TERMS AND CONDITIONS

§ 1

Definitions

1. Online Store – a store operating at https://niemencrystal.com/sklep/ that is run by Niemen Crystal Sp z o o, 25-663 Kielce, ul. Karola Olszewskiego 6, NIP: 959-197-78-59, REGON: 365506685. Subject of the online store’s business activity is the sale of crystal glass. Contact with the online store via phone: 505 548 824.
2. Registered office of NIEMEN CRYSTAL store: 25-663 Kielce, ul. Olszewskiego 6.
3. Terms and Conditions – rules and terms for the sale of goods by NIEMEN CRYSTAL in the online store. Terms and Conditions are applicable to the sale of goods via orders placed by the buyers in the online store using e-mail, and to the sale of goods via NIEMEN CRYSTAL on the allegro.pl website.

1. Account – free of charge electronic service provided by NIEMEN CRYSTAL for the Buyer for an indefinite period of time, consisting in keeping an account for the Buyer in the online store. The account is marked with an individual login and password by the Buyer and constitutes a set of resources in the teleinformatic system of NIEMEN CRYSTAL, in which the Buyer’s data are collected, including information about the placed orders. The Buyer can terminate the service contract for an account in the online store without giving any reason with 30 days’ notice by means of a written statement sent to NIEMEN CRYSTAL’s address indicated at the beginning of the Regulations or by electronic means to the e-mail address: info@niemencrystal.com .The Buyer may withdraw from the contract of maintaining the Account on the principles specified in § 4 of the Regulations.
2. The use of the online store by the Buyer is possible on condition that the Buyer’s IT system meets the following minimum technical requirements: a) Internet Explorer version 7.0 or later with ActiveX, JavaScript and cookies enabled or b) Mozilla Firefox version 3.0 or later with Java applets, JavaScript and cookies enabled, c) Minimum screen resolution of 1024×768 pixels.

§ 2
Placing an order

Sales in the online store are made to consumers, entrepreneurs, etc. having their seat and place of residence in the territory of Poland, as well as abroad.

1. The buyer places an order by indicating the goods he is interested in using the “add to cart” option.
2. A detailed description of the goods and their unit prices can be found on the online store page.
3. The price binding for the buyer and is the price shown on the website at the time of placing an order for the goods by the buyer. Prices of goods listed in the online store are valid only in the online offer of this store for the period of availability of the goods. Prices are inclusive of VAT (gross prices).
4. A necessary condition for the execution of the order is correct completion by the buyer of the order form located on the website of the online store.
5. In the order (in the basket), the buyer indicates: a) the ordered goods,b) the buyer’s name and surname or company name, the address to which the goods are to be delivered, the e-mail address to which the online store will send a confirmation of acceptance of the order for processing and the phone number, possible data for a VAT invoice,c) the method of delivery,d) the method and date of payment for the order.
6. The buyer has the possibility to place an order for goods with other individual characteristics (individual order) only after prior consultation with the staff of the online store at the e-mail address given in the online store.
7. When placing an order, the buyer is informed about the cost of delivery of goods. The cost of delivery of goods is given in the amount including VAT and depends on the value of the order and the selected method of payment and the weight of the goods. The cost of delivery of goods is borne by the buyer.
8. The buyer places an order using the “I place an order with the obligation to pay” button.
9. Delivery of goods is carried out in the territory of the Republic of Poland, as well as abroad to the address provided by the buyer when placing an order.
10. The Buyer is obliged to pay the price for the ordered goods, including delivery costs, within 14 days from the day of concluding the agreement, subject to the reservation that the payment is made on delivery. The Buyer has the option to use the following forms of payment:
    a) DotPay – quick transfer,
    b) bank transfer – the buyer pays to the bank account number indicated by the online store the amount which is the sum of the cost of delivery of the goods and the price of the goods,
    c) payment on delivery:
    cash on delivery – if the goods are sent by a carrier (courier), the buyer pays in cash the amount being the sum of the delivery costs of the given goods and the price of the goods when collecting the shipment,
11. The minimum duration of a consumer’s obligations under a sales contract is 7 days.

 § 3
Order processing

1. Acceptance of the order for execution is confirmed by NIEMEN CRYSTAL by e-mail up to 3 working days from the date of placing the order by the buyer to the buyer’s e-mail address given during placing the order.
2. In case when the delivery of the order is impossible due to the lack of availability of the goods, the online store informs the buyer about it immediately. The buyer can report the change of delivery date, change or cancel the order at his own discretion. 
3. Ordered goods are delivered to the buyer by a carrier (courier) to the address specified by the buyer when placing the order. The shipment is insured and marked accordingly.
4. Delivery of goods takes place only on working days (from Monday to Friday) in most cases within 24 hours of dispatch (exceptionally within 48 hours). Goods are shipped, depending on availability, within 24 hours from the date of confirmation of acceptance of the order for execution on business days, but no later than 5 working days. If the buyer chooses to make the payment by bank transfer, the delivery of the goods will begin on the next working day after crediting the amount due to NIEMEN CRYSTAL’s bank account.
5. In the event that the packaging of the parcel, seals and/or security tapes are damaged, NIEMEN CRYSTAL recommends in the presence of the courier to draw up a damage protocol and immediately contact NIEMEN CRYSTAL to clarify the matter.
6. The Buyer not being a consumer is obliged to:
   a) examine the goods in the presence of the courier whether there was no damage to the goods during transport and whether the goods do not contain shortages in quantity, for which circumstance a protocol should be drawn up in the presence of the courier, detailing the damage or shortages and the date and time, under pain of considering that the goods have been delivered without damage caused during transport or without shortages in quantity.
   b) to examine the goods within 3 days from the date of receipt as to the presence of apparent defects under pain of losing the right to make a subsequent claim,
   c) notify NIEMEN CRYSTAL of obvious or hidden defects within three days from the date of their discovery under penalty of losing the right to make a subsequent claim.
7. In the case of a buyer who is not a consumer, the liability of NIEMEN CRYSTAL for damage caused in connection with the execution of the order placed and the contract concluded is limited to the actual value of the damage excluding lost profits.

§ 4
Withdrawal from a contract by a buyer who is a consumer

Pursuant to the Consumer Rights Act of 30 May 2014, a buyer who is a consumer may, without giving any reason and without incurring any costs, except for the costs specified in Articles 33, 34(2) and 35 of the Consumer Rights Act[1], withdraw from a sales agreement within 14 days of taking possession of the item by the consumer or a third party other than the carrier indicated by the consumer, and in the case where the agreement covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part. The consumer can withdraw from the contract by making a statement of withdrawal.

The consumer can withdraw from the agreement: keeping an account in the online store and newsletter, within 14 days from the date of concluding each of the agreements.

Withdrawal statement can be submitted on the form, which specimen is in appendix no. 1 to these Regulations. In order to meet the deadline, it is enough to send the statement before its expiry.

Statement of withdrawal from the contract may be made by sending a statement in writing to the address: 25-663 Kielce, ul. Olszewskiego 6. as well as electronically to the e-mail address: info@niemencrystal.com

NIEMEN CRYSTAL must immediately send to the consumer on a durable medium confirmation of receipt of statement of withdrawal.

NIEMEN CRYSTAL will immediately, no later than within 14 days from the day of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the item. NIEMEN CRYSTAL will return the payment using the same means of payment used by the consumer, unless the consumer has agreed to another way of return that does not involve any costs for him.

If NIEMEN CRYSTAL has not offered to collect the item from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the item back or the consumer provides proof of its return, whichever event occurs first.

The consumer must return the item to NIEMEN CRYSTAL or hand it over to a person authorized by NIEMEN CRYSTAL to receive it immediately, but no later than 14 days from the day on which he/she withdraws from the contract, unless NIEMEN CRYSTAL offered to collect the item itself. To comply with the deadline is sufficient to return the item before its expiry.

The consumer shall only bear the direct costs of returning the item to NIEMEN CRYSTAL (the cost of returning the item to NIEMEN CRYSTAL as a result of withdrawal), unless NIEMEN CRYSTAL has agreed to bear them or has not informed the consumer of the need to bear these costs.

The consumer shall be liable for any diminution in the value of the thing resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functionality of the thing, unless NIEMEN CRYSTAL has not informed the consumer of the right to withdraw from the contract in accordance with the requirements of Article 12(1)(9) of the Act of 30 May 2014 on consumer rights.

The consumer shall not bear any costs incurred by NIEMEN CRYSTAL in the event that the consumer withdraws from the online store account service contract or newsletter service contract, where the performance of these services at the express request of the consumer is to begin, before the expiry of the withdrawal period. The consumer shall also not bear any costs if he withdraws from these contracts after the expiry of the withdrawal period for either of them.

The right of withdrawal from an off-premises or a distance contract shall not apply to the consumer in respect of contracts:

a) for the provision of services where the trader has performed the service in full with the express consent of the consumer who has been informed before the performance begins that after the trader has supplied the service he will lose his right of withdrawal
b) in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the trader and which may occur before the end of the withdrawal period;
c) in which the subject of performance is a thing not prefabricated, produced to consumer specifications or serving to meet his individual needs;
d) in which the subject matter of the performance is an item that deteriorates rapidly or has a short shelf life;
e) in which the subject matter of the performance is an item supplied in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
f) in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract and the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
(h) in which the consumer has explicitly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those which the consumer has requested or supplies items other than replacement parts necessarily used in carrying out repairs or maintenance, the consumer shall have a right of withdrawal in respect of those additional services or items
i) in which the subject matter of the performance is a sound or visual recording or computer software supplied in a sealed package, if the package has been opened after delivery;
j) a contract for delivery of newspapers, periodicals or magazines, except for a subscription contract;
k) concluded through a public auction;
l) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period for the provision of the service;
(m) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

§ 5
Warranty for defects

1. NIEMEN CRYSTAL is obliged to deliver goods without defects. NIEMEN CRYSTAL is liable for defects in the goods in accordance with the provisions of the Act of 23 April 1963. Civil Code (i.e. Journal of Laws 2017.459 as amended)
2. For sales that are not consumer sales, the warranty provisions of the Civil Code are excluded.
3. NIEMEN CRYSTAL does not guarantee the goods.
4. Complaints under warranty can be made in writing to the address NIEMEN CRYSTAL: 25-663 Kielce, ul. Olszewskiego 6.; in electronic form to the e-mail address: info@niemencrystal.com
5. The buyer who exercises the rights under warranty is obliged at his own expense NIEMEN CRYSTAL deliver the defective thing to the indicated address: 25-663 Kielce, ul. Olszewskiego 6.
6. NIEMEN CRYSTAL recognizes the warranty complaint within 14 days from the date of its receipt. If within 14 days NIEMEN CRYSTAL does not respond to the Buyer’s request, it means that NIEMEN CRYSTAL considers the request as justified

§ 6
Cancellation of an order

1. The online store can cancel the order of a buyer who is not a consumer if the buyer has chosen money transfer as a method of payment and the amount due for the order is not credited to the account of NIEMEN CRYSTAL up to 7 calendar days from the date of receiving by the buyer a confirmation of the order,
2. For non-consumer sales, the buyer may cancel the order in case of non-receipt of the ordered goods after 21 working days from the moment of confirming the acceptance of the order for execution, and in any other case when NIEMEN CRYSTAL agrees to it.
3. In the cases referred to above, if the amount due has already been paid, NIEMEN CRYSTAL shall refund it to the buyer at non-consumer sales, without interest, within 14 days from the date of cancellation of the order.

§ 7
Online store newsletter 

1. The buyer has the opportunity to subscribe to a newsletter of the online store, which is an electronic magazine published by the online store, which contains, among others, information about the offer of the online store, promotions and contests.
2. The newsletter is sent by email only to those who have opted in to receive it.
3. The newsletter is a free electronic service provided by NIEMEN CRYSTAL to the Buyer via e-mail through the online store.
4. The contract for the provision of the electronic newsletter service is concluded for an indefinite period of time.
5. The Buyer may unsubscribe from the Newsletter at any time by terminating it with immediate effect without providing any reason by submitting a statement in writing to NIEMEN CRYSTAL at the address indicated at the beginning of the Terms and Conditions or electronically to the email address:  info@niemencrystal.com
6. Buyer can withdraw from the online store newsletter contract, according to the rules specified in § 4 of the Terms and Conditions.

§ 8
Personal Data

1. NIEMEN CRYSTAL, 25-663 Kielce, ul. Olszewskiego 6, is the administrator of the database of personal data provided by customers of the online store in connection with orders.
2. The rules concerning protection of personal data are contained in the Privacy Policy constituting Attachment No. 2 to these Regulations.

§ 9
Final Provisions

1. NIEMEN CRYSTAL is not bound by the general terms and conditions or contractual provisions of the buyer who is not a consumer, if NIEMEN CRYSTAL has not expressly agreed to them.
2. Product descriptions and images, trademarks and “logos” are the property of NIEMEN CRYSTAL and may not be used without permission of NIEMEN CRYSTAL in accordance with applicable laws.
3. Court of competent jurisdiction for matters arising from the order and sales contract and the service of maintaining an account and Newsletter, in the case of buyers who are not consumers is a common court of competent jurisdiction for the registered office of NIEMEN CRYSTAL.
4. The court of competent jurisdiction for matters arising from the placing of an order and the sales contract, as well as the service of maintaining an account and Newsletter, is in the case of consumers the competent common court.
5. A consumer has the option of pursuing claims through mediation. Mediation is conducted pursuant to a mediation agreement or a court order directing the parties to mediate. An agreement may also be concluded by the party agreeing to mediation when the other party has submitted a request referred to in Article 1836 § 1 of the Code of Civil Procedure Act of 17 November 1964 (i.e. Journal of Laws 2018.155. as amended). In the mediation agreement, the parties shall determine, in particular, the subject matter of mediation, the person of the mediator or the manner of selecting the mediator. Mediation shall be conducted prior to the commencement of proceedings and, with the consent of the parties, also during the course of the case. The rules concerning mediation are set forth in the provisions of Articles 1831 to 18315 of the Act of 17 November 1964, the Civil Procedure Code.
6. The consumer has the opportunity to use out-of-court complaint and claim procedure:
   a) the consumer may obtain free legal assistance from a municipal (district) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers),
   b) The consumer is entitled to apply to the Provincial Inspector of Trade Inspection for the initiation of mediation proceedings for an amicable settlement of the dispute between the consumer and the trader,
   c) the consumer is entitled to apply to the Permanent Consumer Arbitration Court operating at the Trade Inspection with a request to resolve any dispute arising from the concluded sales contract,
   d) information on how to access the above-mentioned procedure and dispute resolution procedures, can be found at the following address: www.uokik.gov.pl in the tab „Settlement of consumer disputes”.
   7. At http://ec.europa.eu/consumers/odr, consumers have access to resolve consumer disputes electronically through the EU online dispute resolution platform (ODR platform). The ODR platform is a multilingual, interactive website with a one-stop shop for consumers and traders seeking to resolve out-of-court disputes arising from the conclusion of an online sales or service contract.
   8. The law applicable to agreements concluded in the Internet Shop and to the Regulations is Polish law.25-663 Kielce, ul. Olszewskiego 6.25-663 Kielce, ul. Olszewskiego 6.25-663 Kielce, ul. Olszewskiego 6.