The Internet store operating at the address www.nukishop.co is operated by Boleo Sp. z o.o., with headquarters: Glogowa 8/1, code: 62-070 Dabrowka, Poland, TIN: 7773235370, company documentation held at: District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register (KRS), KRS registration number 0000493243, share capital: PLN 5,000 paid in full, referred to as "Seller".
The Seller can be contacted:
- by phone: +48 577 977 200 (Store hours are 9 a.m. to 4 p.m. on weekdays, charge as for a regular phone call, according to the tariff package of the service provider used by the Customer),
- through email at: email@example.com
§ 1 General Provisions
The following meaning for words is established:
- TERMS AND CONDITIONS – these Terms and Conditions,
- CUSTOMER – a natural person, a legal person or an organizational unit without legal personality but with legal capacity, who under the terms of these regulations places an Order in the Online Store,
- CUSTOMER BEARING CONSUMER RIGHTS – a natural person having the status of an entrepreneur, entered in the CEIDG register, making the Order within the framework of his business activity, however without relation to the professional character of this activity. This status applies exclusively to customers with a place of delivery or registered office in Poland.
- CONSUMER – Customer who is a natural person using the Online Store for purposes not directly related to his/her business or professional activities,
- GOODS, PRODUCT – movable item, presented in the Online Store, to which the Sales Agreement applies,
- SALES AGREEMENT (AGREEMENT) – contract of sale of Goods, as defined by the Polish Civil Code, concluded between the Seller and the Client, using the Store's website,
- ONLINE STORE (STORE) – internet service available at www.nukishop.co, through which the Customer may place an Order,
- ORDER – Customer's declaration of will specifying unambiguously the type and quantity of Goods, aiming directly at concluding a Sales Agreement.
The purpose of the Store is to sell products currently in stock and to enable the Client to place Orders for the offered products via the website. Using this service is possible after registering and logging on to the Store or through a properly completed Order form without having to log on. The Store allows free browsing of its product range on product pages.
Sales are carried out via the Internet between the Orderer as a buyer and the Store as a Seller.
Each Client purchasing products offered by the store is required to read the content of these Regulations.
§ 2 Technical conditions for placing order
- Technical requirements necessary to use Store's services:
- Internet connection,
- correctly configured browser,
- current, active and correctly configured e-mail account,
- Cookies and Java Script enabled,
- program to access and read PDF files.
If the Client uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the proper functioning of the service and stipulates that this may have a negative impact on the quality and course of the Order placement procedure. It is prohibited for the Client to provide content of an unlawful nature, including in reviews for the Products.
§ 3 Registration
Registration in the Store is free of charge and optional.
Registration in the Store is based on a properly completed registration form, in which the Customer provides the necessary identification data (name, surname), e-mail address and password, accepted the current Terms and Conditions of the Store and a statement of consent to the processing of personal data to the extent necessary for the proper implementation of the Customer Orders. An Account can also be registered by checking the appropriate box in the process of placing an Order. A message confirming account creation shall be sent to the Customer e-mail address provided in the registration form. Upon receipt of a message confirming registration a contract for account maintenance between the Customer and the Store is concluded.
After registering in the Store, logging in takes place using the data provided in the registration form or modified based on a subsequent request of the Customer.
In order to remove a Customer 's account from the Store (termination of the contract) should be sent an e-mail with a request to remove the account to the e-mail address: firstname.lastname@example.org with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is in the process of fulfilling an Order placed. In this case, the effect of termination of the contract shall take place at the time of execution of the Order in question.
Store allows placing Orders without having to register and log in. For this purpose, each time in the process of placing an Order the Customer is required to complete an online form by entering the data required by the Store necessary for its identification and the conclusion and commencing of the contract of sale (name and surname, e-mail address, telephone number - optionally, delivery address). Customer is required to accept the current Terms and Conditions together with a statement of consent to process personal data for the purpose of the Order. Not registering in the Store means not having a Customer Account, which allows access to automatic tracking of the Order.
§ 4 Orders
Information about the available range of products in the Store is an invitation to conclude a contract within the meaning of Article 71 of Polish Civil Code.
When placing an Order, the Customer submits an invitation to conclude a contract of sale for the ordered products in the Store. The process of ordering a product begins with confirmation of the features of the provision through the product page. The Customer is informed about the estimated time for completion of the Order, product availability, price and payment methods, as well as possible delivery options. For the purpose of delivery of the product, the customer is required to provide his address data or their verification in the case of prior registration of an account. Before placing an order (by using the "Order and pay" button) the Customer confirms that he or she has read these Terms and Conditions together with consent to the processing of personal data for the purposes of the Order.
Order confirmation sent by the Store to the e-mail address provided by the Customer is a statement of acceptance of the invitation referred to above. If before the confirmation of the Order (button "Order and pay") the Customer ends the use of the service and leaves the Store, the contract will not be concluded.
Customer purchasing as an entrepreneur, is required to provide Tax Identification Number (NIP) when placing an order, otherwise it is assumed that he buys as a Consumer.
Assessment whether the Customer who is an entrepreneur registered in the CEIDG has the status of a Customer bearing consumer rights is made by the Store in relation to the individual case. It is assumed that Customer who are entrepreneurs entered in the register of CEIDG, who have not indicated the non-professional nature of the Order when placing it, make purchases as part of their business, in connection with its professional nature, unless something else will result from the circumstances of the Agreement in connection with the subject of activity of this Customer reflected in CEIDG. Above is only applicable to Customer bearing consumer rights with a place of delivery or registered office in Poland.
In order to place an order, the Customer is required to choose from available in the Store: the ordered Products, method of delivery, method of payment and indicate the delivery address. The choice is made by: selecting a Product and adding it to the shopping cart.
The store automatically detects from which country the customer enters the website and offers a choice of currency (in the upper tab of the page): PLN or EUR. The customer's choice is remembered after moving to the purchase.
The Customer can choose an unlimited number of products to Order from the quantity of a given product available for Orders, and after moving to the shopping cart will receive a summary of selected products. If the number of Products is limited, the Store will mark such information on the product page.
In the case of unavailability of products covered by the Order in stock, at the Store's suppliers or for other reasons and it is not possible to fulfill the Customer's Order, the Store will notify the of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Consumer has the right to decide whether he or she agrees to fulfil the Order within the period proposed by the Store or whether he or she withdraws from the contract. If it is not possible to carry out a part of the Order as referred to above, the Consumer is informed about the status of the Order and decides on the method of its realisation. The Consumer is given choice between:
- partial execution - the Consumer's choice of this option results in the execution of the Order concerning only available products,
- cancellation of the entire order (withdrawal).
In the case of cancellation, the Store shall refund the price paid by the Consumer. A notification will be sent to the e-mail address specified by the Consumer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order will be cancelled in the part of the products not available.
§ 5 Product price and payment methods
The price specified for each Product is binding at the time of placing an Order by the Consumer. The prices of the Goods displayed on the website of the Store include VAT (if, due to the place of delivery of the Goods, VAT is charged) and do not include delivery costs.
Delivery of Goods is carried out via courier company. Delivery cost information is available in the ordering process prior to submitting such Order.
Delivery costs will be included in product prices depending on the goods ordered and the Consumer's choice of delivery method when placing an Order.
The Seller shall make available to the Consumer the following methods of payment for the Products:
- traditional bank transfer,
- electronic payment via the PayNow.pl website - the payment service is provided by mElements S.A., with its registered seat in Warsaw 00-850, Prosta 18 Str.
- card payment via the PayNow - BlueMedia S.A. Sopot 81-718, Powstansow Warszawy 6 Str.
- electronic payment and card payment via the PayU.pl website - the payment service is provided by PayU S.A., with its registered seat in Poznan, Grunwaldzka 182 Str.
- electronic payments via PayPal virtual wallet system - payment service is provided by PAYPAL POLSKA, KRS: 0000289372, Polish TIN: 5252406419, with registered seat in Warsaw, Emili Plater 53, (00-113)
The Consumer should make an order and choose a payment option other than cash on delivery without payment getting credited within fourteen (14) days, the Order is cancelled. After three (3) working days from placing an Order, if the payment is not credited, the Consumer will receive an e-mail reminder to make the payment.
The commencement of the Order will take place at the time specified in the confirmation of the Order and accepted in advance by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page, the Store states the expected shipping time of the Order.
In the case of certain products or to achieve a certain value of the Order, the cost of delivery is borne by the Store, of which the customer is informed each time before placing the order.
§ 6 Claims and complaints
The Store is obliged to issue Goods without defects.
In the event of defects in the Goods supplied, the Consumer may, at his option, use the guarantee rights, if any, and the rights available to him from the seller under the warranty. Warranty and guarantee rights are independent of each other.
In the case of contracts concluded with Consumers and Consumer bearing consumer rights, the Seller is liable under warranty. It is excluded in relation to the Consumer with other status.
In order to make a complaint, you must inform the Store about the defects observed, documented in order to verify the objections and possible removal of defects without having to send the Goods to the Store. If it is necessary to send the Goods back to the Store, the Store will inform the complainant within 14 days of the complaint. The returned Goods must be accompanied by a document confirming the purchase of the product in the Store with a description of the demands. Complaints can be made in electronic form at email@example.com. or in writing to the address of the Store.
If the sold Product has a defect, Customer bearing consumer rights can make a statement to reduce the price or withdraw from the contract, unless the Store immediately and without excessive inconvenience to the complainant will replace the defective item with one that is free of defects or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the Store, or the Store has not replaced the item with a defect-free item or has not removed the defect.
If the Customer is a Consumer or Customer bearing consumer rights, may instead of the removal of defects proposed by the Store request replacement of the item for a defect-free item or instead of replacing the item request removal of the defect, unless bringing the item to conformity with the contract in the chosen way is impossible or would require excessive costs compared with the way proposed by the seller. When assessing the excess of costs, the value of the defect-free item shall be taken into account, as well as the type and significance of the defect and the inconvenience to which other means of satisfaction would expose Customer.
The reduced price shall be in such proportion to the price under the contract as the value of the Product with the defect remains to the value of the thing without the defect. The contract cannot be cancelled if the defect is insignificant.
Store immediately, but no later than 14 days from the date of receipt of the parcel with the complaint Goods, take a position on the complaint and inform the Customer about further proceedings. About the outcome of the complaint Store will immediately notify the complainant in writing or by e-mail to the e-mail address specified in the complaint. If the Consumer or Consumert bearing consumer rights does not receive the position of the Store on the complaint, it is assumed that the Store recognized the complaint.
Transportation of Products claimed under the warranty is at the expense of the Store through the form of delivery indicated by the Store. The Store does not accept shipments sent back on cash on delivery basis. In some cases it is not necessary to send the defective Product, and the Seller may be satisfied with the visual inspection of photographs provided by the Consumer or Consumer bearing consumer rights, which will be informed after receiving the complaint.
In the event of a dispute between the Store and the Customer on the legitimacy of the refusal to take into account the complaint, the Customer has the right to use out-of-court complaint and claim settlement methods. The Customer may use mediation or arbitration by providing the institution before which the proceedings will be held with an appropriate form - an application for mediation or an application for arbitration. A list of sample institutions together with their contact details is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to resolve consumer disputes electronically via the EU online platform (ODR platform). Such right is not available or the Consumer bearing consumer rights. In the case of foreign Customers, they should find out what ways they have of out-of-court settlement of consumer disputes in their country, and the Store will proceed with such a procedure if necessary.
§ 7 Right of withdrawal
Client who is a Consumer bearing consumer rights, may withdraw from the contract without giving any reason within 14 days from the date of delivery. First he should contact NUKI in writing to the address of the Store or electronically at the e-mail address firstname.lastname@example.org to make a statement of withdrawal from the contract and then return the Goods to the Store. If you with to make a declaration of withdrawal please contact our support team at email@example.com. The deadline is deemed to have been met if a statement of withdrawal is sent in writing to the address of the Store or electronically to the e-mail address firstname.lastname@example.org., no later than on the last day of the 14-day period. After receipt of a notice of withdrawal in electronic form at the above e-mail address, the Store shall immediately confirm receipt by sending information to the e-mail address of the withdrawing party. A notice of withdrawal filed after the aforementioned period shall have no legal effect.
Goods should be returned in an unchanged and complete state, without traces of use, unless the change was necessary within the limits of ordinary use, i.e. the Consumer or Client bearing consumer rights should proceed with the Goods, taking into account the need for its possible subsequent return. He bears responsibility for any diminution in the value of the item resulting from using it in a manner beyond that necessary to establish the nature, characteristics and functioning of the item. If the returned goods are incomplete or bear traces of use going beyond normal management of the item, the Store reserves the right to refuse to accept the shipment or to reduce the amount returned by the equivalent of the value of the damaged goods, at the Store's discretion.
The right of the Consumer bearing consumer rights to withdraw from the contract shall not be entitled if the subject of the Order, among others, is a thing:
- non-refabricated, manufactured to the Client's specification or used to meet his individualized needs;
- which after delivery, due to its nature, are inseparably connected with other things.
Returned Goods should be returned within 14 days of withdrawal from the contract together with a statement of withdrawal to the address of the Store's warehouse, after contacting support team at email@example.com. A Consumer bearing consumer rights shall bear only direct costs of returning the product to the Store (return costs).In the case of withdrawal from the contract, all payments made by him, including delivery costs, will be transferred to the Consumer or Client bearing consumer rights immediately, but no later than 14 days from the date of receipt by the Store of the statement of withdrawal.
Reimbursement of payments made by credit card or electronic transfer shall be made to the bank account from which the payment was made, unless the Client expressly makes before the return of other instructions for reimbursement that do not generate additional costs for him (eg in the statement of withdrawal).
Store may withhold the return of payments received from the Client until the item is received back from the Consumer or the Consumer provides proof of its return, whichever event occurs first.
§ 8 Personal data protection
Provisions concerning protection of personal data in the Store can be found in the Privacy and Cookies Policy located on the Store's Website.
§ 9 Final provisions
For each product sold by the Store is issued a VAT invoice or other settlement document in accordance with applicable tax laws. VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of goods. Acceptance of the Terms and Conditions also constitutes consent to send invoices in electronic form.
The governing law is Polish law. Disputes arising between the Customer and the Store will be settled by the court having jurisdiction over the registered office of the Store, with the proviso that in relation to Consumers these disputes will be settled by the court having jurisdiction under the provisions of civil procedure.
The Seller reserves the right to amend the Regulations. The Seller shall notify registered Customers about the change in the Regulations by e-mail with the right to terminate the contract within 14 days. Amendments to the Regulations come into force 14 days after notification. Orders placed before the effective date of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the Orders.