REGULATIONS OF THE NUES.PL ONLINE STORE
§1.
ADJUSTMENT RANGE
These regulations specify the rules for using the NUES Online Store located on the Internet at www.nues.pl , including the rules for placing orders, delivery of goods to the Buyer, payment by the Buyer for the purchased goods, the Buyer's rights to cancel the order and withdraw from the contract, and rules for submitting and considering complaints.
§2.
DEFINITIONS
Order processing time - the time in which the Store completes the order and forwards it to the carrier implementing the form of delivery chosen by the Buyer,
Sales document - an invoice confirming the sale, in the form of a VAT invoice or receipt,
Working days - these are days from Monday to Friday, excluding public holidays;
Payment method - the method of paying the price for the ordered goods, selected by the Buyer when ordering the goods,
Delivery method - the method of delivery of the ordered goods selected by the Buyer when placing the order,
Registration form - available on the Seller's website, a questionnaire whose completion by the Buyer is a condition for registering the Buyer in the Seller's sales system and placing orders in the store,
Order form - available on the Seller's website, a questionnaire used by the Buyer to order goods,
Information - information about the product, located next to the product photo, constituting a description of the most important terms and characteristics of a given product, enabling the Buyer to become familiar with its properties.
Buyer (Customer) - a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Consumer - Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code
Entrepreneur – Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
Goods - a product presented in the Online Store, the description of which is available for each of the presented products;
Goods "available to order" - goods that are manufactured at the individual request of the Customer reported in the order form, marked on the product card as a "made to order" product;
Online store/Store - online service available at www.nues.pl run by "Beneficium Mateusz Kusio", through which the Buyer can order and purchase goods,
Seller – "Beneficium Mateusz Kusio"
Sales Agreement - Goods sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer;
Order - a declaration of will by the Customer placed by the Buyer via the Online Store, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.
§3.
PARTIES TO THE CONTRACT
- The online store operating under the name NUES and the address www.nues.pl is run by Beneficium Mateusz Kusio, Centralna 23a/2, 24-100 Puławy NIP: 7162647244, REGON: 061501690, using the e-mail address: sklep@ for electronic correspondence. nues.pl, tel. 791850618, hereinafter referred to as the Seller or NUES online store.
- The buyer in the NUES online store may be: a natural person with full legal capacity, a legal person with legal capacity, an organizational unit that is not a legal person and which is granted legal capacity by law.
- The condition for placing an Order is to have an active e-mail account.
- If an Order is placed via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Buyer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form is binding on the Buyer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Buyer, which constitutes the Seller's declaration of acceptance of the Buyer's offer and upon its receipt by the Buyer, a Sales Agreement is concluded.
- The sales contract is concluded between the Buyer and the Seller.
- The essential provisions of the concluded contract are recorded, secured and made available by providing the Buyer with an invoice confirming the purchase of the goods (receipt or VAT invoice) along with the shipment.
§4.
ORDERS
- The NUES online store sells via the Internet. All orders are accepted only via the website www.nues.pl. To place an order, it is necessary for the Buyer to read these regulations and confirm this fact.
- All products offered in the NUES store are brand new and have been legally placed on the market.
- The selected goods are ordered by completing the form available on the Store's website.
- The prices of goods in the Online Store are gross prices (including the so-called "VAT" tax). Prices are given in Polish zlotys (PLN). The price of a particular item displayed on the Seller's website at the time the Buyer places the order is binding on the parties to the transaction. The price of the goods does not include the costs of delivery, information about the cost of delivery of the goods is provided when placing the order.
- The Seller reserves the right to change the prices of goods available in the online store and the right to conduct and cancel all types of promotional campaigns and sales. Changes in the prices of goods do not apply to goods already ordered, the price of which is binding on the parties at the time of ordering the goods.
- Every buyer can obtain special discounts and discounts on goods available in the online store. The rules for granting discounts and allowances are determined and published on the Seller's website.
- When purchasing each product, an invoice is issued in the form of a receipt or, at the Buyer's request before making the purchase, a VAT invoice. The invoice is delivered to the Buyer in paper form together with the shipment containing the ordered goods.
- The sales contract between the Parties is concluded when the Buyer receives confirmation that the Seller has accepted the order for execution. This confirmation is sent by e-mail to the Buyer's address provided when placing the order. The condition for the Seller to accept and execute the order is that the Buyer completes the order form correctly and completely.
- The order will not be accepted by the Seller if the Buyer provides incomplete or incomplete data in the order form, which will prevent the Buyer from being verified and delivering the goods.
- If it is not possible to contact the Buyer due to providing incorrect data (phone number, address), the order will be canceled after 3 business days.
- If the Buyer fails to pay for the order, it is automatically canceled after 3 days.
- If Buyer wishes to cancel an order, please contact the Seller immediately.
- The Seller collects and processes the personal data provided by the Buyers in accordance with applicable law and the Privacy Policy, available on the Store's website. Placing an order by the Buyer is tantamount to consent to NUES storing personal data contained in the order, in accordance with the Personal Data Protection Act.
- Completing and sending the order form by the Buyer constitutes the Buyer's submission of an offer to the Seller within the meaning of the Civil Code.
§5.
PAYMENTS
- The buyer has the right to choose the form of delivery of the goods and the form of payment for the goods together with the delivery. Information regarding the payment methods accepted by the Seller can be found on the Seller's website in the "Payment methods" tab. The Buyer selects the payment method in the order form.
- The cost, date and method of delivery of the goods result from the form of delivery selected by the Buyer in the order.
- After accepting the order and sending the order confirmation to the Buyer, the Seller waits 3 business days for the transaction to be authorized by the electronic payment operator and the Buyer's bank (making the payment). If this deadline expires ineffectively, the order is automatically canceled and failure to make payment by the Buyer is tantamount to withdrawal from the contract.
§6.
DELIVERY OF GOODS
- Deliveries of goods ordered in the online store www.nues.pl are carried out within the territory of the Republic of Poland and in selected European Union countries, the list of which is available at www.nues.pl , after selecting the delivery option in the basket.
- The Seller delivers the ordered goods to the Buyer via courier.
- Within three business days from the date of payment by the Buyer, the Seller sends the ordered goods together with the invoice to the address indicated by the Buyer. The invoice may also be sent to the Buyer's e-mail address provided when placing the order, to which the Buyer consents.
- The contract withdrawal form is available at www.nues.pl in the "Returns and complaints" tab.
- The ordered goods are delivered to the address indicated in the order form.
- The delivery cost is borne by the Buyer and is provided when placing the order.
- The Buyer is informed about the order status via e-mail to the address provided when placing the order.
- Receipt of the goods must be confirmed by a written receipt. Upon receipt of the goods, the Buyer transfers ownership of the goods and all risks related to the possession and use of the goods, in particular the risk of loss, destruction or damage to the goods.
- When receiving the goods, the Buyer is obliged to check whether the shipment has no damage during transport and whether it complies with the order.
§7.
COMPLAINTS
- The warranty document is the sales document.
- Upon receipt of the goods, the Buyer is obliged to check the condition of the shipment.
- For physical or legal defects of items, the Seller is liable to the Buyer who is a consumer under the terms specified in Art. 556 et seq. of the Civil Code (warranty).
- The Buyer may not withdraw from the Agreement if the defect is immaterial.
- Complaints arising from the violation of the rights of the Buyer who is a consumer guaranteed by law or under these Regulations should be sent to the following address: NUES Kolonia Góra Puławska 3, 24-100 Puławy or via e-mail to: sklep@nues.pl
- To make a complaint about the Goods, the Buyer should send the complained Goods to the Seller, attaching proof of purchase. The goods should be sent to the address indicated in point. 5.
- The Seller undertakes to consider each complaint within 14 days.
- If there are any deficiencies in the complaint, the Seller will request the Buyer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Buyer.
§8.
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act, provided that the Agreement he or she concludes with the Seller is directly related to his or her business activity, but the content of this Agreement shows that it does not apply for him of a professional nature, resulting in particular from the subject of his business activity.
- A person running a business activity referred to in point 1 of this paragraph is protected only in the scope of:
- prohibited contractual provisions,
- liability for non-compliance of the Product or Digital Content with the contract,
- the right to withdraw from a distance contract,
- rules regarding the contract for the supply of Digital Content or digital service.
- The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the Polish Classification of Activities codes indicated there.
- Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided to consumers by district consumer ombudsmen and the President of the Office of Competition and Consumer Protection.
§9.
WITHDRAWAL FROM THE CONTRACT
- The Buyer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration before its expiry.
- The Buyer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website www.nues.pl ("Return Form").
- The 14-day period is counted from the day on which the Goods were delivered.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer's e-mail address.
- Cash on delivery shipments will not be accepted.
- In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address: NUES, Kolonia Góra Puławska 3, 24-100 Puławy.
- The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until he receives the item back or until the Customer provides proof of sending it back, depending on which event occurs first.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for additional costs incurred.
- The consumer only bears the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
- Goods manufactured to the Customer's order are not returnable.
§10.
PERSONAL DATA PROTECTION
The personal data provided by the Buyers is collected and processed by the Seller in accordance with applicable law and in accordance with the content of the "Privacy Policy" available on the website of the NUES Online Store.
§11.
FINAL PROVISIONS
All rights to the NUES online store operating at www.nues.pl, including economic copyrights, intellectual property rights to its name, its Internet domain, the online store website, as well as to forms and logos belong to the Seller, and the use of may only take place in a manner specified and in accordance with the Regulations.
- It is prohibited for the Buyer or third parties to use the Online Store or the store's website to send unsolicited commercial information.
- Information about goods posted on the store's website does not constitute a commercial offer within the meaning of Art. 543 of the Civil Code. The presentation in the store does not constitute an offer within the meaning of the Civil Code, it is only an invitation to enter into negotiations (in accordance with Article 71 of the Civil Code).
- The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
- The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the locally competent court in accordance with the provisions of the applicable Code of Civil Procedure.
- Placing an order in the NUES online store constitutes acceptance of the sales rules arising from the Regulations by the Buyer and obliges the Buyer to comply with the rules contained therein.
- The Seller is not responsible for blocking by mail server administrators of sending messages to the e-mail address provided by the Buyer and for deleting and blocking e-mails by software installed on the computer used by the Buyer.
- The authors of the posted graphic works and content do not consent to their publication or modification in any way (publications, publications, presentations, websites and in any other way covered by the Copyright Protection Act) without their written consent.
- In matters not regulated by these regulations, generally applicable provisions of Polish law shall apply.
- The Seller reserves the right to change the Regulations for important technical, legal and/or organizational reasons, however, the provisions of the previously applicable Regulations will apply to all orders placed before the date of introduction of changes. The registered Buyer will be informed about changes to the Regulations 14 days in advance; placing an order in the NUES online store after this deadline constitutes acceptance of the sales rules resulting from the changes to the Regulations. The amended Regulations will be published on the Store's website.
- The Regulations may be recorded, obtained and reproduced by printing them or saving them on an appropriate data carrier.
- The Regulations enter into force on July 1, 2022
