§1 General assumptions
- Present statute (”Statute”) obliges all clients of the online shop NEIGE and defines the rules of registration, usage of the account, online reservation of products available in the offer, ways of placing online orders in the shop and the principles of trading in commodities.
- The statute is available for all users at any time; the client may check it by clicking the link “Statute” placed on the website of the NEIGE store, or by downloading its PDF version on any device.
- The online shop (“Shop”) is available on a domain http://neigetees.com, and the main purpose of this shop is to sell clothes and accessories.
- The owner of the domain and the seller of the products is:
NT Roman Buk
Ligonia 43a 47 – 325 Kamień Śląski
County: Krapkowice Province: OPOLSKIE
TAX ID: PL1990042095 REGON: 161571172
- Mails concluding questions about the business activity of the online shop should be send on following e-mail address: firstname.lastname@example.org. Letters should be send on the home address, which is present in the 4th provision to this statute.
- The client as a natural legal person must be major and have full legal capacity.
- If the information about other condition of the product was not clearly stated in the description, all items in the shop are brand-new, and the person liable for any manufacturing defects is Roman Buk.
- All items in the shop are carefully tagged. The online description includes information about the features of an item, its price, material used in the production process etc. Pictures and presentations of the items in the shop are exemplary, and they serve as a sales presentation.
§2 Placing an order
The client can order items in two ways : both of them are preluded by obligatory acceptance of the Statute of NEIGE shop, which can be done by clicking the proper link before the order placement. Disagreement with the conditions of the Statute precludes the further shopping in the online shop NEIGE. The order placement becomes available after the registration on the website.
- The registration is free and depends on the customer’s will. Client, who is fully registered, has access to additional options present in the customer account.
- Registration means creation of the customer account. The client has to become acquainted with the terms of the service and must accept the statute of the shop. The client has to accept the permission about processing of the personal data, which is obligatory. The personal data tagged as obligatory are necessary for creating an customer account, conducting complementation and service connected with orders and reservations, as well as for proper execution of orders and online communication. The exposure of personal data not tagged as obligatory is freewill and it is not necessary for creating a customer account.
- Placement of an order means to choose items from the NEIGE store’s website (by clicking “add to the basket”), completing the order questionnaire by placing address and personal data, choosing the delivery option and clicking the button “NEXT”. The completion of an order follows the choice of the payment option (which may be: bank transfer, PayPal, credit card) and clicking the option ‘’Proceed to payment”.
- Orders may be placed at any time, every day of the year. Roman Buk reserves the right to temporary stoppage of the shop’s activity because of upgrading the website or data update.
- Information about the total price of the order, including the item’s price and shipping costs is always visible during the order processing. The client can see the total price before confirming the order. Those costs are the full cost of an order and they include taxes and other fees.
- During the process of placing an order the client has the possibility to change and modify the order, till the confirmation of an order placement. The client can change the items chosen, the delivery address, payment method, and personal data. The confirmation of an order placement makes the order constant and the client is obliged to pay for it.
- During the procedure of order placement – till the moment of clicking the „Proceed to payment” option” Client has the right and possibility to modify the order, for example changing the quantity of items or types of clothing, payment method, shipping option and delivery address, any personal data etc. Clicking the „Proceed to Payment” option means closing the order and thus changing the order is no longer possible – it means that the order has been placed and the Customer is obliged to pay for it.
- After the order is placed and confirmed, every client would receive an e-mail message, which would be send on the e-mail address given in the questionnaire. The message is being send automatically and it confirms that the order was placed.
The placed order is verified by the customer service department. If the order is paid and the item is available in the store, the client will receive an e-mail informing about the order acceptance. After receiving this message the client and the seller (Roman Buk) are obliged by the agreement of sale.
- Confirmation of the conditions of the agreement of sale is send to a client via e-mail according to the information present in the 12th provision of this Statute. The message conveys the confirmation of the order placement and includes the PDF documents: this Statute, an information about the client’s right to withdrawal from a contract and an exemplary form of the withdrawal.
- Roman Buk can deny to accept or complete the order fully or partially due to important circumstances, especially when the client will be immediately informed via e-mail about the problems with the order, as per to the rules of the 14th provision. In this case the customer is able to delete the order partially by omitting the items which cannot be delivered, or fully, by informing Roman Buk about it via e-mail or letter. The circumstances which may be crucial for the order denial are:
– the item is no longer available or the delivery is impossible to be conducted,
– the processing of an order is impossible due to technical problems with the website,
– the personal data of a client are incomplete or false,
– he person who wants to order the item is under 18 or denied to agree to the permission about processing of the personal data by Roman Buk,
– the order has not been paid within 7 days from the moment of order confirmation.
- Roman Buk will immediately inform the customer about the impossibility of completing the order partially of fully via e-mail, which will be send on the e-mail address given by the client while fulfilling the questionnaire necessary for creation of a Customer Account. In this case the customer is able to delete the order partially by omitting the items which cannot be delivered, or fully, by informing Roman Buk about it via e-mail or letter.
- If the client wants to resign from the order according to the rules from 15th provision because of the impossibility of realization of an order partially or fully, and the order is already paid, Roman Buk will send back the proper amount of money to the customer. The payment will be given back by using the same method as the payment method used by the client while paying for an order, unless the client would not suggest any other option of the return of the payment. In every case the client would not be charged by any additional fees.
- Orders are confirmed by the customer service department during working days, it means Monday-Friday (not including the days which are statutorily free from work), from 9:00 a.m. till 4:00 p.m.
§3 The conclusion
- Order which was confirmed by the system (§ 2 provision 12 of the Statute) is treated as an offer and thus, according to the art. 66 § 1 of Civil Code, functions as a ground for a contract of sale between the Customer and Roman Buk.
- The contract of sale of the items included in the order becomes confirmed when the Customer gets the line on the order being completed according to the § 2 provision 12 of the Statute.
- The Customer accepts that the order being confirmed and proceed by Roman Buk equals that the contract of sale is valid and the duty of paying proper amount of money for items and its delivery is obligatory.
- Trade information present on the website are not an offer, according to the article 66 of Civil Code. Trade information plays the role of an incentive to make an offer, even if there is an information about the price of an item.
- According to the contract of sale the Customer is obliged to pay the proper amount of money which includes the item’s price and the delivery costs. The payment needs to be done within 7 days from the day of the order confirmation. Roman Buk will proceed the order right after receiving the payment, unless the Customer chose the “charges forward” delivery option.
- The price of the items in the shop is a pre-tax price in Polish złoty’s (PLN) – when the Customer uses the Polish version of the site; in Euro (EUR) – when the Customer uses the international version of the site. The price includes the taxes and service costs, but does not include the costs of shipping.
- The payment is done by choosing one of the available payment methods. The day of payment is the day when Roman Buk receives the payment and it is posted on his bank account.
– Cash – payment with the use of the postal charge – available only for the orders shipped in Poland,
– Bank transfer on the account number present in the e-mail version of the confirmation of an order,
– PayPal Service;
– PayU S.A. Grunwaldzka 186 St, 60-166 Poznań, Poland.
– when the package has to be shipped outside of Poland and the weight is under 1 kg or over 2 kg, the customer gives Roman Buk permission to conclude an agreement with the Polish Post about the package and the payment for it.
The day of payment is the day when Roman Buk receives the payment and it is posted on his bank account.
§5 Shipping and receiving the order
- The delivery may take up to 6 days from the moment of confirming the contract of sale, according to the §3 prov. 2 of the Statute. During sales or special offers the delivery time may be longer than usual and it may take up to 14 days according to the §3 prov. 2 of the Statute. When an order is completed it will be marked as “shipped”.
- In case of packages which weight is under 1 kg or above 2kg and which should be delivered abroad Poland, the Customer delegates Roman Buk to conclude a contract with the Polish Post on behalf of the Customer. This contract includes the purchase agreement and the shipping agreement with all the costs.
- Roman Buk commends the delivery to a proper company.
- Roman Buk may wait with the shipment of the order till the payment (item’s price + delivery costs) is confirmed, unless the Customer chose the “charges forward” delivery option.
- Items are delivered to the given address within Poland by the Sendit S.A. parcel service, Wagonowa Street 2b, 53-609 Wrocław. The shipping address is the address given by the Customer while filling the questionnaire.
- The price of shipping (within Poland) varies depending on the weight, width and shape of the parcel. Customer is always informed about the shipping price before the „Proceed to payment” option is available. For the international orders the shipping cost is coordinated individually with the Customer before order placement. The Customer is always informed about the full shipping costs.
§6 The right to withdraw from an agreement
- According to the article 27, law from 30th May 2014, Consumer rights (Dz.U. 2014 p. 827), the Customer who is a legal person and confirmed the contract of sale, has the right to withdraw from this agreement within 14 days of the moment of confirming the contract, without any reason. Warning about this right, including information about the way and period of time in which it may be used, as well as about the way of returning money, is the 1st attachment to this Statute.
- When the Customer wants to resign from the contract of sale, he/she may use the exemplary placed on the website of the NEIGE store. This is the 2nd attachment to this Statute, but the use of it is not obligatory. Filled and signed act of withdrawal from an agreement should be shipped to the address pointed in §1 prov. 4 of the Statute.
- The period of time when the Customer is able to withdraw from an agreement starts with the day when the Customer received his/her order or when other person, pointed by the Customer, received his/her order. To keep the ability to withdraw from the agreement the Customer has to send information about this procedure to Roman Buk. Detailed information about the right to withdraw from an agreement is present in the 1st attachment to the Statute.
- When the Customer withdraws from the agreement he/she must give the items back as soon as possible, not later than 14 days from the day of informing Roman Buk about his/her withdrawal. The Customer has to send the item back within 14 days to the address given in the §1 prov. 4 of the Statute.
- The costs of sending the items back are covered by the customer.
- When the withdrawal is confirmed, Roman Buk is obliged to send back to the Customer all the money he/she paid for the order within 14 days. The refund do not cover the costs of non-standard shipping chosen by the Customer, if the shipping method is not the cheapest one offered by Roman Buk.
- The way of sending the refund depends on the chosen payment method. It may be done by PayPal or PayU. Roman Buk may wait with the refund till the moment of receiving the item back or receiving information about the shipment of an item.
- The right to withdraw from an agreement is valid only in case of a Customer being an Consumer according to the prov.1 mentioned before.
- The Customer is responsible for all the changes in the value of an item due to the conditions of usage of the item.
- Roman Buk is obliged to deliver the items to the Customers in an untouched condition. If the item is damaged or discrepant in any other way with the contract, the Customer has the right to an unpaid repair or exchange of an item for a new, non-damaged one.
- Complaints about items should be send to an address present in the § 1 prov. 4 of the Statute.
- The Complaint should include:
– name and surname,
– e-mail adress,
– the date of confirmation of the contract of sale,
– description of an item which the Complaint is about with the way of resolving this problem,
– any other descriptions which may be helpful in the process of confirming the complaint.
- If any data needs to be clarified, Roman Buk has the right to contact the Customer and ask for the complementation of this data.
- Roman Buk decides about the Complaint within 14 days from the moment of receiving its proper form.
- The delivery costs are paid by the Customer. If the Complaint is acclaimed by Roman Buk, he will refund the delivery costs not bigger than the Standard Shipping Method.
- Any legal terms connected with the complaint are present in the law from 30th May 2014, Consumer rights (Dz.U. 2014 p. 827).
- Complaints and any questions about the NEIGE shop should be sent to the e-mail address: email@example.com
§8 Personal data
- In the questionnaire for the Customer account registration the Customer decides that he/she agrees to processing and using his personal data. The agreement on processing and using the personal data is obligatory for the placement of an order. It is also obligatory for :
– confirming the contract of sale described in the Statute,
– promoting the items by Roman Buk according to his sales activity.
- Agreeing on the terms of using the personal data is obligatory for the procedure of order placement.
- Data administrator is Roman Buk. Any personal data implied by Customers are placed in a Customer Personal Data Collection by Roman Buk. The Personal Data Collection is registered by the Inspector General for the Protection of Personal Data.
- Customer has the right to change or dismiss his personal data.
§9 Personal Data Protection
- Client’s personal data are processed by the Seller as an Administrator of personal data.
- Providing personal data by the Client is voluntary, but necessary to create an Account and confirming Sales Agreement.
- The Seller is obliged to provide proper technical support which will secure the collected personal information.
- Client has the right to raise a complaint to the competent authority for the case of personal data protection. Client has also right to object, to access his/her personal information, as well as demand its correction, deletion, or limitation.
§10 Cookies policy
- In order to maintain client’s comfort and safety the service does not collect automatically any information, except of the information placed in the “cookies”.
- Cookies files are IT data, especially text files, which are stored in the Customer’s account to enable the proper use of the site. Cookies include the name of the website, time in which they were used and the unique number.
- The person who is responsible for the cookies files and who has access to them is Roman Buk.
- The service uses two main types of cookies: session cookies and persistent cookies. Session cookies are temporary, and are stored on the device until the moment of logging-out, closing the page or closing the device (web browser). Persistent cookies are stored during the time described in the cookie or until the time when the user deletes them. Cookies are used for: Fitting the site to the User, optimization of the terms of usage of the website. Those cookies enable to recognize the User’s device and show the website in a proper shape.
- In many cases the web browser intentionally allows to store the cookie files on the User’s device. Users can change the terms of using cookies at any time. Settings can be changed in the way that they block the automatically proven agreement on using the cookie files. Detailed information about the ways of using cookies are available in the device settings (web browser).
- The Administrator informs that the restriction of usage of cookie files may affect the functionality of the website. Cookies present on the website may be used by the advertisers and partners of the service.
§11 Changes in the Statute
- Any changes will be described by Roman Buk on the website of the NEIGE shop.
- Any orders placed before the changes will be proceeded according to the old rules.
- A client who does not agree with the implemented changes has the right to delete the account.
- Any cases that are not described in this statute will be resolved according to the Polish legal system. If both sides will agree, any doubts will be resolved by voluntary means or due to the mediatorial proceeding . If there will be no agreement, any disputes will be resolved in Courts.
- This Statute is not made to limit any rights of the Customers which are stated by law, according to the law from 23rd April 196. Civil Code (Dz. U. 2014, prov. 121) and the law from 30th April 2014 about the Customer Rights (DZ. U. 2014, prov. 827)
- This Statute is obligatory from the 30th July 2020 and implies to every contract acclaimed after this day.