TERMS & CONDITIONS
FOR THE ONLINE SHOP
I. The Seller’s identity
NAGABA Spółka Jawna
ul. Kilińskiego 1
47-303 Krapkowice, Poland
KRS : 0000068126
1. The terms used in these Terms and Conditions shall have the following meaning:
a) Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
b) Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 .
c) Business Days – these shall be the days from Monday to Friday, excluding public holidays;
d) Civil Code – the Act of 23 April 1964;
e) Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places an order in the Online Shop or uses other Services available in the Online Shop;
f) Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
g) Goods – the product presented in the Online Shop, with its description available with each of the presented products;
h) Newsletter service - the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
i) Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
j) Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
k) Seller - the company NAGABA Spółka Jawna ,ul. Kilińskiego 1, 47-303 Krapkowice, NIP: 7561002678, REGON: 531015045, KRS : 0000068126, email@example.com
l) Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002;
m) Terms and Conditions – this document;
III. General provisions
1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://nagaba.eu/. The Shop is operated by the Seller.
2. These Terms and Conditions are always available at the website https://nagaba.eu/ which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
3. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop. Reading and accepting terms and condition for the online shop is considered as providing an information by Contractor to the Customer, which is mentioned in article 12 of Consumer Protection Act form 30th of May 2014, information required is included below.
5. The Customer is obliged to:
a) provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data;
b) use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customers;
c) use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
IV. Electronic services in the online shop
1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
2. The Seller provides the following Electronic Services:
c) Enabling Customers to place orders and conclude Sale Agreements under the terms specified in these Regulations;
d) Enabling Customers to give opinions (Appendix No 2) ;
3. Using the Account is possible after completing jointly and severally the following steps by the Customer:
- Completing the registration form and accepting the provisions of these Regulations,
- Clicking on the "Register" box.
4. Following the registration of the Customer Account, a Customer can log in to the Online Shop, indicating the email address and password provided at the registration.
5. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
6. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns,
7. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
8. The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.
9. The Agreement for the provision of service which involves enabling Customers to give opinions in the Online Shop shall be concluded for a definite period and shall be terminated when the Opinion is given or when the Customer earlier terminates giving opinions.
10. The Seller may at any time terminate the Service Agreement with the Customer giving a 14 days’ notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.
11. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
12. Either party withdrawing from the Service Agreement or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
V. Orders / Sales Agreement
1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are free of physical and legal defects.
3. Prices of products presented on the website of the Online Shop are provided in PLN, and include VAT(Value added Taxes ) and other taxes
4. The Seller enables submitting Orders for Products in the Online Shop or by e-mail or by telephone;
5. The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website www.nagaba.eu.
6. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
7. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary, yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
8. The order form should include the Customer’s name, surname and postal address, phone number and email address, the data and address of the recipient, if the ordered products should be delivered to an address other than the Customer’s address.
9. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Client does not have an Account, it is required to accept the Terms and Conditions.
10. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
11. The total value of the Order includes the price and shipping costs.
12. The sales Agreement shall be concluded in English.
13. In case of impossibility to perform the Sales Agreement and in other situations defined by law, the relevant provisions of the Civil Code, in particular concerning the obligation to immediately return the benefit to the consumer may apply.
VI. Delivery of the goods
1. Delivery of the Goods is performed to the address indicated by the Customer when placing the Order (In Europe - details in our section Delivery https://nagaba.eu/).
2. Delivery of the Goods is carried out by parcel delivery company (GLS).
3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
4. The deadline for delivery and processing of the Order shall be calculated per Business Days.
5. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
VII. Prices and methods of payment
1. The prices are provided in EUR and include all elements, in particular VAT(Value added Taxes ) and other charges, without delivry charges.
2. The Customer may choose the following payment methods:
a) Credit or debit card (Visa, Mastercard)
in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed.
b) Electronic payment (PayPal , Przelewy24, Klarna, Google Pay)
in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
c) Bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
3. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
4. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
5. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.
VIII. The right to withdraw from the Agreement
1. The Consumer who concludes a distance agreement can withdraw form sales agreement without giving reasons for a cooling-off period of 14 days.
2. The Consumer who concludes a distance agreement can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days.
3. The lapse of the period for withdrawing from the agreement starts at:
1) For a sale agreement – from the Consumer, or a third party appointed by the Consumer other than the courier, taking possession of the product and, for an agreement including many products delivered separately, in batches or in parts – from acquiring the ownership of the last product, batch or part;
2) For other agreements – from the date of concluding the agreement.
4. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
5. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The Goods should be returned immediately, not later than within 14 days.
7. The purchased Goods should be returned to the address of the Seller.
8. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
9. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
10. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
11. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
12. From 1 January 2021 the provisions concerning the consumer shall apply to sole traders
who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG).
IX. Exclusion of the right of withdrawal
1. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
a) for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
b) for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
c) for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
d) for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
e) for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
f) for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
g) for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
h) for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
i) for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
j) for an agreement concluded in a public auction;
k) for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
l) for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.
1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. The Seller undertakes to deliver Goods free from defects.
3. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
4. Complaints should be sent to the following address
NAGABA Spółka Jawna
ul. Kilińskiego 1
5. It is usually advisable to provide the Product to the Seller with a complaint in order to enable the Seller to look into the Product.
6. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
7. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
8. If the customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the complaint was justified.
9. The Customer may complain to the Seller about functioning of the Shop and using the Services to the electronic mail address firstname.lastname@example.org.
XI. Out-of-court complaint handling and redress procedures
1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection, in particular also at the following Internet address of the Office of Competition and Consumer Protection:
3. For example The Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
4. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
5. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
XII. Provisions concerning Entrepreneurs (B2B)
1. From 1 January 2021 this section does not apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights (i.a. the right to withdraw from agreement, warranty for defects) it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG).
2. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is Entrepreneur shall be excluded.
3. The Seller is entitled to withdraw from the Sales Agreement concluded with a Entrepreneur within 14 days of its conclusion. Withdrawal from the Sale Agreement in this case may occur without giving the cause and does not constitute grounds for any claims against Seller.
4. The Seller is entitled to limit the available payment methods, including the requirement to prepay in whole or in part, irrespective of the method of payment chosen by the Client and the conclusion of the Sale Agreement.
5. Upon the Product delivery by the Seller to the carrier the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Entrepreneur. In such case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for the transportation until delivering it to the Customer and for delay in the transportation of the parcel.
6. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
XIII. Force majeure
1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
XIV. Protection of personal information
2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
XV. Final Provisions
1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.
4. In matters not regulated in these Terms and Conditions, the provisions of general Polish laws shall apply.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
Appendix No 1 - Form of withdrawal from agreement
(this form should be filled in and returned only if you wish to withdraw from the contract)
- I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of consumer (s)
- Consumer (s) address
- Signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as applicable.
Appendix No 2
OPINIONS IN THE ONLINE SHOP
1. The Customer of the Online Shop has the possibility to give a voluntary and free opinion regarding actually purchases made in the Online Shop. The subject of the opinion may also be the evaluation, photo or review of the purchased product in the Online Shop.
2. The Customers are only allowed to give opinions. The opinion given by Customer may be deleted at any time.
3. The Customers are not allowed to enter into agreement only for the purpose of giving opinions.
4. The Seller and his employees are not allowed to give opinions.
5. The Customer's opinions are published by the Seller in the Online Shop and are available to all visitors to the Online Shop.
6. It should be noted that giving opinions by customers may not be used for unlawful activities, in particular for activities that constitute unfair competition against the Seller, or actions that infringe personal property, intellectual property rights or other rights of the Seller or third parties.The Seller is not responsible for such actions.