TERMS AND CONDITIONS OF ONLINE SHOP
- Shop www. nicromi.com operates on the principles set out in these Terms and Conditions.
- Regulations define the conditions for conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Shop www. nicromi.com, the rules for the provision of these services, the conditions for conclusion and termination of agreements on the provision of services by electronic means.
- Each Customer, as soon as he or she starts using Electronic Services of the shop www. nicromi.com, is obliged to comply with the provisions of these Regulations.
- In matters not covered by these Regulations, the provisions shall apply:
- Law on Providing Services by Electronic Means of 18 July 2002. ,
- Consumer Rights Act of 30 May 2014. ,
- Law on extrajudicial resolution of consumer disputes of 23 September 2016. ,
- Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.
DEFINITIONS CONTAINED IN THE RULES OF PROCEDURE
- CONTACT FORM – a form available on the website www. nicromi.com allowing you to send a message to the Service Provider.
- REGISTRATION FORM – a form available on the website www. nicromi.com allowing the creation of an Account.
- ORDER FORM – a form available on the website www. nicromi.com allowing to place an Order.
- CUSTOMER – Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
- ACCOUNT – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the Customer’s data are collected, including information about placed Orders.
- PRODUCT – a movable item, service or Digital Content available in the Shop, being the subject of the Sales Agreement between the Customer and the Seller.
- REGULATIONS – these rules of the Store.
- STORE – Service Provider’s online shop operating at www. nicromi.com.
- SELLER, SERVICE PROVIDER – Krzysztof Nieroba conducting business activity under the name NICROMI ENGINEERING KRZYSZTOF NIEROBA entered into the Central Register of Business Activity and Information of the Republic of Poland kept by the minister competent for economy, place of business and address for service: ul. Poziomkowa 11, 43-186 Orzesze, NIP: 6351856994, REGON: 388461909, electronic mail address (e-mail): firstname.lastname@example.org
- OPINION SYSTEM – Electronic Service made available to Clients by the Service Provider, enabling posting of opinions by the Clients.
- SALE AGREEMENT – a contract of sale of a Product concluded between the Customer and the Seller through the Shop.
- DIGITAL CONTENT – data provided by the Seller in digital form, access to which is achieved by downloading to the Customer’s device.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
- USER – a natural person, legal person or organisational unit without legal personality, to whom an act grants legal capacity, using an Electronic Service.
- ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
INFORMATION ON PRODUCTS AND THEIR ORDERING
- Shop www. nicromi.com sells Products via the Internet.
- Products offered in the Shop are new, free from physical and legal defects and have been legally introduced into the Polish market.
- The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product on the conditions specified in its description.
- The Product price displayed on the Shop website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
- The Product price displayed on the Store website is binding at the time the Customer places the Order. This price will not change irrespective of any price changes in the shop which may occur for individual Products after the Customer has placed the Order.
- Orders can be placed:
- via the website using the Order Form (Shop www. com/shop) – 24 hours a day, all year round,
- by e-mail to: email@example.com.
- In order to place an Order, the Customer is not obliged to register an Account in the Shop.
- The condition of placing an Order in the Store by the Customer is reading the Regulations and accepting their provisions when placing the Order.
CONCLUSION OF THE SALES CONTRACT
- In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order using the methods made available by the Seller, in accordance with § 3 item 6 and 8 of the Terms and Conditions.
- After placing an Order, the Seller shall immediately confirm its receipt.
- Confirmation of receipt of the Order as referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
- The confirmation of receipt of the Order shall include:
- confirmation of all essential elements of the Order,
- withdrawal form,
- these Terms and Conditions including instructions on the right of withdrawal.
- Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement between the Customer and the Seller is concluded.
- Each Sales Contract shall be confirmed by a proof of purchase (VAT invoice), which shall be attached to the Product and/or sent by email to the Customer’s email address as provided in the Order Form.
METHODS OF PAYMENT
- The Seller provides the following payment methods:
- payment by traditional bank transfer to the Seller’s bank account,
- payment via electronic payment system (PayPal.com, Przelewy24.pl).
In case of payment by traditional bank transfer, the payment should be made to the following bank account: PL16 8436 0003 0000 0026 8357 0001 (Mikołowski Bank Spółdzielczy w Mikołów) NICROMI ENGINEERING KRZYSZTOF NIEROBA, ul. Poziomkowa 11, 43-186 Orzesze, NIP: 6351856994. In the transfer title please write “Order no. …”.
- In the case of payment through the electronic payment system, the Customer pays before the Order is processed. The electronic payment system makes it possible to pay by credit card or quick transfer from selected Polish banks.
- The Customer is obliged to pay the price for the Sales Agreement immediately, within 1 hour of concluding it, unless the Sales Agreement provides otherwise.
- The product will only be dispatched once it has been paid for.
COST, TIME AND MEANS OF DELIVERY OF THE PRODUCT
- The costs of delivery of the Product, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of the method of payment and the method of delivery of the purchased Product.
- The Product delivery time shall consist of the time taken to complete the Product and the time taken for the delivery of the Product by the carrier:
- The time taken to complete the Products is up to 3 working days from the moment:
- the posting of monies paid under the Sales Agreement on the Seller’s account, or
- positive authorisation of the transaction by the electronic payment system.
- The delivery of the Products being movable items by the carrier shall take place within the period declared by the carrier, i.e. up to 7 working days from the moment of sending the parcel (delivery shall take place only on working days excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are sent via the Polish Post Office or a courier company.
- The Digital Content not recorded on a durable medium shall be sent to the e-mail address specified by the Customer in the Order Form. It is also possible to download the Digital Content from the website of the Store after the payment has been made.
- Products purchased in the Store may be collected by the Customer in person after prior e-mail contact.
- Warranty claims.
- The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under warranty covering physical and legal defects are set out in the Civil Code Act of 23 April 1964.
- Notification of defects concerning the Product and filing an appropriate request can be made by e-mail to the address: firstname.lastname@example.org or in writing to the address Poziomkowa 11, 43-186 Orzesze.
- In the above-mentioned message in written or electronic form, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and accelerate the processing of the complaint by the Seller.
- To assess physical defects of the Product being a movable item, it should be delivered to the address: Poziomkowa 11, 43-186 Orzesze.
- The Seller shall respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint.
- In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to accepting it. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.
- The response to a complaint shall be given on paper or on another durable medium, e.g. by e-mail or SMS.
RIGHT OF WITHDRAWAL
- Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a remote agreement, may withdraw from it without giving reasons, making a relevant statement within 14 days. Sending a statement of withdrawal is sufficient to meet this deadline.
- In the case of withdrawal from the agreement, the Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or submit it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller offered to collect the Product himself. In order to meet the deadline it is enough to send back the Product before its expiry.
- In the case of withdrawal from the Sales Agreement, the Product which is a movable item should be returned to the address: Poziomkowa 11, 43-186 Orzesze.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions, should only handle and inspect the Products in the same manner as they would do in a stationary shop.
- Subject to the provisions of point 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with its delivery costs using the same method of payment as the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions, have expressly agreed to a different method of reimbursement, which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall be made immediately, and at the latest within 14 days from receipt by the Seller of a notice of withdrawal from the Sales Agreement.
- If the Consumer or entity referred to in § 10 of the Terms and Conditions chose a method of delivery of the Product other than the cheapest standard delivery method offered by the Shop, the Seller shall not be obliged to reimburse them the additional costs they have incurred.
- If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the reimbursement of payments received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provide proof of its return, whichever event occurs first.
- A Consumer or an entity referred to in § 10 of the Terms and Conditions, withdrawing from a Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
- The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be calculated from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of services from the date of conclusion of the contract.
- The right of withdrawal from a distance contract is not granted to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Contract:
- in which the object of the supply is a non-refabricated item produced to the consumer’s specifications or intended to meet his individual needs,
- in which the subject-matter of the supply is a thing which, after delivery, is inseparable from other things by reason of its nature,
- in which the subject matter of the provision is a service, if the Seller has performed the service in full with the express consent of the Consumer who was informed before the provision was made, that after the Seller’s performance he will lose the right to withdraw from the contract,
- where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging was opened after delivery,
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- Both the Seller and the Customer have the right to withdraw from the Sales Agreement in case the other party to the agreement fails to fulfil its obligations within a strictly specified period of time.
PROVISIONS CONCERNING BUSINESS (B2B)
- This paragraph contains provisions which only concern entrepreneurs who are not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions.
- The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may be made without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a Consumer.
- The Seller shall have the right to limit, in relation to Customers who are not consumers, the methods of payment made available by him, including the requirement to make a partial or full advance payment of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
- Benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a Consumer at the time of the release of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring from the moment of acceptance of the Product for transport until its release to the Customer, as well as for delay in transportation of the consignment.
- If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that during transport there was a defect or damage to the Product, he is obliged to carry out all activities necessary to determine the liability of the carrier.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a termination notice to the Client who is not a Consumer.
PROVISIONS ON TRADERS WITH RIGHTS AS CONSUMERS
- An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) shall be covered by the protection provided for in the Act on Consumer Rights, provided that the Sales Agreement concluded with the Seller does not have a professional character.
- The business person referred to in paragraph 1 of this section is covered only to the extent of:
- prohibited contractual terms – so-called abusive clauses,
- liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,
- the right to withdraw from a remote agreement, in accordance with § 8 of the Terms and Conditions.
- The entrepreneur referred to in point 1 of this paragraph shall lose his rights under consumer protection in the event that the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entrepreneur’s entry in the Central Business Register and Information on Business Activity of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.
- Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for consumers by district consumer ombudsmen and the President of UOKiK.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables via the Shop the use of Electronic Services such as:
- concluding Product Sales Agreements,
- maintaining an Account in the Store,
- Opinion System,
- sending a message through the Contact Form.
- The provision of Electronic Services to Customers in the Store takes place under the conditions set out in the Regulations.
- The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Shop and the materials presented therein.
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR ELECTRONIC SERVICES
- Provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Shop is concluded for a definite period and terminates at the moment of placing an Order or ceasing to place it.
- The agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time.
- The contract for the provision of an Electronic Service consisting of the use of the Rating System shall be entered into for a fixed term and shall terminate upon the posting of an opinion or cessation of use of that Service by the Customer.
- The contract for the provision of Electronic Services consisting of enabling the Service Recipient to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and terminates upon sending the message or upon its discontinuation by the Service Recipient.
- Technical requirements necessary for cooperation with the tele-information system used by the Service Provider:
- a computer (or mobile device) with Internet access,
- access to e-mail,
- web browser,
- The Customer is obliged to use the Store in a manner consistent with the law and good practice with a view to respecting the personal rights and intellectual property rights of third parties.
- The customer is obliged to enter factually correct data.
- The Customer is prohibited from providing unlawful content.
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints relating to the provision of Electronic Services through the Shop may be made by the Customer via e-mail to the following address: email@example.com
- In the above-mentioned e-mail message, please provide as much information and circumstances concerning the subject matter of the complaint as possible, in particular the type and date of occurrence of the irregularity and your contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.
- The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.
- The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address specified in the complaint or in any other way specified by the Client.
CONDITIONS FOR TERMINATION OF E-SERVICE CONTRACTS
- Termination of an agreement for the provision of an Electronic Service:
- An agreement for the provision of an Electronic Service of a continuous and unlimited character (maintaining an Account) may be terminated.
- The Customer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement by e-mail to the following address: firstname.lastname@example.org
- The Service Provider may terminate a contract for the provision of continuous and uninterrupted Electronic Services in the event that the Client breaches the Terms and Conditions, in particular if the Client provides illegal content, after an ineffective prior request to cease the breach by setting an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a declaration of intent to terminate it (notice period).
- Termination shall lead to the termination of the legal relationship with effect for the future.
- The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.
- All content included on the website at www. nicromi.com is protected by copyright and (subject to § 15.3) is the property of Krzysztof Nieroba doing business under the name NICROMI ENGINEERING KRZYSZTOF NIEROBA, place of business and address for delivery: ul. Poziomkowa 11, 43-186 Orzesze, NIP: 6351856994, REGON: 388461909. The Customer shall be fully liable for any damage caused to the Service Provider as a result of using any content of www. nicromi.com without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content of the nicromi.com website constitutes an infringement of copyright vested in the Service Provider and will result in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Shop website at www. nicromi.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the website of the Store at www. nicromi.com are used for information purposes.
- Contracts concluded through the Shop are concluded in accordance with Polish law.
- If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
- Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first instance by negotiation, with the intention of an amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of common jurisdiction, in accordance with paragraph 4 of this section.
- Judicial settlement of disputes:
- Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964.
- Any disputes arising between the service provider and the client (customer) who is not a consumer as referred to in §9 of the Terms and Conditions shall be submitted to the court with jurisdiction over the service provider’s registered office.
- A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the completion of the complaint procedure, an application for mediation or an application for the case to be considered by an arbitration court (application can be downloaded from the website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Province Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
- In order to resolve the dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.