§1 General Provisions
1.1 These Regulations regulate the rules of use of the Online Store operated at www.nicopods.pl, 1.2 The Online Store, operating at www.nicopods.pl (hereinafter referred to as the Online Store www.nicopods.pl), is operated by Nicopodsy sp. z o.o, registered in the National Court Register kept by the District Court for KATOWICE-WSCHÓD IN KATOWICE, NIP: 6443553787, REGON:
. (hereinafter referred to as "NICOPODSY SPÓŁKA Z OGRANICZONĄ ODPIEDZIALNOŚCIĄ"). 1.3 Entrepreneur's contact details, enabling the Buyer to contact the Seller: 1) postal address: ul. Wierzbowa 11/3 Sosnowiec 41-200 Poland ; 2) telephone number: tel: 505013006; 3) e-mail address: sklep@nicopods.pl. 1.4 The Regulations of the online store www.nicopods.pl are placed continuously on the website www.nicopods.pl in a manner that allows the Customers to obtain, reproduce and record their content. The Rules and Regulations are also made available to customers prior to the conclusion of the contract.
§ 2 Definitions
The terms used in these regulations mean: 2.1. Consumer - it is a natural person within the meaning of Article 221 of the Civil Code, 2.2. Service Provider/Seller - NICOPODSY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Sosnowiec 41-200 Wierzbowa Street 11/3 , entry in the National Court Register 0000833287, 2.3. Online store - online store operated at www.nicopods.pl by Nicopodsy sp. z o. o. 2.4. Civil Code - the Act of April 23, 1964 (Journal of Laws 1964 No. 16 item 93), 2.5. Goods and Services - all services provided and goods that are the subject of the sales contract between the seller and the buyer,
2.6. Rules and Regulations - these rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204), 2.7. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes or plans to make an Order within the scope of the Online Store using electronic means, 2.8. Order - a declaration of will of the Customer, in which the Customer accepts the Seller's sales offer, which includes, in particular, the price, type, quantity of Goods or Services as part of the sales agreement through the online store. 2.9. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827).
§ 3 Rules of using the online store
3.1 The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zloty. Deviations from the principle of the Polish currency are clearly marked. 3.2 Prices appearing on the website www.nicopods.pl, as well as descriptions of goods and services are only commercial information, and not an offer within the meaning of the Civil Code. They become binding - for the purpose of concluding a specific contract - only upon confirmation of acceptance of the order for execution by the Seller. 3.3 The Seller uses discount codes in the online Store www.nicopods.pl that authorize the purchase of goods with a discount included in the coupon. Discount codes are not convertible into cash equivalent. 3.4 To place an order in the online store www.nicopods.pl it is necessary to accept these Terms and Conditions. 3.5. In order to successfully place an order in the online store www.nicopods.pl, it is necessary to have a device with Internet access that allows you to browse the Internet, as well as a keyboard or other device that allows you to correctly fill out electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.6 The Online Store website uses Responsive Web Design (RWD) technology, which adapts the content of the website to the device on which it is displayed. The Store's website is prepared to be displayed on both desktop computers and mobile devices as well. 3.7 The Store's website www.nicopods.pl has an SSL certificate - a secure protocol for encrypting communication.
§ 4 Terms and conditions of concluding a sales contract
4.1 Orders in the online store www.nicopods.pl can be made by filling out the appropriate forms available on the store's pages. 4.2 When placing an order, the customer is required to provide correct personal data: name, surname, address, e-mail address and cell phone. 4.3. Upon receipt of an order, the Seller shall confirm its receipt and, at the same time, inform about the acceptance of the Order for execution. Confirmation of the order is made by the Seller sending an appropriate e-mail message to the Customer at the address provided in the order form. As soon as the Seller confirms acceptance of the order for execution, the contract is considered to be concluded. 4.4 The disclosure and consolidation of the content of the contract of sale takes place by making these Terms and Conditions available on the website of the Online Store, sending the appropriate information to the Customer's e-mail address provided when placing an order, referred to in §4 item. 4.2. 4.5. Making Orders at the Online Store www.nicopods.pl is possible 24 hours a day, all days of the year.
§ 5 Method of payment and due date
5.1 In the store www.nicopods.pl it is possible to pay in one of the following ways: - transfer to the Seller's bank account, - payment on delivery, - payment in cash upon personal collection. - through payment services of third-party suppliers.
5.2. After placing an order, the Customer receives by e-mail (mail) the number of the bank account to which the correct amount should be transferred. As soon as the payment is credited to the bank account of the store www.nicopods.pl, the order is transferred for execution. 5.3 The online store www.nicopods.pl allows payment by installment and leasing system Comperia + Siemens SimplyLeasy. Detailed information about the entities providing the service in question is available at www.nicopods.pl. 5.4 The online store www.nicopods.pl allows payment through the following external electronic payment services such as: -Tpay.com -DotPay -PayU -Paypal -Translewy24 -Comperia + Siemens SimplyLeasy leasing and installment systems 5.5 The customer is obliged to make payment by one of the above methods within 7 calendar days from the date of conclusion of the sales contract. 5.6 In case of selection of cash on delivery, the Customer is obliged to make payment upon receipt of the shipment.
§ 6 Delivery 6.1 Ordered goods are delivered exclusively in the territory of the Republic of Poland and takes place at the address indicated by the Customer in the order form. 6.2 The shipping time of the goods is indicated on the pages of the Online Store www.nicopods.pl is 48 hours. The Seller will make every effort to deliver the goods within the time specified in the product card in the online store. If the goods cannot be delivered within the aforementioned time, the Buyer will be informed immediately. 6.3 Delivery of ordered Goods shall be made via: - DHL Parcel - UPS
- GLS - InPost courier - DPD courier - Parcel in RUCH - Poczta Polska - GEIS - InPost Paczkomaty 6.4. At the time of delivery of goods to the courier company, the Buyer is notified by sending an e-mail to the address specified in the order. 6.5 The customer may also pick up the ordered goods in person at the office of Nicopodsy Ltd. In case of personal collection, the buyer does not bear the cost of delivery of the goods. 6.6 The cost of delivering the Goods, which, in addition to the price for the Goods, shall be borne by the Customer, is indicated on the Store's website when placing an Order. 6.7 The cost of delivery of the Goods in case of selection of cash on delivery payment shall be borne in full by the Customer. 6.8 At the time of receipt of the goods, the Customer is obliged to confirm their receipt. From that moment the goods become the property of the Customer.
§ 7 Withdrawal from the contract
7.1 A Buyer who is a consumer, who has concluded a contract at a distance or off-premises, has the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the goods to him without giving any reason. 7.2 In the event of exercising the right referred to in the preceding paragraph, the Buyer is obliged to inform the Seller by submitting a statement of withdrawal on the form made available to him by the Seller, which may be sent by mail to the following address: sklep@nicopods.pl; he may also do it electronically by means of an electronic withdrawal form sent to the Seller's e-mail address sklep@nicopods.pl. To meet the deadline it is sufficient to send the statement before its expiration. Statement of withdrawal made after the deadline referred to in §7 item. 7.1 has no legal effect.
7.3 The form of declaration of withdrawal from the contract (Appendix No. 1 to these Regulations) is provided to the Buyer in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for execution). 7.4 If the Buyer submits a statement of withdrawal electronically via an electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the statement of withdrawal (on a permanent data carrier within the meaning of Article 2 item 4 of the Act of 30.5.2014. - on consumer rights (i.e. Journal of Laws of 2017, item 683). 7.5 The cost of returning the goods, with the exception of the situation referred to in Article 33 (i.e. in the situation of additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store) and Article 34 paragraph 2 of the Act of 30.5.2014. - on consumer rights (i.e. Journal of Laws of 2017, item 683), shall be borne by the Seller. 7.6 The Buyer is obliged to properly secure the returned goods so as to prevent damage in transit (direct cost of returning the item - in accordance with Article 34 paragraph 2 of the Act of 30.5.2014. - On consumer rights (i.e., Journal of Laws of 2017, item 683). The consumer shall bear the direct costs of returning the goods. 7.7 The buyer is obliged to return the item immediately, but no later than within 14 days from the date on which he withdrew from the contract. The seller may stipulate that in the event of withdrawal from the contract, the thing to be returned will be collected by him or a person authorized by him. 7.8 If the delivered goods are incomplete, or bear traces of use, beyond the ordinary management of the thing, the Seller reserves the right to refuse to accept the shipment, or to reduce the returned amount by the equivalent of the damaged goods. 7.9 In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer's bank account immediately, but no later than within 14 days of receipt by the Seller of the Buyer's statement of withdrawal from the contract. 7.10. The Seller declares that the return of payments referred to in § 7.7.9 of the Terms and Conditions will be carried out using the same method of payment used by the Buyer.
The Seller, in consultation with the Buyer, may determine a different method of return, which will not involve additional costs to the Buyer. 7.11. The Seller declares that the right of withdrawal does not apply to contracts covered by Article 38 of the Law of 30.5.2014. - On consumer rights (i.e. Journal of Laws of 2017, item 683). 7.12. By entering into a contract, the Buyer confirms that he has familiarized himself with the content of these Regulations, including confirming that he has been notified of the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the goods to him.
§8 Complaints
8.1 If, after ownership of the goods has passed to the Buyer, he finds that the goods have physical or legal defects, the Buyer may: 1) if he is a consumer (within the meaning of Article 221 § 1 of the Civil Code) - make a complaint to the Seller under the warranty for defects, 2) if he is not a consumer - make a complaint to the Seller under the warranty for defects. 8.2 In the event of mechanical damage, which occurred during delivery, or in the event of a complaint to the Seller, the Buyer should send information about this fact by letter to www.nicopods.pl or by e-mail to sklep@nicopods.pl. In the notification it is advisable to indicate the defect that, according to the Customer, the goods have, and if possible - to document the defect in question, the date of occurrence of the defect, the demand for a method of bringing the goods into conformity with the contract in accordance with Article 560 et seq. Civil Code, and to provide contact information. The above requirements are recommendations, their absence does not affect the effectiveness of the complaint. 8.3 The Seller shall respond to the complaint within 14 days of receipt. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified. 8.4 The Seller shall inform the Customer about the possibility of using out-of-court methods of handling complaints about the Goods, including by submitting by the Customer, after the complaint procedure, an application for mediation or an application for consideration of the case before an arbitration court (the application can be downloaded at
http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the complaint procedure is free of charge. In the case of a Customer who is a consumer, wishing to use the out-of-court method of claim investigation, there is additionally the possibility of filing a complaint through the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
§9 Rules of publishing opinions
9.1 Any buyer/customer may publish opinions about the goods/service in the appropriate place on the Store's website. The opinion should be written in Polish with the rules of correct Polish. 9.2 Opinions are subjective statements of customers. The Seller assumes no responsibility for their content. 9.3 The Buyer/Customer declares that his/her statement does not violate any applicable law or the rights of third parties. He/she bears full responsibility for the statements placed by him/her on the Online Store www.nicopods.pl. 9.4 The submitted opinion is subject to verification by the seller in terms of checking whether the opinion does not contain prohibited content, i.e. in particular when the opinion violates applicable laws, contains prohibited content, advertising, personal data, violates copyright, etc.
§ 10 Personal data
10.1 The administrator of personal data is the Seller. 10.2 The rules for the protection of personal data can be found in the Privacy Policy of the online store www.nicopods.pl, available at www.nicopods.pl.
§ 11 Final provisions
11.1 The Seller reserves the right to make changes to these Regulations for important reasons. Any changes to the Terms and Conditions shall come into force on the appropriate date indicated by the Seller, but not less than 7 days. 11.2 The amended Terms and Conditions shall be binding on the Buyer/Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been complied with, that is, the Buyer/Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. 11.3 Pursuant to Article 8(3)(2)(b) of the Act of 18.7.2002 on the provision of services by electronic means (i.e. Journal of Laws of 2017, item 1219), an entity using the ABC online store website is obliged not to post unlawful content on the website. 11.4 In matters not covered by these regulations, the relevant provisions of the Civil Code and the Act of 30.5.2014 will apply. - On consumer rights (i.e. Journal of Laws of 2017, item 683). 11.5 These Regulations are available at [website address]. 11.6 Contracts with the seller shall be concluded in the Polish language. 11.7 The Regulations shall come into force on 03.04.2020.
