Terms of service

Terms and Conditions of Sale 

The Products offered in the Store are sold by FUJIEI Europa Sp. z o.o. with its registered office in Warsaw, NIP: 5252723048, REGON: 368293244, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000693993 by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, share capital: PLN 1,000,000, contact address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland, hereinafter referred to as the Seller. 

You may contact the Seller by e-mail at: info@nychairx.eu or by telephone at: +48 728 890 176 on Business Days between 9:00 a.m. and 5:00 p.m.  

In accordance with applicable requirements, we have designated a contact point for direct communication with the authorities of Member States, the Commission, the Digital Services Board, as well as with Users using the Service. Fast and direct communication is possible by e-mail at the e-mail address indicated above.  

§1 DEFINITIONS 

  1. For the purposes of these Terms and Conditions, the following terms shall have the meanings assigned to them below:
  2. Price – the amount expressed in monetary units which the Customer is obliged to pay and, in the case of Digital Content or a Digital Service, also a digital representation of value;
  3. Business Day – any day falling from Monday to Friday that is not a statutory public holiday in the Republic of Poland;
  4. Proof of Payment – an invoice, receipt or other document confirming payment, issued in accordance with the applicable provisions of law, including tax regulations;
  5. Delivery – the act of delivering the Product to the Customer, either by the Seller or by a Delivery Provider acting on behalf of or in cooperation with the Seller;
  6. Delivery Provider – an entity cooperating with the Seller in order to perform Delivery, including in particular a courier company, postal operator or logistics operator. Detailed information concerning available delivery methods and delivery providers is made available in the Store;
  7. Withdrawal Function – an electronic functionality made available in the Store, marked with the words “Withdraw from the agreement here” or with other equivalent, clear and unambiguous wording, enabling a Consumer or an Entrepreneur with consumer rights to submit a statement of withdrawal from an Agreement concluded at a distance through the online interface of the Store;
  8. Customer – an entity that intends to purchase or purchases one or more Products, i.e. a natural person with full legal capacity, and, in cases provided for by generally applicable law, also a natural person with limited legal capacity, a legal person or an organisational unit without legal personality to which legal capacity is granted by law, who has concluded or intends to conclude an Agreement with the Seller. The Customer may also be referred to as the User;
  9. Consumer – a natural person who concludes an Agreement with the Seller for purposes which are outside that person’s trade, business, craft or profession;
  10. Offer – a proposal to sell a Product, containing the material terms of the Product, including in particular its description, Price and other essential terms presented by the Seller, including, where applicable, an individual proposal addressed to the Customer;
  11. Entrepreneur – a natural person, a legal person or an organisational unit without legal personality to which legal capacity is granted by law, conducting business or professional activity in its own name and using the Store;
  12. Entrepreneur with consumer rights – a natural person concluding an Agreement directly related to that person’s business activity, where the content of the Agreement indicates that it is not of a professional nature for that person, in particular having regard to the subject matter of the business activity disclosed in the Polish Central Registration and Information on Business;
  13. Product – Goods or a Service offered by the Seller in the Store and intended for sale. A Product is provided against payment, unless expressly stated otherwise;
  14. Physical Product – a Product which is delivered physically, including by post, courier or logistics operator, or which may be collected in person, where such option is made available by the Seller;
  15. Terms and Conditions – these Terms and Conditions of Sale, which set out the rules for using the Store, placing Orders and performing Agreements by the Seller;
  16. Store / Website / Service – the website through which the Seller conducts its business activity, including in particular the sale of Products, or through which content of the Seller or Users is made available;
  17. Goods – a movable tangible item which is the subject of an Agreement concluded between the Seller and the Customer;
  18. User Content – any information, materials or content made available, created, submitted or otherwise provided by the User in connection with the use of the Service, including in particular: a) information contained in the User Account and visible within the Service; b) reviews, comments, reactions, tags, mentions or other content published through the Seller’s official social media channels; c) other content provided by the User to the Seller in connection with the use of the Service;
  19. Durable Medium – any instrument which enables the Customer or the Seller to store information addressed personally to them in a way that allows future access to such information for a period adequate for the purposes for which the information is intended and which allows the unchanged reproduction of the stored information;
  20. User Account – an individual panel assigned to the Customer within the Service, available after logging in, enabling the Customer to manage purchases, Orders and data, to the extent such functionality is made available by the Seller;
  21. Agreement – an agreement concluded between the Seller and the Customer, setting out their mutual rights and obligations, including in particular an agreement for the sale of Goods or for the provision of a Service;
  22. Service – a service provided by the Seller to the Customer, including a service provided electronically, where applicable;
  23. Digital Service – a service enabling the Customer to create, process, store or access data in digital form, to share or interact with data in digital form uploaded or created by the Customer or other users of that service, or to otherwise interact by means of such data. 

§2 RULES OF COOPERATION AND CONCLUSION OF THE AGREEMENT 

1. The terms and conditions for the performance of the Agreement and the rules of cooperation between the Seller and the Customer are set out in these Terms and Conditions and in the Offer. 

2. These Terms and Conditions and the Offer shall not exclude or limit any rights of a Customer who is a Consumer or an Entrepreneur with consumer rights, arising from mandatory provisions of law. 

3. In the event of any discrepancy between these Terms and Conditions and the Offer, the Offer shall prevail. 

4. The Agreement is concluded upon the Customer placing an Order, accepting these Terms and Conditions and making payment, subject to the provision below. 

5. Where, due to the selected payment method, the payment date falls after the conclusion of the Agreement, the Agreement is concluded upon the Customer placing an Order and accepting these Terms and Conditions. 

6. Making payment shall mean that the payment has been credited to the account of the Seller or of the payment intermediary. 

7. After the Order has been placed, the Seller shall send the Customer confirmation of receipt of the Order to the e-mail address provided by the Customer. 

§3 PRICE 

1. Products are sold in the currency indicated in the Store. Prices displayed before the country of delivery is selected are gross prices and include VAT at the rate applicable to deliveries within Poland. Once the Customer selects the country of delivery, in particular in the order form, the prices are automatically updated to reflect the taxes applicable to the selected country of delivery. The Store may remember the country of delivery selected by the Customer and, during subsequent use of the Store, display prices that take into account the applicable tax rates for that country. The final price of the Product, including all applicable taxes, is displayed to the Customer before the order is placed. 

2. The Price does not include delivery costs or any other costs which the Customer may be obliged to bear and of which the Customer will be informed before placing the Order. 

3. A reduced price means the price applicable as a result of a reduction in the Price of the Product. 

4. The lowest price means the lowest price of the Product which applied during the period of 30 days before the introduction of the price reduction. If the Product has been offered for sale for a period shorter than 30 days, the lowest price means the lowest price applicable from the date on which the Product was first offered for sale until the date on which the price reduction was introduced. 

§4 ORDERING RULES  

1. The Customer may use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays or public holidays shall be processed on the next Business Day. 

2. The Seller enables online payments through payment operators available in the Store, including in particular Stripe, Google Pay and PayPal. 

3. Payment may be made by debit card or credit card, as well as through other payment methods offered through the Service, unless a given payment method has been disabled for the purchase of a specific Product. 

4. The Customer is obliged to make payment immediately after placing the Order, unless otherwise provided in the Offer or resulting from the payment method selected by the Customer. 

5. In order to purchase Products through the Store, the Customer shall:

  1. select the Product or Products they wish to purchase from the options available on the Website by clicking the “add to cart” button or an equivalent button;
  2. after selecting the Products, provide the required information, including, where applicable, the Customer’s details, payment method and delivery method;
  3. review the information on the total price for the selected Products, including delivery costs and any other additional costs arising from the Order;
  4. accept these Terms and Conditions and the Order, and make payment for the Order in accordance with the selected payment method. After the Order has been placed, the Seller shall send confirmation of the Order to the Customer. 

6. Before placing and accepting the Order, the Customer shall receive information on the right of withdrawal from the Agreement, the manner of exercising that right, the exceptions to that right and, where the Agreement is concluded through the Store, the possibility of using the Withdrawal Function. 

7. The Seller may cancel the Order if the Customer fails to make payment within 3 Business Days from the date of placing the Order or if the Customer completes the order form in a manner that prevents proper performance of the Order, despite having been requested by the Seller to supplement or correct the data under pain of cancellation of the Order. If the Order is cancelled after payment has been made, the Seller shall refund the payment received from the Customer.  

§5 ORDER PROCESSING RULES 

1. The time limit for processing the Order, including the Delivery of Products, depends on the order preparation time indicated by the Seller and subsequently on the delivery time applicable to the delivery method selected by the Customer, unless otherwise provided in the Offer. 

2. The time limit for processing the Order, including the Delivery of Products, shall be calculated from the date of conclusion of the Agreement. 

3. The Seller shall inform the Customer of:

  1. the order preparation time by the Seller, expressed in Business Days; and
  2. the Product delivery time by the Delivery Provider, expressed in Business Days, depending on the delivery method selected by the Customer. 

4. Delivery of Products is available only to the countries indicated as available in the order form when selecting the country of delivery. 

5. Delivery is made to the address indicated by the Customer in the order form or to the collection point indicated by the Customer, depending on the selected delivery method. 

6. Once the shipment has been dispatched, the Customer will receive an automated email at the address provided when placing the order, containing a tracking number. If the Customer is absent from the specified address or other delivery issues arise, the Delivery Provider may make another delivery attempt or redirect the shipment to a collection point, in accordance with the rules applicable to that Delivery Provider. Information regarding the shipment status, any further delivery attempt, or the collection location will be provided to the Customer by the Delivery Provider, in particular by electronic means. If the shipment is not collected within the period specified by the Delivery Provider, it will be returned to the Seller. The shipment may be resent after the delivery date has been agreed with the Customer and the Customer has covered the costs of redelivery, provided that the return of the shipment resulted from circumstances attributable to the Customer.  

7. The Customer should inspect the received Order upon delivery of the shipment and, in the event of any irregularities, has the right to request that the Delivery Provider prepare a delivery report. 

§6 TECHNICAL REQUIREMENTS 

1. The Customer may use the Store in accordance with these Terms and Conditions and the applicable provisions of law. 

2. The Seller informs that, due to the public nature of the Internet and the use of services provided by electronic means, there may be a risk that Customer data could be obtained or modified by unauthorised persons. Customers should therefore use appropriate technical and organisational measures to minimise such risks. 

3. In order to use the Store or place an Order, the Customer must have:

  1. an up-to-date version of an internet browser supported by its provider, with access to the Internet, such as Google Chrome, Mozilla Firefox, Opera, Safari or another equivalent browser;
  2. an active e-mail account. 

4. If the use of the Store or the Products requires any additional technical requirements to be met, the Customer shall be informed of such requirements before using the Store or before placing an Order for the Product. 

§7 COPYRIGHTS AND LICENCES 

1. All materials made available by the Seller, including texts, photographs, graphics, multimedia materials and trademarks, may constitute works within the meaning of the Polish Act on Copyright and Related Rights and are subject to legal protection. 

2. The copyrights or other intellectual property rights to the materials referred to above are held by the Seller or by another entity from which the Seller has obtained the relevant licence or other legal basis for their use. 

3. All materials made available by the Seller may be used by the Customer solely for the Customer’s own personal use, unless the Offer provides otherwise. Any further dissemination, sharing, copying, downloading, recording, reproducing or otherwise using the materials beyond the scope of permitted use is prohibited. 

§8 COMPLAINTS AND COMMERCIAL WARRANTY 

1. This section sets out the rules concerning liability for the conformity of performance with an Agreement obliging the Seller to transfer ownership of Goods to a Consumer or an Entrepreneur with consumer rights. Detailed rules in this respect are set out in the Polish Consumer Rights Act, and these Terms and Conditions are not intended to limit or modify them. 

2. If the Goods are not in conformity with the Agreement, the Customer may request that they be repaired or replaced or, in the cases provided for in the Polish Consumer Rights Act, may also withdraw from the Agreement. 

3. The Seller may replace the Goods when the Customer requests repair, or may repair the Goods when the Customer requests replacement, if bringing the Goods into conformity with the Agreement in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity with the Agreement. The Customer shall make the Goods subject to repair or replacement available to the Seller. 

4. If the Goods are not in conformity with the Agreement, the Customer may submit a statement on price reduction or withdrawal from the Agreement where:

  1. the Seller has refused to bring the Goods into conformity with the Agreement or has failed to bring the Goods into conformity with the Agreement;
  2. the lack of conformity of the Goods with the Agreement continues despite the Seller having attempted to bring the Goods into conformity with the Agreement;
  3. the lack of conformity of the Goods with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
  4. it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without significant inconvenience to the Customer. 

5. The Customer may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant. 

6. In the event of withdrawal from the Agreement due to the lack of conformity of the Goods with the Agreement, the Customer shall promptly return the Goods to the Seller at the Customer’s own cost. The Seller shall refund the Price to the Customer promptly, but no later than within 14 days from the date of receipt of the Goods or proof of their return shipment. 

7. If the complaint is accepted, in particular where the Product is not in conformity with the Agreement or is defective, all costs related to the return, repair, replacement or collection of the Product shall be borne by the Seller, including transport, shipping and other justified costs incurred by the Customer. If the complaint is not accepted, the costs of sending the Product back to the Customer may be charged to the Customer, provided that the Customer has been informed thereof in advance. 

8. The Customer may submit a complaint concerning the lack of conformity of the Goods with the Agreement by sending it to the Seller’s address indicated in these Terms and Conditions, either by post or by e-mail. The complaint should contain data enabling the Customer to be identified, the subject matter of the complaint and the claims related to the complaint. If the Seller receives an incomplete complaint which prevents it from being examined, the Seller shall request the Customer to complete it, failing which the complaint may be left unexamined. The Customer may submit a complaint using the template attached as Appendix No. 3 to these Terms and Conditions. This procedure shall apply accordingly to the rights arising under §9 of these Terms and Conditions. 

9. The Seller shall examine complaints within 14 days from the date of their receipt, unless otherwise provided by specific provisions of law. The response shall be sent to the Customer’s e-mail address or in another manner indicated by the Customer. 

10. The provisions of this section shall not apply to Goods which serve exclusively as a tangible medium for Digital Content. 

11. In addition to statutory rights arising from liability for non-conformity, certain Goods may be covered by a commercial warranty. In such a case, information concerning the commercial warranty shall be specified, among others, in the Offer or in a separate document, in accordance with the rules provided for in the Polish Consumer Rights Act. 

§9 ADDITIONAL CUSTOMER RIGHTS CONCERNING DIGITAL CONTENT AND DIGITAL SERVICES 

1. This section sets out the rights of a Consumer and an Entrepreneur with consumer rights in the case of agreements concerning the supply of Digital Content or Digital Services, including services provided as part of the User Account, insofar as they apply to the functionalities offered by the Seller. Detailed rights of the User are set out in the Polish Consumer Rights Act, and these Terms and Conditions are not intended to limit or modify them. 

2. If the Digital Content or Digital Service is not in conformity with the Agreement, the Customer may request that it be brought into conformity with the Agreement or submit a statement on price reduction or withdrawal from the Agreement. 

3. The Seller may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if bringing it into conformity in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller. 

4. If the Digital Content or Digital Service is not in conformity with the Agreement, the Customer may submit a statement on price reduction or withdrawal from the Agreement where:

  1. bringing it into conformity with the Agreement is impossible or would involve excessive costs;
  2. the Seller has failed to bring the Digital Content or Digital Service into conformity with the Agreement;
  3. the lack of conformity with the Agreement continues despite the Seller having attempted to bring the Digital Content or Digital Service into conformity with the Agreement;
  4. the lack of conformity of the Digital Content or Digital Service with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
  5. it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time or without significant inconvenience to the Customer. 

5. The Customer may not withdraw from the Agreement if the Digital Content or Digital Service is supplied against payment of the Price and the lack of conformity with the Agreement is insignificant. 

6. If the Customer has not received the Digital Content or Digital Service, the Customer shall inform the Seller thereof. If the Digital Content or Digital Service is not supplied promptly or within an additional period expressly agreed by the parties, the Customer may withdraw from the Agreement. 

7. The Customer may withdraw from the Agreement without requesting the supply of the Digital Content or Digital Service where:

  1. the Seller has declared, or it is clear from the circumstances, that the Seller will not supply the Digital Content or Digital Service; or
  2. the parties have agreed, or it is clear from the circumstances of the conclusion of the Agreement, that a specific time for the supply of the Digital Content or Digital Service was essential for the Customer, and the Seller has failed to supply it within that time. 

8. The provisions of this section shall not apply where the Agreement provides for the supply of Digital Content on a tangible medium. 

§10 WITHDRAWAL FROM THE AGREEMENT  

1. This section sets out the rules for withdrawal from the Agreement by a Consumer and an Entrepreneur with consumer rights. 

2. A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the Agreement within 14 days, subject to the provisions below. In order to exercise the right of withdrawal, the Customer should inform the Seller of their decision by means of an unequivocal statement, for example by sending an e-mail or a letter to the address indicated in these Terms and Conditions. If the Agreement was concluded through the Store, the Customer may also submit a statement of withdrawal from the Agreement by using the Withdrawal Function available in the Store, marked with the words “Withdraw from the agreement here” or other equivalent, clear and unambiguous wording. More information on the right of withdrawal is provided in Appendix No. 1 and Appendix No. 2 to these Terms and Conditions. 

3. The Withdrawal Function is available in the Store for the period during which the Customer has the right to withdraw from the Agreement. 

4. In order to submit a statement of withdrawal from the Agreement by using the Withdrawal Function, the Customer may be asked to provide data necessary to identify the Agreement and to send confirmation of receipt of the statement, in particular: first name and surname, data identifying the Agreement, including the Order number or other data enabling the Seller to determine which Agreement the withdrawal concerns, and an e-mail address or other electronic data necessary to send the confirmation. 

5. After completing the data within the Withdrawal Function, the Customer is given the opportunity to confirm the decision to withdraw from the Agreement by using a function marked with the words “Confirm withdrawal from the agreement” or other equivalent wording. 

6. A statement of withdrawal from the Agreement submitted by using the Withdrawal Function shall be deemed submitted at the moment the Customer confirms the decision to withdraw from the Agreement. In order to meet the deadline for withdrawal from the Agreement, it is sufficient to use the Withdrawal Function before the expiry of the withdrawal period. 

7. Upon receipt of a statement of withdrawal from the Agreement submitted by using the Withdrawal Function, the Seller shall promptly send the Customer confirmation of receipt of the statement on a durable medium. The confirmation shall include at least the content of the statement of withdrawal from the Agreement and the date and time of its submission. 

8. The right of withdrawal from the Agreement shall not apply to an Agreement:

  1. for the supply of Digital Content not supplied on a tangible medium, for which the Customer is obliged to pay the Price, if the Seller has begun performance with the Customer’s prior express consent and after the Customer has been informed, before the commencement of performance, that once the Seller has performed the service, the Customer will lose the right of withdrawal from the Agreement, and has acknowledged this, and the Seller has provided the Customer with confirmation of receipt of such consent;
  2. the subject matter of which is non-prefabricated Goods manufactured according to the Customer’s specifications or intended to satisfy the Customer’s individual needs, i.e. custom-made Goods. 

9. The Customer referred to in paragraph 1 shall be liable for any reduction in the value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product. 

10. In the event of withdrawal from an agreement for the supply of Digital Content or a Digital Service, the Customer shall refrain from using that Digital Content or Digital Service and from making it available to third parties. 

§11 USER ACCOUNT 

1. The Seller creates a User Account for the Customer, i.e. an individual panel made available to the Customer by the Seller in order to enable the Customer to use the Seller’s Products, after the Customer has completed registration and concluded a free-of-charge agreement for the creation and maintenance of the User Account, hereinafter referred to as the Account. The agreement for the creation and maintenance of the User Account is concluded for an indefinite period. 

2. The Customer may not make the User Account available to third parties or hold more than one User Account. 

3. The Seller shall send information concerning the User Account to the e-mail address indicated by the Customer. The Customer shall set an individual password for the Account. The Customer is also obliged to set an individual password if, for the purposes of User Account registration, the password is generated automatically by the system. After registering the Account, the Customer should promptly set a new password. 

4. The Customer may request deletion of the User Account by contacting the Seller by e-mail or in another manner accepted for communication with the Seller, subject to a 14-day notice period, without providing any reason. 

5. The Seller may terminate the agreement for the creation and maintenance of the User Account:

  1. for valid reasons, subject to a 14-day notice period, in the case of a Customer who is a Consumer or an Entrepreneur with consumer rights. Valid reasons shall include, in particular, the Customer’s breach of these Terms and Conditions or applicable provisions of law, as well as the Customer undertaking actions contrary to good practices;
  2. with immediate effect and without stating reasons, in the case of a Customer who is not a Consumer or an Entrepreneur with consumer rights. 

§12 SPECIFIC PROVISIONS FOR ENTREPRENEURS 

1. The provisions set out in this section shall apply to an Entrepreneur who is not an Entrepreneur with consumer rights. 

2. The court competent to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights shall be the court having jurisdiction over the registered office of the Seller. 

3. An Entrepreneur who is not an Entrepreneur with consumer rights is obliged to inspect the shipment upon its receipt. If any defects or damage are identified, the Entrepreneur is obliged to draw up a delivery report upon receipt. If the Entrepreneur fails to comply with the above formalities, the Seller shall not be liable for defects or damage to the Product arising from the moment the Product is accepted by the Delivery Provider until it is handed over to the Entrepreneur, nor for any delay in the carriage of the shipment. 

4. The parties exclude the Seller’s liability for the lack of conformity of the Goods with the Agreement or for defects in the Goods towards an Entrepreneur who is not an Entrepreneur with consumer rights. 

5. The Seller has the right to terminate the Agreement with immediate effect in relation to an Entrepreneur who is not an Entrepreneur with consumer rights. For this purpose, the Seller shall send the Entrepreneur a statement of termination of the Agreement to the Entrepreneur’s e-mail address or correspondence address. The Entrepreneur waives any claims in this respect. 

6. The Seller shall not be liable for lost profits towards an Entrepreneur who is not an Entrepreneur with consumer rights. 

§13 USER CONTENT  

Unacceptable User Content 

1. The User is prohibited from posting Content which constitutes illegal content within the meaning of the Digital Services Act (DSA) or which is otherwise inconsistent with these Terms and Conditions. 

2. “Illegal Content” shall mean illegal content, products, services and activities. 

3. The User may not post Content which:

  1. is of a terrorist nature;
  2. is contrary to law or good practices;
  3. constitutes spam or appears repeatedly in the Service without a justified purpose;
  4. is offensive, contains wording regarded as hate speech or threats, or contains content inciting or supporting violence, content indicative of harassment, or content of a racist, discriminatory or defamatory nature;
  5. infringes or restricts the rights of third parties, including in particular the right to privacy, image rights, personal data protection rights, trademarks or copyrights;
  6. serves to conduct competitive activity or constitutes an act of unfair competition;
  7. serves to conduct unlawful advertising, promotional or marketing activities;
  8. serves to conduct activities prohibited by law, including, for example, financial fraud;
  9. promotes a fascist or other totalitarian state system;
  10. defames or insults any person;
  11. infringes the personal rights of any person;
  12. contains vulgar language or other offensive content;
  13. offends religious feelings. 

4. The Seller shall not be liable for User Content posted in the Service, provided that the Seller:

  1. does not have actual knowledge of the User's illegal activity or illegal Content, and, with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate the User's illegal activity or illegal Content, or
  2. takes prompt and appropriate action to remove or disable access to Illegal User Content, or otherwise to restrict its visibility or monetisation, upon obtaining such knowledge or awareness. 

5. The Seller shall notify the relevant services/law enforcement agencies in the event that the User may have committed, is committing or may commit a crime endangering the life or safety of a person/persons, and provide all information available to it on the subject. 

  1. Moderation of User Content
  2. The Seller may verify User Content at any time.
  3. The Seller shall carry out verification with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including respect for the fundamental rights of recipients of the service, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
  4. Verification may take place before or after publication of the Content, depending on the type of User Content and the functionalities made available.
  5. If User Content is found to be inconsistent with these Terms and Conditions, such User Content may be blocked and made invisible to other Users, removed from the Service, or its visibility may otherwise be restricted. The Seller may also restrict the monetisation of such Content.
  6. If the User uses the Service in breach of these Terms and Conditions, in addition to actions relating to the possible removal or blocking of Content or other restriction of its visibility and/or monetisation, the Seller may delete the User Account or temporarily or permanently prevent the User from using specific functionalities of the Service.
  7. The Seller shall act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including in accordance with freedom of expression and information and other fundamental rights and freedoms. The Seller shall inform the User of its decision, providing the reasons for that decision.
  8. If any of the actions referred to above are taken, the User affected by such actions may lodge an appeal in accordance with the rules set out in this section [see: Appeal Procedure]. 

Reporting User Content

6. Any person or entity may notify the Seller of the presence in the Service of User Content which such person or entity considers to constitute illegal content within the meaning of the Digital Services Act (DSA).

7. The notification may be submitted by e-mail to the contact address indicated in the introductory part of these Terms and Conditions, including by using the form attached as Appendix No. 4 to these Terms and Conditions.

8. The notification referred to above should contain:

9. a sufficiently substantiated explanation of the reasons why the person or entity submitting the notification alleges that the User Content is inconsistent with these Terms and Conditions;

10. an indication of the exact electronic location of the information, such as the exact URL, and any additional information enabling identification of the User Content, appropriate to the type of User Content and the specific type of hosting service;

11. the name and e-mail address of the person or entity submitting the notification, except in the case of a notification concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;

12. a statement confirming the good-faith belief of the person or entity submitting the notification that the information and allegations contained therein are accurate and complete.

13. The notification should enable identification of the notifying person or entity; however, this is not mandatory unless the identity is necessary to determine whether the relevant Content constitutes potential Illegal Content.

14. Promptly after receiving the notification referred to above, the Seller shall send the User confirmation of receipt of the notification by electronic means to the e-mail address provided, provided that the notification contains contact details enabling such confirmation to be sent.

15. If the notification is incomplete or contains other errors preventing it from being examined, the Seller may request the notifying person or entity to supplement or correct the notification, including in particular where confirmation of the rights allegedly infringed is required. Failure to supplement or correct the notification within 14 days from the date of the Seller’s request may result in the notification being left unexamined.

16. Verification of User Content by the Seller in connection with a notification shall take place promptly, no later than within 14 days from the date of receipt of a notification allowing it to be examined, unless the nature of the Illegal Content covered by the notification and the urgency of the action require earlier verification, for example where the Content is connected with a threat to the life or safety of persons.

17. The Seller shall carry out verification with due diligence.

18. The purpose of reporting and verifying Content is to remove information considered to constitute Illegal Content or to disable access to it, provided that such actions must not lead to an excessive infringement of freedom of expression and information of other Users.

19. During the verification, the Seller is entitled to block User Content so that it becomes invisible to other Users or to take other actions described in this section.

20. After verification, the Seller may permanently suspend or remove User Content as infringing these Terms and Conditions, otherwise restrict its visibility or monetisation, or determine that the User Content does not infringe these Terms and Conditions. If the User Content was previously blocked and, after verification, it is found not to infringe these Terms and Conditions, the Seller shall promptly restore the User Content and notify the notifying person or entity, providing reasons for its decision.

21. If any of the actions referred to above are taken, the Seller shall promptly notify both the notifying person or entity and the User who posted the User Content, providing reasons for its decision.

22. If any of the actions referred to above are taken or not taken, the User who posted the User Content or the notifying person or entity may lodge an appeal in accordance with the rules set out in this section [see: Appeal Procedure].

23. If, for technical or operational reasons, the Seller is unable to remove specific information, the Seller shall inform the notifying person or entity thereof.

24. The appeal shall be examined by the Seller. Appeals shall not be examined in an automated manner. 

Appeal Procedure

25. An appeal may be lodged where: a) the Seller has not blocked or removed User Content or has not restricted its visibility despite a notification submitted by another User or a third party; b) User Content has been blocked or removed, or its visibility has been restricted, contrary to these Terms and Conditions; c) the Seller has taken a decision to suspend or terminate the provision of the service, in whole or in part; d) the Seller has taken a decision to suspend or close the account; e) the Seller has taken a decision to suspend, terminate or otherwise restrict the possibility of monetising information. 

The User who provided the User Content or the person or entity who notified the User Content for verification may lodge an appeal.

26. Each decision of the Seller referred to above must include a statement of reasons enabling an appeal to be lodged, subject to situations where there are legal grounds for refusing to provide reasons for the decision. The statement of reasons must meet the requirements set out in the Digital Services Act (DSA) and include information such as: a) an indication whether the decision involves the removal of User Content, disabling access to it, demotion or restriction of visibility of User Content, suspension or termination of monetary payments relating to such User Content, or the imposition of other measures referred to in these Terms and Conditions in relation to such User Content, and, where applicable, the territorial scope of the decision and the period for which it applies; b) the facts and circumstances on the basis of which the decision was taken, including, where applicable, information as to whether the decision was taken on the basis of a notification submitted by another User or a third party, or on the basis of voluntary own-initiative investigations carried out by the Seller, and, where strictly necessary, the identity of the notifying person or entity; c) where applicable, information on the use of automated means in taking the decision, including whether the decision was taken in relation to User Content detected or identified using automated means; d) if the decision concerns potentially unlawful User Content, an indication of the legal basis on which the decision is based and an explanation of the reasons why the relevant User Content is considered unlawful on that basis; e) if the decision is based on alleged incompatibility of the information with the terms of service, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information is considered incompatible with that basis; f) clear and user-friendly information on the possibilities available to the User or the notifying person or entity to appeal against the decision.

27. An appeal may be lodged electronically at: info@nychairx.eu or by post to the following address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland.

28. The appeal should contain the information necessary for it to be examined, including, among others, identification and contact details of the appealing User and detailed reasons indicating irregularities in the Seller’s decision.

29. The Seller shall promptly confirm receipt of the appeal by electronic means to the indicated e-mail address.

30. The appeal shall be examined within 14 days from the date of its submission.

31. If the appeal contains sufficient grounds to conclude that the Seller’s decision is incorrect or unjustified, the Seller shall promptly revoke its decision.

32. The appeal shall be examined by the Seller or under the supervision of the Seller’s personnel. 

§14 FINAL PROVISIONS 

1. For the duration of a force majeure event, the parties to the Agreement shall be released from any liability for non-performance or improper performance of the Agreement, provided that the circumstances constituting force majeure prevent the performance of the Agreement. The foregoing shall also apply to the period immediately preceding or immediately following the occurrence of a force majeure event, provided that, during such period, the effects of force majeure prevent the performance of the Agreement. 

2. “Force majeure” shall mean an accidental or natural event entirely beyond the will and control of the parties, which could not have been foreseen and the effects of which could not have been prevented, including in particular events such as flood, burglary, war, acts of terrorism or the introduction of a state of emergency. 

3. If the Customer is from a country other than the Seller’s country, the Customer should inform the Seller thereof by providing information on their place of residence or registered office, so that tax may be settled in accordance with the applicable provisions of law. 

4. When using the Products, it is prohibited to provide unlawful information or to act in a manner contrary to law, good practices or infringing the personal rights of third parties. 

5. Amicable dispute resolution and complaint handling. A Consumer may seek assistance from:

  1. a permanent consumer arbitration court, by submitting an application for the resolution of a dispute arising from the concluded Agreement;
  2. the provincial inspector of the Trade Inspection, by submitting an application to initiate mediation proceedings aimed at the amicable settlement of a dispute between the Customer and the Seller;
  3. a district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection, in order to obtain assistance in matters relating to the Agreement. 

6. The Seller reserves the right to amend these Terms and Conditions for valid reasons, including in particular changes in the provisions of law to the extent that such changes require the Seller to amend the content of these Terms and Conditions, including in particular changes to the Polish Civil Code, the Polish Consumer Rights Act, the Polish Act on the Provision of Electronic Services, as well as binding decisions of the President of the Office of Competition and Consumer Protection, the President of the Personal Data Protection Office or court judgments, to the extent corresponding to such decisions or judgments, and in the event of a material change in business factors, provided that there is a causal link between such change and a change in the costs of providing services by the Seller. 

7. Agreements concluded before the entry into force of new Terms and Conditions shall be governed by the version of the Terms and Conditions in force on the date on which the Customer concluded the Agreement. 

8. The governing law shall be Polish law, subject to paragraph 10. 

9. The competent courts shall be Polish courts, subject to paragraph 10.

10. In the case of a Customer who is a consumer, the provisions of these Terms and Conditions shall not deprive the consumer of the protection afforded by the laws of the country of the consumer’s habitual residence, where such protection cannot be excluded by agreement. If the provisions applicable in the consumer’s country are more favourable to the consumer and cannot be excluded by agreement, they shall apply to the Agreement concluded between the Customer and the Seller. 

11. In the event of any discrepancy between the Polish and English language versions of these Terms and Conditions, the Polish language version shall prevail. 

12. The rules concerning the processing of personal data are set out in the Privacy Policy. 

13. These Terms and Conditions are effective as of 12.10.2026.  

 

Appendix No. 1 — Instructions on Withdrawal from the Agreement 

INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT 

You have the right to withdraw from this Agreement within 14 days without giving any reason. 

The withdrawal period expires after 14 days from the day on which you acquired possession of the Goods, or on which a third party other than the carrier and indicated by you acquired possession of the Goods. In the case of Goods delivered in batches or parts, the withdrawal period expires on the day on which you acquired possession of the last item. In the case of agreements for the regular delivery of Goods for a fixed period, the withdrawal period expires on the day on which you, or a third party indicated by you other than the carrier, acquired possession of the first item. 

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Agreement by means of an unequivocal statement, for example by a letter sent by post, by e-mail or, where the Agreement was concluded through the online interface of the Store, by using the “Withdraw from the agreement here” function or an equivalent function available in the Store. 

If you use the withdrawal function available in the Store, after you confirm your decision to withdraw from the Agreement, we shall promptly send you confirmation of receipt of your statement of withdrawal on a durable medium, in particular to the e-mail address provided in the form or assigned to the Order. 

Our contact details are: FUJIEI Europa Sp. z o.o. with its registered office in Warsaw, NIP: 5252723048, REGON: 368293244, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000693993 by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, contact address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland, e-mail address: info@nychairx.eu, telephone number: +48 728 890 176. 

You may use the model withdrawal form, but this is not mandatory. You may also submit a statement of withdrawal in any other unequivocal manner, including by e-mail, in writing or, where the Agreement was concluded through the Store, by using the “Withdraw from the agreement here” function or an equivalent function available in the Store. To meet the withdrawal deadline, it is sufficient for you to send your statement of withdrawal before the withdrawal period expires. 

Effects of Withdrawal from the Agreement 

If you withdraw from this Agreement, we shall reimburse you for all payments received from you, including the costs of delivery of the Goods, except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us, promptly and in any event no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this Agreement. 

We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. 

We may withhold reimbursement until we have received the Goods back or until you have supplied evidence of having sent the Goods back, whichever occurs first. 

Please send back or hand over the Product to us at the following address: WW Logistics, ul. Warszawska 75A, 05-300 Stojadła, Poland, promptly and in any event no later than 14 days from the day on which you informed us of your withdrawal from the Agreement. The deadline is met if you send back the Goods before the expiry of the 14-day period. 

You shall bear the direct costs of returning the Goods, unless otherwise provided in the Offer.  

You are liable only for any reduction in the value of the Product resulting from handling the Product in a manner other than necessary to establish its nature, characteristics and functioning. 

If you requested that the provision of services begin before the expiry of the withdrawal period, you shall pay us an amount proportionate to the scope of the services provided until the time at which you informed us of your withdrawal from this Agreement. 

 

Appendix No. 2 — Model Withdrawal Form 

Our contact details are: FUJIEI Europa Sp. z o.o. with its registered office in Warsaw, NIP: 5252723048, REGON: 368293244, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000693993 by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, contact address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland, e-mail address: info@nychairx.eu.  

MODEL WITHDRAWAL FORM 

(This form must be completed and returned only if you wish to withdraw from the Agreement) 

 

I hereby withdraw from the Agreement dated .... concerning / consisting of* .....* 

 

Customer's name, address* .........................................................  

Date* .........................................................  

Signature*......................................................... (if sent in paper form) 

* complete 

 

Appendix No. 3 Complaint Form 

Our contact details are: FUJIEI Europa Sp. z o.o. with its registered office in Warsaw, NIP: 5252723048, REGON: 368293244, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000693993 by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, contact address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland, e-mail address: info@nychairx.eu.  

COMPLAINT FORM 

(fill out the form if you want to make a complaint about the non-conformity of the Product with the Agreement) 

Regarding order no: _________ dated ____  

About the product: _____________ [product description]. 

 

I hereby inform you that the Goods purchased by me are not in conformity with the Agreement.  The non-conformity of the Product with the Agreement consists of: _____________   

The non-conformity was identified on: _______________ 

In view of the above, please: _____________ (indicate claim). 

 

Name, address of Customer* ... Signature* ... (if sent in hard copy) 

 

 

 

Date ......................* complete 

 

Appendix No. 4 - Notification of violation regarding user content 

If you have noticed illegal content, you can report it according to the terms of our Terms and Conditions. 

The controller of the personal data provided in the form is FUJIEI Europa Sp. z o.o. with its registered office in Warsaw, NIP: 5252723048, REGON: 368293244, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000693993 by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, contact address: ul. Wojska Polskiego 9/108, 01-524 Warsaw, Poland, e-mail address: info@nychairx.eu telephone number: +48 728 890 176. 

Personal data is processed for the purpose of handling your request on the basis of Article 6(1)(c) of the GDPR in conjunction with Article 16 of the DSA in accordance with the Privacy Policy. 

INFRINGEMENT REPORT ON USER CONTENT  

Date: ........................... 

Submitter details: ................................................... 

Email address: .............................................................. 

The notification of Illegal Content concerns Content which: 

Mark the appropriate 

  • is of a terrorist nature; 

  • is contrary to law or good practices; 

  • constitutes spam or appears repeatedly in the Service without a justified purpose; 

  • is offensive, contains wording regarded as hate speech or threats, or contains content inciting or supporting violence, content indicative of harassment, or content of a racist, discriminatory or defamatory nature; 

  • infringes or restricts the rights of third parties, including in particular the right to privacy, image rights, personal data protection rights, trademarks or copyrights; 

  • serves to conduct competitive activity or constitutes an act of unfair competition; 

  • serves to conduct unlawful advertising, promotional or marketing activities; 

  • serves to conduct activities prohibited by law, including financial fraud; 

  • promotes a fascist or other totalitarian state system; 

  • defames or insults any person; 

  • infringes the personal rights of any person; 

  • contains vulgar language or other offensive content; 

  • offends religious feelings. 

 

Other circumstances that justify declaring content illegal: 

 .................................................................................................................................... 

 

Illegal Content is located at (indicate specific URL): 

.................................................................................................................................... 

 

Additional information/clarification of illegal Content (indicate additional information/circumstances/data that will allow us to better consider the case), indicate them here: 

.................................................................................................................. 

................................................................................................................. 

 

Submitter's Statement: 

I declare that this notification is submitted in good faith and that I believe that the information and allegations indicated in the notification are accurate and complete (Article 16 (2) (d) of the Digital Services Act). 

 

 

................................................... 

Signature of the Submitter (if applicable)