digital Content into conformity with the contract;
- the lack of conformity of the Digital Content with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the protection measure specified in Article 43m of the Consumer Rights Act (i.e. a request to bring the Digital Content into conformity with the contract);
- it is clear from the Seller's statement or circumstances that he will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
- The preferred buyer may not withdraw from the contract on the basis of the preceding provision if the Digital Content is supplied in exchange for payment of a price and the lack of conformity of the Digital Content with the contract is immaterial.
- The Seller is obliged to refund the price due to the Privileged Buyer as a result of exercising the right of withdrawal referred to in this section (concerning Digital Content), or to reduce the price, immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration of withdrawal from the contract or price reduction.
- The Seller shall refund the price using the same method of payment as used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to a different method of refund that does not involve any costs for him.
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Extrajudicial methods of handling complaints and pursuing claims
- If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- Mediation conducted by the relevant Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_kontroli_handlowej.php ;
- assistance of the locally 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 proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php ;
- free assistance from the municipal or district consumer ombudsman;
- online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
- If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
III BUYERS OTHER THAN PRIVILEGED BUYERS
- For the avoidance of doubt, the Seller points out that the provisions of § 11 section 5 shall apply to the Seller's liability towards a Buyer other than a privileged Buyer in connection with a complaint.
IV. EXCLUSION OF WARRANTY
1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the right to make a complaint about the defective goods on the basis of the warranty regulated in the Civil Code.
2. Pursuant to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses warranty rights if he or she fails to inspect the goods within the time and manner customary for goods of this type and fails to promptly notify the Seller of the defect, and in the event that the defect becomes apparent only later – if he or she fails to notify the Seller immediately after discovering it. To meet the above deadline, it is sufficient to send notification of the defect before its expiry.
3. When exercising the warranty, a Buyer other than a privileged Buyer may, under the terms specified in the Civil Code: a. submit a declaration of price reduction, b. in the case of a significant defect – submit a declaration of withdrawal from the contract, c. demand the replacement of the goods with defect-free ones, d. demand the removal of the defect.
4. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the Privileged Buyer is obliged to deliver the goods to the following address: ul. Okrzei 12, 19-500 Gołdap.
§ 10 PERSONAL DATA
- The Seller is the controller of personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – " GDPR ."
- The purpose of processing the Buyer's data provided by the Buyer in connection with purchases made in the Store by the Seller is to fulfill orders. The basis for processing personal data in this case is:
- the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
- the legal obligation of the Seller related to accounting (Article 6, paragraph 1, letter c of the GDPR) and
- the legitimate interest of the Seller consisting in the processing of data for the purpose of establishing, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
- Providing data by the Buyer is voluntary, but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract with the Store.
- The Buyer’s data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller will cease to be valid;
- the Seller will no longer have a legal obligation to process the Buyer's data;
- the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
- the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the Seller's legitimate interest
- The buyer has the right to demand:
- access to your personal data,
- their corrections,
- removal,
- processing restrictions,
- transferring data to another administrator
and also the law: - to object at any time to the processing of data for reasons related to the specific situation of the Buyer – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
- In order to exercise his rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
- If the Buyer considers that his or her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.
§ 11 DISCLAIMERS
- The Buyer is prohibited from providing illegal content.
- Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of fulfilling the order.
- Agreements concluded on the basis of the Regulations are concluded in Polish.
- In the event of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.
- Any liability of the Seller towards a Buyer who is not a privileged Buyer is excluded, to the extent permitted by law.
Appendix No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:
WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)
noszesztuke Natalia Jakowska Adam Kościński Civil Partnership
Okrzei Street 12, 19-500 Gołdap
email address: noszesztuke.sales@gmail.com
– I/We(*) …………………………………………………………… hereby inform you about my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply 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 where not applicable.
Account Terms and Conditions
in the noszeart shop
CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations
§ 1 DEFINITIONS
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a free function of the Store (service) regulated in the Regulations, thanks to which the Service User can set up his/her individual account in the Store.
Service User – any entity creating an Account or interested in creating an Account.
Privileged Service User – a Service User who is a Consumer or a natural person concluding a contract with the Service Provider that is directly related to his or her business activity, but is not of a professional nature.
Regulations – these Account regulations.
Shop – noszesztuke online shop run by the Service Provider at http://noszesztuke.com
Service Provider – Entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister responsible for economic affairs and maintaining the Central Register and Information on Economic Activity:
- Natalia Jakowska, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
- Adam Kościński, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
conducting business activity within the framework of a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership with its registered office at ul. Okrzei 12, 19-500 Gołdap, NIP 8471628854, REGON number 523819399.
§ 2 CONTACT WITH THE SERVICE PROVIDER
- Postal address: ul. Okrzei 12, 19-500 Gołdap
- Email address: noszesztuke.sales@gmail.com
- Phone: 518198080
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning and creation of an Account, you need:
- active email account
- a device with Internet access
- a web browser that supports JavaScript and cookies
§ 4 ACCOUNT
- Creating an Account is entirely voluntary and depends on the will of the Service User.
- The Account provides the Service User with additional options, such as: viewing the history of orders placed by the Service User in the Store, checking the status of the order or independently editing the Service User’s data.
- To create an Account, please complete the appropriate form in the Store.
- When an Account is created, an agreement is concluded for an indefinite period between the Service User and the Service Provider regarding the management of the Account on the terms specified in the Regulations.
- The Service User may cancel the Account at any time without incurring any costs.
- In order to cancel your Account, please send your cancellation to the Service Provider at the following e-mail address: noszesztuke.sales@gmail.com, which will result in immediate deletion of the Account and termination of the agreement regarding the management of the Account.
§ 5 COMPLAINTS
- Complaints regarding the functioning of the Account should be sent to the e-mail address noszesztuke.sales@gmail.com.
- The complaint will be considered by the Service Provider within 14 days.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS - If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- Mediation conducted by the relevant Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_kontroli_handlowej.php ;
- assistance of the locally 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 proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php ;
- free assistance from the municipal or district consumer ombudsman;
- online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
§ 6 PERSONAL DATA
- The Service Provider is the controller of personal data provided by the Service User when using the Account. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and basis for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – " GDPR ."
- The purpose of processing the Service User's data is to maintain the Account. The basis for personal data processing in this case is the service agreement or actions undertaken at the Service User's request to conclude it (Article 6, paragraph 1, letter b of the GDPR), as well as the Service Provider's legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6, paragraph 1, letter f of the GDPR).
- Providing data by the Service User is voluntary, but necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the Account management service.
- The Service Recipient's data will be processed until:
- The account will be deleted by the Service User or the Service Provider at the request of the Service User
- the possibility of pursuing claims by the Service User or the Service Provider related to the Account will cease;
- the Service Recipient's objection to the processing of his/her personal data will be accepted - if the basis for data processing was the Service Provider's legitimate interest
- The Service Recipient has the right to request:
- access to your personal data,
- their corrections,
- removal,
- processing restrictions,
- transferring data to another administrator
and also the law: - to object at any time to the processing of data for reasons related to the specific situation of the Service User – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
- In order to exercise his/her rights, the Service User should contact the Service Provider.
- If the Service User considers that his or her data is being processed unlawfully, the Service User may file a complaint with the President of the Personal Data Protection Office.
§ 7 DISCLAIMERS
- The Service User is prohibited from providing illegal content.
- The Account management agreement is concluded in Polish.
- In the event of important reasons referred to in paragraph 4, the Service Provider has the right to change the Regulations.
- The important reasons referred to in paragraph 3 are:
- the need to adapt the Store to the legal provisions applicable to the Store's operations;
- improving the security of the service provided;
- change in the functionality of the Account, requiring modification of the Regulations.
- The Service Recipient will be informed about the planned change to the Regulations at least 7 days before the change comes into effect via an e-mail sent to the address assigned to the Account.
- If the Service User does not accept the planned change, he/she 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 termination of the agreement regarding the maintenance of the Account upon entry into force of the planned change or earlier if the Service User submits such a request.
- If the Service Recipient does not object to the planned change until it comes into force, it is assumed that he or she accepts it, which does not constitute any obstacle to terminating the contract in the future.
- In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, the competent court will be the court having jurisdiction over the registered office of the Service Provider.
Newsletter Terms and Conditions
noszeart shop
CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions
§ 1 DEFINITIONS
Consumer – a consumer within the meaning of the provisions of the Act of 23 April 1964, the Civil Code.
Newsletter – a free service provided electronically, thanks to which the Service User may receive previously ordered messages regarding the Store from the Service Provider electronically, including information about offers, promotions and new products in the Store.
Shop – noszesztuke online shop run by the Service Provider at http://noszesztuke.com
Service Recipient – any entity using the Newsletter service.
Privileged Service User – a Service User who is a Consumer or a natural person concluding a contract with the Service Provider that is directly related to his or her business activity, but is not of a professional nature.
Service Provider – Entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister responsible for economic affairs and maintaining the Central Register and Information on Economic Activity:
- Natalia Jakowska, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
- Adam Kościński, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of a civil partnership
conducting business activity within the framework of a civil partnership under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership with its registered office at ul. Okrzei 12, 19-500 Gołdap, NIP 8471628854, REGON number 523819399.
§ 2 Newsletter
- The Service Recipient may voluntarily use the Newsletter service.
- To use the Newsletter service, you must have a device with the latest version of a web browser that supports JavaScript and cookies, access to the Internet, and an active e-mail account.
- E-mails sent as part of this service will be sent to the e-mail address provided by the Service User when subscribing to the Newsletter.
- To conclude a contract and subscribe to the Newsletter service, the Service Recipient first provides their email address in the designated area of the Store to which they wish to receive Newsletter messages. Upon signing up for the Newsletter, a service contract is concluded for an indefinite period, and the Service Provider will begin providing the service to the Service Recipient – subject to paragraph 5.
- In order to properly implement the Newsletter service, the Service Recipient is obliged to provide his/her correct e-mail address.
- The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
- The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in paragraph 6 or by sending a message to the e-mail address of the Service Provider: noszesztuke.sales@gmail.com .
- The Service User's use of the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in immediate termination of the contract for the provision of this service.
§ 3 Complaints
- Complaints regarding the Newsletter should be reported to the Service Provider at the following e-mail address: noszesztuke.sales@gmail.com .
- The Service Provider will respond to the complaint within 14 days of receiving the complaint.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS - If the complaint procedure does not bring the result expected by the Service User who is a Consumer, the Consumer may use, among others:
- Mediation conducted by the relevant Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_kontroli_handlowej.php ;
- assistance of the locally 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 proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php ;
- free assistance from the municipal or district consumer ombudsman;
- online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
§ 4 Personal data
- The Service Provider is the controller of personal data provided by the Service User in connection with subscribing to the Newsletter. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and basis for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency, set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – " GDPR ."
- The purpose of processing the Service User's data is to send the Newsletter. The basis for processing personal data in this case is the service agreement or actions undertaken at the Service User's request to conclude it (Article 6, paragraph 1, letter b of the GDPR), as well as the Service Provider's legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6, paragraph 1, letter f of the GDPR).
- Providing data by the Service User is voluntary, but necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
- The Service Recipient's data will be processed until:
- The Service Recipient unsubscribes from the Newsletter;
- the possibility of pursuing claims by the Service User or the Service Provider related to the Newsletter will cease;
- the Service Recipient's objection to the processing of his/her personal data will be accepted - if the basis for data processing was the Service Provider's legitimate interest
- The Service Recipient has the right to request:
- access to your personal data,
- their corrections,
- removal,
- processing restrictions,
- transferring data to another administrator
and also the law: - to object at any time to the processing of data for reasons related to the specific situation of the Service User – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
- In order to exercise his/her rights, the Service User should contact the Service Provider.
- If the Service User considers that his or her data is being processed unlawfully, the Service User may file a complaint with the President of the Personal Data Protection Office.
§ 5 Final provisions
- The Service Provider reserves the right to amend these Terms and Conditions only for important reasons. An important reason is understood to mean the need to amend these Terms and Conditions due to the modernization of the Newsletter service or changes in legal regulations that affect the provision of the service by the Service Provider.
- Information about planned changes to the regulations will be sent to the e-mail address of the Service User provided when subscribing to the Newsletter at least 7 days before the changes come into effect.
- If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he or she accepts them.
- In the event of non-acceptance of the planned changes, the Service User should send information about this to the Service Provider's e-mail address: noszesztuke.sales@gmail.com , which will result in termination of the service provision agreement upon entry into force of the planned changes.
- The Service User is prohibited from providing illegal content.
- The Newsletter service agreement is concluded in Polish.
- In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, the competent court will be the court having jurisdiction over the registered office of the Service Provider.