Regulation

PURCHASE REGULATIONS

REGULATIONS

of online transaction (sales contracts concluded remotely)

in the scope of the conducted Internet shop, operating under domain

http//:www.nidiesque.pl

consumer form templates

The Internet shop available under the website domain under address www.nidiesque.pl is conducted by KF NICCOLUM spółka z ograniczoną odpowiedzialnością with seat in Marki at ul. Tadeusza Kościuszki 43, 05-270 Marki, entered in the Register of Entrepreneurs of the National Court Register for the capital city of Warsaw in Warsaw, XIV Economic Division of the National Court Register under KRS no. 0000556526 with NIP tax identification number: 125 16 32 838, Regon number: 361408655.

CONTACT DETAILS (including the address appropriate for submitted complaints)

  1. postal/correspondence address:

KF NICCOLUM sp. z o.o.

ul. Ludwika Rydygiera 8

01-793 Warsaw

electronic mail address:info@nidiesque.pl

These provisions of the regulations refer to the retail purchase in transactions with consumers (B2C) and entrepreneurs (B2B) the scope of which, depending on the entity being the party to the sales contact, is specified with the provisions of the objective standard contract in the form of the Purchase regulations and effective legal regulations. In case of negotiations, transactions with consumers, individual parties’ arrangements on this subject have binding nature in the wording and scope accepted by both parties to the contract. However, in any case can they be less favourable than the provisions of this standard contract stipulated by the effective legal regulations.

TABLE OF CONTENTS:

Chapter 1: General provisions.

Chapter 2: Method of order placement

Chapter 3: Price information.

Chapter 4: Dates and methods of product payment.

Chapter 5: Product delivery.

Chapter 6: Withdrawal from the contract and its exclusions.

Chapter 7: Complaint - complaint consideration procedure.

Chapter 8: Extrajudicial manners of complaint consideration - principles of access.

Chapter 9: Final Provisions.

GLOSSARY OF TERMS USED IN THE REGULATIONS:

Regulations- these regulations including the set of principles arising from the conclusion and performance of the purchase sales transaction in the online sales system in B2B and B2C relationships, hereinafter referred to as the “Purchase regulations”

Seller- KF NICCOLUM sp. z o.o. with seat in Marki at ul. Tadeusza Kościuszki 43, 05-270 Marki, entered in the Register of Entrepreneurs of the National Court Register for the capital city of Warsaw in Warsaw, XIV Economic Division of the National Court Register under KRS no. 0000556526 with NIP tax identification number: 125 16 32 838, Regon number: 361408655.

Consumer - under Art. 221 of the Act of 23 April 1964 of the Civil Code, a natural person undertaking a legal action, with the Seller, not directly connected with their business or professional activity, hereinafter referred to as the “consumer”

Client -a natural person with full capacity to legal actions, legal person or organisational unit without legal personality which intends to conclude or has concluded the sales contract with the Seller.

Website - a HTML document (i.e. a text-graphic file read by the Internet browser) made available on the Internet under domain http:// www.nidiesque.pl, hereinafter referred to as “website”

Internet shopthe website conducted by the Service Provider, the contents of which include, e.g. descriptions and photos of products constituting the subject of the sales contracts concluded with means of remote communication, hereinafter referred to as the “Internet shop”.

Electronic order forma graphical interface, allowing for placing an order for products presented in the Internet shop.

Product/goodsmoveable objects presented in the Internet shop - cosmetics for skin care (creams), constituting the subject of the sales contract between the client and Seller.

Orderthe Client’s declaration of will that constitutes the offer of conclusion of purchase-sales contract with the Seller, in particular, specifying the type and quantity of ordered products.

Chapter 1: General provisions.

1. Announcements, advertisements, price lists and other information on products on the Internet shop’s website, in particular, their descriptions, technical and operational parameters as well as prices constitute the invitation to contract a contract, under Art. 71 of the Act of 23 April 1964 of Civil Code.

2. The Seller, in the scope of the organised system of remote contract conclusion, e.g. with the use of the website, operating under domain http://www.nidiesque.pl, conducts retail sales of skin care cosmetics (creams).

3. In the scope of concluded contracts specified in point 2, The Seller undertakes to transfer the ownership of the product presented in the Internet shop onto the consumer/client and, next, release it to him, whereas the consumer/client undertakes to collect the product and pay the Seller the price.

Chapter 2: Method of order placement.

1. The Client can purchase the product included in the product range of the Internet shop with the use of:

  1. website and electronic order form made available on it (the procedure specified in the regulations of service provision with electronic means),
  2. e-mail to the address: info@nidiesque.pl

2. The orders performed with the use of electronic means of communication (website and e-mail address) are accepted 24/7.

3. The necessary document of the order placement procedure is submittal of the following personal data:

a) name and surname,

b) correspondence address (delivery address)

c) e-mail address,

d) telephone number

5. In case of orders performed with the e-mail, in addition to data specified in point 4, it is necessary to provide the information on:

a) the product the client is interested in, including the specification of its type and ordered quantity,

b) product price,

c) choice made in connection with the payment and delivery method, under the adopted payment and delivery methods specified in these Purchase regulations and on the website.

6. If the consumer fails to provide the data specified in point 4, the order is not accepted for performance.

7. The Seller immediately confirms the receipt of the placed order, sending the information on accepting the order for performance to the client’s address.

8. The e-mail message, specified in point 7, contains information on the significant components of the placed order which consist of:

a) statement of ordered product/s with indication of the name and number of packages,

b) gross price, including delivery costs,

c) client’s personal data (specified in point 4),

d) selected delivery method,

e) selected form of product payment,

f) advisement on the right to withdraw from the contract applies to the client who is a consumer.

9. On the moment on which the client receives the e-mail message about the acceptance of order, the sales contract between the Client and Seller is concluded.

10. The content of the concluded sales contract is recorded, secured and made available by sending the e-mail message, specified in point 9, by the Seller - it applies to orders placed by the website with the use of electronic mail as well as by printing and providing the consumer with the order specifications and purchase proof (invoice or receipt).

11. The content of the concluded contract is additionally recorded and secured in the Seller’s tele-information system and made available on Client’s each request.

Chapter 3: Price information.

1. In case of each product presented on the Internet shop’s website, its price is expressed in Polish zloty (PLN).

2. The price specified in point 1 includes the tax on goods and services (VAT).

3.The product price does not include the delivery costs the amount of which depends on the delivery method selected by the consumer and specified in chapter VI of these Purchase regulations as well as on the Internet website.

4. The Client placing an order with the use of available means of remote communication (website, e-mail) makes the choice of the method in the process of order placement, where the (gross) prices of particular transport services are optionally available in the electronic order form.

5. The order summary, prior to order placement by the Client, incudes appropriately the product price, gross product price with consideration of its ordered quantity and delivery costs (gross).

Chapter 4: Dates and methods of product payment.

1. The Seller makes the following product payment methods available (not involving cash, cash payment):

a) payment with a standard transfer to the Seller’s account kept by BZWBK Bank account number: 55 1090 1841 0000 0001 3048 6486 (please write the order number in the transfer title),

b) (“COD”) cash payment at the parcel receipt,

c) cash payment while personal receipt in the commercial office,

2. The Client decides on the payment method in the process of order placement with the use of the functions made available in the order form (by clicking the right checkbox) or informing of the same in the order submitted with e-mail.

3. The order, in case of selection of the payment method with a standard transfer to the account or electronic transfer, is performed immediately upon the moment of crediting the Seller’s bank account.

4. In case of “COD” payment, the client pays with cash while receiving the product form the courier.

Chapter 5: Product delivery.

1. Products ordered via the Internet shop are delivered in the territory of the Republic of Poland and EU member states in the manner and on the dates specified in these Regulations.

2. The consumer selects the delivery method in the process of order placement.

3. If the ordered product is to be delivered in the territory of the Republic of Poland, the delivery of the ordered product is made by DPD and Poczta Polska

4. In case of the order in which the delivery address is specified as one of the EU member states, the shipment of ordered products is made by DPD and Poczta Polska

5. The performance date of the order connected with product delivery in the territory of the Republic of Poland is from (1-3 working days).

6. Parcels with the order product are delivered on working days under the delivery address specified in the order.

7. In relationships with entrepreneurs, the performance date can be subject to change and modification, including as a result of circumstances beyond the Seller’s control as well as as a consequence of delays on the side of the carrier.

Chapter 6: Withdrawal from the contract and its exclusions.

1. The consumer, who concluded a remote contract, can withdraw from it without a reason, providing the Seller with appropriate declaration on the contract withdrawal in the period of 14 days, the course of which starts on the moment on which the consumer or third party, other than the carrier, indicated by him takes hold of the item and in case of the contract which includes many products delivered separately, in batches or in parts - from taking hold of the last product, batch or part. For other contracts, the contract withdrawal deadline starts on the contact conclusion date.

2. In order to meet the deadline specified in point 1, it suffices to send the declaration on withdrawal from the contract prior to its lapse in one of the following manners:

a) in writing to the Seller’s correspondence address (KF NICCOLUM SP. Z O.O. ul. Ludwika Rydygiera 8, 01-793 Warsaw)

b) by electronic way to the electronic address (e-mail): info@nidiesque.pl

3. The consumer also has the possibility to use the template of contact withdrawal form the content of which is included in the content of these Purchase regulations, however, it is not obligatory and does not impact on the validity and effectiveness of the declaration submitted in this scope in any manner.

4. If the consumer uses the possibility to submit the declaration on withdrawal from the contract with electronic means specified in point 2 letter b, the Seller confirms the consumer, in the form of an e-mail message, the receipt of the sent declaration.

5. In case of withdrawal from the contract concluded remotely, the contract is deemed not concluded. If the consumer submits the declaration on withdrawal from the contract before the entrepreneur accepts his offer, the offer ceases to be binding.

6. The return of parties’ mutual considerations is performed in such a manner that:

a) the Seller immediately and not later than in the period of 14 days upon the date on which he receives the declaration on contract withdrawal from the consumer shall return the consumer all payments made by him,

b) the return of the payment specified in letter a is performed with the use of the same payment method that was used by the consumer, unless he provides his consent for the other return method which is not connected with any costs for him,

c) the consumer is obliged to immediately return the Seller or the persons authorised by him the product, not later than in the period of 14 days upon the date on which he withdraws from the contract, unless the Seller proposes that he will collect the product himself. The date is deemed maintained if the product is sent or delivered in person prior to its lapse to the Seller’s seat address specified below.

7. Until the moment on which the product is received by the Seller or the consumer provides the proof of sending it back, the Seller can withhold the return of the payment specified in point 7 letter a, unless he himself proposes to collect the product from the consumer.

8. The consumer incurs only the direct costs of product return.

9. The consumer is responsible for decrease of the product value which is the result of using it in the manner exceeding the manner necessary for verification of its nature, features and operation.

10. The consumer is not entitled to withdraw from the contract concluded remotely in which the subject of consideration is the item delivered in the sealed package which cannot be returned upon opening the package due to health protection or hygienic reasons if the package is opened upon delivery (exclusion of the right to withdraw from the contract).

Chapter 7:Complaint - complaint consideration procedure.

1. The Seller is obliged to deliver the product without physical and legal defects as well as, in this scope, he takes the responsibility for the product defects on the principles specified in the provisions of the Act of 23 April 1964 of Civil Code.

2. The Seller is responsible on the basis of guarantee if the defect is stated prior to the lapse of two years upon the date on which the product is released to the consumer.

3. The person authorised to use guarantee shall indicate the following in the notification of the defect found in the period specified in point 2:

a) name and surname,

b) correspondence address,

c) electronic mail address (e-mail address) to which the response to complaint is to be sent if he wants to receive the response to complain via electronic mail,

d) data of product purchase (if possible)

e) type of product under complaint,

f) exact description of the defect and date of its statement,

g) request arising from the complaint notification,

h) preferred manner of notification of the manner of complaint consideration.

4. The consumer can make the notifications on the defect of the purchased product specified in point 3 in the following manner:

a) in writing to the Seller’s address ((KF NICCOLUM SP. Z O.O. ul. Ludwika Rydygiera 8, 01-793 Warsaw)

b) with electronic mail (e-mail): info@nidiesque.pl

5. The Seller shall immediately consider and provide the response to the complaint, not later than within 14 days. The consumer is notified of the manner of complaint consideration according to the data specified in the complaint notification.

6. In case of clients who are not consumers, the Seller’s responsibility due to guarantee for defects of the purchased product is excluded.

7. The scope of the duty to repair the damage by the Seller, relationships with the clients who are not consumers at the same time is limited to the value of the sales product price, excluding the loss incurred by the injured party and benefits which he could achieve if damage was not made.

Chapter 8: Extrajudicial manners of complaint consideration - principles of access.

1. Using the available extrajudicial manners of complain consideration and seeking claims is possible upon the completion of the complaint procedure and has an optional nature - both parties must provide their consent for proceedings. In case of lack of the Seller’s declaration on this subject, it is deemed that he provides his consent for participation in the proceedings of extrajudicial resolution of consumer disputes.

2. Detailed information on extrajudicial manners of complaint consideration and seeking claims as well as access manners to these procedures are available in the seats and on the websites of Poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship inspectorates of Commercial Inspection, e.g. under the following electronic addresses of the Office of Competition and Consumer Protection (UOKiK):

www.uokik.gov.pl/spory_konsumenckie.php,

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php,

www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.

3. The consumer has, among others, the following possibilities to use the extrajudicial

manners of resolution of disputes with the Seller:

  1. mediation,
  2. arbitration - consumer arbitration court,
  3. Internet system of dispute resolution - ODR platform

4. In case of a dispute between the consumer and entrepreneur, there is a possibility to use mediation conducted by the Voivodship inspector of commercial inspection. The mediation proceedings start upon the consumer’s application or ex officio if it is required by the protection of the consumer’s interest (mediation).

5. Resolution of the matters from the scope of property rights arising from the contracts of sales and service provision in B2C relationships can be performed with participation of arbitration courts - consumer courts operating in Voivodship Inspectorates of Commercial Inspection. The Regulations of organisation and operation of permanent consumer arbitration courts, specified in point 4 letter B, are defined by the regulation of the Minister of Justice of 25 September 2001 on determination of the regulations of the organisation and operation of permanent arbitration consumer courts. The procedures connected with the commencement of the proceedings before arbitration courts - consumer courts, including claim templates, are available on websites of the Public Information Bulletins - of Voivodship Inspectorates of Commercial Inspection.

6. The consumer can use the platform of the Internet system of consumer dispute resolution (ODR platform). The European ODR platform is to facilitate independent, unbiased, transparent, effective, fast and fair online extrajudicial resolution of disputes between consumers and entrepreneurs which concern contractual obligations arising from the Internet sales contracts or contracts for service provision concluded between consumers living in the European Union and entrepreneurs with seat in the European Union.

Free access can be gained under domain: http://ec.europa.eu/consumers/odr. The Seller’s electronic address (e-mail) for the course of the aforementioned proceedings: .......................

7. Tasks in the field of protection of consumer interests are also performed by: territorial self-government through Poviat (municipal) consumer ombudsmen as well as consumer organisations and other institutions whose statutory or legal tasks include protection of consumer interests. The list of consumer ombudsmen can be found, e.g. on the website of the President of the Office of Competition and Consumer Protection (UOKiK) http://www.uokik.gov.pl. The non-governmental organisations, e.g. Consumer Federation and Association of Polish Consumers also provide free legal aid for consumers. Detailed information in this scope can be found on websites:www.federacja-konsumentow.org.pl and www.konsumenci.org.

Chapter 9:Final Provisions.

1. The sales contacts in the scope of the conducted Internet shop are concluded in Polish and under the effective law in the Republic of Poland (RP), which, however, does not deprive the consumer of legal protection granted to him in the country of his normal residence and which provisions cannot be excluded by way of contact.

2. To all mattes not settled in these Regulations the legal provisions apply, in particular:

a) Act of 23 April 1964 Civil Code,

b) Act of 30 May 2014 on the consumer’s rights,

c) Act of 18 July 2002 on service provision with electronic means,

d) Act of 29 August 1997 on personal data protection,

e) Act of 4 February 2011 private international law,

f) Act of 23 September 2016 on extrajudicial resolution of consumer disputes

3. The Seller, due to important reasons, allows for amendments of these Regulations, in particular, as a result of:

a) revision/amendments of the provisions of the acts regulating the problem of electronic commerce and consumer contracts,

b) change of prices connected with the transport costs,

c) change of the delivery methods which are connected with the performance of placed orders,

d) changes arising from the form of business activity conducted by the Seller,

4. Changes specified in point 3 become effective within 7 days upon their publication on the website with indication of the date of change publication.

5. A consolidated text of the Regulations with the introduced amendments is published on the Internet shop’s website with indication of the date on which it becomes effective.

6. Amendments to the Regulations do not have impact on the placed and performed orders. The orders accepted for performance are regulated by the Regulations effective on the moment of order placement, unless the consumer submits an offer more favourable for him in which case the contractual provisions agreed individually come first before the content of the applied regulations and have binding nature for the sales contract between the parties in the wording and scope agreed by compatible parties’ declarations.

7. Potential disputes between the Seller and consumer are subject to competent courts under the provisions of the Act of 17 November 1964 Civil Procedure Code.

8. Potential disputes between the Seller and client who is not a consumer at the same time are subject to the competent course for the Seller’s seat.

9. The Regulations can be turned into a hard copy, obtained and read at any time by printing, saving on the appropriate carrier or downloading them in the PDF format from the website www.nidiesque.pl and saving in the computer memory.

10. The regulations become affective on 2 May 2017.

All rights reserved. The content of the website: text, graphics, logotypes, icons, pictures, photographs, audio files, video files, data files, presented on the website www.nidiesque.pl in this Internet shop and other addresses dependent on the Service Provider, cannot be copied or distributed in any form and in any manner without permission. It does not concern the regulations of the Internet shop, but only in the scope which arises from the performance of the conditions of the contract for sales or service provision with electronic means. All and any trademarks, graphic signs, proper names, logotypes and other data are protected with copyright and belong to their owners.

USEFUL LINKS FOR THE CONSUMER (B2C transactions):

  1. advisement on the right to withdraw from the contract
  2. template of contract withdrawal form
  3. template of complaint form

Advisement: If any provision of these Purchase regulations is unclear or incomprehensible as well as brings doubts as to their interpretation, the Seller undertakes to, upon each consumer’s request, both prior to and upon contract conclusion, to explain all reservations or ambiguities which can arise from the effective standard contract. Questions in this scope shall be sent to:

e-mail address: info@nidiesque.pl

or under

telephone number (+48) 608 614 478-614-478608

PDF version (download)


Template of contract withdrawal form

Template of complaint form

Advisement on the right to withdraw from the contract
Regulation
E-service regulations
Privacy Policy
Stages of order fulfillment
Learn more about the order processing process in our store.
Delivery and shipping costs
The right to withdrawal from the agreement
Complaints
ODR Platform
Contact

 
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