Terms and conditions of the online store and newsletter

  • Terms and conditions of the online store and newsletter

§1. Preliminary provisions

  1. The Regulations set out the terms and conditions of contracts for the supply of physical products and digital content in the form of a Newsletter, in particular the rights and obligations of the parties to the contract, i.e. Vendor and Customer or Newsletter User.
  2. Each Customer and Newsletter User is required to read and accept the terms and conditions set forth in the Terms and Conditions before concluding a Contract with the Seller.

§2. Definitions
Definitions used in the Regulations should be understood as follows:

  1. Vendor – NC Online sp. z o.o, ul. Palestyńska 6, 52-133 Wrocław, NIP: 8992916107, KRS: 0000951592, Share capital: PLN 5000
  2. Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, who uses the services and functionalities of the Website, and in particular makes purchases through the Store.
  3. Consumer – a natural person making a purchase on the Website to the extent not directly related to his/her business or professional activity.
  4. Entrepreneur on the rights of a consumer – an individual making a purchase directly related to his business activity, when it is clear from the content of this contract that it does not have a professional character for him, arising in particular from the subject of his business activity (as defined in CEIDG).
  5. User – an individual who subscribes to the Newsletter, and thus enters into a contract with the Seller for its delivery.
  6. Website – the Internet service, operated by the Seller, available at: https://ncsklep.pl
  7. Store – an online store operated by the Seller at the following Internet address: https://ncsklep.pl
  8. Goods – a physical product available in the Store’s assortment, which is the subject of the Contract between the Customer and the Seller.
  9. Newsletter – digital content delivered to individuals who have subscribed using the subscription form provided on the Website. The content of the Newsletter also includes the so-called. lead magnet (gift for signing up), which is provided to the User once after signing up for the Newsletter.
  10. Digital environment – computer hardware, software and network connections used by the Consumer to access or use digital content or digital service.
  11. Shopping cart – an element of the Store’s software, where the Goods selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data.
  12. Order form – a form available in the Store that allows you to place an Order, in particular by adding Goods to an electronic shopping cart and specifying the terms of the Agreement concluded remotely, including the method of delivery and payment.
  13. Subscription Form – a form available on the Website that allows to conclude a contract for delivery of the Newsletter.
  14. Registration form – a form available in the Store that allows you to create an Account
  15. Account – an account in the Store, which the Customer may or may not set up, and in it are collected data provided by the Customer and information about the Orders placed by him/her in the Store.
  16. Order – the Customer’s statement of intent made via the Order Form and aimed directly at concluding the Agreement.
  17. Payment Operator – PayU S.A. payment system with its registered office in Poznań, ul. Grunwaldzka 186 entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznan – Nowe Miasto and Wilda in Poznan, VIII Economic Department of the National Court Register, under the number 0000274399, NIP number 779-23-08-495
  18. Agreement – an agreement concluded at a distance with a Customer within an organized system of concluding agreements at a distance (Store or Website Subscription Form), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.
  19. Regulations – these rules and regulations.

§3. Store Contact

  1. The Customer may contact the Seller in particular:
    a. via e-mail to: sklep@ncsklep.pl
    b. In writing to the address: NC Online sp. z o.o, Palestyńska 6, 52-133 Wrocław
    c. As well as by phone at +48 668 102 773 at. 09:00-17:00
  2. Seller’s bank account number: ING Bank Śląski, 44 1050 1575 1000 0090 8149 9502

§4. Customer’s digital environment

  1. In order to use the Website and the Store, including browsing the Seller’s assortment and placing orders, as well as using the Newsletter, it is necessary:
    a. A terminal device with access to the Internet, an operating system and an Internet browser that allows you to browse the Internet,
    b. pdf, word, excel file viewer,
    c. active electronic mail (e-mail) address,
  2. The Seller shall take technical and organizational measures to provide the Customer with safe access to the Website and the Store, in particular, measures to prevent access and modification of personal data by unauthorized persons.
  3. The customer is prohibited from providing unlawful content.
  4. The Vendor is entitled to a technical interruption in the operation of the Website, including the Store, necessary for planned, ongoing operation and maintenance of the server and software. In the event of a planned interruption, customers will be clearly notified on the Website.
  5. The Seller, to the fullest extent permitted by law, shall not be liable for interference, including interruptions in the functioning of the Website caused by force majeure, unauthorized acts of third parties or incompatibility with computer hardware or software used by the Customer.

§5. Newsletter and free digital services

  1. The Seller, through the Website and the Store, provides paid Goods and also free digital content and digital services.
  2. Available include. The following free digital content and services:
    a. To enable the Customer to browse the content and assortment on the Website and the Store and to use the content search engine (digital service),
    b. Allowing the Customer to place an Order in the Store without registration (digital service),
    c. Creation and maintenance of an Account in the Store (digital service),
    d. Delivery of the Newsletter and the so-called. gift for the record (digital content).
  3. In order to receive the Newsletter, you need to take the following steps:
    a. Fill out the Newsletter subscription form;
    b. consent to the processing of data for the purpose of sending a Newsletter covering direct marketing of the Seller’s Goods, content and digital services;
    c. read and accept these Terms and Conditions and sign up by clicking the “Sign Up” button;
    d. then find the email message from the Seller sent to the address provided in the subscription form and click the button confirming the Newsletter subscription.
  4. The Store Account Agreement and Newsletter Delivery Agreement are concluded for an indefinite period of time and may be terminated at any time with immediate effect. You can terminate the Store Account Agreement by deleting the Account after logging into the Account, and the Newsletter Delivery Agreement by unsubscribing according to the instructions contained in each Newsletter. The Customer may also terminate each contract by sending an appropriate request to the Seller at the email address or in writing to the address specified in §3 of the Terms and Conditions.

§6. Creating an Account in the Store

  1. Creating an Account in the Store is free of charge.
  2. In order to create an Account in the Store, you need to complete the Registration Form or mark the appropriate checkbox in the Order Form.
  3. Logging into the Account is done by entering the login and password established in the Registration Form.
  4. The customer has the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account, using the functionality of the Account or by sending an appropriate request to the Seller, in particular by e-mail or in writing to the address specified in §3.

§7. Rules for placing an Order

  1. Orders can be placed in the Store 24 hours a day, on all days of the year.
  2. Browsing the assortment of the Store does not require creating an Account.
  3. Placing orders by the Customer for Goods in the Store’s assortment is possible:
    a. after creating an Account in accordance with the instructions contained in §6 of the Regulations
    b. or without creating an Account, by providing the necessary personal and address information to enable the Order to be processed.
  4. In order to place an Order without registration, you must:
    a. select the Goods that are the subject of the Order, and then click the “Add to cart” button,
    b. Go to the shopping cart and click “Proceed to payment”,
    c. fill out the Order Form, entering the details of the recipient of the Order and the address to which the Goods are to be delivered,
    d. enter the invoice data, if different from the data of the recipient of the Order,
    e. select one of the available payment methods, accept the Terms and Conditions and click the “Buy and pay” button,
    f. make payment by a certain date, in a pre-selected manner.
  5. In order to place an Order with registration (creating an Account), you must:
    a. select the Goods that are the subject of the Order, and then click the “Add to cart” button,
    b. Go to the shopping cart and click “Proceed to payment”,
    c. for the first order, fill out the Order Form, entering the data of the recipient of the Order and the address to which the Goods are to be delivered, and check the box “Create an account?”,
    d. On subsequent orders, log in to the Store,
    e. enter the invoice data, if different from the data of the recipient of the Order,
    f. select one of the available payment methods, accept the Terms and Conditions and click the “Buy and pay” button,
    g. make payment, in the manner previously selected.
  6. Online payment is made directly on the Payment Provider’s website.
  7. After online payment, the customer will be redirected back to the Website.
  8. As soon as the Customer confirms placing an order using the “Buy and pay” button, a Contract is concluded between the Customer and the Seller.
  9. The customer will receive, at the e-mail address provided in the order, confirmation of the conclusion of the contract and also a copy of the content of these Regulations.

§8. Prices and delivery and payment methods offered

  1. The prices of the Goods are specified in their descriptions available in the Store.
  2. All prices are expressed in Polish zloty and are gross prices.
  3. Binding on the parties to the transaction is the price appearing next to the Goods at the time of placing the Order by the Customer in accordance with the procedure described in §7 of the Regulations.
  4. The seller does not apply individual price adjustment on the basis of automated decision-making.
  5. The total amount to be paid by the Customer consists of the price for the Goods and the cost of delivery, which the Customer is informed about on the pages of the Store during the placement of the Order, including at the moment of expressing the will to enter into the Contract.
  6. The customer may use the following methods of delivery or pickup of the ordered Goods:
    a. InPost courier delivery,
    b. InPost parcel machines.
  7. The longest possible lead time calculated in business days from the time payment is received until the order is forwarded for shipment is 3 business days
  8. There are no delivery costs associated with the delivery of the Newsletter and the free Digital Service.
  9. The customer can pay for his order by choosing one of the following payment methods:
    c. payment by bank transfer to the Seller’s account,
    d. debit card,
    e. credit card,
    f. electronic transfers,
    g. mobile payments, including BLIK,
  10. Detailed information on available payment methods for individual Goods can be found in the Order Form.
  11. By entering into a Contract with the Seller, the Client agrees to send invoices and their corrections electronically to the email address provided in the Order Form or email sent to the Seller.

§9. Complaint
(Liability for non-conformity of performance)

  1. The Seller is obliged to provide the Consumer and the Entrepreneur on the rights of the consumer with the Goods, Content or Digital Service in accordance with the contract (the so-called consumer warranty).
  2. If the Consumer or Entrepreneur on the rights of the consumer finds non-conformity with the contract, he should inform the Seller about it, specifying at the same time his claim related to the found non-conformity (filing a complaint).
  3. The customer shall submit a complaint in writing or by email to the address specified in §3 of the Regulations.
  4. The complaint should include the Customer’s identification data, a description of what the complaint concerns and the demands related to it. In the case of incomplete information, the Seller will call on the Customer to supplement it within 14 days of receipt of the call with instructions that failure to supplement the deficiencies within the indicated period will result in leaving the complaint unprocessed.
  5. The time limit for processing complaints by the Seller is 14 days from the date of properly submitted complaint to the Seller.
  6. Failure of the Vendor to respond in the above. deadline for a properly submitted complaint, means that the Seller recognizes the complaint.
  7. If the Customer is not a Consumer or an Entrepreneur on the rights of a Consumer, the Seller’s liability under the warranty for physical or legal defects of the item is excluded (based on Article 558§1 of the Civil Code).

§10. Right of withdrawal

  1. The Customer, being a Consumer or an Entrepreneur on the rights of a Consumer, who has concluded a Distance Contract with the Seller, may withdraw from the Contract without giving any reason within 14 days. In the case of Goods, the time limit is calculated from the date of transfer of the Goods to the Consumer/Entrepreneur exercising consumer protection or a person designated by him/her, other than the carrier, whom he/she has chosen to deliver the Goods.
  2. In order to comply with the deadline for withdrawal, it is sufficient for the consumer/entrepreneur on the rights of the consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
  3. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer:
    a. Contracts for the provision of services for which the Consumer or Entrepreneur on the rights of the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Entrepreneur on the rights of the consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the contract and accepted it;
  4. In order to withdraw from a contract that does not include the situations listed in the preceding paragraph, the Consumer/Entrepreneur with consumer rights should inform the Seller of his intention to withdraw from the contract by means of a declaration of intent in the form of a letter sent by e-mail or post to the address specified in §3 of the Regulations.
  5. Consumer and Entrepreneur on the rights of the consumer can use for this purpose the template included in the Appendix under these Regulations. However, it is not mandatory.
  6. In the event of withdrawal from the Contract, the Seller shall return all payments received, no later than 14 days from the day on which the Seller was informed of the withdrawal from the Contract by the Consumer or Entrepreneur on the rights of the Consumer. The Seller will refund the payment using the same methods of payment that were used in the original transaction, unless the Consumer / Entrepreneur on the rights of the consumer expressly agreed to a different solution that will not incur any costs for him.
  7. The seller may withhold the refund until it receives the returned Goods or confirmation of their return (whichever comes first).
  8. The consumer shall pay all direct costs of returning the Goods, including the cost of packaging and shipping.
  9. A consumer/entrepreneur exercising consumer protection shall be liable for any diminution in the value of the Goods resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  10. In the event of withdrawal from the contract for the provision of content or Digital Service, the Consumer and the Entrepreneur on the rights of the Consumer are obliged to stop using the content or Digital Service and making it available to third parties.

§11. Out-of-court ways to resolve consumer disputes

  1. The seller agrees to submit any disputes arising in connection with the concluded remote contracts to mediation. Details will be determined by the conflicting parties.
  2. In the event that the mediation proceedings undertaken were unsuccessful or the parties did not decide on them, and the Customer is not a Consumer or an Entrepreneur on the rights of a Consumer, the competent court for the resolution of any disputes related to such contract shall be the court having jurisdiction over the registered office of the Seller.
  3. The consumer has the option of using out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:
    a. to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the contract,
    b. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
    c. use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  4. Consumers can also file a complaint through the EU’s online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
  5. For more detailed information on out-of-court ways of handling complaints and claims, the consumer can look for at http://www.uokik.gov.pl

§12. Copyright

  1. The digital content available on the Website, as well as the materials included in the Goods and Digital Services, are works and are protected by copyright, and these rights are vested in the Seller or persons cooperating with the Seller and who have granted the appropriate licenses to the Seller.
  2. The customer can use the above. content on the basis of permitted private use. This means that the Customer and users of the Website may use them only for their own purposes, including their own business, with the proviso that the purchaser is not entitled to make them available to third parties as their own product or service (whether paid or unpaid).
  3. Client interested in wider use of the above. content should contact the Vendor and undertake individual negotiations.
  4. Unauthorized distribution of the above. content can result in civil and criminal liability. §13. Personal data and cookies
  5. The rules of personal data processing and the use of cookies are described in the Privacy and Cookies Policy available at: https://ncsklep.pl/polityka-prywatnosci/

§14. Final provisions

  1. Contracts concluded by the Seller are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The changes are effective as of the date of publication of the new Regulations. The changes do not apply to contracts concluded before the introduction of changes to the Regulations.
  3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Consumer Law, the Civil Code; the Entrepreneur Law; the Act on Providing Services by Electronic Means;, the General Data Protection Regulation (RODO) and the Personal Data Protection Act.
  4. Regulations apply to contracts concluded from 15.02.2023

ANNEX:

Declaration of withdrawal from a remote contract