These Regulations specify the principles of purchasing from the online shop operating at: nessa.com.pl The customer is: NESSA Ewa Kotynia NIP (tax identification number) 5741006866 REGON (statistical identification number) 151994880 entered into the CEIDG register
nessa.com.pl, hereinafter referred to as the Store, sells goods via the Internet. The Buyer may place and confirm their order made with the online store if they have read the Regulations and accepted their provisions before concluding the purchase agreement, and if they express their consent to the processing of their personal data by the Seller for the purpose of handling the order. Personal data are not made available to other entities for marketing purposes. A placed order shall constitute a purchase/sales agreement within the meaning of the Civil Code.
Orders can be placed 24 hours a day, 7 days a week throughout the year (the Store reserves the right to carry out technical interruptions that prevent it from accepting and processing consumer orders). The Consumers' orders are processed on working days (excluding the days, on which the Store's warehouses are closed), usually within 14 days from the day, on which the Consumer confirms the order or on which the Store has received all products ordered by the Consumer and/or the full payment for the order has been received by the Store.
You may purchase from the Store if you are at least 13 years old. (the Civil Code, art. 11-24). If this condition is not met, the agreement shall not be valid.
Placing an order shall be deemed as adding the Store's products to Cart, by filling in an "Order Form" in accordance with the information given in the aforementioned form. Orders placed by e-mail, an Internet communicator or by telephone are allowed.
Shortly after placing an order, the Consumer receives an e-mail confirming acceptance of the order (list of selected products, delivery address, order value, method of payment, method of shipment). If you have not received such information, you should contact the Store by telephone or e-mail. The Store reserves the right to confirm acceptance of an order by phone or e-mail and a negative verification may result in cancellation of the order.
We ask you to provide your correct contact details - in particular, your full name, e-mail address and telephone number - when placing an order and when communicating with the Store. Incorrectly completed registration forms may hinder or prevent processing of your order.
The Store reserves the right to verify placed orders in cases which raise doubts as to the possibility of processing the order, and to cancel the order if it is not paid for.
Payment for the ordered products can be made on delivery, in cash at the cash desk or by bank transfer to the Store's account. Payment methods are described on page Payment and shipping methods.
Processing of an order starts:
for orders paid on delivery - after placing the order,
for orders paid by bank transfer - after the prepayment is credited to the Store's account.
If the payment is not made within 14 days of the order, the Store reserves the right to automatically cancel the order.
If some of the ordered products are unavailable, the Consumer will be informed by the Shop about the status of their order. The Consumer can then decide on the method of processing the order (partial processing, prolonging the waiting time, cancelling the entire order). If the Consumer does not reply within 3 days, the Store reserves the right to dispatch the available items only or to cancel the order.
The time, after which the ordered products reach the Consumer, includes: import time (specified for each product) and the time that the Polish Post/courier needs to deliver the consignment to the address indicated by the Consumer, taking into account only working days.
shipment time = import time + delivery time
On the day the order is dispatched, the Consumer is informed about it by e-mail.
All products offered at the Store are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
Usually a limited number of goods is available as part of sales and promotions. Orders are processed according to the order of receipt of confirmed orders. If the stocks covered by this form of sale are exhausted, the Store reserves the right to adjust and send an incomplete order or to cancel an order.
All prices displayed on the Store's website are given in Polish zloty and are gross values (including VAT). These prices do not include the flat-rate shipping costs.
For each order, a detailed summary of the shipment is issued, with a cost list. It is enclosed with the parcel containing the goods sent to the Consumer. The Consumer may request that the detailed shipment summary is not enclosed with the parcel. We can issue a VAT invoice on the Consumer's specific request.
The Consumer may cancel their order by telephone or e-mail at sklep@nessa.com.pl.
For orders consisting of several goods to be delivered in one parcel, the delivery date depends on the date, at which the Store receives the last element of the order, unless the Store and the Consumer agree otherwise.
Ordered goods are shipped to the address specified by the Consumer through the available shipping services (carrier), such as the Polish Post/courier company. Shipping cost is added to the order price, according to the shipping cost table. Under the wording of the Civil Code, if the sold items are shipped via a carrier, the Consumer is obliged to check the condition of the consignment upon receipt. In case of finding any loss or damage to the goods, they shall be obliged to take all necessary steps to determine the carrier's liability and inform the Store thereof, to draw up a protocol specifying the condition of the consignment and the circumstances, in which the damage occurred, signed by both the carrier and the recipient. The method of examining shipments is specified in the Transport Law (Art. 74 et seq.). The legislator has provided that acceptance of a shipment by a consignee (the Consumer) without reservations shall result in expiry of any claims for loss or damage to the shipment.
A consumer who has entered into a remote contract shall have the right to withdraw from it within 30 calendar days without stating reasons by submitting an appropriate written statement to the Store. The thirty-day period, within which the consumer may withdraw from the contract runs from the date, on which the goods were delivered. In order to meet this deadline it is sufficient to send the statement before its expiry. You can download a template of the withdrawal statement here.
In case of withdrawal from an agreement, such agreement shall be deemed as never concluded. The Store shall return all payments to the Buyer, including delivery costs (except for additional costs resulting from the delivery method chosen by the Buyer, other than the cheapest, ordinary method offered by the Store) immediately and, in any case, not later than within 14 days from the day, on which the Store was informed of the Buyer's right to withdraw from the agreement. If the Consumer has selected a delivery method other than the cheapest standard delivery method offered by the Store, the Store is not obliged to reimburse the Consumer for the additional costs incurred by them. Purchased goods can only be returned if they do not show traces of use, are complete, have tags and have not been damaged in any way. Pursuant to article 38, item 5 of the Act on Consumer Rights, the Consumer is not entitled to a refund/exchange, in which the subject of the supply is a product delivered in sealed packaging, which cannot be returned after opening the packaging for healthcare or hygiene reasons, if the packaging has been opened after the delivery. The consumer shall be liable for reduction in the value of goods resulting from use of the goods beyond the extent necessary to establish the nature, characteristics and performance of the goods. Goods, the replacement/refund of which is not accepted, will be sent back at the Consumer's expense. After 30 days from the time the Store sends the e-mail notification, if the Customer does not give instructions as to how to proceed with the shipment, a 30.00 PLN fee will be charged for each month of storage.
Please pack the returned goods in a way that guarantees their safety in transport, so that the products can reach the store intact. Goods damaged in transport are not subject to return/replacement. The Consumer is obliged to return all the gifts they received free of charge and the receipt/invoice with the returned goods. The goods must be returned immediately, no later than within thirty calendar days. The Consumer shall cover the costs of returning the goods.
The Store shall liable under the warranty if the sold products are defective (a defect reduces the value of the item or its fitness for its purpose, or means that the item does not have the properties described on the Store's website, or the item has been delivered incomplete) and the Consumer did not know about the defect at the time of the concluding the agreement. You may exercise your right to make a complaint by reporting the defect in writing, using an appropriate form available on the Store's website within 1 month from the date of finding the defect. Under the warranty, the Consumer has the right to: withdraw from the agreement, have the price reduced, replace the defective item with a non-defective one or have the defect removed. Complaints shall be processed by the Store within 14 days from the date of receipt of the claimed product and the required documents. If an expert opinion is necessary, the deadline for processing the complaint may be extended to 21 calendar days.
Out-of-court complaint handling and claim investigation procedures and rules of access to these procedures:
Detailed information about the Consumer's right to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of the municipal consumer ombudsmen, social organizations, the statutory tasks of which include consumer protection, Provincial Trade Inspectorates and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
The consumer may exercise the following example out-of-court complaint and claim settlement methods: - The consumer may apply to a permanent arbitration court for consumers, referred to in article 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001 no. 4, item 25, as amended), with a request to resolve any dispute arising from a concluded Sales Agreement. The regulations for the organization and activities of permanent arbitration consumer courts are set forth in the Order of the Minister of Justice of September 25, 2001, defining the regulations for the organization and activities of permanent arbitration consumer courts (Journal of Laws 2001, no. 113, item 1214) - the Consumer is entitled to apply to the Provincial Trade Inspector, in accordance with article 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001, no. 4, item 25, as amended), for initiating mediation proceedings on amicable settlement of a dispute between the Customer and the Seller. The information about the rules and procedure of mediation conducted by the Provincial Trade Inspectorate is available in the offices and on the websites of the individual Provincial Trade Inspectorates.
The Consumer may obtain free assistance in resolving a dispute between them and the Seller, by using free assistance of the district (city) consumer advocate or a social organization, the statutory tasks of which include protection of consumers (such as the Consumer Federation or the Polish Consumers Association). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707 and by the Association of Polish Consumers at the e-mail address: porady@dlakonsumentow.pl.
The store makes every effort to ensure that the product descriptions presented on its website are accurate. However, if you have any doubts, please call us before placing your order.
The Store undertakes to protect personal data in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws 1997, no. 133, item 883). Under this law, the Store's Consumers have the right to access their data, to correct them, to request their deletion, or withhold use of their data.
In case of faulty order completion on the part of the Store, the shipping costs are covered by the Store up to the limit of the amount stated below. The costs of shipping to the Store shall be covered by the Consumer. If a mistake is found, the Shop shall reimburse the shipping cost to the Consumer in the amount specified on the consignment note, not exceeding 8 PLN (in words: eight zloty). Please be advised that the Store does not accept any parcels returned cash on delivery.
For paid orders, if the Store is unable to process an order in full, it shall inform the Consumer about it. In case of cancelling the missing item or the entire order, the Store shall return the prepayment to the bank account or card account (in case of orders paid by card) specified by the Consumer within 3 working days from the date of cancelling the order or its revision.
The information presented in the Store does not constitute an offer within the meaning of Article 66 of the Civil Code; it constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
