§ 1 GENERAL PROVISIONS
1. These Terms & Conditions (“Terms & Conditions”) define the rules of operation of the online store at www.ukviat.com (“Online Store”).
2. The owner of the Online Store is NISHA Ryglewicz spółka komandytowa, a company registered in Poland, Puszczykowo (62-040), Cyryla Ratajskiego 19 street, entered in the commercial register maintained by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Department of the Polish Court Register under number 0000818948, tax identification number NIP: 7831810685, REGON 385083714. E-mail address: firstname.lastname@example.org, contact telephone number: (+48) 518591002, (+48) 515169444.
3. Acceptance of the Terms & Conditions is voluntary, but necessary to create an account in the Online Store, as well as to place an order via the Online Store.
4. All information presented in the Online Store or transferred using other means of distance communication in connection with placing an order, constitute only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code; such information does not constitute an offer under the above provisions.
5. In order to ensure the security of the data provided in the Online Store, the Seller shall take measures adequate to the existing threat to fully protect the stored data.
6. All Products in the Online Store’s assortment are original and new.
§ 2 DEFINITIONS
Whenever capitalized words are used in the Terms & Conditions, they shall be understood in the meaning given below, unless the context clearly indicates otherwise:
- BOK – Customer Service Office, operating at the following e-mail address: email@example.com; you can also contact BOK using the contact form in the Online Store in the "Contact" tab.
- Price – the gross price specified in PLN (including tax) due to the Seller from the Customer for the sale of the Product in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms applied by the Store provide otherwise.
- Business Day – Monday through Friday, excluding public holidays.
- Password – alphanumeric characters, necessary for authorization while accessing the Account, which is specified by the Customer when creating the Account. Account registration requires the password to be repeated twice in order to detect and correct any errors. The Customer is obliged to keep the Password strictly confidential (not disclosed to any third parties). The Seller provides the Customer with the option of changing the Password.
- Customer – any entity of civil law, i.e. a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, concluding a contract with the Seller via the Online Store. If the Customer is a natural person with limited legal capacity, he / she undertakes to obtain legally effective consent from his legal representative to conclude a contract with the Seller and to present such consent at each request of the Seller.
- Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- Account – an electronic service provided by the Seller, consisting in creating and maintaining an account dedicated to a specific Customer in the Online Store, marked with an individual name (Login), access to which is protected with a password created by the Customer. The account allows the Customer to use additional functionalities /services. The Customer gains access to the Account using the Login and Password. The Customer logs in to the Account after registering in the Online Store. The account enables, among others, saving and storing information about the Customer’s address data for shipment of Products, tracking the status of the Order, access to the history of Orders.
- Newsletter – an electronic service that allows all customers using it to receive periodic commercial information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, upon prior express the consent of the client.
- Product – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller, against payment of the Price. All Products presented in the Online Store are original and new.
- Terms & Conditions – this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller via the Online Store for Customers. The Terms & Conditions define the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Terms & Conditions are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
- Online Store – a platform that allows the Customer to place Orders and provide services provided by the Seller, run by the Seller and available at the Internet address: www.ukviat.com.
- Seller – the owner of the Online Store, NISHA Ryglewicz spółka komandytowa, a company registered in Poland, Puszczykowo (62-040), Cyryla Ratajskiego 19 street, entered in the commercial register maintained by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Department of the Polish Court Register under number 0000818948, tax identification number NIP: 7831810685.
- Sales Agreement – a sales contract within the meaning of the Civil Code, regarding the sale of Products by the Seller to the Customer for the payment of the Price, increased by any shipping costs, the terms of which are specified in particular in the Terms & Conditions. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in the Terms & Conditions. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement on non-applying the procedure specified in the Terms &Conditions, which at the request of either party to the Sales Agreement will be confirmed in the form of an e-mail.
- Act on Consumer Rights – the Act of 30 May 2014 on consumer rights (Journal ofLaws of 2020, item 287, as amended).
- Technical requirements – minimum technical requirements, the fulfillment of which is necessary for cooperation with the system used by the Seller, including the conclusion of the Service Provision Agreement or the conclusion of the Sales Agreement, i.e.: (i) a computer, laptop or other multimedia device with access to Internet; (ii) access to electronic mail; (iii) a web browser. In order to conclude a Sales Agreement, it is necessary for the Customer to have an active e-mail address.
- Order – Customer’s declaration of will expressing the direct will to conclude a Distance Sale Agreement, submitted using means of distance communication, specifying the Products for which the Customer submits an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). An order may be assigned one number and all offers will be processed simultaneously. Accepting the Order means concluding a Sales Agreement.
§ 3 THE ORDERS
1. Orders in the Online Store may be placed by the Customer 7 days a week, 24 hours a day.
2. The Seller allows the Customer to place an Order via the Online Store in the following manner:
- The Customer adds the selected Product or Products to the basket, and then proceeds to the Order form.
- The Customer who has an Account confirms in the Order form that the data necessary to conclude and execute the Sales Agreement is up-to-date. A customer who does not have an Account completes the Order form on his own in the scope of the data necessary to conclude and implement the Sales Agreement. Providing outdated or untrue data may make the performance of the Agreement impossible. In the Order form, it is necessary to provide the following data: name and surname, address (street, house / flat number, zip code, city), e-mail address, contact telephone number and data regarding the Sales Agreement, type and quantity of Products, place and method of delivery of the Order and method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and tax identification number (other data necessary to issue an invoice).
- The Customer selects one of the delivery methods provided by the Seller.
- The Customer chooses the method of payment of the Price.
- The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store provided for this purpose. In the case of a Customer who does not have an Account and has not previously accepted the Terms & Conditions, acceptance of the Terms & Conditions is required.
- The Customer sends the Order (submits an offer) using the functionalities of the Online Store (button: “Confirm order and pay”). Using the button confirms the obligation to pay for the Order.
- Depending on the selected method of payment, the Customer may be redirected to the website of an external payment service provider in order to make the payment.
- In the case of concluding a Sales Agreement using other means of distance communication, e.g. by phone, the Seller sends an e-mail to the Customer confirming the content of the proposed Sales Agreement.
- The Seller, in response to the Order, immediately sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and commencement of its verification.
3. Placing an Order by the Customer means submitting an offer to conclude a Sales Agreement with the Seller covering the Products selected by the Customer.
4. After the correct process of placing the Order and paying the Price, an e-mail will be sent to the Customer’s e-mail address confirming the submission and acceptance of the Order. When the execution of the Order is possible, the Customer will receive an order confirmation, which will constitute a confirmation of the acceptance of the offer referred to above. The confirmation will be sent to the Customer’s e-mail address.
5. If the ordered Product is not in stock, the Customer will be informed about the expected date of Product availability and execution of the Order. This information will be sent to the Customer’s e-mail address.
6. If, after the Customer has placed an Order covering several Products, it turns out that the implementation of part of the Order is impossible, the Customer will be immediately informed by sending an e-mail to the e-mail address. In this case, the Customer will be able to cancel the order in the part in which the implementation is impossible, or the entire order, by informing the Seller about it via e-mail to the address firstname.lastname@example.org or in writing to the postal address NISHA Ryglewicz sp.k., ul. Poznańska 46, 62-040 Puszczykowo. In the case described in point 5 of this paragraph, when the Customer has already paid for the ordered Product or Products, the Seller will immediately refund the price paid to the Customer, depending on whether the Order will be completed in part orin full. The payment will be refunded in the same form as the payment made by the Customer, unless the Customer expressly requests a refund in a different form.
§ 4 PAYMENT METHODS
1. Payment can be made:
- by a payment card in the electronic payment system via PayU and PayPal;
- by traditional transfer to the bank account number: PL 06 1140 2004 0000 3902 79600471, NISHA Ryglewicz sp.k., Cyryla Ratajskiego 19, 62-040 Puszczykowo;
- online transfer - payments are made via PayU.pl or PayPal.pl;
- cash on delivery (payment on delivery) within the territory of Poland.
3. When making a payment by bank transfer, the commencement of the Order is the same as the moment the payment is credited to the bank account specified in the Order confirmation.
4. If the Seller does not receive the payment of the Customer who chose payment in advance, i.e. payment by bank transfer, electronic payment or payment by payment card, BOK may contact the Customer to remind about the payment, including sending an e-mail. If the payment is not made within 7 days of placing the Order, and then within the additional 3-day period, the offer submitted by the Customer will not be accepted. The Customer may also, until receiving the message about sending the Order, cancel it without incurring any consequences, by contacting the Seller via BOK; the above right does not affect the right to withdraw from the contract if the Customer is entitled to it in accordance with the provisions of generally applicable law.
5. Products ordered via the Online Store are delivered with a confirmation of purchase, i.e. a receipt or an invoice, depending on the will expressed by the Customer.
§ 5 COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
1. Delivery of Orders is possible on the territory of the Republic of Poland and on the territory of any other country.
2. The fees for the shipment of the Order are not charged if the address to which the Products are to be delivered is located in the territory of the Republic of Poland.
3. Regardless of the chosen form of delivery of the Order, the time of delivering the Order on the territory of the Republic of Poland is from 2 to 5 Working Days from the moment the Seller hands over the Products to the carrier selected by the Customer.
4. In the case of shipment outside the territory of the Republic of Poland, the Seller charges a fee, and the time of delivery of the Products depends in particular on the method of shipment and the selected courier.
5. The total waiting time for the Customer to receive the ordered Products consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Products by the carrier. The time of preparing the Order for shipment by the Seller is counted from the conclusion of the Agreement until the shipment containing the Order is shipped and is maximum 4 Working Days. The time of delivery of Products by a given carrier, which depends on the form of delivery chosen by the Customer, should be added to the above time.
6. Orders are delivered on Working Days.
§ 6 PRODUCT COMPLAINTS
1. The Seller is obliged to provide the Customer with goods without defects.
2. The basis and scope of the Seller’s liability towards the Customer, if the sold goods have a physical or legal defect, results from the Civil Code, in particular from Art. 556 and following.
3. Complaints about the quality of the product may be submitted in writing to the address: NISHA Ryglewicz sp.k., ul. Poznańska 46, 62-040 Puszczykowo, or in electronic form via e-mail to the following address: email@example.com, or by submitting any other unequivocal statement in this regard.
4. The complaint should contain information about the reasons for the complaint, the Customer’s request and information allowing the identification of the Customer and Products, i.e. the Order number, date of submission, name and surname / other data, e-mail address. Complaints are facilitated by the delivery of a proof of purchase, e.g. a copy of an invoice or a receipt.
5. If the sold Product has a defect, the Customer may:
- make a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. The reduced price should remain in proportion to the Price in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is irrelevant;
- demand replacement of the Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer, with reservations and on the terms set out in the relevant provisions of the Civil Code.
6. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects is taken into account, as well as the type and significance of the defect found, and the inconvenience to which the Customer would otherwise be exposed.
7. It is recommended that the Customer provide in the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; requesting a method of bringing the goods into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement and contact details of the complainant. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
8. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days from the date of its submission.
9. Failure to respond to the Customer’s complaint within the aforementioned period results in the assumption that the Seller considered the complaint justified, if the Customer requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced.
10. If it will be necessary to deliver the goods to the Seller in order to respond by the Seller to the Customer’s complaint or to exercise the Customer’s rights, the Customer will be asked to deliver the goods at the Seller’s expense, to the address NISHA Ryglewicz sp.k., ul.Poznańska 46, 62-040 Puszczykowo.
11. The Terms & Conditions do not breach and do not exclude the application of the provisions binding in the country of the Consumer’s habitual residence, located outside the Republic of Poland, concluding a contract with the Seller – which cannot be excluded by a mutual agreement. In this case, the provisions that cannot be excluded under the contract also apply to the legal relations between the Consumer and the Seller.
§ 7 THE WITHDRAWAL
1. The Customer may withdraw from the Sales Agreement concluded remotely with the Seller within 20 days, without giving any reason. The deadline is counted from the date the Customer takes possession of the ordered Products. The right to withdraw from a distance Sales Agreement concluded with the Seller is not applied if the delivered Product was in a sealed package, and the Product after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after the Product was delivered.
2. The Customer may withdraw from the Sales Agreement by submitting an appropriate statement. The Customer’s declaration of withdrawal from the Sales Agreement may be constructed in any way, however, it must clearly indicate the will to withdraw from the Sales Agreement. The customer may use the withdrawal form, which is an attachment to the Consumer Rights Act, or the withdrawal form, which is an attachment to the Terms & Conditions.
3. The Customer’s declaration of withdrawal from the Sales Agreement should be sent in writing to the address NISHA Ryglewicz sp.k., ul. Poznańska 46, 62-040 Puszczykowo orin electronic form via e-mail to the following address: firstname.lastname@example.org. The Seller will immediately confirm the receipt of the declaration of withdrawal.
4. In the event of effective withdrawal from the Sales Agreement by the Customer, the Sales Agreement is considered as not concluded.
5. If the Customer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted the offer, the offer ceases to be binding.
6. In the event of withdrawal from the Sales Agreement, the Customer is obliged to return the items received to the Seller within 14 days from the date of withdrawal. To meet the deadline, it is sufficient to return the items before the deadline. The return is made to the following address: NISHA Ryglewicz sp.k., ul. Poznańska 46, 62-040 Puszczykowo. In the event of withdrawal, the Customer bears only the direct costs of returning the Products.
7. In the event of withdrawal from the Sales Agreement, the Seller shall immediately, not later than within 14 days from the date of receipt of the Customer’s declaration of withdrawal from the Sales Agreement, return to the Customer all payments received, including the costs of delivering the goods, with the exception of additional fees resulting from the fact that Customer selected a delivery method other than that suggested by the Seller in the form of a postal parcel.
8. The reimbursement will be made in the same way as the Customer paid for the ordered goods, unless the Customer agrees to another method of reimbursement. The Customer will not incur any fees related to the return.
§ 8 OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
1. The use of the following out-of-court dispute resolution methods is voluntary. The following provisions of the Terms & Conditions are informative.
2. The rules for conducting proceedings regarding out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are specified separately in legal regulations, in particular in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823, as amended) or in regulations applied by relevant entities competent in the field of consumer dispute resolution.
3. Detailed information on the possibility for the Consumer to use out-of-court means of dealing with complaints and redress, and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, http://www.uokik.gov.pl/sprawy_indywidualne, http://www. uokik.gov.pl/wazne_adresy.php
4. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings regarding out-of-court settlement of consumer disputes.
5. The customer may use the following out-of-court complaint and redress options:
- The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers);
- The Customer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2019, item 1668, as amended) with a request to settle a dispute arising from the concluded Sales Agreement;
- The Customer may apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the above indicated Act with a request to initiate mediation proceedings on the amicable settlement of a dispute between the Customer and the Seller;
- The Seller, fulfilling the obligations resulting from the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on the online system for resolving consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes) includes in the Regulations and as part of the website an electronic link to the ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform is, among others, the source of information on the forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers also facilitates independent, impartial, transparent, effective, out-of-court settlement of disputes between consumers and entrepreneurs via the Internet.
§ 9 PERSONAL DATA PROTECTION
1. The processor of personal data provided by the Customers is NISHA Ryglewicz spółka komandytowa, 62-040 Puszczykowo, ul. Cyryla Ratajskiego 19 (“Processor”).
2. Personal data is processed by the Processor in order to take actions regarding the operation of the Online Store, in particular the creation and maintenance of Accounts setup by the Customers and the conclusion and performance of Sales Agreements, as well as the sending of the Newsletter.
3. The legal grounds for the processing of personal data are as follows: (i) necessity to perform the contract to which the data subject is a party or to take action at the request of the data subject prior to entering into the contract, (ii) necessity to fulfill the obligation legal incumbent on the Processor, (iii) necessity for purposes resulting from legitimate interests pursued by the Processor or by a third party; the above legal grounds for processing are referred to in 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 with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); Journal of Laws UE.L.2016.119.1, “GDPR”.
4. Providing personal data is voluntary, but necessary to set up and maintain an Account in the Online Store and to conclude and implement a Sales Agreement; it cannot be the basis for unfavorable treatment, and it cannot cause any negative consequences.
5. Personal data may be disclosed to entities providing accounting, postal, courier, legal, advertising and promotional services for the Processor. The processing of personal data may be entrusted by the Processor to service or product providers acting on its behalf. In accordance with the contracts for entrusting the processing of personal data concluded with such entities, the Processor requires such entities to comply with the law, a high level of privacy protection and security of personal data processed by these entities on behalf of the Processor.
6. Personal data will be stored for the period necessary to maintain the Account in the Online Store, performance of the Sales Agreement, as well as for the period of limitation of the Seller’s claims against the Customer and the required period of storage of accounting and tax documentation.
7. The Customer has the right to request: (i) access to the content of the data, within the limits of Art. 15 GDPR; (ii) rectifying them, within the limits of Art. 16 GDPR; (iii) their removal, within the limits of Art. 17 GDPR; (iv) restriction of their processing, within the limits of Art. 18 GDPR; (v) data portability, within the limits of Art. 20 GDPR; (vi) object to the processing of personal data, based on Art. 6 sec. 1 letter f GDPR.
8. The rights referred to above may be exercised in particular by sending requests via e-mail to the e-mail address: email@example.com.
9. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office, when the Customer considers that the processing of personal data violates the provisions of the GDPR.
§ 10 ELECTRONIC SERVICES IN THE ONLINE STORE
1. The Seller provides the following electronic services free of charge to Customers via the Online Store:
- enabling Customers to set up an Account in the Online Store,
- enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in the Terms & Conditions,
- enabling Customers to use the basket,
- enabling the viewing of content placed on the Store,
- after obtaining explicit consent – sending the Newsletter.
2. The use of the Account is possible after the Customer completes the registration form and accepts the provisions of the Terms & Conditions, as well as after clicking the “Register” button.
3. In the registration form, it is necessary for the Customer to provide the following Customer data: name and surname, e-mail address and password.
4. The contract for the provision of services is concluded when the Customer receives an electronic confirmation from the Seller to the e-mail address provided by the Customer during registration. The Account service is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete the Account by sending an appropriate request to the Seller, in particular via e-mail to the firstname.lastname@example.org or in writing to the following address: NISHA Ryglewicz sp.k., ul.Poznańska 46, 62-040 Puszczykowo.
5. Creating an Account is not required to place an Order in the Online Store.
6. The use of the basket begins when the Customer adds the first Product to the basket.
7. In order to start providing the Newsletter service, it is required to consent to the receipt of the Newsletter by the Customer by providing e-mail address in the appropriate field in the Online Store or by selecting the appropriate checkbox and confirming it by clicking on the activation link sent by the Seller to the address e-mail provided by the Customer (the moment of starting the provision of the Newsletter delivery service).
8. The Newsletter is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter), in particular by clicking on the deactivation link in each Newsletter sent to the Customer in the form of an e-mail or sending an appropriate request to the Seller in particular via e-mail to the address email@example.com or in writing to the following address: ul. Poznańska 46, 62-040 Puszczykowo.
9. The Seller’s provision of electronic services in the scope of enabling Customers to place orders for Products offered on the website of the Online Store is free of charge and is of a one-off nature. The service should be considered completed immediately after the Seller has completed the order.
§ 11 TERMINATION OF THE ELECTRONIC SERVICES CONTRACT
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons.
2. The Customer who has registered the Account, terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication that allows the Seller to read the Customer’s declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during registration.
§ 12 FINAL PROVISIONS
1. The Seller reserves the right to make amendments to the Terms & Conditions, with the reservation that the amendments in relation to the Customers will not apply to services in progress, and in other cases, they will apply after 14 days from informing the Customer by electronic means and posting the consolidated text of the amended Terms & Conditions next to the one applicable so far with the information about the amendments. The further use of the Store by the Customer via the Account or, in the case of Customers who do not have an Account - accepting the amended version, is equal to acceptance of the new content of the Terms & Conditions.
2. The amended Terms and Conditions are binding upon the Customer if the requirements specified in Art. 384 of the Civil Code are met, i.e. the Customer has been properly notified of the changes and has not terminated the contract for the provision of electronic services of a continuous nature within 14 days from the date of notification.
3. In the event that the amendment to the Terms & Conditions results in the introduction of fees, the Customer has the right to withdraw from the contract.
4. Subject to other provisions of the Terms & Conditions, in matters not covered by the Terms & Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344 i.e. as amended), for Sales Agreements concluded with Customers who are consumers - the provisions of the Act on Consumer Rights and other relevant provisions of generally applicable law.
5. These Terms & Conditions are available free of charge on the website www.ukviat.com at the bottom of the page.
6. The attachments to the Terms & Conditions are: Instructions on the right to withdraw from the contract - Attachment 1, model withdrawal form - Attachment 2.
7. The Terms & Conditions shall apply from 1st March 2021.
8. The Online Store makes every effort to ensure that the Orders are processed in compliance with the consumer’s rights. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place, the provisions of the Act on Consumer Rights shall apply. The provisions of the Terms & Conditions are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the Consumer. In the event of any unintentional non-compliance of the provisions of the Terms & Conditions with the above provisions, these provisions shall prevail.
INFORMATION ABOUT THE RIGHT TO WITHDRAW FROM THE AGREEMENT
NOTICE ON WITHDRAWAL FROM THE AGREEMENT
The right to withdraw from the contract:
You have the right to withdraw from the Sales Agreement within 20 days without giving any reason.
The withdrawal period will expire after 20 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Please note that the right to withdraw from a distance contract concluded with the Seller is not applicable if the delivered Product was in a sealed package, and the Product after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery Product.
To exercise the right to withdraw from the contract, you must inform us, i.e. NISHA Ryglewicz spółka komandytowa, ul. Poznańska 46, 62-040 Puszczykowo, e-mail: firstname.lastname@example.org, about your decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the attached model withdrawal form, but it is not obligatory. You can also complete and submit the withdrawal form or any other unequivocal statement electronically on our website www.ukviat.com. If you use this option, we will send you a confirmation of receipt of the information about withdrawal from the contract on a durable medium (e.g. by e-mail).
To meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Consequences of withdrawal from the contract:
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with this return. We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, depending on which event occurs first.
Please send back or give us the goods to the address NISHA Ryglewicz sp.k., ul. Poznańska 46, 62-040 Puszczykowo, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
FORM OF THE AGREEMENT WITHDRAWAL
(this form should be completed and returned only if you wish to withdraw from the agreement)
Addressee: [NISHA Ryglewicz spółka komandytowa, ul. Poznańska 46, 62-040 Puszczykowo, e-mail: email@example.com]
I / We (*) hereby give notice of my / our (*) withdrawal from the contract of sale of the following goods (*) / for the provision of the following service (*):
Date of conclusion of the contract (*) / receipt (*) ...........................
Name and surname of the consumer (s) ........................... ..
Address of the consumer (s): .......................................... ..
Signature of the consumer (s)
(only if the form is sent in paper version)
(*) Delete as appropriate.