Terms and conditions of the shop

1. Introductory provisions

  1. The Nemearis On-line Shop, available at the Internet address nemearis.pl, is run by Michał Popiół, conducting business activity under the name Michał Popiół Nemezink, registered in the Central Register and Information on Business Activity (CEIDG), maintained by the minister responsible for economy, NIP: 7343585506, REGON: 386825885.
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and define the rules of using the Internet Shop and the principles and procedures of concluding Distance Seller Contracts with the Customer through the Shop.

2. Definitions

2.1 Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.
 
2.2. Seller – Michał Popiół, conducting business under the name Michał Popiół Nemezink, registered in CEIDG, NIP: 7343585506, REGON: 386825885.
 
2.3 Customer – any entity making purchases through the Store.
 
2.4 Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, doing business on its own behalf, which uses the Shop.
 
2.5 Shop – online shop operated by the Seller at the Internet address nemearis.pl.
 
2.6. Contract – a contract concluded with the Customer within an organised system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties.

3. Contact with the Shop

 
3.1 Seller’s address: 1 Brygady 16/33, 33-300 Nowy Sącz.
 
3.2. Seller’s e-mail address for Consumers and Entrepreneurs who are the Shop users: info@nemearis.pl.
 
3.3 Seller’s telephone number: +48 577 371 677.
 
3.4 Contact with the Shop’s technical support can be made: 
  • Via a form on the Store’s website under the “Contact Us” tab;
  • Directly, to the e-mail address given above.
3.5 The Seller reserves the right to respond to requests on working days from 9:00 to 17:00.

4. Technical requirements

4.1 In order to use the Shop, including browsing the Shop’s product range and placing orders for Products, the following are necessary:
  • A terminal device with access to the Internet and a web browser (recommended browsers by the Seller: Safari, Google Chrome, Opera and Firefox);
  • Cookies enabled.

5. General information

5.1 The prices given in the Store are given in Polish zloty and are gross prices (including 23% VAT).
 
5.2 The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery.
 
5.3 The Product is delivered exclusively within the territory of the Republic of Poland by the shipping company InPost sp. z o.o.

6. Establishing an Account in the Shop

6.1 In order to set up an Account with the Shop, you need to fill in the Registration Form.
 
6.2 The creation of an Account with the Store and its maintenance is free of charge.
 
6.3 The Customer must have an active Account with the Store if he/she wishes to make Orders. It is not possible to place Orders without prior registration at the Shop.
 
6.3. The Customer can delete the Account at any time by sending an appropriate request to the Seller.
 
6.4 Personal data collected through the Shop shall be processed in accordance with 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, hereinafter referred to as RODO) and the Personal Data Protection Act of 10 May 2018.

7. Principles of placing an Order

7.1 The Customer places an Order by selecting a Product and adding it to the Basket.
 
7.2 The Customer then fills in the Order Form, providing shipping details and selects the payment method.
 
7.3 The Customer may, when placing an Order, undertake to provide true personal data and a delivery address.
 
7.4 Order data is stored by the Seller:
  • for a period of 7 days in the case of a stopped Order;
  • for a period of 14 days in case of an unsuccessful Order;
  • for a period of 30 days in the case of a cancelled Order;
  • for a period of 12 months in the event of a completed Order;
7.5 The addition of a Product to the Basket does not imply its reservation; the maximum storage time for a Product in the Basket is 60 minutes.

8. Delivery and payment methods offered

8.1 The available delivery methods for the Products:

  • InPost courier service (only Poland);
    InPost parcel service (only Poland),
    international shipment (by DHL courier)
    personal pickup

8.2 Products ordered by the Customer are dispatched on the next working day at the latest. The delivery time for the Order is:

  • for domestic shipments – from 3 to a maximum of 5 working days (depending on the shipping method selected);
  • for international shipments – from 2 to 12 working days (depending on the country of delivery).

8.4 The Seller processes payments through an external payment gateway Przelewy24, offering the following payment methods:

  • payment by bank transfer to the Seller’s account
  • electronic payment (Blik, Apple Pay, Google Pay).
  • payment by credit card.
8.4 The Seller shall not be legally liable for defects of the Product resulting from the actions of the carrier. Any claims resulting from improper transportation of the Product are not subject to complaint, which is further described in the section §11.
 
8.5 The Seller is not legally liable for technical problems that make it impossible to place an Order at the Shop, resulting from the actions of the Autopay service.

9. Performance of the Sales Agreement

9.1.The Contract of Sale is concluded after the Customer submits the Order and its acceptance by the Seller.
 
9.2.The Seller confirms the acceptance of the Order for execution by an email informing the Customer of the status of the Order. 
 
9.3.The Customer may obtain the following information on the possible status of the Order:
  • New Order;
  • Order cancelled;
  • Unsuccessful Order;
  • Order on hold;
  • Order in progress;
  • Completed order;
  • Order returned.
9.4 The Customer has the right to place an Order 7 days a week, 24 hours a day.
 
9.5 The Seller shall process Orders on working days from 9 a.m. to 5 p.m.
 
9.6. The Seller has the right to cancel the Customer’s Order if the payment for the Product has not been made within 3 working days of placing the Order on the Store.

10. Right of withdrawal

10.1 The Consumer has the right to withdraw from the Sales Agreement within 14 days from the date of receipt of the Product, without giving any reason.
 
10.2 The Consumer is not entitled to withdraw from the Agreement in the case of the Agreement, the subject of which are the Products delivered in sealed packaging (e.g. decorative jewellery protected by foil packaging), which, once opened, are not suitable for return for health or hygiene reasons, if the packaging has been opened after delivery (in accordance with Article 38(5) of the Consumer Rights Act).
 
10.3 In order to exercise the right of withdrawal, the Consumer must inform the Seller of his/her decision to withdraw from the Contract by an unequivocal statement (e.g. letter sent by post, fax or e-mail) on a dedicated withdrawal form.
 
10.4 In the event of withdrawal from the Contract, the Consumer is obliged to return the Product to the Seller immediately, but no later than 14 days from the day on which he informed the Seller of the withdrawal. The direct costs of returning the Product shall be borne by the Consumer.
 
10.5 The Seller shall refund all payments received from the Consumer immediately, but no later than 14 days from the date of receipt of the Product and/or proof of return.
 
10.6 Returns of Products within the framework of withdrawal from the contract should be made to the address: Michał Popiół Nemezink, Sandomierska 3/LU4, 30-301 Kraków.

11. Complaint and warranty

11.1 The Seller is legally liable to the Customer if the sold Product has a physical or legal defect (warranty).
 
11.2 In the case of a defect in the Product, the Customer has the right to lodge a complaint based on the warranty provisions of the Civil Code.
 
11.3 The complaint should be submitted in writing or electronically on a dedicated complaint form and include a description of the defect found, the date of its occurrence and the Customer’s request.
 
11.4 The Seller undertakes to consider each complaint within a maximum of 14 days from the date of receipt. If there is no response to the complaint within this period, it is considered justified.
 
11.5 Products delivered in sealed packaging which, once opened, are not suitable for return for health or hygiene reasons, are excluded from the right of complaint if the packaging is opened by the Customer.
 
11.6 If the complaint is considered valid, the Seller will replace the defective Product with a full-quality one or refund the equivalent of the Product price to the Customer.
 
11.7 In the case of a complaint, the returned Products should be sent to the address: Michał Popiół Nemezink, Sandomierska 3/LU4, 30-301 Kraków. The Customer shall bear direct costs related to sending back the Product.
 
11.8 The complaint form which does not comply with the template provided by the Seller will not be considered.

12. Out-of-court complaint and redress procedures

12.1 Information on the possibility of using out-of-court ways of dealing with complaints is available on the website of the Office of Competition and Consumer Protection.

13. Personal data in the Online Shop

13.1 The Seller is the administrator of the Customers’ personal data.
 
13.2 Personal data is collected for the purpose of implementing the Sales Agreement.
 
13.3 Detailed information on the processing of personal data can be found on the Shop under “Privacy and Cookies Policy”.

14. Final provisions

14.1 The Seller reserves the right to amend the Terms and Conditions.
 
14.2 In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply.