Terms of use

General provisions

  1. Online store, critical at: https://nitya.pl/, runis by Nitya Patrycja Pruchnik,
    based at: ul. Kajetana Garbińskiego 16b, 01-122 Warsaw,
    under NIP number: 1181611327, REGON: 381368466. E-mail address: info@nitya.pl
  2. This Terms of Use of the online store define the rules for making purchases in the online store, especially the rules and procedures for concluding distance sales contracts through the Store, as well as the complaint procedure and the Consumer's right to withdraw from the contract.
  3. Regarding the electronic services provided, this Terms of Use is the regulation referred to in Article 9 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).
  4. The regulations are addressed to all customers of the Store. All customers are required to familiarize themselves with the provisions of the regulations before making a purchase.
  5. Each customer is obliged to comply with the provisions of the regulations. The sale is based on the version of the regulations in force at the time of placing the order.
  6. Each customer has the opportunity to familiarize themselves with the regulations at any time by clicking on the "Terms of use" hyperlink on the website of the Store https://nitya.pl/. The regulations can be downloaded and printed at any time.
  7. All the information contained on the website of the Store https://nitya.pl relating to products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended), but an invitation to enter into an agreement, in accordance with Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to purchase the specified Goods at the price and under the conditions specified in the description.
    Definitions
    Terms of Use - this set of regulations organizes the rules for using the Store's Services by Customers.
    Consumer (contracts concluded before January 1, 2021) - a natural person who enters into a civil law contract through the Store, not directly related to their economic or professional activity.
    Consumer
  • A natural person who enters into a civil law contract through the Store, not directly related to their economic or professional activity - the so-called "Consumer sensu stricto", and
  • osoba fizyczna zawierająca umowę cywilnoprawną za pośrednictwem Sklepu, bezpośrednio związaną
    z jej działalnością gospodarczą, gdy z treści tej umowy wynika, że nie posiada ona dla tej osoby
    charakteru zawodowego, wynikającego w szczególności z przedmiotu wykonywanej przez nią
    działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji
    o Działalności Gospodarczej – tzw. „Przedsiębiorca na prawach Konsumenta”.
    Dla celów niniejszego Regulaminu przyjmuje się, że w razie braku rozróżnienia wskazanych dwóch grup
    podmiotów, Regulamin odnosi się zarówno do Konsumentów sensu stricto, jak też Przedsiębiorców na
    prawach Konsumenta.
    Klient – osoba fizyczna (w tym Konsument), która ukończyła co najmniej 13 lat (pod warunkiem, że
    uzyskała zgodę przedstawiciela ustawowego), osoba prawna oraz jednostka organizacyjna niebędąca
    osobą prawną, której przepisy szczególne przyznają zdolność prawną, która korzysta z Usług
    świadczonych przez Sklep.
    Formularz Zamówienia – Usługa dostępna na stronie internetowej Sklepu, za pomocą której Klient
    może dokonać zakupu, w szczególności poprzez dodanie Towarów do Koszyka oraz określenie
    niektórych warunków Umowy Sprzedaży m.in. sposobu dostawy i płatności.
    Koszyk – element Sklepu, w którym widoczne są wybrane przez Klienta Towary oraz w którym Klient
    ma możliwość ustalenia i modyfikacji danych Zamówienia, w tym ilości nabywanych Produktów.
    Sklep – serwis internetowy, należący do Sprzedawcy, dostępny pod domeną:
    https://nitia.pl/sklep/, za pośrednictwem którego Klient może zakupić od Sprzedawcy
    Towary.
    Sprzedawca – Nitya Patrycja Pruchnik, z siedzibą przy: Kajetana Garbińskiego 16b, 01-122 Warszawa
    który prowadząc działalność zarobkową lub zawodową proponuje sprzedaż za pomocą swojej strony
    internetowej.
    Towar – rzecz ruchoma, będąca przedmiotem obrotu pomiędzy Sklepem i Klientem, którego warunki
    sprzedaży określa Formularz Zamówienia.
    Umowa sprzedaży – umowa sprzedaży Towarów na odległość zawarta przez Klienta za pośrednictwem
    Sklepu, zwykle przez Formularz Zamówień.
    PRZYJMOWANIE I REALIZACJA ZAMÓWIEŃ
  1. The condition for using the Store is to familiarize oneself with this Terms of Use and accept its provisions. By placing an order, the Customer accepts the content of the Terms of Use.
  2. Orders from customers are accepted through the submitted Order Form,
    made via the website: https://nitya.pl/, or via email at info@nitya.pl, 7 days
    a week, 24 hours a day."
  3. The ordering of Goods is done by selecting the desired Goods, clicking the "ADD TO CART" button located next to the description of the Goods, and then, from the "CART" section on the Store's website, filling out the Order Form, including choosing the delivery and payment method, or choosing the cash-on-delivery option, if available for the selected Goods, and then confirming the purchase.
  4. Entrepreneurs recognized as "Entrepreneurs with Consumer Rights" (see the definition of "Consumer" in this Terms of Use) who enter into contracts after January 1, 2021, will need to indicate at the time of placing their order for Goods that the purchase is not of a professional nature for them.
  5. After placing an order, the Customer receives a confirmation of the submitted order to their email address provided in the Order Form.
  6. Upon receiving the confirmation of the accepted offer, the process of order fulfillment by the Seller begins, wherein:
  • In the case of placing a cash-on-delivery order, the process starts no later than the next working day after its confirmation by the Seller.
  • In the case of placing a paid order via traditional bank transfer, the processing begins after the payment for
    the placed order is credited to the store's bank account.
  1. Orders placed in the Store are processed during the Store's working hours (on working days, from Monday to Friday).
  2. The Customer will receive a message confirming the acceptance of the order for processing, which is understood as the Seller's declaration of accepting the offer. At the moment of receiving this message by the Customer, the Sales Agreement is concluded.
  3. An invoice receipt is issued for each order. Upon the Customer's request, a VAT invoice will also be sent.
  4. The available means of communication for the Customer with the Store is email: info@nitya.pl.
    info@nitya.pl
  5. The price provided in the order is the total amount the Customer is obligated to pay (gross price). It includes the applicable tax. The delivery cost is not included in the price as it depends on the chosen method of purchase delivery.
  6. The Seller reserves the right to change prices in the Store, introduce new Goods for sale, conduct and cancel promotional actions, or make changes to them in accordance with the applicable law.
  7. If the Consumer is required to make a payment exceeding the agreed price described in the preceding paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. The Consumer will be charged additional costs only after obtaining explicit consent from the Consumer.
    Delivery
  8. The shipping of orders in the Store is carried out in Polish zlotys (PLN) through the following methods:
  • Polish Post - delivery to a pickup point: 15 PLN
  • Polish Post - courier delivery: 15 PLN
  • InPost Paczkomat: 13 PLN
  1. It is possible to pick up parcels in person, after prior contact, at the address: ul. Kajetana Garbińskiego 16b, 01-122 Warsaw, contact: info@nitya.pl
  2. There is a possibility of international shipments and payments in a currency other than Polish złoty.
    In case of interest in international shipment, please contact us via email at: info@nitya.pl
  3. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays, and holidays will be processed on the nearest working day.
  4. The usual waiting time for a shipment is from 5 working days to 14 working days. The waiting time includes the time needed to process the order, which involves preparing the Goods for shipment, and the estimated delivery time, which is typically 24 hours within Poland.
  5. The Seller is not responsible for any delays caused by the carrier's fault.
    Payment processing
  6. Within the operation of the Online Store, the following payment methods are possible: cash on delivery - payment upon receiving the shipment; bank transfer:
  • Electronic payment (Przelewy24) - the most convenient and secure method of payment for the order. On our website, we use the Przelewy24 payment system, to which you will be redirected to complete the payment.
  • Bank transfer - payments should be made to the provided bank account number, which you will receive in the order confirmation email. The transfer can be executed online, at the post office, or at the bank. Once the payment is credited to our account, we will process the order.
  1. Customers who choose the bank transfer payment option are obliged to make the payment for the placed order within five (5) working days from the order date. Otherwise, the Seller's offer is not binding, and the order will be removed from the system. In the payment title, it is sufficient to provide only the number of the placed order. There is a possibility of extending the payment deadline, provided the Store's support team is informed about this in advance.
    Complaints
  2. The Seller is liable for warranty claims regarding physical and legal defects of the Goods, within the scope specified in Article 556 and subsequent of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended).
  3. A physical defect of the Goods occurs when:
  • The Goods do not have the properties that they should have due to the contract, based on circumstances or purpose;
  • The Goods do not have the properties that the Seller assured the Customer of;
  • The Goods are not suitable for the purpose of which the Customer informed the Seller when concluding the contract, and the Seller did not raise any objections regarding such purpose;
  • The Goods were handed over to the Customer in an incomplete state.
  1. A legal defect of the Goods occurs when the Goods are owned by a third party or encumbered by the rights of a third party, where the limitations on use or disposal result from a decision or ruling of the competent authority.
  2. In the case of a Consumer, public assurances made by the manufacturer or the entity introducing the Goods into circulation within their economic activity or presenting themselves as the manufacturer are treated equally with the Seller's assurances. However, the Seller is not liable if they were not aware of these assurances, could not have known them, or if the assurances could not have influenced the Consumer's decision to conclude the sales contract, or if the content of these assurances was corrected before the conclusion of the sales contract.
  3. The Seller is liable for warranty claims if a physical defect is discovered within two years from the date of handing over the Goods to the Customer.
  4. In the case of a Consumer, if a physical defect is discovered within one year from the date of handing over the Goods, it is presumed that the defect or its cause existed at the time of handing over the Goods.
  5. If the Buyer is a Consumer and a physical defect is discovered within one year from the date of handing over the sold item, it is presumed that the defect or its cause existed at the time when the risk passed to the buyer.
  6. If the Goods have a defect, the Customer may submit a statement about a price reduction or withdrawal from the contract, unless the Seller immediately exchanges the defective Goods for non-defective ones or removes the defect. This limitation does not apply if the Goods have already been exchanged or repaired by the Seller, or if the Seller failed to fulfill the obligation to exchange the Goods for non-defective ones or remove the defect.
  7. If the Goods have a defect, the Customer may also demand the exchange of the item for one free from defects or the removal of the defect.
  8. Instead of the method of defect removal proposed by the Seller, the Consumer may demand the exchange of the Goods for one free from defects or the removal of the defect, unless making the item compliant with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
  9. The Customer cannot withdraw from the contract if the defect is insignificant.
  10. Complaints concerning the Goods can be reported:
  • writtent, send to the address Nitya Team ul. Kajetana Garbińskiego 16b, 01-122 Warsaw.
  • By email to the email address specified in the order confirmation.
  1. The complaint should contain:
  • The data of the person making the complaint (name, address, optionally - email address, and contact phone number);
  • Indication of the reason for the complaint and the nature of the request;
  • The number of the Order, as shown in the order confirmation;
  • The original or a copy of the proof of purchase (e.g., receipt or invoice) may facilitate the complaint process, but it is not necessary to file a complaint.
  • The customer exercising the rights arising from the warranty shall deliver the defective goods at the seller's expense to the following address:
    ul. Kajetana Garbińskiego 16b, 01-122 Warsaw
  1. The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
  2. If the complaint is justified, the Seller undertakes to exchange the faulty Goods for non-defective ones or remove the defect within fourteen (14) days from the date of the Customer's complaint.
  3. In the case of a successful withdrawal from the contract, the Seller undertakes to make the refund within fourteen (14) days from the date of receiving the withdrawal from the contract, with the reservation that the refund will not be made until the Goods are returned or the Customer provides evidence of their return.
  4. If the Consumer has demanded the removal of the defect or the exchange of the item for one free from defects, or has submitted a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen (14) days, it is presumed that the request has been considered justified.
  5. The claim for removing a defect or exchanging the Goods for one free from defects expires after one (1) year from the date of finding the defect. In the case of a Consumer, the running of the limitation period cannot end before two (2) years expire.
    Returns
  6. In accordance with the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), you have the right to withdraw from the contract of sale of Goods or Services purchased in the Store without giving any reason.
  7. To exercise the right of withdrawal, you must inform the Seller by submitting a relevant written statement (it may be sent electronically) within 14 days from the day you acquired the Goods or from the day a third party other than the carrier and indicated by you acquired the Goods. To meet this deadline, it is sufficient to send the statement before its expiration. The form of the statement is attached as Annex No. 1 at the bottom of the Terms of Use.
  8. The statement of withdrawal from the contract should be sent to the address: Nitya Team, ul. Kajetana Garbińskiego 16b, 01-122 Warsaw, or electronically to info@nitya.pl
  9. To initiate a return, please send the item to the following address: Nitya Team, ul. Kajetana Garbińskiego 16b, 01-122 Warszawa.
  10. The refund will be made using the same payment method that the Consumer used in the initial transaction, unless they expressly agree to a different solution. We may withhold the refund until we receive the Goods back or until we receive proof of their return, whichever occurs earlier.
  11. The refund will be made using the same payment method that the Consumer used in the initial transaction, unless they expressly agree to a different solution. We may withhold the refund until we receive the Goods back or until we receive proof of their return, whichever occurs earlier.
  12. The Consumer bears the direct cost of returning the Goods to the Seller.
  13. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to a contract:
  • for the supply of goods made to the Consumer's specifications or clearly personalized;
  • for the supply of goods which are liable to deteriorate or expire rapidly;
  • for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  • for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
  • for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer's prior express consent and acknowledgment that they lose the right of withdrawal.
  1. If the complaint procedure does not yield the desired results for the Consumer, they may use, among others:Out-of-court dispute resolution
  2. If the complaint procedure does not yield the desired results for the Consumer, they may use, among others:
  • Mediation conducted by the relevant territorial Voivodeship Inspectorate of Trade Inspection, to which they should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • Assistance of the relevant territorial permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which they should submit an application for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • Free assistance of municipal or district consumer ombudsman.
  • The Internet platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.
  1. This chapter entitled "Out-of-court dispute resolution" does not apply to a specific category of individuals described in this Terms of Use as Consumers, so-called "Entrepreneurs with Consumer Rights," which came into effect for contracts concluded from January 1, 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the category of Consumers sensu stricto. Personal data protection
  2. By placing an order, the Client gives consent to the processing of their personal data provided by them for the purpose of order fulfillment and customer service by the Seller, who is also the data controller, as defined in Article 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.
  3. The Seller is the data controller of the personal data provided by the Client while using the Store.
  4. Personal data stored in the Seller's database is not transferred to entities not involved in the fulfillment of the Sales Agreement.
  5. In accordance with Article 15 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88, the Client has the right to access their personal data, request their correction, or deletion. The Seller ensures that every Client has the right to control the processing of their personal data.
  6. Providing personal data is voluntary; however, failure to consent to the processing of personal data will prevent the fulfillment of the Client's order.
  7. Detailed information regarding personal data and privacy protection is provided in the 'Privacy Policy' section on the Store's
    website.

    Final provisions

  1. The Terms of Use determine the rules for entering into and executing a contract for the sale of Goods available on the Store's website.
  2. The contract of sale is concluded between the Customer and the Seller.
  3. To use the Store's Services, it is necessary to have devices allowing access to the internet and a web browser enabling the display of websites, as well as to provide an email address enabling the transmission of information regarding order processing.
  4. All persons, including Customers, are prohibited from posting unlawful content on the Store's website.
  5. In matters not regulated by this Terms of Use, the relevant provisions of the generally applicable law shall apply.
  6. The Terms of Use do not exclude or limit any rights of the Customer who is a Consumer, which are granted to them by the mandatory provisions of the law. In the event of a conflict between the provisions of the Terms of Use and the mandatory provisions of the law granting consumers rights, the latter shall take precedence.
  7. In the event that any provision of this Terms of Use is or becomes invalid or ineffective, the validity of the entire Terms of Use in the remaining part shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another one that most faithfully reflects the intended economic purpose. This also applies accordingly to any gaps in the Terms of Use.

Attachment 1: Consumer Withdrawal Form from the concluded contract
City: , date: ____ year_ r.
Consumer:
Full name: ______
___
Address: ________
E-mail: ________
Tel: ________
Seller:
Name: Nitya Patrycja Pruchnik
Return address: ul. Kajetana Garbińskiego 16b, 01-122 Warsaw
CONSUMER WITHDRAWAL FORM FROM THE CONTRACT OBLIGING TO TRANSFER
OWNERSHIP OF THE ITEM
I hereby, based on Article 27 of the Consumer Rights Act of May 30, 2014 (Journal
of Laws of 2020, item 287, as amended), in the wording: Article 27 of the
Consumer Rights Act
A consumer who has entered into a distance contract or outside the business
premises may withdraw from it within 14 days without giving any reason and
without incurring costs, except for the costs specified in Article 33, Article 34 (2), and Article 35.
inform about the withdrawal from the contract concluded on ___ year, ___ consisting of:




In connection with the above, I kindly request a refund of the following monetary amount resulting from the withdrawal from the contract: zł (in words: ______________________________________________), which should be transferred to the following bank account number:


With best regards,

______________________

(handwritten signature of the Consumer)

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