SELLING POLICY OF NYCHAIRX ONLINE STORE
Dear Customers, we would like to present the Rules and Regulations of the NychairX Online Store, hereinafter referred to as “Rules and Regulations”. These Rules and Regulations contain necessary information on the operation of the Online Store, the rules of providing Services by the Seller, the rules of placing Orders for Products available in the Online Store, and the information on the processing of your personal data. The Rules and Regulations have been drafted on the basis of the provisions of the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on providing services by electronic means, the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and the free movement of such data, and repealing Directive 95/46/ EC, and the Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
The terms used herein should be construed in the meaning set forth below:
1. Personal Data Controller – an authority, organizational unit, body, or person which determines the purposes and means of the processing of personal data in accordance with the definition set forth in the Regulation of the European Parliament and of the Council of 27 April 2016 on personal data protection.
2. Email Address – the electronic mail address of the Online Store: firstname.lastname@example.org
3. Client – a legal person, a natural person, and an organizational unit other than a legal person and having legal capacity under special regulations that places an Order in the Online Store or intends to do so.
4. Cart (Basket) – a space in the Online Store, made available to the Client individually, allowing the Client to obtain necessary information on their current shopping activity and details of their yet unsubmitted Order.
5. Notification – an electronic message sent to the Client’s email address provided in the Order Form in the Online Store and containing specific information.
6. Product – a movable article of property available in the Online Store and being the subject matter of the Purchase Agreement between the Client and the Seller.
7. Online Store – the store managed by the Seller where the Products offered by the Seller may be purchased by the Clients via the Internet (using electronic means).
8. Seller – the seller and the owner of the Online Store is: Fujiei Sp. z o.o. seated at: Al. Wojska Polskiego 9/108, 01-524 Warszawa.
9. Purchase Agreement – an agreement remotely entered into by the Seller and the Client, concerning the purchase of Products offered in the Online Store and selected by the Client.
10. Service – the service rendered electronically by the Seller as part of its business activity and involving the management of the Client’s account.
11. Order – declaration of the Client’s will, directly leading to the conclusion of the Purchase Agreement and containing its details specified by the Client.
§2. GENERAL PROVISIONS
1. The Controller of personal data shared by the Client as a result of their use of the Online Store is the Seller.
3. The prices used on webpages of the Online Store are provided in gross and in:
D. GBP, depending on the option chosen.
4. The Clients are asked to kindly remember that:
1. the Service Agreement is concluded at the moment of clicking the PLACE ORDER button.
2. the Purchase Agreement is concluded at the moment of receiving the notification that the Order has been accepted. Upon the receipt of this Notification, the Seller and the Client enter into the Purchase Agreement.
5. In order to use the Webstore, which includes browsing the available selection and placing orders for the Products, the Client requires: data terminal equipment with Internet access and a web browser, a keyboard or another pointing device allowing to properly fill out electronic forms, which is necessary for properly placing the Order, an active electronic mail (email) account, and enabled Cookies support.
§3. THE RULES FOR PLACING ORDERS
1. The Seller allows for placing orders in the Online Store without registration, as well as with registration.
2. In order to place and order and purchase a Product available in the Online Store, the Client should firstly select the Product while indicating its parameters, and secondly add the Product to the Cart by clicking the ADD TO CART button. Clicking the button shall move the Product to the Cart. The Client is then free to continue shopping.
3. Having selected all the desired Products, the Client wishing to place the Order should switch to the Cart tab by clicking its icon available in the top-right corner of the Online Store.
4. Upon displaying the Cart and checking information on the Product in the Cart, the Client should click the PROCEED TO CHECKOUT button.
5. Upon entering all data required in the form, you should click the CONFIRM ORDER button to complete the order.
6. The Purchase Agreement is remotely concluded upon confirmation that the order has been accepted. However, in justified cases, the Seller has the right to notify the Client that the Order cannot be completed and to withdraw from the Agreement. In such an event the payment shall be refunded.
§4. PAYMENTS AND DELIVERY
1. Payment for the purchased Products may be made using one of the following methods: wire transfer to the designated account, credit card, PayPal, whichever is selected by the Client.
2. The delivery of the purchased Products shall be completed with the use of a forwarding company GLS, UPS or DPD.
3. The shipping cost of the purchased Product depends on the shipping method and the destination. The Client may obtain information on the exact shipping cost in the Order Form.
4. On average, parcels are prepared for shipping within 3–7 working days of the order confirmation.
5. Customs fees are not included in the delivery fee. The Client placing an order from outside the territory of the European Union is obliged to cover additional costs such as customs, taxes, and customs fees in accordance with local regulations.
6. When receiving the parcel, the Client is asked to thoroughly check, in the presence of the forwarder/transport agent, that no contents of the parcel are missing, as well as to thoroughly check the condition of the packaging and the ordered Product. If the packaging seems damaged, the parcel should not be accepted or should be opened in the presence of the courier, damage report should be drawn up if needed, any potential damage should be documented as photos or videos, and the Seller should be contacted as soon as possible in order to explain the matter. Such conduct will allow for immediate resolution of the issue.
1. The Seller is responsible to the Client for physical or legal defects of the sold products (Statutory Warranty) in accordance with the provisions of the Polish Civil Code of 23 April 1964 and Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
2. Every Client has the right to file a complaint. While exercising this right, the Client is asked to offer a precise description of the defect of the Product or the Service.
3. Prior to filing the complaint and sending the Product, the Client is asked to contact the Seller by phone or an electronic message in order to speed up the complaint proceedings.
4. The Seller agrees to handle the complaint within 15 days of the day when the complaint was filed by the Client.
5. Every Client shall be notified of the end result of the complaint proceedings in writing or by email.
§6. THE RIGHT OF WITHDRAWAL
1. In accordance with Art. 27 of the Consumer Rights Act, every Client bearing the status of the Consumer has the right to withdraw from the Agreement without stating reason within the statutory time limit of 14 days since the conclusion thereof or the receipt of the Product, whichever occurred later.
2. In accordance with Art. 38 of the Consumer Rights Act, no Client bearing the status of the Consumer has the right to withdraw from the Agreement concerning a non-premade object manufactured according to the Consumer’s specifications and/or serving to satisfy their customized needs.
3. In order to exercise the right of withdrawal from the agreement, the Client should file a relevant declaration of will and send it to the Seller together with the purchased Product and information on the Client’s bank account whereto the price of the Product shall be refunded.
4. When exercising the right to withdraw from the remotely concluded agreement, the Client bears the cost of resending the Product to the Seller.
5. Upon filing the declaration stating the will to withdraw from the Agreement, the Product price shall be returned to the Client just like the shipping cost of the Product borne at the moment of purchase up to the amount of the cheapest delivery option available in the Seller’s offer, within 14 days but not prior to the receipt of the product.
§7. COPYRIGHT PROTECTION
1. The Online Store and all materials published in the Online Store are unique. The content layout of the Online Store’s Website, as well as its specific parts such as texts, photos, graphics, application etc. are protected on general terms under copyright regulations.
2. All trademarks, trade names, and corporate symbols placed on the Website are legally protected on the terms set forth in specific regulations.
3. By using the contents made available on the Website, the Clients gain no rights and obtain no license to the contents in question.
4. It is forbidden to reproduce, modify, reuse fully or partially, block, publicly display, and publicly share contents published on the Website with the exception of cases indicated in the applicable provisions of the law.
§8. FINAL PROVISIONS
1. All matters not settled herein shall be governed by the relevant provisions of the Polish law.
2. Every Client with Consumer status has the right to use extrajudicial means of processing complaints and pursuing claims. Such means include:
◦ a permanent consumer arbitration court which allows to file requests for resolving disputes arisen from the Purchase Agreement concluded;
◦ a district or municipal consumer ombudsman or community organisations which protect consumer rights as part of their statutory activity.
3. A platform for the resolution of disputes between consumers and traders at the EU level (the Online Dispute Resolution platform) can be accessed at: http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multi-language website offering comprehensive services for consumers and entrepreneurs who wish to settle by extrajudicial means any dispute concerning contractual obligations arising from the remote purchase or service agreement.
4. These Rules and Regulations together with appendices constitute an integral part of the Agreement entered into by the Seller and the Client.
5. These Rules and Regulations are applicable since 17 April 2018 until further notice.