Terms of service
Terms and conditions of the online store www.noiseplug.pl
§1 Preliminary Provisions
1. These Regulations (hereinafter: "Regulations"), define the terms and conditions of use of the NOISEPLUG online store, operating at the Internet address www.noiseplug.pl hereinafter referred to as the Store.
2. The owner of the Store is:
NOISEPLUG JAKUB TEKIELI NIP: 5922292982
§2 Contact with the store
1. Seller's address: oś. 800-lecia Starogard 19, 83-200, Starogard Gdański
2. Seller's e-mail address: noise.plug@gmail.com
3. The Customer may communicate with the Seller using the addresses given in this paragraph.
4. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
§3 Definitions
1. Consumer - a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her economic or professional activity.
2. Customer - any entity making purchases through the Store.
3. Store - online store operated by the Seller at the Internet address www.noiseplug.pl.
4. Distance contract - a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
5. Regulations - these regulations of the Store.
6. Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
7. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
8. Registration form - a form available in the Store that allows creating an Account.
9. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Shopping Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
11. Product - a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
12. Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
13. Seller - a natural person conducting business activity under the name of NOISEPLUG JAKUB TEKIELI, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the competent minister of economy, NIP 5922292982.
§4 Technical requirements
To use the Store, including browsing the Store assortment and placing orders for Products, the Customer should use:
a. A device with access to the Internet
b. One of the following web browsers: Firefox, Safari, Google Chrome, Opera
c. Cookies enabled
d. An active electronic mail (e-mail) account
§5 General conditions
1. The Seller, to the fullest extent permitted by law, shall not be liable for interference, including interruptions in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require an Account.
3. Placing orders is possible after providing an e-mail address, the necessary personal and address data to enable the execution of the order and acceptance of the terms of these Regulations.
4. All prices quoted by the Seller are expressed̨ in Polish currency and arę gross prices.
§6 Rules for placing an Order
In order to place an Order you should:
1. select the product that is the subject of the Order, then click the "To Cart" button.
2. select "To Checkout" if the selection of products has been completed. If more products are selected, the Customer may continue shopping by adding them one by one to the Product Basket. Select "To Checkout" when the desired number of products is in the Product Cart.
3. Enter the e-mail address in the field provided for this purpose.
4. Accept the "Terms and Conditions" below the email address field.
5. Click "Order", then enter your name, phone number and the address to which the Product is to be delivered.
6. Select the form of shipping (the method of delivery of the Product), then after continuing to read the Payment Information and select the method of payment for the order.
7. click the "Place Order" button, which is tantamount to the Consumer being bound by the contract.
8. Depending on the selected payment method, pay for the Order within the specified period, subject to § 7 para. 3.
§7 Delivery and payment methods offered
1. Customer may use the following methods of delivery or pickup of the ordered Product:
a. InPost courier delivery
b. Delivery to an InPost parcel machine
c. DPD courier delivery
2. The customer can use the following payment methods:
a. Payment by traditional transfer to the Seller's account
b. Payment by credit card
3. The lead time for a single customer is from 1 to 5 working days from the day the customer places an order. The order processing time consists primarily of the time of preparing the order (completing and packing the order, releasing the parcel to the courier. Delivery time of the order depends on the selected method of delivery, it may vary depending on the type of means of transport indicated by the Customer.
4. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§8 Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 4 of the Terms and Conditions.
2. After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
a. payment by traditional transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 (in words: three) calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
4. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
5. the Product will be shipped to the Customer by the Seller on the date indicated in its description (subject to paragraph 4 of this section), in the manner selected by the Customer when placing the Order.
§9 Right of withdrawal
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
4. The statement may be sent electronically by sending a statement to the e-mail address of the Seller or by traditional mail by sending a statement to the address of the Seller:
NOISEPLUG JAKUB TEKIELI
oś. 800-lecia Starogardu 19
83-200, Starogard Gdański, Poland
The statement can also be made on the form, the model of which is attached as Appendix 1 to these Regulations and the Appendix to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
5 Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Agreement concluded remotely, the Agreement shall be considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
g. The Consumer may exercise the right to withdraw from the contract only if the original tags and the so-called "hygiene seal" ensuring the re-saleability of the Product have not been removed from the Product, in accordance with Article 38(5) of the Consumer Law, to which the Consumer hereby agrees. Even if the so-called "hygiene seal" is not removed. "hygiene seal" the Product must remain intact for the Withdrawal to be valid. The term Product includes the entirety of the Products that the Consumer received at the time of purchase, which means that the Product is not only the purchased footwear, but also the packaging and any accessories that were included as a Product or box. The Product/box does not include the packaging of the courier company. Upon discovery of the damages included in this paragraph, the Consumer may withdraw from the contract only with the express consent of the Seller.
§9 Claims
1. The Contract of Sale shall cover new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
3. The complaint should be reported in writing or electronically to the Seller's addresses given in these Regulations.
4. The complaint shall include, among others, the Order No., a brief description of the defect, the circumstances (including the exact date) of its occurrence, the data of the Customer making the complaint, and the Customer's demand in connection with the defect of the goods.
5. The Seller shall respond to the complaint request immediately, but no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is considered justified.
6. The Seller reserves the right to oblige the Customer to send the Product purchased by him in order to fully consider the complaint.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
8. The Seller shall have the right not to accept a complaint in case of traces of use of the Product by the Customer or third parties. The final recognition or rejection of the complaint is decided by the Seller. The Seller is obliged to indicate the reason in the explanation of rejection of the complaint.
§10 Final provisions
1. Polish law shall apply to the contract of sale of products in the Store. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations.
3. Lack of acceptance of the provisions of the Regulations and Privacy Policy prevents the purchase of goods offered by the Seller.
4. The Seller shall comply with the Code of Good Practices - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
5. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.
6. The court of competent jurisdiction to resolve disputes is the court of local jurisdiction according to the applicable regulations.
7. The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/
8. All trademarks and brand names placed in the Store belong to the legal owners and are placed for informational purposes.