Terms and conditions of use in online store www.nikbuty.pl
ONLINE STORE WWW.NIKBUTY.PL cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are void, and in their place the provisions of the Act on Consumer Rights are applied. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In case of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and they should be applied.
TABLE OF CONTENTS:
1. General provisions
2. Buyer's registration and Buyer's account
3. Acceptance and execution of orders
4. Goods prices and shipping costs
5. Order processing time
6. Payment methods
7. Mode of reporting damage to shipments. Exchange of parcels damaged in transport
8. Liability for defects of sold items
9. Withdrawal by the consumer from the sales contract. Return and exchange
10. Complaints regarding the provision of electronic services. Withdrawal from the contract for the provision of electronic services
11. Out-of-court complaint consideration and redress methods, as well as rules of access to these procedures
12. Provisions regarding entrepreneurs
13. Personal data protection
14. Final provisions
- The entrepreneur running the online store located in the www.nikbuty.pl internet domain, hereinafter referred to as the "Online Store", is JAN NURZYŃSKI ZAKŁAD PRODUKCJI OBUWIA „NIK" with its registered office in Dębowica (21-404 Trzebieszów) under number 30, entered in the Central Register and Information on Economic Activity, having the REGON number: 8250005787, NIP: 8250005787, hereinafter referred to as the "Seller". Detailed contact information can be found on the "Contact Us" page.
- These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or to entrepreneurs.
- In the Online Store, interested person may purchase footwear and accessories under the "NIK" ("Goods") brand, on the terms set out in these Regulations.
- The Regulations set out the rules for the functioning of the Online Store, in particular:
- types and scope of services provided electronically;
- conditions for the provision of electronic services, including: technical requirements necessary for cooperation with the ICT system used by the Online Store;
- a ban on any unlawful entity providing the order, hereinafter referred to as the "Customer" or „Buyer";
- conditions for concluding and terminating contracts for the provision of electronic services;
- complaint procedure related to the provision of electronic services.
- The entity providing electronic services is the Seller.
- The service provided electronically consists of:
- enabling browsing the Online Store assortment;
- enabling Customers to place orders for Goods via the Online Store website, the range of which, including prices, has been indicated on the Online Store website;
- operating an online mail order sales platform for goods ordered by Buyers (concluding a distance sales contract);
- enabling the creation and maintenance of a Customer account as part of the Online Store website;
- sending a newsletter to customers who have expressed the will to receive it.
- The Seller informs that the services indicated in par. 1.5.1, 1.5.4 and 1.5.5 are free services.
- The sale takes place via the Internet in the form of a distance contract between the Customer and the Online Store.
- Orders placed for Goods, the range of which has been indicated on the Online Store website, are in each case orders with a payment obligation and lead to the conclusion of a paid contract of sale of the ordered goods.
- The Seller reserves that the information about the product range and prices, provided on the Store's website, does not constitute an offer to conclude a contract within the meaning of art. 66 § 1 of the Civil Code, and only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
- The Seller presents photos of the offered Goods together with descriptions. We strive to make the presented photos have the highest quality and accurately reflect the actual condition and color of products. Any slight color differences between the web presentation and the appearance of the original that may occur are due to technical reasons (including individual monitor settings) and the seller is not responsible for them.
- The buyer can be any natural or legal person or organizational unit without legal personality, having an e-mail account and having full legal capacity.
- Each customer is obliged to read the Regulations. Ignorance of the Regulations does not release the Customer from the rules contained therein.
- When making purchases in the Online Store, the Customer confirms that he has read the Regulations and declares that he accepts it in its current form.
- In order to use the services provided under the Regulations, the Customer should meet the following minimum technical requirements:
- have a web browser: Internet Explorer not older than 7.0 or Mozilla, FireFox not older than 3.0 or Chrome (all versions) or Opera not older than 2;
- have Java Script enabled;
- have an active email address.
Buyer's registration and Buyer's account. Conclusion of a contract for the provision of electronic services
- Conclusion of an agreement for the provision of electronic services of browsing the Online Store's assortment is made by opening the website page via an internet browser.
- Conclusion of a contract for the provision of electronic services to set up and maintain a customer account is made by registering the customer's account.
- Conclusion of a contract for the electronic provision of newsletter services, ordering goods and concluding a distance sales contract can be made by:
- Buyer's registration and setting up an account;
- the Buyer submits a one-off order as a Store guest without creating a permanent Customer account.
- The contract for the electronic provision of the services indicated in paragraph 1.5.3-1.5.5 is concluded for an indefinite period. Each party has the right to terminate the contract, and the Customer who is a consumer also has the right to withdraw from the contract on the terms set out in the Regulations.
- Buyer's registration is free and necessary to set up an account.
- Buyer's registration is made by completing the registration form available on the Online Store website.
- The registration form contains fields that must be completed.
- In the registration form, the Buyer provides his personal data to the extent necessary to create an account and complete the order.
- After completing and submitting the registration form, the Seller sends an email to the provided address confirmation of registration along with confirmation of login and password and a link activating the account.
- Having an account allows the Buyer, in particular:
- direct ordering;
- editing personal data, including delivery addresses;
- browsing order history;
- newsletter order.
- The login and password are confidential and cannot be shared with third parties. The buyer is obliged to properly secure the login and password against unauthorized access.
- Conclusion of a contract for the provision of electronic services is tantamount to submitting the following statements:
- I have read the Regulations constituting the basis for placing an order and concluding a distance sales contract, and I accept its provisions;
- I access the Seller's services voluntarily;
- I meet the conditions of using the Online Store provided in the Regulations;
- the data provided by me in the registration form / order form are true and do not infringe the rights of third parties;
- I consent to the conclusion of the contract by electronic means;
- I agree to the collection and processing of my personal data by the Seller to the extent necessary to provide services by electronic means, on the terms set out in the Regulations;
- I agree to receive messages and information about difficulties, changes or technical breaks in the operation of the Online Store to the e-mail address provided in the form.
- The seller may terminate the contract for the provision of electronic services in the following cases:
- if the purpose of registration or the way the services are used is contrary to the Online Store regulations;
- if the client’s business intends to commit a crime, or if it violates the rights of third parties;
- if the Seller has received official notification of the unlawful nature of the data provided or the Buyer's related activities;
- if the Buyer sends unsolicited commercial information;
- if the Buyer in a gross or persistent manner violates the provisions of the Regulations;
- if the address details provided by the Buyer raise objectively justified doubts as to their correctness or truthfulness, in particular, the Buyer provides non-existent towns, streets not existing in the town, data of fictional characters.
- Providing personal data in the registration form is necessary to carry out the sale transaction. It is in the interest of the Customer to provide correct data enabling contact and delivery of the ordered goods - the Seller is not responsible for the consequences of incorrect data submission.
- A declaration of termination of the contract for the provision of electronic services is submitted by the Seller to the e-mail address provided in the registration process and results in the permanent deletion of the Customer's account.
- The buyer may terminate the contract for the provision of electronic services at any time. A declaration of termination of the contract for the provision of electronic services is made by the Buyer to the e-mail address of the Seller indicated in the Regulations or by a statement of account deletion.
- The Seller may terminate the contract for the provision of electronic services also in the event that the Buyer has not submitted the order or has not logged into the account within one year from the last activity.
- The termination of the contract for the provision of electronic services is subject to a 14-day notice period.
- The Seller shall be entitled to refuse to register the Buyer if the conditions specified in para. 2.13. The Seller will notify the Buyer of a refusal to register by e-mail to the e-mail address provided in the registration form. The buyer has the right to lodge a complaint against a refusal to register within 7 days of receiving the notification of refusal.
- The Customer may not place any illegal content in his account. The Seller reserves the right to request the Buyer to remove unlawful content with a deadline of not less than 3 days. After the ineffective expiry of the set period, the Seller will be entitled to remove unlawful content.
Acceptance and execution of orders
- Orders from Buyers are accepted by the Online Store using the electronic order form.
- Orders can be placed electronically 7 days a week, 24 hours a day.
- Placing an order via the electronic order form constitutes a purchase offer within the meaning of art. 66 § 1 of the Civil Code and consists of the following technical activities:
- Placing an order via the electronic order form constitutes a purchase offer within the meaning of art. 66 § 1 of the Civil Code and consists of the following technical activities:
- selecting Goods from the range presented in the Store together with selecting the quantity of goods;
- adding goods to the basket;
- logging in to the Customer's account or providing correct data when placing an order without registration (as a guest);
- choosing the method of payment and delivery;
- order confirmation.
- Before confirmation, the Buyer may still modify or correct his order and data which he provided to the Seller in the order form.
- Upon confirmation of the order by the Buyer, the sale price and shipping costs are binding on the parties, provided that the Seller accepts the Buyer's offer.
- After receiving the order, the Seller within 3 business days sends to the e-mail address provided by the Buyer a statement regarding the order. In the message Seller:
- declares that he accepts the Buyer's offer and undertakes to perform the contract according to the Buyer's order. The sales contract is concluded remotely on the day of submitting the Seller's statement;
- declares that he refuses to accept the Buyer's offer. An order may be refused in particular when the Seller determines that the goods covered by the order are not available or the date of their delivery cannot be precisely determined. If the order is refused, the contract is not concluded.
- If, before submitting by the Seller a declaration of acceptance of the offer, referred to in paragraph 3.6.1 above, the Buyer makes a statement of withdrawal from the contract, the offer made by the Buyer ceases to be binding.
- After the conclusion of the contract, the Seller may inform the Buyer about the change of order status by sending information to the e-mail address provided by the Buyer.
- The Buyer who is not a consumer may cancel the order until the Seller sends the parcel with the goods by withdrawing from the contract. In such a situation, the Buyer who is not a consumer is obliged to pay a remuneration equivalent to % of gross price of purchased items. In the event that the Buyer has previously paid the advance, the amount of the advance is considered to be a transfer fee and the Seller is entitled to keep it. If the advance amount exceeds the transfer amount, the surplus is returned to the Buyer. In the event that the amount of the advance does not cover the full remuneration - the Buyer is obliged to pay the difference. The above rule does not apply to consumers.
- For non-consumer Buyers, the Seller reserves the right to withdraw from the sales contract before sending the purchased item in the case of:
- having knowledge of the Buyer's poor financial situation (in this situation, the Seller may make the issue of the purchased item conditional upon prior payment of the entire sale price);
- errors on the Store's website resulting from factors beyond the Seller's control;
- arrears by the Buyer with any amounts due to the Seller.
- The statement referred to in paragraph 3.10, the Seller shall submit to the Buyer in electronic form (e-mail) within 7 days from the date of the sale contract.
- In the case of goods marked as "promotion" or goods marked as "sale", the order in which the orders are carried out is determined by the order in which the purchase was made. The quantity of goods at promotional prices or sale prices is limited. The Seller also informs in the description of the item in the Online Store about the exhaustion of the package of add-ons offered together with the sold item.
- The Seller confirms to the Buyer the conclusion of the contract by attaching the receipt or VAT invoice to the purchased goods. The proof of purchase in the form of an invoice or receipt includes the Seller's designation, date of sale, designation of the item, its quantity and price, and date of sale.
- The Seller who is a consumer, the Seller shall provide in the form of an e-mail to the Buyer's address confirmation of the conclusion of the sales contract containing the following data:
- a description of the purchased item and how to communicate with the consumer;
- data identifying the seller, including registration data, address of the Seller's enterprise, e-mail address and telephone numbers for contacting the Seller and submitting complaints;
- gross sale price and shipping costs (if such costs are borne by the Buyer) and the payment method and date chosen by the Buyer;
- time of delivery of the purchased item by the Seller and description of the complaint handling procedure used;
- cases where the consumer has no right of withdrawal;
- the obligation to deliver goods free from defects and to ensure that, to the best of the Seller's best knowledge, the item bought has no defects;
- granting a guarantee (if granted), person of the guarantor and content of the guarantee. The Seller reserves that the confirmation of the contract in this part may also be made in writing, by providing the consumer with a guarantee document, which shall take place at the latest at the time of delivery of the purchased item;
- no obligation of the Seller to apply the code of good practices referred to in art. 2 points 5 of the Act on counteracting unfair market practices;
- the ability to use out-of-court complaint consideration and consumer redress.
- The seller, together with the confirmation of the conclusion of the contract, provides the consumer in the same form with a notice of withdrawal from the contract and a model withdrawal form, which contains the following information and data:
- the manner and time limit for exercising the right to withdraw from the contract and the model withdrawal form;
- costs of returning items in the event of withdrawal from the contract;
- Confirmation of the contract, as well as the instruction and template referred to in paragraph 3.14, is transferred to the consumer until delivery of the purchased item.
- Placing an order by the Buyer over the phone constitutes a purchase offer within the meaning of art. 66 § 1 of the Civil Code and takes place during the interview with an authorized consultant. In response to the Buyer's offer, the consultant confirms the price of the goods and shipping costs and informs (directly or in the next conversation) the availability of all or part of the goods and about the possible delivery time. In the event of unavailability of any ordered goods, the contract is not concluded.
- In the case referred to above, the representative of the Seller (consultant) provides the Buyer who is a consumer with the information and data indicated in point 14 and 15, and receives confirmation from the consumer that he knows that the order entails an obligation to pay. At the consumer's request and after providing his e-mail address, the information may be provided on a durable medium in the form of an e-mail. In such a case, the consumer confirms that he has received the information and data referred to above and that he has read it.
- The seller confirms to the consumer the content of the proposed sales contract concluded as a result of the telephone order on a durable medium in the form of an e-mail. To conclude the sales contract, it is necessary for the consumer to confirm the order, submitted by email in response to the contract confirmation received from the Seller. The contract of sale with the consumer is concluded in this case at the moment of submission by the consumer of a confirmation of the order, the content and conditions of which he received from the Seller after a telephone conversation.
- The Seller informs that telephone conversations regarding placing orders and concluding distance sales contracts may be recorded.
Prices of goods and shipping costs
- All prices of goods are given in Polish zlotys, are gross prices and include VAT. The order is accompanied by a receipt or VAT invoice.
- The Seller reserves the right to change the prices of goods in the Store's assortment, introduce new goods to the assortment, carry out and cancel promotional campaigns on the Store's pages or make changes to them. After the conclusion of the contract with the Buyer, the Seller is bound by the price of the goods and will not change it.
- In the case of the Seller requires incurring the delivery costs of the purchased item, the Buyer is informed about the delivery costs and the method of delivery both before placing the order, at the stage of its completion, and before approving the order, which is tantamount to submitting the purchase offer on the terms specified by the Seller.
- Shipping costs depend on the quantity and dimensions of the goods ordered.
- Detailed information on shipping options and costs can be found on the "Delivery" page.
Order processing time
- The order processing time is the time that elapses from the acceptance of the order for execution until the time of sending the ordered goods from the Online Store, and only working days are included here. An order for goods with different delivery times is sent after completing the whole, i.e. after the longest of the time has elapsed.
- The Seller provides the delivery time in the item description in the Online Store or means the delivery time clearly for a given range of goods.
- In special cases, beyond the control of the Seller, the delivery time may be longer. The Buyer will be immediately notified by phone or e-mail about the extension of the delivery time. If it is necessary to extend the order processing time, the Buyer has the right to withdraw from the sales contract.
- In the case of items made to the Buyer's order and having special properties (specifications) specified in the order, or used to meet his individual needs, the deadline for the contract, including the date of delivery to the Buyer, is set individually. The buyer has the right to cancel the contract (cancellation of contract) in the case when not specified by the Seller accepts the term of the contract.
- In the case of payment by bank transfer, the above deadline is extended by the time of the bank transfer. Purchased items are delivered through an entity providing the activity of paid delivery of shipments. The Seller shall not be liable for non-delivery of goods or delay in delivery caused by an incorrect or inaccurate address provided by the Buyer.
- The buyer can choose the payment for the purchased item in the form of a transfer to a bank account before sending the parcel (prepayment) or in the form of payment to the courier when delivering the parcel (payment on delivery).
- Payments for the item can be made via Przelewy24, PayPal, ordinary transfer or on delivery. You can also express a willingness to pay in a different way - in this case, please contact me at firstname.lastname@example.org (or via the contact form). In the case of payment in advance, the payment should be made within 4 business days from the date of confirming the acceptance of the order for implementation. In this case, payment of the price is a prerequisite for the disposing effect of the concluded sales contract.
- The payment card operator is PayPro SA Rozliczeniowy Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.
- The Seller may also accept cash payment upon receipt of the purchased goods at the Seller's headquarters or other collection point designated by the Seller, or a transfer as part of an electronic payment system. The Seller informs clearly about the acceptable payment when collecting the goods on the item's page in the Store, enabling the Customer to choose this form of payment.
- The Seller reserves the right to request an advance payment of not more than 50% of the value of the order. Such a reservation applies in particular to:
- atypical goods, not available for normal sale in Poland and imported on individual orders;
- goods with special properties specified in the order placed;
- orders whose total value exceeds PLN 5,000 gross (in words: five thousand zlotys).
- The Buyer will be informed by the Seller about the need to make an advance payment in an e-mail containing a summary of the order. In this message, the Seller will inform the Buyer about the amount of the advance payment and the date of its payment. By confirming the order, the Buyer agrees to the advance payment rules.
- If the Buyer fails to make an advance payment within the agreed period, the order shall be considered canceled. The advance payment period begins from the moment the contract is concluded between the Parties. The buyer is released from the obligation to make an advance payment if the seller refuses to accept the offer.
- If the Buyer chooses to pay by bank transfer before sending the parcel (prepayment), the Seller has the right to refrain from sending the item until the amount on the bank account is credited with the amount corresponding to the sale price together with any shipping costs.
- After making the purchase, the Online Store automatically informs about accepting the order.
- The buyer grants the seller a power of attorney to conclude a contract for the provision of services with the Polish postal service / courier on his behalf in order to send the purchased goods through it. The funds allocated for this purpose do not constitute additional income of the Seller.
Shipment damage reporting mode. Exchange of parcels damaged in transport
- The seller ensures proper protection and packaging of the sold item, which allows it to be preserved and intact during transport, as long as the treatment of the shipment during transport corresponds to the properties of the sold item.
- The buyer receiving a parcel delivered by courier is obliged to examine the parcel. If he finds that during transport there was a loss or damage to things, he is obliged to perform all actions necessary to determine the liability of the carrier (Article 545 § 2 of the Civil Code).
- In the case of payment on delivery, the courier has the right to stipulate that the parcel may be checked after paying the whole price of the goods together with any shipping costs.
- The buyer should, if possible, examine the contents of the package (not the condition of the package) in the presence of the courier. If the buyer requests to check the contents of the package, the courier has no right to refuse to participate in such activities.
- In case of damage to the contents of the package Buyer has the right to request the presence of the courier already drawing up a damage protocol. It is also permissible to draw up a damage report after delivery, on the terms set out in the relevant provisions. The damage report will provide the Seller with an obvious basis for free replacement of the purchased product for undamaged in the mode of exchanging damaged shipments.
- The Seller informs that signing by the Buyer of the receipt of the unqualified shipment and failure to draw up a damage report may mean that the shipment has been unrestricted and the purchased goods have been delivered undamaged, which does not deprive the Buyer of the possibility of submitting a complaint and requesting the return of the goods due to damage in transport.
- n the case of the Buyer is not a consumer, the replacement of goods damaged in transport will take place only on the basis of a damage report drawn up on the principles set out in paragraph 7.5. The damage report is the sole basis for the Seller to replace goods damaged in transport.
- As soon as the Seller releases the sold goods to the carrier, the non-Consumer Buyer receives benefits and burdens related to the sold goods and the risk of their accidental loss or damage. In this case, the Seller is not responsible for any loss, damage or loss of goods arising after the release of the goods to the carrier, subject to paragraph 8.7.
- In the event that the goods are returned to the Seller due to:
- providing incorrect address data by the Buyer,
- the Buyer's failure to collect the parcel within the time limit set by the courier,
- other reason attributable to the Buyer,
The seller has the right to charge the buyer with the actual costs of handling the return transport of the purchased item to the seller. In the case indicated above, the cost of re-delivery of the purchased goods shall be borne by the Buyer in each case.
Responsibility for defects of things sold
- The Seller sells brand new, unused and full-value items in the Store. If the subject of the Store's assortment is a used or defective device, information about it will be clearly indicated in the description of the item being sold. The seller is obliged to provide items free from defects.
- The Seller grants a warranty on the items sold only if a warranty document was issued to the Buyer with the delivery of the item, or the Seller otherwise made a warranty statement to the Buyer, which specifies the obligations of the guarantor and the buyer's rights in the event that the item sold does not have the properties specified in the statement .
- The warranty statement referred to above may also be submitted on the Store's website and on a durable medium, confirming the conclusion of the sale contract and its terms to the consumer.
- All complaints regarding items purchased from the Seller (both regarding the quality guarantee and warranty for defects) should be submitted in writing to the correspondence address provided in point 1 of the regulations, or in electronic form, to the e-mail address: email@example.com. If it is necessary to send the advertised goods to the Seller, the Buyer should inform the Seller about this and set a deadline for sending the goods. The cost of sending the goods purchased by the Buyer shall be borne by the Seller. The buyer is obliged to complete and attach to the parcel a complaint protocol, the form of which was placed on the Store's website at the e-mail address: firstname.lastname@example.org. The Buyer should indicate in the complaint form the number of the receipt or invoice as documents confirming the purchase of the goods from the Seller.
- The buyer who is a consumer should indicate whether he exercises the warranty entitlement or warranty entitlement for defects in goods.
- If the Buyer is not a consumer, the Seller's liability under the warranty is excluded (Article 558 § 1 of the Civil Code).
Complaint form >>>
Withdrawal by the consumer from the sales contract. Return and exchange
- The customer has the right to exchange footwear for other shoes if the purchased shoe turns out to be too tight, too loose or does not meet expectations. Exchange is possible within 30 days of receipt of the product.
- Footwear exchange is only possible if the Online Store has the required size or a model for exchange.
- It is necessary to submit a wish to exchange by e-mail: using the contact form available on the Online Store website or to the following e-mail address: email@example.com. The application should include data: name of the person ordering, model (product code) and the size for which the purchase is to be exchanged.
- After confirming the availability of the product, the Seller sends to the customer a courier with shoes for exchange. The exchange is hand-to-hand with a courier.
- The customer should prepare the package for pickup by courier. In the footwear box, put a printed exchange form or card containing the information: name and surname of the ordering person, order number and the note "Exchange". Do not return the receipt - it is valid for the product mentioned! The footwear box should be packed so that it is ready for pickup by courier. A return waybill for the parcel will be placed on the package with the new pair in the T-shirt behind the sender label. Take it out and stick it on the package to the courier.
- An exchange order does not have to be paid, unless it results from a difference in the price of the goods.
- Every first exchange of shoes bought in the store www.nikbutik.pl is FREE. Each subsequent exchange takes place for an additional PLN 20 (say: twenty zlotys), which the Customer is obliged to pay to the courier during the next exchange.
- In the case of exchange for another model, cheaper than the one bought first, the Online Store returns the difference in price. In the case of exchange for a more expensive model than the one bought first, the customer should pay the difference in price by bank transfer.
- A consumer who has purchased an item in the Seller's Store may withdraw from a concluded sales contract without giving reasons by submitting to the Seller an appropriate statement in writing within 14 (fourteen) days from the date of receipt of the purchased item, and in the case of a contract covering many items delivered separately, in lots or in parts - from the date of receipt of the last purchased item, batch or part. To meet this deadline, it is enough to send this statement before its expiry (the date of posting the parcel at the post office is the so-called "postmark date"). The declaration may be submitted on the form, a sample of which is attached to the Regulations.
- In the event of an effective submission by the Consumer of the statement referred to in paragraph 9.9, the Seller shall refund to the Consumer the entire amount paid by him, including the selling price - as well as the shipping costs, however if the Buyer has chosen a shipping method other than the cheapest offered by the Seller, the Seller shall refund the Consumer shipping costs in an amount not higher than the cost of the cheapest offered by him shipment.
- The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the product himself. To meet the deadline, it is sufficient to return the product before its expiry. The consumer may return the product to the address of the Seller.
- The consumer is responsible for reducing the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
- The reimbursement of the amount paid by the consumer will take place immediately, but not later than within 14 (fourteen) days from the date of receipt of the written statement of withdrawal from the contract, by bank transfer, to the bank account indicated by the consumer in the content of this statement. However, the seller may withhold the reimbursement of the payment until the product is received back or the Customer provides proof of sending it back, whichever occurs first. If the Customer who is a consumer has not indicated the bank account number in the declaration, the refund will be made using the same method of payment that the consumer used, unless in the statement of withdrawal he clearly indicates a different way of reimbursement, which does not involve additional costs.
Exchange form >>>
Withdrawal form (return) >>>
Complaints regarding the provision of electronic services. Withdrawal from the contract for the provision of electronic services.
- The customer has the right to lodge a complaint regarding the performance of the contract for the provision of electronic services.
- The complaint should contain at least the following data and information:
- first name and last name;
- customer login;
- e-mail address;
- description of the fault, including the date (if possible also to determine the time) of the fault.
- The complaint will be considered within 14 days from the date of receipt. The Seller will inform the Customer by e-mail or in writing about the way of handling the complaint.
- If the complaint is accepted, the Customer will receive a refund of expenses incurred due to non-performance or improper performance by the Seller of the contract for the provision of electronic services. In the case of a Customer who is not a Consumer, the Seller's liability for lost profits and liability for indirect damages is excluded.
- A consumer who has concluded a contract with the Seller for the provision of electronic services may withdraw from the contract without giving a reason and without incurring any costs by submitting a relevant statement to the Seller in writing within 14 (say: fourteen) days from the date of the contract. To meet this deadline, it is enough to send this statement before its expiry (the date of posting the parcel at the post office is the so-called "postmark date"). The declaration may be submitted on the form, a specimen of which is attached to these Regulations, however, the lonsumer does not need to use a specimen.
- In the case of an effective deposit by the Buyer of the declaration referred to in paragraph. 10.5, the contract for the provision of services is considered void, and the Seller is obliged to immediately delete the Customer's account and delete the personal data provided by the Customer, necessary to conclude the contract for the provision of electronic services.
- The right to withdraw from the contract for the provision of electronic services on the principles described above is not entitled to the consumer if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he loses the right to withdraw from the contract.
Out-of-court complaint consideration and redress methods and rules of access to these procedures
- Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:
- A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: firstname.lastname@example.org or in writing: Plac Powstańców Warszawy 1, 00-030 Warsaw.), Whose task is among other things, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
- The consumer has the following examples of possibilities of using extrajudicial methods of dealing with complaints and redress:
- a request to settle the dispute to a permanent consumer arbitration court (for more information, please visit: http://www.spsk.wiih.org.pl/);
- request for out-of-court resolution of the dispute to the voivodeship inspector of Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller);
- assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among others, by e-mail email@example.com and at the consumer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the operator's tariff).
- At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the platform's website or at the Office of Competition and Consumer Protection's website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
Provisions regarding entrepreneurs
- This chapter of the Regulations and the provisions contained therein apply only to customers who are not consumers.
- The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
- In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the sales contract.
- As soon as the Seller releases the purchased product to the carrier, the non-consumer Customer receives the benefits and burdens associated with the product and the risk of accidental loss or damage to the product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer, and for delay in the shipment.
- If the purchased product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the product, it is obliged to perform all actions necessary to determine the liability of the carrier.
- In accordance with art. 558 § 1 of the Civil Code. the Seller's liability under the warranty for the product towards the Customer who is not a consumer is excluded.
- In the case of Customers who are not consumers, the Seller may terminate the contract for the provision of electronic services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.
- The Seller's liability towards the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the sales contract, but not more than up to the amount of one thousand zlotys. The seller is liable to the non-consumer customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the non-consumer customer.
Personal data protection
- The administrator of personal data of Customers / Buyers is the Seller. Contact with the Administrator The Purchaser may obtain information by post (Dębowica 30, 21-404 Trzebieszów), by e-mail (firstname.lastname@example.org) or by phone (+48 728 216 246).
- The administrator declares that he has implemented and applies the rules for the processing of personal data specified in 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 movement of such data and repealing Directive 95/46 / EC (Journal of Laws EL1616.119.1, general regulation on data protection, hereinafter referred to as "GDPR").
- The Personal Data Protection Inspector is Tomasz Nurzyński. The Customer / Buyer may contact the Inspector by letter Dębowica 30, 21-404 Trzebieszów, by email email@example.com or by phone +48 500 064 860.
- Personal data of each Customer / Buyer separately are processed on the basis of art. 6 clause 1 lit. a), b), c) and f) GDPR in order to perform the contract concluded by the Customer / Buyer with the Seller regarding the sale of goods or services offered by the Seller, as well as the performance of legal obligations incumbent on the Seller, verification of payment credibility, pursuing claims, handling complaints , direct marketing of products and services covered by the Seller's commercial offer, including in order to tailor the commercial offer and promotional activities to the needs of the Customer / Buyer, as well as creating lists, analyzes and statistics, financial settlements, including issuing accounting documents.
- The following categories of personal data of Customers / Buyers are processed:
- first name and last name;
- phone number;
- address for correspondence;
- e-mail address
- IP address
- NIP (optionally)
- The personal data of the Customer / Buyer are stored for a period of 5 years from their receipt in accordance with the provisions of the Accounting Act of 29.09.1994 (Journal of Laws of 2018, item 395, i.e.).
- For the proper functioning of the Online Store, including the implementation of concluded sales contracts, it is necessary for the Administrator to use the services of external entities (such as e.g. a software supplier, courier or payment processing entity). The administrator uses only the services of such processing entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR and protects the rights of data subjects.
- The Seller may provide the Customer / Buyer's personal data to the following recipients or categories of recipients:
- subcontractors, i.e. entities through which the Seller fulfills its own obligations, e.g. carriers, forwarders, courier brokers - in the case of a Customer who uses the Online Store to deliver a purchased product by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier , a forwarder or broker who carries out shipments at the request of the Administrator to the extent necessary to complete the delivery of the product to the Customer;
- payment system operators or companies handling complaints - in the case of a Customer who uses the Online Store with an electronic payment method or payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to support payments made by the Customer ;
- crediting entities / lessors - in the case of a Customer who uses the Online Store payment method in installments or leasing payments, the Administrator provides the Customer's collected personal data to the selected lender or lessor servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to support payments made by customer.
- other entities from which the Seller purchases the goods they offer or entities providing analytical, marketing and training services - in the case of a Customer who agreed to express an opinion on a concluded Sales Agreement, the Administrator provides the Customer's collected personal data to the selected entity providing a system of surveys giving opinions on concluded Agreements Sales in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion using the opinion poll system;
- public authorities, if required by applicable law.
- The Customer / Buyer has the right to:
- request access, rectification, limitation, deletion or transfer of your personal data - the data subject has the right to request the Administrator to access his personal data, rectify it, delete it ("right to be forgotten") or limit processing and has the right to object to the processing, and also has the right to transfer your data. Detailed conditions for exercising the abovementioned rights are indicated in art. 15-21 GDPR;
- withdrawal of consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal - a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to art.6 par.1 lit.a) or art. 9 item 2 lit. a) GDPR), it has the right to withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal;
- make a request to stop processing your personal data;
- lodging a complaint to the supervisory body - a person whose data is processed by the Administrator has the right to lodge a complaint to the supervisory body in the manner and manner specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection;
- raise an objection to the supervisory body when it finds that the processing of personal data concerning it violates the provisions on the protection of personal data - the data subject has the right to object at any time - for reasons related to his particular situation - to the processing of data related to him based on art. 6 clause 1 lit. e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the administrator may no longer process this personal data, unless he demonstrates the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, investigating or defending claims;
- submitting a request to stop processing their personal data - if the data subject justifies the indicated request in writing with his special situation;
- objection to direct marketing - if personal data are processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning him for the purposes of such marketing, including profiling, to the extent that processing is associated with such direct marketing.
- Personal data of the Customer / Buyer who is a citizen of the Republic of Poland or another country belonging to the European Union is not and will not be transferred outside the European Economic Area.
- The voluntary provision of personal data by the customer / buyer in the order form serves the proper performance of the contract for the sale of goods or the provision of services offered by the seller. For this reason, failure to provide your data by the Customer / Buyer will be contrary to the terms of this contract.
- These Regulations apply from May 25, 2018.
- The full and current text of the Regulations is available at www.nikbutik.pl in the "Regulations" tab.
- The Seller informs that it may be forced to amend these regulations, in particular in the event of technological or technical reasons, reasons attributable to producers and suppliers or changes in legal regulations.
- In the case of concluding agreements on the basis of the Rules of continuous nature (eg. Provision of electronic services - account) amended regulations involves the customer, if they were preserved the requirements of Article. 384 and 384  of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.
- In the case of the conclusion on the basis of the Rules of contracts of a different nature than the contract continuous (eg., The contract of sale) amendments to the Regulations will not in any way prejudice the rights acquired clients who are consumers prior to the entry into force of amendments to the Regulations, in particular the amendments to the Regulations will not affect the already orders placed or submitted and concluded, implemented or executed sales contracts.
- All photographs, drawings, store assortment descriptions as well as graphic solutions and databases used on the website are subject to the Seller's copyright or are used by the Seller under a license granted by authorized entities. Any form of use of the abovementioned works and applications by unauthorized entities is prohibited. The use of the aforementioned works without the explicit consent of the seller or other authorized entity constitutes a violation of the provisions on copyright protection and results in the creation of claims specified therein.
- Trademarks not belonging to the Seller are used in the website and product descriptions of the Online Store for informational purposes only and are subject to the rights of the relevant entities.
- The language that is used in the operation of the Online Store is Polish. All correspondence with Buyers is in Polish. The contract with the Buyer is concluded in Polish.
- The seller makes every effort to ensure that the descriptions and photographs of the goods correspond to their real characteristics, parameters and appearance. The appearance, colors and other features of the goods available through the Online Store may, however, differ from those presented in the manufacturer's photographs and drawings and descriptions provided by the manufacturer. The differences in the colors of the goods visible on the Online Store website in relation to their actual colors may be due to the settings of the graphics cards and the parameters of the device on which the Buyer watches the Online Store assortment.
- The price list and information on the store's website do not constitute an offer within the meaning of the Civil Code, but only reflect the offer of producers and suppliers, therefore the Seller does not guarantee the full availability of products visible in the search module. The customer placing an order using the mechanisms available online store submits an offer to buy specific goods on the conditions specified in the product description. The moment of conclusion of the sales contract takes place when the Seller submits a declaration of acceptance of the Buyer's offer.
- If the Buyer's doubts arise regarding the descriptions, photographs, indexes or colors of the goods, any help and explanations are provided by the Online Store service.
- In matters not covered by the Regulations, the provisions of Polish law shall apply
- The court having jurisdiction to settle disputes arising from contracts specified in these regulations is the court having jurisdiction under the provisions of the Code of Civil Procedure. In the event that the sale contract has been concluded with a Buyer who is not a consumer, the competent court is the court having jurisdiction over the seat of the Seller.