RULES OF THE NUES.PL ONLINE STORE
§1.
REGULATION RANGE
These regulations define the rules for using the NUES Online Store operated 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 the rules for submitting and processing complaints.
§2.
DEFINITIONS
Order processing time - the time in which the Store will complete the order and forward it to the carrier implementing the delivery method chosen by the Buyer,
Sales document – a bill confirming the sale, in the form of a VAT invoice or receipt,
Working days – days from Monday to Friday, excluding public holidays;
Payment method – the method of payment for the ordered goods, selected by the Buyer when placing the order,
Delivery method – the method of delivery of the ordered goods, selected by the Buyer when placing the order,
Registration form – a questionnaire available on the Seller’s website, the completion of which by the Buyer is a condition for registering the Buyer in the Seller’s sales system and placing orders in the store,
Order form - a questionnaire available on the Seller's website, through which the Buyer places an order for goods,
Information – information about the product, located next to the product photo, constituting a description of the most important terms and characteristics of the product, enabling the Buyer to become familiar with its properties.
Buyer (Customer) – a natural person who has full legal capacity, a natural person conducting business activity, 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 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Consumer - A customer who is a consumer within the meaning of Article 22[1] of the Civil Code
Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 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;
"Available to order" goods - goods that are manufactured at the Customer's individual request specified in the order form, marked on the product card as a "made to order" product;
Online Store/Shop – 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 - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Order – a declaration of intent of 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 Goods.
§3.
PARTIES TO THE AGREEMENT
- 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@nues.pl, tel. 791850618 for electronic correspondence, hereinafter referred to as the Seller or the NUES online store.
- The buyer of 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 but which is granted legal capacity by law.
- The condition for placing an Order is to have an active e-mail account.
- When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Buyer electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically binds the Buyer if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Buyer. This confirmation constitutes the Seller's 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) together with the shipment.
§4.
ORDERS
- The NUES online store conducts sales via the Internet. All orders are accepted exclusively via the website www.nues.pl. To place an order, the Buyer must read and acknowledge these terms and conditions.
- All products offered in the NUES store are brand new and have been legally placed on the market.
- Orders for selected goods are placed by completing the form available on the Store's website.
- Prices for goods in the Online Store are gross prices (including value added tax, also known as "VAT"). Prices are quoted in Polish zloty (PLN). The price of each 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 shipping costs; information about the shipping costs is provided when placing the order.
- The Seller reserves the right to change the prices of goods available in the online store and to conduct and cancel all types of promotional campaigns and sales. Price changes do not apply to goods already ordered, the price of which is binding on the parties at the time of ordering.
- Every buyer can receive special discounts and rebates on goods available in the online store. The rules for granting discounts and rebates are defined and published on the Seller's website.
- For each purchase, an invoice is issued in the form of a receipt or, at the Buyer's request submitted before the purchase, a VAT invoice. The invoice is delivered to the Buyer in paper form along with the shipment containing the ordered goods.
- A sales contract between the Parties is concluded upon the Buyer receiving confirmation that the Seller has accepted the order. This confirmation is sent via email to the Buyer's address provided when placing the order. The Seller's acceptance and fulfillment of the order is contingent upon the Buyer completing 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 the goods from being delivered.
- If it is impossible to contact the Buyer due to providing incorrect data (telephone number, address), the order will be canceled after 3 business days.
- If the Buyer does not pay for the order, it will be automatically canceled after 3 days.
- If the Buyer wishes to cancel the order, he/she should contact the Seller immediately.
- The Seller collects and processes the personal data provided by Buyers in accordance with applicable law and the Privacy Policy available on the Store's website. By placing an order, the Buyer consents to NUES storing the personal data contained in the order, in accordance with the Personal Data Protection Act.
- Completion and submission of the order form by the Buyer constitutes the submission of an offer by the Buyer to the Seller within the meaning of the Civil Code.
§5.
PAYMENTS
- The Buyer has the right to choose the method of delivery of the goods and the method of payment for the goods, including delivery. Information on 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 on the order form.
- The cost, date and method of delivery of the goods result from the delivery method selected by the Buyer in the order.
- After accepting the order and sending the Buyer an order confirmation, the Seller waits 3 business days for the transaction to be authorized by the electronic payment provider and the Buyer's bank (payment). If this deadline expires without effect, the order will be automatically canceled, and the Buyer's failure to make payment will constitute withdrawal from the contract.
- The Seller informs that in the case of card payments via Przelewy24, the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań , entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935 , NIP 7792369887, Regon 301345068 .
§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 on the website www.nues.pl , after selecting the delivery option in the shopping cart.
- The Seller delivers the ordered goods to the Buyer via courier.
- Within three business days of the Buyer's payment, the Seller will ship the ordered goods, along with an invoice, to the address provided by the Buyer. The invoice may also be sent to the Buyer's email address provided when placing the order, to which the Buyer consents.
- The withdrawal form is available at www.nues.pl in the "Returns and complaints" tab.
- The ordered goods are delivered to the address indicated on the order form.
- The cost of delivery is borne by the Buyer and is indicated when placing the order.
- The Buyer is informed about the status of the order 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, ownership of the goods and all risks associated with possession and use of the goods, in particular the risk of loss, destruction, or damage to the goods, are transferred to the Buyer.
- When receiving the goods, the Buyer is obliged to check whether the shipment has not been damaged 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.
- The Seller shall be liable to the Buyer who is a consumer for physical or legal defects of goods under the terms specified in Article 556 et seq. of the Civil Code (warranty).
- The Buyer may not withdraw from the Contract if the defect is insignificant.
- Complaints arising from the infringement of the rights of the Buyer who is a consumer guaranteed by law or under these Regulations should be sent to the address NUES Kolonia Góra Puławska 3, 24-100 Puławy or via e-mail to the following address: sklep@nues.pl
- To file a complaint regarding a Product, the Buyer should send the Product in question to the Seller, along with proof of purchase. The Product 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 supplement 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 RELATING TO ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is protected by the Consumer Rights Act provided that the Agreement he concludes with the Seller is directly related to his business activity, but the content of this Agreement indicates that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
- A person conducting business activity referred to in point 1 of this paragraph is covered by protection 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 a 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 Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
- The entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided to Consumers by the district consumer ombudsmen and the President of the Office of Competition and Consumer Protection.
§9.
WITHDRAWAL FROM THE CONTRACT
- A Buyer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
- The Buyer may formulate the declaration himself or use the declaration template provided by the Seller on the Store 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 Agreement to the Consumer's e-mail address.
- Cash on delivery shipments will not be accepted.
- In the event of withdrawal from a Distance Agreement, the Agreement is deemed null and void. Whatever the parties have provided must be 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 14 days. 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 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 shipping the Goods. The Seller will refund the payments using the same payment method used by the Consumer, unless the Consumer consents to a different payment method, provided that such a method will not incur any costs for the Consumer. The Seller may withhold reimbursement of payments received from the Customer until the Goods are received back or the Customer provides proof of sending the Goods back, whichever 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 the additional costs incurred by him.
- The Consumer shall only bear 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 subject to return.
§10.
PERSONAL DATA PROTECTION
The Seller collects and processes the personal data provided by Buyers in accordance with applicable law and in accordance with the content of the "Privacy Policy" available on the NUES Online Store website.
§11.
FINAL PROVISIONS
All rights to the NUES online store operating at www.nues.pl, including copyrights, intellectual property rights to its name, its internet domain, the website of the online store, as well as to forms and logos, belong to the Seller, and may only be used in the manner specified in 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.
- The information about the goods published on the store's website does not constitute an offer within the meaning of Article 543 of the Civil Code. The presentation in the store does not constitute an offer within the meaning of the Civil Code; it is merely an invitation to negotiate (pursuant to Article 71 of the Civil Code).
- Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller's registered office.
- Any disputes arising between the Seller and the Customer who is a Consumer shall be resolved by the court of competent jurisdiction in accordance with the provisions of the Code of Civil Procedure applicable thereto.
- Placing an order in the NUES online store constitutes acceptance of the sales rules resulting from the Regulations by the Buyer and obliges the Buyer to comply with the rules contained therein.
- The Seller is not responsible for the blocking by mail server administrators of sending messages to the e-mail address provided by the Buyer or for the deletion and blocking of 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 (in publications, presentations, websites and in any other manner covered by the Copyright Act) without their written consent.
- In matters not regulated by these regulations, the generally applicable provisions of Polish law shall apply.
- The Seller reserves the right to amend the Terms and Conditions for important technical, legal, and/or organizational reasons. However, the provisions of the previously applicable Terms and Conditions will apply to all orders placed before the date of the amendments. Registered Buyers will be notified of any changes to the Terms and Conditions 14 days in advance. Placing an order in the NUES online store after this deadline constitutes acceptance of the sales rules resulting from the amendments to the Terms and Conditions. The amended Terms and Conditions 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 come into force on 01/07/2022
