TERMS AND CONDITIONS OF THE NOGANO DESIGN ONLINE SHOP
1. general provisions
1.1 Online shop available at: [www.noganodesign.com] (hereinafter: "Shop" or "Online Shop") is operated by:
Nogano Design Marlena Kozak
registered office: Trzciano 29, 87-213 Ryńsk
kujawsko-pomorskie voivodship, poviat wąbrzeski, Ryńsk municipality
NIP: 8781811794
REGON: 543322499
e-mail address: kontakt@noganodesign.com
(hereinafter: "Seller").
1.2 The Regulations set out the rules for the use of the Shop, in particular:
conditions for placing orders and concluding distance sales contracts,
delivery and payment terms,
consumer withdrawal rules,
rules for lodging complaints,
the principles of personal data processing to the extent not regulated in the Privacy Policy.
1.3 The online shop is aimed in particular at:
consumers within the meaning of Article 22¹ of the Civil Code,
natural persons carrying out economic activities entering into a contract directly related to their business, where it is apparent from the content of that contract that it is not of a professional nature for them (the so-called "privileged trader"),
and also - if the Seller allows it - to other businesses (B2B).
1.4 A condition of using the Store is reading and accepting these Terms and Conditions. Placing an order is tantamount to accepting the Terms and Conditions.
1.5 The Seller reserves the right to amend the Terms and Conditions for important reasons, in particular:
changes in legislation,
changes to the method of payment or delivery,
changes to the functionality of the Shop.
Contracts concluded before the Rules were amended shall be subject to the Rules in force at the time the order was placed.
2. Product information
2.1 The shop conducts retail sales via the Internet. The offer includes in particular furniture and furnishings (hereinafter: "Products").
2.2 Descriptions of the Products, their photos and visualisations are for reference only. The Seller makes every effort to ensure that the presented photos reflect the real appearance of the Products as closely as possible, however, differences resulting from screen settings, lighting or individual colour perception do not constitute non-conformity of the goods with the agreement.
2.3 All prices of the Products presented in the Shop:
are given in Polish zloty (PLN) and, if a currency switch is used, may be additionally displayed in other currencies (e.g. EUR, GBP),
including VAT (gross prices),
do not include delivery costs, which are indicated separately before the order is placed.
2.4 The Seller reserves the right to change prices of Products, introduce new Products to the offer, withdraw Products from the offer as well as carry out and cancel promotional actions. These changes do not affect orders placed before the effective date of the changes.
2.5 Information on Product availability is indicative. In the case of a shortage of a given Product or the material necessary for its manufacture, the Seller will immediately inform the Customer of this and offer:
change order,
Extension of the implementation deadline,
orwithdrawal from the contract with full reimbursement of payments.
3. Placing of orders and conclusion of contracts
3.1 Orders can be placed via the Shop website, 24 hours a day, 7 days a week.
3.2 In order to place an order, the Customer:
selects the Product(s) and their parameters (e.g. colour variant, dimensions, finish),
adds the product to the shopping basket,
proceeds to the shopping basket and fills in the order form, providing the data necessary to complete the order (contact details, delivery address, invoice details),
chooses the method of delivery and method of payment,
you have read and accept the Terms and Conditions and Privacy Policy,
confirms the order by clicking on the button which completes the purchase (e.g. "Order and pay").
3.3 Placing an order constitutes an offer to conclude a sales contract submitted to the Seller by the Customer.
3.4 Once the order has been placed, the Customer will receive an automatic confirmation of the order to the e-mail address provided. The moment the Customer receives the order confirmation, the following happens conclusion of the sales contract.
3.5 The seller reserves the right to refuse to process an order in the following cases:
the Customer provides incorrect or incomplete data, which makes it impossible to process the order,
unauthorised payment,
suspected bad faith or attempted abuse of the Store's system.
The customer will be informed immediately of the refusal of the order and any monies paid will be refunded.
4 Customer Account
4.1 The Customer has the possibility, but not the obligation, to create an account in the Shop.
4.2 Account registration requires:
providing an e-mail address,
password settings,
acceptance of the Terms and Conditions and Privacy Policy.
4.3 The Customer is obliged to keep the login and password confidential and not to make them available to third parties.
4.4 The account allows, among other things, to view the order history, to place further orders faster and to edit data.
5 Payments
5.1 The Customer has a choice of the following forms of payment (depending on the current settings of the Shop):
Online payment via a payment provider
(e.g. Przelewy24, PayU, Tpay, WooPayments, Stripe, PayPal - depending on the integrations enabled by the merchant),
including, in particular:BLIK,
rapid online transfer,
payment and credit cards,
Apple Pay, Google Pay - if available.
Traditional bank transfer to the Seller's bank account - The transfer details are visible when placing the order or will be sent to the Customer in the order confirmation message (if this form is available).
Other forms of payment - if they are introduced and described on the Shop's website.
5.2 In the case of opting for online payment via a payment operator, the processing of the order shall commence once the Seller has received confirmation of correct payment.
5.3 In the case of choosing payment by traditional transfer, the processing of the order begins after the funds are credited to the Seller's bank account.
5.4 If payment is not made by the due date [e.g. 3 working days]. from the day the order was placed, the Seller may cancel the order after informing the Customer (e.g. by e-mail).
6 Delivery
6.1 The delivery of the Products is carried out in the territory:
Republic of Poland,
selected European countries (in particular: UK, Germany, Italy) - according to current information on the Shop website.
A detailed list of delivery countries and current shipping costs can be found under "Delivery" or on the product page.
6.2 Delivery is made via courier companies or other carriers designated by the Seller.
6.3 The total cost of delivery is indicated to the Customer before the order is placed and in the order confirmation sent by e-mail.
6.4 An approximate lead time (preparation time + expected delivery time) may be indicated next to each Product. In the case of custom-made Products (e.g. made-to-measure furniture), this time may be longer.
6.5 The period for the execution of the order starts:
in the case of online payment, from the time the payment is credited,
in the case of a traditional transfer - from the moment of crediting the Seller's account.
6.6 The Customer is obliged to check the condition of the parcel upon receipt. In case of any damage to the packaging or other objections, it is recommended to draw up a damage protocol with the courier and contact the Seller immediately. Failure to draw up the protocol does not exclude the possibility of filing a claim, however, it may make it more difficult to pursue claims against the carrier.
7. right of withdrawal (applicable to consumers and favoured traders)
7.1 A customer who is a consumer or a privileged trader who has concluded a distance contract shall in principle have the right to withdraw from the contract within 14 days without stating a reason.
7.2 The withdrawal period is 14 days from the date:
receipt of the Product by the Customer or a person authorised by the Customer,
in the case of multiple Products delivered separately, from the date of receipt of the last of the Products.
7.3 In order to exercise the right of withdrawal, the Customer shall inform the Seller of his decision by an unequivocal statement by sending it:
By e-mail to: kontakt@noganodesign.com,
orby post to the Seller's registered address.
7.4 The customer may use model withdrawal form annexed to these Rules, but this is not obligatory.
7.5 In the event of withdrawal from the contract, the Seller shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of additional costs resulting from the Customer's choice of other than the cheapest ordinary means of delivery offered by the Seller), immediately, but no later than within 14 days from the day on which the Seller was informed of the Customer's decision to withdraw from the contract.
7.6 Payment will be refunded using the same payment methods used by the Customer in the original transaction, unless the Customer expressly agrees otherwise.
7.7 The Seller may withhold reimbursement until it has received the Product or until the Customer provides proof of return, whichever is sooner.
7.8 The Customer is obliged to send back the Product to the Seller's address immediately, no later than within 14 days from the day on which he/she informed about the withdrawal from the contract. The deadline is met if the Customer sends back the Product before the expiry of the 14 days.
7.9 The Customer shall bear the direct costs of returning the Product (return cost).
7.10. The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Exclusion of right of withdrawal
7.11. The right of withdrawal does NOT apply in particular to the contract:
for the provision of services, if the Seller has performed the service in full with the express consent of the Customer, who has been informed before the performance of the service that he will lose his right of withdrawal once the service has been provided,
where the object of the performance is a Product non-refabricated, manufactured to the Customer's specifications or to meet the Customer's individual needs (e.g. made-to-measure furniture, in non-standard configurations, colours, finishes),
in which the object of the performance is an item which is, by its nature, inseparable from other items after delivery.
8 Claims (warranty for non-conformity of goods)
8.1 The Seller shall be obliged to supply the Customer with Products in accordance with the agreement.
8.2 If the Customer finds that the goods are not in conformity with the contract (e.g. defects, damage, incorrect dimensions, different finish than ordered), he may lodge a complaint.
8.3 A complaint can be made:
by e-mail to: kontakt@noganodesign.com,
orby post to the Seller's registered address.
8.4 It is advisable to state in your claim:
Customer data (name, address, e-mail address),
order number,
description of the defect/non-conformity,
the customer's requests (repair, replacement, price reduction, withdrawal),
photo documentation, if possible.
8.5 The Seller will consider the complaint within a reasonable time, no longer than 14 days from the day of its receipt. The Seller will inform the Customer by e-mail of the manner in which the complaint is handled.
8.6 If the complaint is found to be valid, the Seller:
repair the Product or replace it with a defect-free one,
or, if this is impossible or involves excessive expense, thewill either reduce the price or, in the case of a material defect, accept the withdrawal from the contract and refund the Customer the full payment.
8.7 To the extent not regulated in these Terms and Conditions, the Seller's liability for non-conformity of the goods with the contract and the Customer's rights shall be governed by the applicable laws, in particular the Civil Code and the Act on Consumer Rights.
9 Personal data
9.1 The administrator of the customer's personal data is Nogano Design Marlena Kozak, Trzciano 29, 87-213 Ryńsk, NIP: 8781811794.
9.2 Customers' personal data is processed in particular:
in order to fulfil the order,
customer account management,
complaint handling,
handling enquiries via contact forms,
on the basis of the Vendor's legitimate interest, such as the assertion or defence of claims, conducting sales analyses, marketing activities (within the limits of the law).
9.3 Detailed rules for the processing of personal data, including the Customer's rights (access to data, rectification, erasure, restriction of processing, objection, data portability), are described in the Privacy Policyavailable on the shop's website.
10 Copyright
10.1 All content posted on the Shop, including photos of the Products, descriptions, graphics, logos, page layout and other visual elements, are the property of the Seller or cooperating entities and are protected by copyright laws and intellectual property rights.
10.2 It is forbidden to copy, distribute, use or modify the content of the Shop without the prior written consent of the Seller, with the exception of permitted personal use resulting from legal regulations.
11 Provisions for foreign customers
11.1 The Seller allows orders to be placed from selected countries outside Poland. Detailed information about available delivery countries and currencies is published on the Shop website.
11.2 Orders shall be concluded in the language of the Polish or - if the Shop provides a language version - in another language indicated on the website (e.g. English).
11.3 In the event of a discrepancy between the language versions of the Terms and Conditions, the Polish language version shall be binding.
12. Dispute resolution
12.1 Any disputes arising between the Customer and the Seller will first be resolved amicably - by contacting the Seller by e-mail and attempting to reach an agreement.
12.2 The customer who is a consumer shall also have the possibility to use out-of-court dispute resolution, among others:
with the assistance of municipal or district consumer ombudsmen,
from the ODR (Online Dispute Resolution) platform run by the European Commission, available at: http://ec.europa.eu/consumers/odr.
12.3 In matters not regulated by the Regulations, the provisions of Polish law shall apply, in particular:
Civil Code,
Act of 30 May 2014 on consumer rights,
Act on the provision of electronic services.
12.4 For disputes with a Customer who is not a consumer or a privileged trader, the competent court shall have jurisdiction over the Seller's registered office.
13 Final provisions
13.1 These Terms and Conditions shall come into force on the day they are published on the Shop's website.
13.2 The Seller may amend the Terms and Conditions for important reasons as indicated in clause 1.5.
13.3 Amendments to the Terms and Conditions shall not apply to orders placed prior to their entry into force.
ANNEX - Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Addressee:
Nogano Design Marlena Kozak
Trzciano 29
87-213 Rynsk
e-mail: kontakt@noganodesign.com
Me/My() hereby inform/inform() of my/our withdrawal from the contract of sale of the following items(*):
………………………………………………………………
Date of conclusion of the agreement()/receipt():
………………………………………………………………
Name of consumer(s):
………………………………………………………………
Address of consumer(s):
………………………………………………………………
Signature of consumer(s) (only if the form is sent on paper):
………………………………………………………………
Date:
………………………………………………………………
(*) delete as appropriate.