which specifies, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and the Consumer's 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 April 23, 1964, Civil Code.
Consumer – a consumer as defined by the provisions of the Civil Code.
Account – a free function of the Store (a service provided electronically) regulated by a separate set of terms and conditions, 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 not having a professional character for them.
Terms and Conditions – these terms and conditions.
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 competent for economic affairs and the operation of the Central Register and Information on Economic Activity:

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

operating a civil law 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.
Digital Content – data produced and delivered in digital form.
Consumer Rights Act – Act of May 30, 2014, on Consumer Rights.

The provisions of the Terms and Conditions regarding products apply to both movable goods 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 Store to function properly, the following are required:
    • a device with Internet access
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

  1. Product prices displayed 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 as indicated in the Store, and, if applicable, the delivery costs of the goods.
  3. The selected product to be purchased should be added to the shopping cart in the Store.
  4. Next, the Buyer chooses the method of delivery of the goods and the 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 the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer can 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. For a placed order, payment can be made, depending on the Buyer's choice:

    • by regular bank transfer to the Seller's bank account,

    • by 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 upon delivery of the goods to the Buyer,

    • cash upon personal collection of the goods.

  2. 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.

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

  4. The Seller informs that for payment methods where the field for entering the data necessary to complete 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 has been 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 custom-made.
  2. Products offered in the Store may be:
    1. custom-made for the Buyer and tailored to their specifications, particularly in terms of size, length, color, or other product features (non-prefabricated products),
    2. available immediately (stock products).
  3. In the case of advance payment, the Seller proceeds with the order fulfillment after payment has been 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 e-mail address provided by the Buyer (in the case of Digital Content).
  6. The Buyer can personally collect the goods at the company's registered office during its opening hours.
  7. 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

Custom-made products

  1. In the case of non-prefabricated products, made according to the Buyer's specifications or serving to satisfy their individualized needs, the Buyer being a consumer generally does not have the statutory right to withdraw from a distance contract, in accordance with applicable law.
  2. Notwithstanding the above, as part of the Store's policy, the Seller allows for the return of such products to the Company's registered office within 7 days from the date of delivery of the shipment.

Products available immediately

  1. In the case of products available immediately (marked in the Store as shipped within 2 days), which are not custom-made, the Buyer being 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, the Buyer should inform the Seller of their decision through a clear statement (e.g., email or return form).
  4. Sending the statement before its expiry is sufficient to meet the deadline.
  5. The Buyer should send back the goods immediately, no later than 14 days from the day of notifying the 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 choice of a more expensive delivery method), no later than 14 days from the day of receiving information about the withdrawal from the contract.
  2. The refund shall 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 the returned goods are received or proof of their dispatch is provided – whichever occurs first.
  4. The Buyer bears the direct costs of returning the goods.

§ 8 CONDITIONS FOR ACCEPTING RETURNS

  1. The condition for accepting a return is that the product is returned 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 it on,
    2. be dirty,
    3. show signs of use or damage,
    4. be missing original tags or security seals.
  3. 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.
  4. In the event of a deterioration in the condition of the product, the Seller reserves the right to:
    1. reduce the refund amount by the value of the diminished product, including the costs of restoring it to a condition suitable for further sale (e.g., cleaning),
    2. refuse to accept the return in the event of significant deterioration of the product's condition.
  5. Returns delivered after the deadline will not be processed.

§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from the contract does not apply to contracts:
    1. for the supply of non-prefabricated goods, manufactured according to the Buyer's specifications,
    2. for the supply of goods liable to deteriorate or expire rapidly,
    3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery,
    4. for the supply of digital content if the performance has begun with the Buyer's prior express 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 for by generally applicable legal provisions, including in particular 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 these Terms and Conditions.
  3. If a guarantee 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 e-mail address indicated in § 2 of these Terms and Conditions.
  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 may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
    2. 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 of that time, unless the use-by date of the goods, specified 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 any case demand:
      1. replacement of the goods,
      2. repair of the goods.
    4. Additionally, the Privileged Buyer may submit a statement on:
      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, 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 significant enough to justify 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 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 replacement, 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 lack of 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 promptly 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 promptly, no later than 14 days from the date of receipt of the goods or proof of their dispatch.
    8. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction promptly, no later than 14 days from the date of receipt of the Privileged Buyer's statement regarding the price reduction.
  2. Digital Content
    1. In the event of improper performance by the Seller of a contract for the supply of Digital Content, the Privileged Buyer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
    2. If the Seller has not delivered the Digital Content, the Privileged Buyer may call on them to deliver it. If, despite this, the Seller does not deliver the Digital Content promptly 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 delivery of Digital Content if:
      • it is clear from the Seller's statement or circumstances that they will not deliver 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 deadline for the Digital Content was of essential importance to the Privileged Buyer, and the Seller failed to deliver it by that deadline.
    4. The Seller is liable for any lack of conformity of the Digital Content with the contract which existed at the time of its delivery and became apparent within two years of 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 not in conformity with the contract, the Privileged Buyer may submit a statement on:
      1. price reduction,
      2. withdrawal from the contract,
      provided that:
      • bringing the Digital Content into conformity with the contract is impossible or would involve excessive costs in accordance with Article 43m, paragraphs 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 with the contract, 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, despite the Seller's attempts 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., demanding that the Digital Content be brought into conformity with the contract);
      • it is clear from the Seller's statement or circumstances that they will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
  • A privileged buyer cannot withdraw from the contract under the preceding provision if Digital Content is provided in exchange for payment of a price, and the non-conformity of the Digital Content with the contract is insignificant.
  • The Seller is obliged to refund the privileged Buyer the due price as a result of exercising the right to withdraw from the contract, referred to in this section (concerning Digital Content), or to reduce the price, without undue delay, no later than within 14 days from the date of receipt of the privileged Buyer's statement of withdrawal from the contract or price reduction.
  • The Seller shall refund the price using the same payment method as used by the privileged Buyer, unless the privileged Buyer has expressly agreed to another refund method that does not incur any costs for them.
  • Out-of-court complaint and claim resolution methods
    1. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may use, among others:
      1. mediation conducted by the territorially 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 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 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 the 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 points out that the provision of § 11 sec. 5 applies to the Seller's liability towards a Buyer other than a privileged Buyer, related to a complaint.


      IV. EXCLUSION OF WARRANTY FOR DEFECTS

      1. In the event of a product defect, a Buyer other than a privileged Buyer may complain about the defective product based on the warranty for defects 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 for defects if they did not examine the product at the time and in the manner customary for products of that type and did not immediately notify the Seller of the defect, and in the event that 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. When using the warranty for defects, a Buyer other than a privileged Buyer may, on the terms set out in the Civil Code: a. submit a statement of price reduction, b. in the case of a significant defect – submit a statement of withdrawal from the contract, c. demand replacement of the product with a defect-free one, d. demand removal of the defect.
      4. If it turns out that it is necessary to deliver the defective product to the Seller for the complaint to be considered, a Buyer other than a privileged Buyer is obliged to deliver this product 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 regulation of the European Parliament and of the Council (EU) on data protection – "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 to fulfill orders. The legal basis for processing personal data in this case is:
      • the contract or actions taken at the Buyer's request, aimed at concluding it (Article 6(1)(b) of the GDPR),
      • the Seller's legal obligation 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 make it impossible to conclude a 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 to exist;
      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 the event that the basis for data processing was the Seller's legitimate interest
      – whichever applies in a given case and whichever 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 administrator
        as well as the right to:
      6. 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) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
    6. To exercise their rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
    7. If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

    § 11 RESERVATIONS

    1. It is prohibited for the Buyer to provide illegal 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 the Regulations are concluded in Polish.
    4. In the event of a 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 is excluded, to the extent permitted by law.

    Appendix No. 1 to the Regulations

    Below is a model withdrawal form that the Consumer or privileged Entrepreneur may, but is not obliged to, use:

    MODEL WITHDRAWAL FORM
    (This form should be filled in 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/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 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 kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity:

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

    operating 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, NIP 8471628854, REGON no. 523819399.

    § 2 CONTACT WITH THE SERVICE PROVIDER

    1. Postal address: ul. Okrzei 12, 19-500 Gołdap
    2. E-mail 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 e-mail 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 gives the Service Recipient additional possibilities, such as: viewing 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, you must fill out the appropriate form in the Store.
    4. At the moment of creating an Account, a contract for an indefinite period is concluded between the Service Recipient and the Service Provider regarding the maintenance of the Account on the terms indicated 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, you must send your resignation to the Service Provider to the e-mail address: noszesztuke.sales@gmail.com, which will result in the immediate deletion of the Account and the termination of the contract for the maintenance of the Account.

    § 5 COMPLAINTS

    1. Complaints regarding the functioning of the Account should be sent to the e-mail 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 yield the result expected by the Consumer, the Consumer may use, among others:
      1. mediation conducted by the territorially 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 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 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 the 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 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 maintain the Account. The legal basis for processing personal data in this case is the service provision contract or actions taken at the Service Recipient's request, aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the Service Provider'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 Service Recipient is voluntary, but at the same time necessary to maintain the Account. 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 for the Service Recipient or Service Provider to pursue claims related to the Account ceases;
      3. the Service Recipient's objection to the processing of their personal data is accepted – in the event that the basis for data processing was the Service Provider's legitimate interest
      – whichever applies in a given case and whichever 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 administrator
        as well as 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. 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 lodge a complaint with the President of the Personal Data Protection Office.

    § 7 RESERVATIONS

    1. It is prohibited for the Service Recipient to provide illegal content.
    2. The contract for the maintenance of the Account is concluded in Polish.
    3. In the event of important reasons, referred to in section 4, the Service Provider has the right to change the Regulations.
    4. Important reasons, referred to in section 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 about 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 contract for the maintenance of the Account upon the entry into force of the planned change or earlier, if the Service Recipient makes such a request.
    7. If the Service Recipient does not object to the planned change before its entry into force, it is assumed that they accept it, which does not constitute any obstacle to the termination of the contract in the future.
    8. In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, the competent court will be the court competent 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 23 April 1964, Civil Code.
    Newsletter – a free service provided electronically, thanks to which the Service User can receive previously ordered messages from the Service Provider electronically concerning 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 entering into a contract with the Service Provider directly related to their business activity, but not having a professional character for them.
    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 (NIP) 8471628854, Statistical ID (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner
    2. Adam Kościński, Tax ID (NIP) 8471628854, Statistical ID (REGON) 523819399, entrepreneur operating under the name noszesztuke Natalia Jakowska Adam Kościński Spółka Cywilna – civil partnership partner

    conducting business activity within 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

    1. The Service User 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 Internet access and an active e-mail account, is required.
    3. E-mail messages sent as part of this service will be sent to the e-mail address provided by the Service User when subscribing to the Newsletter.
    4. To conclude the agreement and subscribe to the Newsletter service, the Service User 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 indefinite-term service agreement is concluded, and the Service Provider will begin providing it to the Service User – subject to paragraph 5.
    5. For the proper implementation of the Newsletter service, the Service User 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 User may unsubscribe from the Newsletter, without stating a reason and incurring any costs, at any time, by 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 User's use of the unsubscribe link from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in the immediate termination of the service agreement.

    § 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.

      OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT
    3. In the event that the complaint procedure does not bring the result expected by the Service User who is a Consumer, the Consumer may use, among others:
      1. mediation conducted by the territorially 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 territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the amicable 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.

    § 4 Personal data

    1. The administrator of personal data provided by the Service User in connection with subscribing to the Newsletter 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 regulation of the European Parliament and of the Council (EU) on data protection – "GDPR".
    2. 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) 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) GDPR).
    3. Providing data by the Service User 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 User's data will be processed until:
      1. The Service User unsubscribes from the Newsletter;
      2. the possibility of asserting claims by the Service User or the Service Provider, related to the Newsletter, ceases;
      3. the Service User'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 is applicable in a given case and occurs last.
    5. The Service User 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 administrator
        as well as the right to:
      6. object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
    6. To exercise their rights, the Service User should contact the Service Provider.
    7. If the Service User considers 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

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