Terms of use the store

Regulations for the distance selling of goods and the provision of electronic services

These regulations set out the terms and conditions for using the online store available at www.nife.pl run by Sylwia Ciekot running a business under the name GRUPA NIFE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, Aleja Niepodległości 34 lok. 9, 42-216 Częstochowa, NIP: 5252683892, REGON: 365855569, KRS: 0000646120;, entered in the Register of Entrepreneurs - Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, and in particular defines the rules for placing Orders and concluding sales contracts using means of distance communication, as well as the use by customers of all services of the Online Store.

 

Quick contact with the Seller in all matters related to the Online Store (including questions, complaints, orders) is possible through the following contact details(hereinafter "Seller’s Address"):

 

NIFE

ul. Lipowa 24

42-200 Częstochowa

 

Shipping information, phone orders:

phone: +48 34 321 30 55 - open : Monday-Friday  8:00 - 15:30

phone: +48 535 123 772 - open : Monday-Friday  8:00 - 15:30

e-mail: sklep@nife.pl

 

Personal pickup: Please make a call to us before a visit ;)

tel. 535 123 772

ul. Lipowa 22/24, Częstochowa

Opening hours:

- Monday-Friday: 8:00 - 15.30

 

Bank account number:

Payment in PLN: 29 1140 2004 0000 3102 7657 0266

Payment in EUR:  PL80 1140 2004 0000 3212 0993 0944

SWIFT: BREXPLPWMBK

 

§ 1

Definitions The terms used in the Regulations mean:

1) Customer - a natural person, including a consumer who is at least 18 years of age, as well as a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity, and who has placed or intends to place an Order or uses other services of the Online Store;

2) Consumer - a natural person performing a legal act not related directly to his business or professional activity;

3) Account (Customer Account) - Store subpage, under which the Customer has the option of manage personal data, manage the status of Orders placed by him, and place Orders after logging in without having to provide your personal data;

4) Regulations - these Regulations of sale using means of distance communication and rendering services by electronic means. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services;

5) Registration - a one-time free and free operation, consisting of the Customer setting up a Customer Account using the administrative panel provided by the Service Provider on the Store's website;

6) Online Store (hereinafter also referred to as the "Store") - the website available at www.sklep.nife.pl through which the Customer may place Orders and use other Store Services;

7) Website - Service Provider or Customer;

8) Goods - a movable item being the subject of a Sales Agreement;

9) Sales contract - a sales contract within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication through the Store, the subject of which are Goods;

10) Service (Services) - a service provided by the Service Provider electronically on the terms set out in the Regulations via the Store;

11) Service Provider (also "Seller") - GRUPA NIFE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, Aleja Niepodległości 34 lok. 9, 42-216 Częstochowa, NIP: 5252683892, REGON: 365855569, KRS: 0000646120;

12) Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);

13) Order - Customer's declaration of intent constituting an offer to conclude a Sales Agreement with the Service Provider, aiming directly to conclude a Distance Sales Agreement via the Online Store specifying the type and number of Goods being the subject of the Sales Agreement.

 

§ 2

Obligations of the Sides

1. The Customer is obliged to use the Services offered by the Service Provider in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as not to provide content prohibited by generally applicable provisions of law.

2. The Seller is obliged to deliver Goods free from defects.

3. If the buyer is a consumer, the seller is obliged to immediately give the item to the buyer, no later than thirty days from the date of the Sale Agreement, unless the Sale Agreement provides otherwise (e.g. in the description of the Goods a different date of delivery of the Goods is indicated).

 

§ 3

Orders

1. The Customer may place Orders via the Online Store 7 days a week, 24 hours a day, regardless of whether he has registered.

2. In order to conclude a Contract for the Sale of Goods via the Online Store, select the Good on the Store's website, log in to the Customer Account or provide the necessary data to set up a Customer Account or use a one-time purchase without creating a Customer Account by providing data that is required by The Seller when placing the Order and place the Order by undertaking subsequent technical activities based on the information displayed to the Customer.

3. The condition for placing an effective Order is that the Customer has read and accepted the Regulations.

4. Placing an Order is tantamount to concluding a Sales Agreement.

 

§ 4

Prices, payments and delivery of the goods

1. The prices of Goods in the Store are given in Polish zlotys and are gross prices, i.e. they include VAT.

2. The prices of the goods do not include delivery costs, which are always indicated in the order submission process. The total value of the Order includes the price of the Goods and delivery costs, if the delivery costs are borne by the Customer.

3. The customer can pay the price as follows:

a) by bank transfer to the Seller's bank account (prepayment);

b) cash on delivery it means. cash by pickup of product (cash on delivery),

c) by tpay.com service

4. The Order of the Good will be sent for execution (for shipment) immediately after the conclusion of the Sales Agreement, however, in the case of payment by bank transfer (prepayment) or via tpay.com, the shipment will be carried out only after the payment for the Good has been credited to the Service Provider's bank account or Tpay account .

5. In the case of payment by bank transfer, the customer has 144 hours from placing the order to make the transfer. After this time, the order will be automatically canceled based on non-payment. After 72 hours from placing the order, the Customer will receive a reminder with a request to make a transfer.

6. When collecting a parcel with the ordered Good, we suggest that the Customer check even the external condition of the parcel in the presence of the supplier, whether the packaging shows any signs of damage.

7. In the case of payment on delivery, the Customer undertakes to collect and settle the amount due for the purchased Goods (including shipping costs) directly with the courier delivering the parcel or at the Post office. In the event of the Customer's evasion of payment for the delivered shipment, i.e. in the event of the Customer failing to perform the Purchase Agreement, the Post Office will return the shipment to the Seller (after 14 days from the first delivery attempt). In such a situation, i.e. in the event of non-performance of the Purchase Agreement by the Buyer, the Seller may request the Buyer to perform it, as well as request compensation for damage caused to him by the non-performance of the Purchase Agreement by the Buyer, which means in particular covering the cost of return shipment and calls to perform the contract , payments.

8. When collecting a parcel with the ordered Good, we suggest that the Consumer check the parcel and indicate that if it is found:

1) mechanical damage to the contents of the shipment,

2) shipment incompleteness,

3) non-compliance of the contents of the parcel with the subject of the Order, the Consumer is entitled to refuse to accept the parcel. In this case, we suggest that you write comments or notes from the event in the presence of the supplier and immediately notify the Service Provider of the situation. In any case, in the event of damage, we suggest that you draw up a damage report in the presence of the package's delivery agent.

9. The customer who is not a consumer at the time of receipt of the package is required to check its content. In the event of damage, it is obliged to report this fact to the supplier of the Goods and immediately contact the Seller. Complaints about the mechanical damage of the Goods during transport will be considered only after the damage report has been drawn up signed by the recipient who is not a Consumer and the supplier of the parcel.

10. The seller reminds that in accordance with art. 548. § 1 of the Civil Code, upon the release of the sold item, the benefits and burdens related to the item (Good) and the risk of accidental loss or damage of the good (Good) are transferred to the buyer (the Customer).

11. If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods shall pass to the Consumer upon delivery of the Goods to the Consumer. The release of the Goods is deemed to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.

 

§ 5

Discount codes

1.Discount code will reduce the value of the ordered Goods by the rebate value granted.

2. Discount code can only be used in the sklep.nife.pl online store

3. Discount codes are not exchangeable for money.

4. The minimum value of the Order (value of the Goods, without additional costs) for which a discount coupon can be used is PLN 30.

5. Only one discount code can be used in one Order.

6. Discount codes cannot be combined with other promotions.

7. Discount code is granted as part of promotional campaigns.

8. Discount codes are not tradable.

 

§ 6

Consumer right to withdraw from the Contract (return of Goods).

1. The consumer may withdraw from the Contract for the Sale of Goods concluded remotely without giving a reason, by submitting a relevant statement in writing, within 100 (calendar) days, where this period runs from taking possession of the item by the Consumer or a third party indicated by him (other than the carrier) ), and in the case of a contract that covers many items that are delivered separately, in batches or in parts - from taking possession of the last thing, batch or part. To meet the deadline, it is enough to send an appropriate statement before its expiry to the address of the Seller.

2. The statement referred to in paragraph 1 above can also be submitted on the form, an example of which is attached to the Regulations.

3. We suggest using the form:

 

Download – RETURN FORM

 

4. In the event of withdrawal from the Contract for the Sale of Goods concluded at a distance, the contract is considered void.

5. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

6. The consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect immediately, but not later than 14 days from the day on which he withdrew from the Contract of Sale, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to return the Good before its expiry. Goods should be packed in a way that guarantees their safe transport.

7. The consumer bears the direct cost of returning the Good (cost of returning).

8. The consumer is responsible for reducing the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. Obligations of the Seller.

9. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods, provided that the Seller has not offered to collect the Goods from the Consumer , may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, whichever occurs first.

10. The seller refunds via bank transfer to the customer's bank account.

11. If the Consumer has chosen a method of delivery of the Goods other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

12. We suggest that you attach proof of purchase to facilitate the return process. Statutory exclusion of the right to withdraw from the Sales Agreement.

13. The right to withdraw from the contract is not granted in the situations specified in art. 38 of the Act, i.e. in relation to contracts:

1)  for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that once the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;

2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

4) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

5) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

6) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;

7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;

8) in which the consumer expressly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;

9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

10) for delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

11) concluded through a public auction;

12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract indicates the day or period of service provision;

13) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

 

§ 7

Warranty for physical defects of the Good (Complaints and complaint procedure)

1. The Seller is obliged to deliver Goods free from defects and is responsible for defects of the Goods.

2. A physical defect is the non-compliance of the sold Good with the Contract of Sale.

3. Complaints, under the warranty for defects (non-compliance of the Goods with the Sales Agreement) can be submitted in writing or by e-mail to the address of the Seller.

4. In order to speed up the processing of complaints, please provide the content of the complaint: the claim, a brief description of the reasons justifying the complaint and the contact details of the Consumer. Please attach, if possible, a proof of purchase (invoice) to the complaint. If the complaint submission does not contain the information necessary to consider the complaint, the Seller will contact the Customer to obtain it.

5. If the sold Good has a defect, the Customer may:

1) make a statement about the price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with a non-defective one or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Good with the defect remains to the value of the Good without defect. The Customer may not withdraw from the contract if the defect of the Good is insignificant;

2) demand replacement of the Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the Customer, subject to the conditions set out in the relevant provisions of the Civil Code.

6. If the Customer is a Consumer, instead of removing the defect proposed by the Seller, demand that the Product be replaced with a non-defective one or instead of replacing the Good, demand that the defect be removed, unless bringing the Good into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Good free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.

7. The customer who exercises the rights under the warranty should deliver the defective Goods, preferably with the note "complaint".

8. The consumer will be notified within 14 days of consideration of the complaint and how it will be processed.

9. The Seller is responsible for the non-compliance of the Good with the contract only if it is found within two years of issuing the Good to the Consumer. The consumer loses the right to demand that the Goods be brought into conformity with the contract, due to them under applicable regulations, if he does not notify the Seller of this fact within twelve months of the non-compliance of the goods with the contract. To meet the deadline, it is enough to send a notice before its expiry.

 

§ 8

Newsletter

1. The Customer may agree to receive commercial information, i.e. he has the option of subscribing to the Newsletter - a service provided by the Service Provider. Newsletter is sent only to customers who have ordered the Newsletter.

2. As part of the Newsletter service, information is sent via e-mail to the e-mail address provided by the Customer in the form of an e-mail containing the newsletter (Newsletter) of the Online Store, as well as other commercial information sent by the Service Provider in his on behalf and on behalf of third parties.

3. The Customer may unsubscribe from the Newsletter at any time.

 

§ 9

Other rights and obligations

1. The contract for the provision of electronic services (for using the store) is concluded for an indefinite period.

2. Each side may terminate the contract for the provision of electronic services (for the use of the Store infrastructure - Customer Account) at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the contract and the provisions below.

3. The Customer who has completed the Registration terminates the contract for the provision of electronic services by self-deleting the Account, consisting of placing an instruction to delete it or submitting a request to delete the Service Provider's Account, whereas in the event of a request to delete the Service Provider's Account, the contract is terminated after a notice period of 5 days.

4. The Service Provider, wanting to terminate the contract for the provision of electronic services, will inform the Customer to the e-mail address provided by the Customer during Registration, within 14 days before the planned date of deleting the Customer Account.

5. The Service Provider has the right to terminate the contract for the provision of electronic services immediately, in the event of a breach by the Customer of the provisions of these Regulations and as a result of an unsuccessful call to the Customer to cease the above. infringements with a deadline of at least 3 business days.

 

§ 10

General conditions of using the Store

1. The Service Provider provides the following Services via the Online Store:

1) presenting the Store's offer,

2) the possibility of placing Orders for Goods available in the Online Store and thus concluding Distance Sales Agreements,

3) informing the Customer about the current status of the Order,

4) the possibility of using the Customer Account,

2. Access to the services referred to in paragraph 1 point 1-3 above does not require registration.

3. Access to the service referred to in paragraph 1 point 4 above requires registration.

4. To use the Store, the Customer is required to have a device with access to the Internet equipped with a web browser (Mozilla Firefox minimum version 24.0 is recommended, Opera from version 10, Google Chrome version 28.0 or newer or MS Internet Explorer version minimum 8.0 or newer) , which provides support for cookies and Javascript. It is allowed to use other versions of web browsers if they ensure full compatibility with the versions listed above.

 

§ 11

Dispute settelement

1. Settlement of any disputes arising between the Service Provider and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

2. Settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer shall be subject to the court having jurisdiction over the Service Provider's seat.

 

§ 12

Personal data

1. Customers' personal data are processed by the Service Provider taking into account the law in this regard, in particular the Act of 29 August 1997 on the protection of personal data.

2. The administrator of personal data is the Seller.

3. Providing personal data is voluntary, but failure to provide the required personal data may prevent you from submitting your Order.

4. All personal data provided are subject to special protection

5. Everyone has the right to access their personal data, as well as the right to request their update or to stop processing.

 

§ 13

Final Provisions

1.  The administrator of the clients' personal data collected via the website www.nife.pl is the Seller.

2. Customers' personal data are processed by the Seller, taking into account the law in this regard, in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and in on the free flow of such data and repealing Directive 95/46 / EC (hereinafter: GDPR) and the Act of 10 May 2018 on the protection of personal data.

3. The Customer who wants to set up an Account, while completing the registration form, consents to the collection and processing by the Seller of personal data in accordance with the requirements of generally applicable law, in particular in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as: GDPR), provided in the registration form solely for the purpose of implementing the contract for the use of the Store and for with the conclusion and performance of contracts for the sale of goods based on orders placed by the Customer through the Store.

4. The Customer may also consent to the Seller processing the personal data provided in the registration form in order to subscribe to the newsletter, receive marketing / commercial information and profiling via electronic means of communication.

5. The customer has the rights arising from the generally applicable provisions of law, in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data, and repeal Directive 95/46 / EC (hereinafter referred to as: GDPR) and the Act of 10 May 2018 on the protection of personal data, detailed in the Privacy Policy document, including:

a) the right to access your personal data,

b) the right to rectify your personal data,

c) the right to limit the processing of your personal data,

d) right of objection,

e) the right to be forgotten,

f) the right to transfer your personal data,

g) right to object,

h) the right to lodge a complaint with a supervisory authority,

i) the right to withdraw consent.

6. Providing personal data in the registration form is voluntary. Failure to provide personal data in the boxes marked with an asterisk in the registration form will prevent the creation of an Account and thus prevent the use of the Store.