Introduction/General Terms and Conditions (Terms and Conditions valid as of 05.05.2024)

1.1 The On-line shop available at www.noissstyka.com is operated by Maciej Grześkowiak, owner of the company Plaridum Maciej Grześkowiak with its registered seat at Sokoła 2b/1, 60-644 Poznań +48503399896, NIP number (PL7811616201), REGON number 302184874. These Regulations are intended for all Users of the Store and contain regulations and guidelines for making purchases and navigating the Site.

1.2 These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or businesses.

1.3 The administrator of personal data processed at the On-line Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4 Definitions:

- WORKING DAY - one day from Monday to Friday excluding public holidays.

- REGISTRATION FORM - a form available in the Online Shop that enables the creation of an Account.

- ORDER FORM - an Electronic Service, an interactive form available in the Online Shop which enables placing an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

- CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity - who has concluded or intends to conclude a Sales Agreement with the Seller.

- CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

- ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Shop are collected.

- NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.

- PRODUCT - a movable item available in the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.

- RULES - these rules of the Internet Shop.

- INTERNET SHOP - the online shop of the Service Provider available at the following internet address: www.noissstyka.com.

- SELLER; SERVICE PROVIDER - the company Plaridum Maciej Grześkowiak with its registered office in Poznań (registered office and address for service: ul.Sokoła 2b/1 60-644 Poznań); entered in CEDIG. NIP: 7811616201; REGON: 302184874 e-mail address: hi@noissstyka.com.

- CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop.

- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.

- USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited capacity to act; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by a law - using or intending to use the Electronic Service.

- CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

- ORDER - a declaration of will of the Customer made by means of the Order Form and aiming directly at the conclusion of a Product Sales Contract with the Seller.

- PRODUCT PRICE All prices include VAT.

2 Technical requirements

2.1 In order to properly browse the products and place orders, it is necessary for Users to have: a computer, laptop or other device with Internet access. Web browser: Mozilla Firefox, Google Chrome, Opera, Safari, Microsoft Edge with Cookies and JavaScript enabled.

2.2 Newsletter - the Newsletter can be subscribed to by ticking the appropriate checkbox when placing an Order - when the Order is placed, the Customer is subscribed to the Newsletter or in a dedicated box.

2.3 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular by e-mail to: hi@noissstyka.com or also in writing to the address: ul. Sokoła 2b/1 60-644 Poznań.

2.3 Technical requirements necessary for the operation of the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser:

Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024×768; (5) enable Cookies and Javascript in the web browser.

2.4 The Customer shall use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

3. Placing orders

   3.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

- Payment by bank transfer to the Seller's bank account.

- Electronic payment and payment card payment via Przelewy24.pl website - the possible current payment methods are specified on the website of the Online Shop in the information tab concerning payment methods and on the website Payment methods - Przelewy24/

- PayU and PayPal.

3.2 Payment term:

- The Customer is obliged to make payment within 7 calendar days from the conclusion of the Sales Contract.

3.3 The ordering process begins when the Customer places a product in the shopping cart by pressing the ‘add to cart’ button. The Customer is then required to fill in the Order Form, which includes the first name, surname/company name and the exact shipping address, e-mail address and telephone number. In the next step, the Buyer is redirected to the secure payment page provided by Przelewy24 or PayPal to finalise the purchase. Once the order has been placed, the Customer will receive a purchase confirmation email containing a summary of the purchase together with the expected delivery date. The user is obliged to provide truthful and accurate data. The user is also prohibited from entering unlawful content.

3.4 The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1. of the Terms and Conditions.

3.5 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. 3.6. The Customer shall be informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services charges) and other costs, and if the amount of such charges cannot be established - about the obligation to pay them, on the pages of the Online Shop during the placement of the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.

3.6 The Customer shall be obliged to pay any additional customs fees required in his/her country.

4 Delivery

Delivery of the Product is available in the territory of the Republic of Poland and to other countries of the world.

4.1. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Shop website in the information tab concerning delivery costs and during the Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

4.2 The Seller makes available to the Customer the following methods of delivery of the Product:

- Courier delivery.

4.3. The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter or longer deadline is indicated in the description of the Product or during the placing of the Order. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 30 Business Days. The start of the period for delivery of the Product to the Customer is calculated from the date of crediting the Seller's bank account or settlement account.

5 Complaints

5.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

5.2 The Seller is obliged to deliver the Product without defects to the Customer. Detailed information concerning the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop in the information tab concerning complaints. In the case of a complaint regarding the colour of the Product, the Seller reserves the right to reject the complaint as the shade and colour temperature may differ depending on different display settings. The complaint should also include the preferred method of handling the complaint.

5.3 A complaint may be submitted by the Customer, for example:

- in writing to the address: ul. Sokoła 2b/1 60-644 Poznań.

- in electronic form via e-mail to the address: hi@noissstyka.com

5.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

5.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has requested replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the request is justified.

5.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer shall be excluded.

6 Out-of-court complaint handling and redress procedures and rules of access to these procedures

6.1 Detailed information on the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

6.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

6.3 The consumer has the following exemplary possibilities of using out-of-court ways of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

6.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

7 Right of withdrawal

7.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring any costs, with the exception of the costs specified in sec. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

- in writing to the address: ul. Sokoła 2b/1 60-644 Poznań.

- in electronic form via e-mail to the address: hi@noissstyka.com

7.2 A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Shop in the tab concerning withdrawal from the contract. The consumer may use the model form, but it is not obligatory.

7.3 The period for withdrawal from the contract shall begin:

- for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) includes a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period - from the taking possession of the first Product;

- for other contracts - from the day of the conclusion of the contract.

7.4 In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.

7.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, return to the consumer all payments made by the latter, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available at the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

7.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she withdrew from the contract, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Sokoła 2b/1 60-644 Poznań.

7.7 The Consumer shall be liable for any diminished 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.

7.8 Possible costs associated with the withdrawal from the contract by the consumer, which the consumer is obliged to bear:

- If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

- The consumer shall bear the direct costs of returning the Product.

- In the case of a Product that is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

 

7.9 The consumer has no right of withdrawal from a distance contract in respect of contracts:

- (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service has begun that after the Seller has performed the service, he will lose his right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, 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 Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) 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 Seller has informed the consumer of the loss of the right of withdrawal. (11) on gift packaging which is not reusable after unpacking.

7.10 The provisions contained in this clause 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and to contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

8 Provisions concerning entrepreneurs

8.1 This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is also not a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

8.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.

8.3 The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

8.4 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.

8.5 The liability of the Service Provider/Seller towards the Customer/Client, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

8.6 Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

9.Final provisions

9.1 Contracts concluded through the Online Shop are concluded in the Polish language.

9.2 Change of Terms and Conditions:

- The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

- In the case of conclusion of continuous agreements on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient, if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendments to the Terms and Conditions result in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

- In the case of contracts concluded on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Contract), the amendments to the Terms and Conditions will in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.

9.3 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Dz. U. 2002 no. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers, the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Dz. U. 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of 27 July 2002 (Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.