Rules
specifying, among others, 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 Shopping 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 23 April 1964, Civil Code.
Consumer – a consumer within the meaning of the Civil Code provisions.
Account – a free function of the Store (a service provided electronically) regulated by separate terms and conditions, thanks to which every entity using the Store can create its 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 not having a professional character for them.
Regulations – these regulations.
Store – the noszesztuke online store operated by the Seller at http://noszesztuke.com.
Seller – Entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister responsible for economy and the Central Register and Information on Economic Activity:
- Natalia Jakowska, Tax ID (NIP) 8471628854, REGON (National Official Register of Business Entities) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner
- Adam Kościński, Tax ID (NIP) 8471628854, REGON (National Official Register of Business Entities) 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 ID (NIP) 8471628854, REGON (National Official Register of Business Entities) 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 regarding products apply to both movable goods and Digital Content.
§ 2 CONTACT WITH THE SELLER
- Postal address: ul. Okrzei 12, 19-500 Gołdap
- Email address: kontakt@noszesztuke.com
- Phone: 518 198 080
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, the following are required:
- a device with Internet access
- a web browser supporting JavaScript and cookies.
- 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
- Product prices displayed in the Store are the total prices for the product.
- The Seller notes that the total price of the order consists of the product price indicated in the Store and, if applicable, the cost of delivery of the goods.
- The selected product for purchase should be added to the shopping cart in the Store.
- Then, the Buyer selects the method of delivery and payment method for the order from the options available in the Store, and also provides the data necessary to fulfill the placed order.
- The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
- Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
- The Buyer can register in the Store, i.e., create an Account there, or make purchases without registration by providing their data with each potential order.
§ 5 PAYMENTS
-
Payment for the placed order can be made, depending on the Buyer's choice, by:
• regular bank transfer to the Seller's bank account,
• payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro,• via the Shopify Payments platform, supporting, among others: BLIK, payment cards (Visa, MasterCard, Maestro), Apple Pay, Google Pay, Klarna, Przelewy24,
• cash on delivery, i.e., cash payment upon delivery of the goods to the Buyer,
• cash upon personal collection of the goods. -
The entity providing online payment services within Shopify Payments is Shopify International Limited, 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
-
If the Buyer chooses advance payment, the order must be paid within 7 Business Days from placing the order.
-
The Seller informs that for payment methods where the field for entering data necessary to process the payment appears directly after placing the order (e.g., BLIK, Apple Pay, Google Pay), payment for the order is only possible immediately after it is placed.
-
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
- The order fulfillment time is indicated in the Store and depends on the nature of the ordered product, in particular whether the product is custom-made.
-
Products offered in the Store may be:
- custom-made according to the Buyer's specifications, especially regarding size, length, color, or other product features (non-prefabricated products),
- available immediately (stock products).
- In the case of advance payment, the Seller proceeds with order fulfillment after payment is received.
- If an order includes products with different fulfillment times, the order will be fulfilled within the time appropriate for the product with the longest fulfillment time.
-
Products purchased in the Store are delivered – depending on the delivery method chosen by the Buyer:
- via courier company,
- to InPost parcel lockers,
- electronically – to the email address provided by the Buyer (in the case of Digital Content).
- The Buyer may collect the goods in person at the company's registered office during its opening hours.
- If personal collection is chosen, the goods will be ready for collection within the order fulfillment time indicated in the Store.
§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
Right of Withdrawal and Returns
A customer who is a consumer has the right to withdraw from the contract within 14 days from the day of receiving the order, without giving any reason.
To exercise the right of withdrawal, you must inform us of your decision to return, e.g., via a return form or email. Sending a statement before the 14-day period expires is sufficient to meet the deadline.
After notifying your withdrawal from the contract, the product must be returned immediately, no later than 14 days from the date of notification of return.
Possible Forms of Return
When requesting a return, you can choose one of the following options:
-
110% Voucher for Our Store
Instead of a refund, you can choose a voucher worth 110% of the returned amount to be used in our store. -
Free Exchange
You can also opt for a free exchange of the product for a different size, length, or color. -
Refund
The refund will be processed using the same payment method used for the order, unless you agree to another form of refund.
The choice of a voucher or exchange is voluntary.
Refund
We process refunds no later than 14 days from the day of receiving the returned shipment.
We may withhold the refund until we receive the returned product or until you provide proof of its dispatch — whichever event occurs first.
In the case of a full order return, we refund the value of the products and the cost of the cheapest available delivery method in the store. Additional costs resulting from choosing a more expensive delivery method are not refundable.
The cost of returning the product to the store is borne by the Customer, unless otherwise stated in a given return or exchange procedure.
Conditions for Accepting a Return
The returned product should be sent back in an unaltered condition, without signs of use beyond normal trying on.
The product should not be:
- worn beyond trying on,
- washed,
- dirty,
- damaged,
- permeated with the scent of perfume, sweat, cigarette smoke, or another intense odor,
- missing tags or security seals, if this affects its ability to be resold.
The Customer is liable for any diminished value of the product resulting from handling it in a manner other than what is necessary to establish its nature, characteristics, and functioning.
If a deterioration in the condition of the product is found, we may reduce the refund amount by the value of the diminished product, including the costs of restoring it to a condition suitable for resale, e.g., cleaning costs.
Returns reported or sent after the deadline may not be positively considered.
How to Return a Product?
-
Print and fill out the return form
The form can be found here: [link] -
Pack the product
Place the return form—either printed or handwritten—inside the package. Pack the product so that it does not get damaged during transport. -
Send the return shipment
Send the return shipment via the Wygodne Zwroty platform (LINK). After filling out the form, you will receive a return code or shipping documents needed to send the package. -
Wait for the return to be processed
The refund, voucher, or exchange will be processed after the returned product is received and inspected.
In case of cash on delivery payments, we will process the refund to the bank account number provided in the return form.
§ 8 CONDITIONS FOR ACCEPTING A RETURN
- A condition for accepting a return is that the product is returned in an unaltered condition, not exceeding what is necessary to establish its nature, characteristics, and functioning.
-
In particular, the returned product must not:
- be worn beyond trying on,
- be dirty,
- show signs of use or damage,
- be missing original tags or security seals.
- The Buyer is liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish their nature, characteristics, and functioning.
-
In the event of a deterioration in the condition of the product, the Seller reserves the right to:
- reduce the refund amount by the value of the diminished product, including the costs of restoring it to a condition suitable for resale (e.g., cleaning),
- refuse to accept the return in the event of a significant deterioration in the condition of the product.
- Returns delivered after the deadline will not be considered.
§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
-
The right of withdrawal does not apply to contracts:
- for the supply of non-prefabricated goods, made to the Buyer's specifications,
- for the supply of goods liable to deteriorate rapidly,
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
- for the supply of digital content if the performance has begun with the Buyer's prior express consent.
COMPLAINTS
I GENERAL PROVISIONS
- The Seller is liable to the privileged Buyer for the conformity of the service with the contract, as provided for by generally applicable legal provisions, including in particular the provisions of the Consumer Rights Act.
- The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Regulations.
- If a product comes with a warranty, information about it, as well as its terms, is available in the Store.
- Complaints regarding the operation of the Store should be sent to the email address indicated in § 2 of the Regulations.
- The Seller will respond to the complaint within 14 days from the date of its receipt.
II PRIVILEGED BUYERS
-
Goods
- 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.
- The Seller is liable for any lack of conformity of the goods with the contract existing at the time of delivery and becoming apparent within two years from that time, unless the shelf life of the goods, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
- Based on the provisions of the Consumer Rights Act, the privileged Buyer may in any case demand:
- replacement of the goods,
- repair of the goods.
- Additionally, the privileged Buyer may submit a statement about:
- 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 failed to bring 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 recourse to the remedies specified in Article 43d of the Consumer Rights Act;
- it is clear from the Seller's statement or the 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.
- In the case of goods subject to repair or replacement, the privileged Buyer should make these goods available to the Seller. The Seller collects the goods from the privileged Buyer at their own expense.
- The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
- 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 Buyer's expense, to the address ul. Okrzei 12, 19-500 Gołdap. The Seller shall immediately refund the price to the privileged Buyer, no later than within 14 days from the date of receiving the goods or proof of their dispatch.
- The Seller shall immediately refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price, no later than within 14 days from the date of receiving 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 has not supplied the Digital Content, the privileged Buyer may call on him to supply it. If, despite this, the Seller does not supply the Digital Content immediately or within an additional period explicitly agreed upon by the privileged Buyer and the Seller, the privileged Buyer may withdraw from the contract.
- 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 from the circumstances that he will not supply the Digital Content, or
- the privileged Buyer and the Seller have agreed, or it is clear from the circumstances of the contract, that a specific delivery date for the Digital Content was essential for the privileged Buyer, and the Seller has not supplied it by that date.
- The Seller is liable for any lack of conformity of the Digital Content with the contract that existed at the time of its supply and became apparent within two years of that time.
- 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.
- Additionally, if the Digital Content is not in conformity 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 entails excessive costs, in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
- the Seller has not brought the Digital Content into conformity with the contract within a reasonable time from the moment the Seller was informed by the privileged Buyer of the lack of conformity, and without undue inconvenience to the privileged 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 significant enough to justify a price reduction or withdrawal from the contract without prior recourse to the remedy specified in Article 43m of the Consumer Rights Act (i.e., a demand to bring the Digital Content into conformity with the contract);
- it is clear from the Seller's statement or the circumstances that he will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
- The privileged Buyer may not withdraw from the contract under the previous provision if the Digital Content is supplied in exchange for a price and the lack of conformity of the Digital Content with the contract is insignificant.
- The Seller is obliged to refund to the privileged Buyer the price due as a result of exercising the right of withdrawal from the contract, as referred to in this section (concerning Digital Content), or price reduction, immediately, no later than within 14 days from the date of receiving the privileged Buyer's declaration of withdrawal from the contract or price reduction.
- The Seller shall make the refund 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 entail any costs for him.
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Out-of-court methods of handling complaints and pursuing claims
- If the complaint procedure does not bring the desired result for the Consumer, the Consumer may use, among others:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request 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;
- the 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 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;
- free assistance from the municipal or district consumer ombudsman;
- the ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
- If the complaint procedure does not bring the desired result for the Consumer, the Consumer may use, among others:
III BUYERS OTHER THAN PRIVILEGED BUYERS
- To avoid doubt, the Seller notes that the provision of § 11 para. 5 applies 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 may complain about the defective goods on the basis of 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 the rights under the warranty if he did not examine the goods in the time and manner customary for goods of that type and did not notify the Seller immediately of the defect, and in the event that the defect became apparent only later – if he did not notify the Seller immediately after its detection. Sending a notice of defect before the expiry of the above period is sufficient to meet this deadline.
3. By using the warranty, a Buyer other than a privileged Buyer may, on the terms 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 it is necessary to deliver the defective goods to the Seller for the complaint to be processed, 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
- The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on 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".
- The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The 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) GDPR),
- the Seller's legal obligation related to accounting (Article 6(1)(c) 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) GDPR).
- Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in 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 ceases to be in force;
- the Seller's legal obligation to process the Buyer's data ceases to exist;
- the possibility for the Buyer or Seller to pursue claims related to the contract concluded through the Store ceases;
- the Buyer's objection to the processing of their personal data is accepted – in the event that the basis for data processing was the Seller's legitimate interest
- The Buyer has the right to request:
- access to their personal data,
- rectification of their data,
- erasure,
- restriction of processing,
- data portability to another administrator
as well as the right to: - object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning them, based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Seller).
- To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
- If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.
§ 11 RESERVATIONS
- It is prohibited for the Buyer to provide content of an unlawful nature.
- 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.
- Contracts concluded on the basis of the Regulations are concluded in Polish.
- 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.
- Any liability of the Seller towards a Buyer who is not a privileged Buyer is excluded, within the limits permitted by law.
Appendix No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer or privileged Entrepreneur may, but is not obliged to, use:
SAMPLE WITHDRAWAL FORM
(this form should be completed and sent 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:
kontakt@noszesztuke.com
– I/We(*) …………………………………………………………… hereby inform/inform(*) 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 contract conclusion(*)/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
in 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 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 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 concluding a contract with the Service Provider directly related to their business activity, but not having a professional character for it.
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 responsible for economy 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 the civil partnership
- Adam Kościński, NIP 8471628854, REGON no. 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of the civil partnership
operating as 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 no. 523819399.
§ 2 CONTACT WITH THE SERVICE PROVIDER
- Postal address: ul. Okrzei 12, 19-500 Gołdap
- E-mail address: kontakt@noszesztuke.com
- Phone: 518198080
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning and creation of an Account, the following are required:
- an active e-mail account
- a device with Internet access
- a web browser supporting JavaScript and cookies
§ 4 ACCOUNT
- Account creation is entirely voluntary and depends on the will of the Service Recipient.
- The Account gives the Service Recipient additional options, 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.
- To create an Account, fill in the appropriate form in the Store.
- At the moment of creating an Account, a contract is concluded for an indefinite period between the Service Recipient and the Service Provider regarding the maintenance of the Account on the terms specified in the Regulations.
- The Service Recipient may resign from the Account at any time without incurring any costs.
- To resign from the Account, the Service Recipient should send their resignation to the Service Provider to the e-mail address: kontakt@noszesztuke.com, which will result in the immediate deletion of the Account and termination of the contract regarding Account maintenance.
§ 5 COMPLAINTS
- Complaints regarding the functioning of the Account should be sent to the e-mail address kontakt@noszesztuke.com
- The Service Provider will consider the complaint within 14 days.
OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT - If the complaint procedure does not yield the desired result for the Consumer, the Consumer may, among other things, avail themselves of:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a mediation request 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;
- the 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 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;
- free assistance from the municipal or district consumer ombudsman;
- the ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 6 PERSONAL DATA
- The Service Provider is the administrator 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 legal bases 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 outlined in the General Data Protection Regulation (EU) – "GDPR."
- The purpose of processing the Service User's data is to maintain the Account. The legal basis for processing personal data in this case is the service agreement or actions taken at the Service User's request aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the Service Provider's legitimate interest in processing data to establish, pursue, or defend against potential claims (Article 6(1)(f) of the GDPR).
- Providing data by the Service User is voluntary, but at the same time necessary for maintaining the Account. Failure to provide data means that the Service Provider will not be able to provide the Account maintenance service.
- The Service User's data will be processed until:
- the Account is deleted by the Service User or by the Service Provider at the Service User's request;
- the possibility of the Service User or the Service Provider pursuing claims related to the Account ceases;
- the Service User's objection to the processing of their personal data is accepted – in cases where the legal basis for data processing was the Service Provider's legitimate interest.
- The Service User has the right to request:
- access to their personal data,
- rectification of their data,
- erasure of their data,
- restriction of processing,
- transfer of data to another administrator,
as well as the right to: - object at any time to the processing of data for reasons related to the Service User'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).
- To exercise their rights, the Service User should contact the Service Provider.
- If the Service User believes that their data is being processed unlawfully, the Service User may lodge a complaint with the President of the Personal Data Protection Office.
§ 7 DISCLAIMERS
- The Service User is prohibited from providing unlawful content.
- The Account maintenance agreement is concluded in Polish.
- In the event of important reasons, as referred to in paragraph 4, the Service Provider has the right to amend the Regulations.
- Important reasons, as referred to in paragraph 3, are:
- the necessity to adapt the Store to legal provisions applicable to the Store's operation;
- improvement of the security of the service provided;
- change in Account functionality requiring modification of the Regulations.
- The Service User will be informed about the planned amendment to the Regulations at least 7 days before the amendment comes into force, via an email sent to the address assigned to the Account.
- If the Service User does not accept the planned amendment, they should inform the Service Provider by sending an appropriate message to the Service Provider's email address kontakt@noszesztuke.com, which will result in the termination of the Account maintenance agreement at the moment the planned amendment comes into force, or earlier if the Service User requests it.
- If the Service User does not object to the planned amendment before it comes into force, it is assumed that they accept it, which does not prevent termination of the agreement in the future.
- In the event of any dispute with a Service User who is not a privileged Service User, the competent court will be the court appropriate for the Service Provider's registered office.
Newsletter Regulations
noszesztuke store
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions
§ 1 DEFINITIONS
Consumer – a consumer as defined by the provisions of the Act of April 23, 1964, Civil Code.
Newsletter – a free electronic service through which the Service User can receive previously ordered electronic messages from the Service Provider regarding the Store, including information about offers, promotions, and new products in the Store.
Store – the noszesztuke online store operated by the Service Provider at http://noszesztuke.com
Service User – any entity using the Newsletter service.
Privileged Service User – a Service User who is a Consumer or a natural person concluding an agreement with the Service Provider directly related to their business activity, but not having a professional character for them.
Service Provider – Entrepreneurs registered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs and keeping the Central Register and Information on Economic Activity:
- Natalia Jakowska, Tax ID (NIP) 8471628854, Statistical ID (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of the civil partnership
- Adam Kościński, Tax ID (NIP) 8471628854, Statistical ID (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Civil Partnership – partner of the civil partnership
operating 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 ID (NIP) 8471628854, Statistical ID (REGON) 523819399.
§ 2 Newsletter
- The Service User may voluntarily use the Newsletter service.
- To use the Newsletter service, a device with the latest version of a web browser supporting JavaScript and cookies, with Internet access, and an active email account are required.
- Emails sent as part of this service will be sent to the email address provided by the Service User when subscribing to the Newsletter.
- In order to conclude the agreement and subscribe to the Newsletter service, the Service User first provides their email address, to which they wish to receive messages sent as part of the Newsletter, in the designated place in the Store. At the moment of 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 User – subject to paragraph 5.
- For the proper provision of the Newsletter service, the Service User is obliged to provide their correct email address.
- Messages sent as part of the Newsletter will contain information about the possibility to unsubscribe, as well as a link to unsubscribe.
- The Service User 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 email address: kontakt@noszesztuke.com
- The Service User's use of the unsubscribe link 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
- Complaints regarding the Newsletter should be submitted to the Service Provider at the email address: kontakt@noszesztuke.com
- 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 PURSUIT - If the complaint procedure does not yield the result expected by the Service User who is a Consumer, the Consumer may use, among others:
- mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request 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;
- the assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case by an 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;
- free assistance from a municipal or district consumer ombudsman;
- the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 4 Personal data
- The Service Provider is the administrator 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 legal bases 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 outlined in the General Data Protection Regulation (EU) – "GDPR."
- The purpose of processing the Service User's data is to send the Newsletter. The legal basis for processing personal data in this case is the service agreement or actions taken at the Service User's request aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the Service Provider's legitimate interest in processing data to establish, pursue, or defend against potential claims (Article 6(1)(f) of the GDPR).
- Providing data by the Service User is voluntary, but at the same time necessary for providing the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
- The Service User's data will be processed until:
- the Service User unsubscribes from the Newsletter;
- the possibility of the Service User or the Service Provider pursuing claims related to the Newsletter ceases;
- the Service User's objection to the processing of their personal data is accepted – in cases where the legal basis for data processing was the Service Provider's legitimate interest.
- The Service User has the right to request:
- access to their personal data,
- rectification of their data,
- erasure of their data,
- restriction of processing,
- transfer of data to another administrator,
as well as the right to: - object at any time to the processing of data for reasons related to the Service User'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).
- To exercise their rights, the Service User should contact the Service Provider.
- If the Service User believes that their data is being processed unlawfully, the Service User may lodge a complaint with the President of the Personal Data Protection Office.
§ 5 Final Provisions
- The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is understood as the necessity to amend the regulations due to the modernization of the Newsletter service or a change in legal provisions affecting the provision of the service by the Service Provider.
- Information about the planned amendment to the regulations will be sent to the Service User's email address provided at the time of subscribing to the Newsletter at least 7 days before the changes come into effect.
- If the Service User does not object to the planned changes before they come into effect, it is assumed that they accept them.
- In case of non-acceptance of the planned changes, the Service User should send information about this to the Service Provider's email address: kontakt@noszesztuke.com, which will result in the termination of the service agreement at the moment the planned changes come into effect.
- The Service User is prohibited from providing unlawful content.
- The agreement for the provision of the Newsletter service is concluded in Polish.
- In the event of any dispute with a Service User who is not a privileged Service User, the competent court will be the court appropriate for the Service Provider's registered office.