Terms and Conditions of the Online Shop Nansheshop.com, valid from 01.10.2023
The seller and owner of the business is Nanshe Spółka z ograniczoną odpowiedzialnością, located in Krakow (30-404) at 4a/15 Cegielnianej Street, VAT ID: 6793270133, KRS: 0001043392, Regon: 525684800.
§1 Definitions
- Business Days: Days from Monday to Friday, excluding statutory holidays in Poland.
- Consumer: A consumer as defined by the provisions of the Civil Code.
- Account: A free feature of the business, regulated by separate rules (an electronically provided service) allowing every user of the business to create their individual account.
- Buyer: Any person making a purchase in the business.
- Privileged Buyer: A buyer who is either a consumer or a privileged entrepreneur.
- Privileged Entrepreneur: A natural person who enters into a contract with the seller that is directly related to their business activity but does not have a professional character.
- Regulations: These regulations.
- Business: The online shop Nansheshop, operated by the seller at the address https://nansheshop.com.
- Order: The customer's declaration of intent aiming to conclude a distance sales contract via the business, specifying at least the type and quantity of products.
§2 General Principles
1.The Regulations establish the terms and conditions for the conclusion and performance of sales contracts for products offered in the business, as well as the conditions for using the business.
2.The customer can contact the business via the email address contact@nansheshop.com, the contact form on the business's website, or in writing.
3.To use the business, customers must meet the following minimum technology requirements: a device with internet access, an installed and updated web browser (Internet Explorer, Chrome, Firefox, Opera, Safari) with enabled support for JavaScript and cookies, and an active email account.
4.All products available in the business are new, without defects, and have been lawfully introduced to the Polish market.
5.The seller is responsible for the processing of personal data processed in connection with the provisions of these Regulations in the business. Personal data is processed in accordance with the principles published in the privacy policy on the business's website. The privacy policy includes, in particular, the principles of personal data processing by the controller in the business, including the basis, purposes, and scope of personal data processing, as well as the rights of data subjects. Using the business, including making purchases, is voluntary. Providing personal data by customers using the business is voluntary, subject to the exceptions mentioned in the privacy policy.
6.The condition for using the business is getting acquainted with the Regulations and accepting them without reservation.
§3 Shopping in the Shop
1.The prices of products visible in the shop are final prices for the product.
2.The seller points out that the total price of the order includes the elements indicated in the shop: the product price and, if applicable, shipping costs.
3.In case of price changes of products, the order will be executed at the price valid at the time of the order.
4.The seller reserves the right to change prices for products in the offer, add new products to the online shop's offer, or remove existing products from the offer, conduct or withdraw promotions on the shop's website, or make changes to them, in accordance with the provisions of the Civil Code and other laws, provided that such changes do not violate the rights of persons who have concluded sales contracts for products offered in the shop or the rights of persons entitled under the terms of a specific promotion during its duration.
5.The selected product for purchase must be added to the cart in the shop.
6.The buyer then selects the shipping and payment methods for the order from the available options in the shop and provides the necessary data for order processing.
7.The order is placed when its content is confirmed, and the shop's regulations are accepted by the buyer.
8.Placing an order is equivalent to concluding a contract between the buyer and the seller. 9.The buyer can register in the shop, i.e., create an account, or shop without registration by providing their details with each potential order.
§4 Prices and Payments
1.Products in the shop can be paid for in the following ways:
- Quick online bank transfer and credit card payment using the PayNow service - the currently available payment methods are listed on the shop's website in the payment methods information category and on the website https://www.paynow.pl/.
- Bank transfer directly to the seller's account (bank account number: EUR 20 1140 2004 0000 34121960 0886, BIC/SWIFT: BREXPLPWMBK; Owner: Nanshe Spółka z ograniczoną odpowiedzialnością, Cegielniana-Straße 4a/15, 30-404 Krakau).
- By credit card.
2.In the case of choosing prepayment as the payment method by the customer, failure to receive payment within 3 days after placing the order will result in the cancellation of the order.
3.The essential provisions of contracts concluded via remote communication are covered by providing the proof of purchase to the customer, which can be delivered electronically or together with the order.
§5 Delivery of Goods
1.The goods are delivered to the address provided by the customer when placing the order in Poland.
2.The processing of the order starts as soon as the purchase price (and, if applicable, shipping costs) is received in the shop's bank account if the customer has chosen online prepayment as the payment method.
3.Orders are processed on business days. Orders placed on Saturdays, Sundays, or holidays will be processed on the next business day. The maximum processing time is 10 business days from the moment of receiving the due amount in the seller's bank account or the conclusion of a sales contract (excluding products made to order).
4.The estimated delivery time consists of the order processing time, taking into account the time until the funds are credited to the seller's bank account (usually up to 3 business days), and the expected delivery time.
5.The costs of product delivery are provided in the ordering process and on the shop's pages. 6.The estimated delivery time is:
- 3-4 working days when choosing the courier service
§6 Product Return - Right of Withdrawal
1.The customer has the right to withdraw from the contract within 14 days from the day on which the customer takes possession of the goods or on which a third party designated by the customer, who is not the carrier, takes possession of the goods, without giving any reason.
2.To exercise the right of withdrawal, the customer must inform the shop of the decision to withdraw from the contract in the form of a statement sent to the email address contact@nansheshop.com (you can find the withdrawal form HERE). After receiving such notification, the shop will promptly send the customer a confirmation of receipt of the withdrawal statement.
3.The customer shall send back the goods or hand them over to the following address: Nanshe Spółka z ograniczoną odpowiedzialnością, ul.Szkolna 5, 27-215 Parszów, Poland, with the notation "RETURN," no later than 14 days from the day on which the customer informed the shop about the withdrawal.
4.The direct cost of returning the purchased goods shall be borne by the customer.
5.In the event of withdrawal from the contract, the shop shall reimburse the customer for all payments received from them, including the cost of delivery, no later than 14 days from the date on which the returned goods were received.
6.The refund to the customer shall be made using the same means of payment that was used by the customer for the initial transaction, unless the customer has expressly agreed otherwise.
7.The shop may withhold the refund until the goods are returned, or until the customer provides proof of their return, whichever occurs first.
8.The customer is liable for any decrease in the value of the returned goods resulting from the use of the goods beyond what is necessary to establish their nature, characteristics, and functioning.
§7 Complaints
- A consumer customer has the right to file a complaint about the purchased product.
- The seller is responsible for delivering the performance according to the contract, in particular, they have the duty to deliver a product that is free from defects and corresponds to the sales contract.
- The seller is liable for defects that existed at the time of delivering the product to the consumer and are discovered within 2 years from that time, unless the product's durability is longer.
- The complaint can be submitted by the customer in any form. It can be sent in writing to the address: Nanshe Spółka z ograniczoną odpowiedzialnością, ul. Szkolna 5, 27-215 Parszów, or by email to contact@nansheshop.com (the complaint form can be found HERE).
- In case of non-conformity of the product with the contract, the consumer can demand:
-its repair
-or a replacement.
The seller may opt for a replacement if the consumer requests a repair, or the seller may perform a repair if the consumer requests a replacement when the method chosen by the consumer to bring the product into conformity with the contract:
-is impossible
-or would result in unreasonable costs for the seller.
If a repair and replacement are impossible or would incur unreasonable costs for the seller, the seller may refuse to conform the product to the contract. The seller carries out the repair or replacement of the product at their expense within a reasonable time after the consumer informs the seller of the non-conformity of the product with the contract. The consumer is obliged to make the product available to the seller for repair or replacement. The seller will collect the product at their own expense.
- The consumer also has the right to make a declaration of a price reduction or withdrawal from the sales contract when:
a) the seller refuses to conform the product to the contract;
b) the seller has not brought the product into conformity with the contract;
c) the non-conformity of the product with the contract persists despite the seller's attempt to bring the product into conformity with the contract;
d) the non-conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior demand for repair or replacement of the product;
e) it clearly results from the seller's statements or circumstances that they will not bring the product into conformity with the contract within a reasonable time. - When the consumer declares a price reduction, the amounts due as a result of this exercise of rights will be refunded to the consumer no later than 14 days after receiving the consumer's declaration of price reduction. The refund will be made using the same payment method that the consumer used when paying for the goods, unless the consumer expressly agrees to a different refund method.
- The seller is liable for defects in the goods that existed at the time of their delivery and are discovered within 2 years of that delivery. Customer claims due to defects in the goods expire 6 years after the defect was revealed. The expiry date falls on the last day of the calendar year.
- The customer is requested to include the following information in the complaint description: information and circumstances regarding the subject of the complaint, in particular, the type and date of the defect's occurrence; (1) the desired method to bring the product into conformity with the contract, or for a price reduction or withdrawal from the purchase agreement; and (2) the contact details of the complainant (first name and last name, mailing address, phone number, email address) – this facilitates and expedites the processing of the complaint by the seller. The requirements mentioned in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description.
- The seller will address the customer's complaint immediately, but no later than 14 days after receiving the complaint. Otherwise, the complaint is deemed accepted.
§8. Information on Providing Electronic Services
- The shop provides the following electronic services for customers:
a) The ability to conclude purchase agreements for goods in the shop according to these Terms and Conditions,
b) The ability to create customer accounts in the shop,
c) Sending ordered information about goods (newsletter). - The customer is entitled to withdraw from purchase agreements for goods according to the relevant legal provisions and the conditions set out in these Terms and Conditions. Additionally, the customer may discontinue the provision of services according to point 1 letters b) and c) above by the shop at any time by sending a request to the seller, in particular via email to contact@nansheshop.com.
- The technical requirements for the provision of electronic services by the shop are as follows: a) Access to the Internet, b) Use of a web browser that enables the processing of hypertext documents (such as Internet Explorer, Opera, FireFox, or similar), c) Possession of an email account.
- Complaints related to electronic services provided by the shop may be submitted by sending a complaint to the email address contact@nansheshop.com. The customer's complaint should contain the identification of the service recipient and a brief description of the complaint. The shop will make every effort to review complaints received as quickly as possible, but no later than 14 days after the complaint is received by the shop. The customer will be informed via email sent to the email address provided by the customer about the method of reviewing the complaint.
§9. Provisions for Entrepreneurs
- This section of the Terms and Conditions and the provisions contained therein apply exclusively to customers and service recipients who are not consumers.
- The seller has the right to withdraw from a purchase agreement concluded with a customer who is not a consumer within 14 calendar days from the date of the contract. Withdrawal from a sales contract concluded with a customer who is not a consumer can be made without giving reasons and does not create any claims by the customer who is not a consumer against the seller.
- In the case of customers who are not consumers, the seller reserves the right to limit the available payment methods and to require a prepayment, regardless of the payment method chosen by the customer and the conclusion of the purchase agreement.
- Once the seller hands the goods over to the carrier, all rights and obligations related to the goods transfer to the customer who is not a consumer, including the risk of accidental loss or damage to the goods from the moment of taking over for transport by the customer. In this case, the seller is not liable for the loss, damage, or destruction of the goods occurring from the time of taking over for transport until they are handed over to the customer, as well as for delays in the shipment.
- When the goods are delivered to the customer who is not a consumer by a carrier, the customer is obliged to check the shipment in the manner and within the time frame customary for shipments of this kind. If the customer finds that the goods were lost or damaged during transport, they are obliged to take all measures necessary to determine the carrier's liability.
- In the case of service recipients who are not consumers, the service provider may terminate the contract for the provision of electronic services with immediate effect and without giving reasons by sending an appropriate declaration to the service recipient.
- The liability of the service provider/seller towards service recipients/customers who are not consumers, regardless of its legal basis, is limited to the price paid and the delivery costs under the purchase agreement, but in total not exceeding one thousand Polish Złoty (PLN). The service provider/seller is liable to service recipients/customers who are not consumers only for typical and foreseeable damages at the time of concluding the contract and not for lost profits.
- All disputes between the seller/service provider and the customer/service recipient who is not a consumer are subject to the jurisdiction of the seller/service provider.
§10. Shop Reviews
- Shop customers have the opportunity to voluntarily and free of charge submit reviews for purchases of goods made in the shop. Reviews can include ratings, photos, or reviews of purchased products in the shop.
- The seller sends an email to the customer after a purchase in the shop, asking for a review, along with a link to an online form to submit the review. The online form allows the customer to answer the seller's questions about their purchases, rate them, add their own review, and upload a photo of the purchased product. Reviews can also be submitted using a product review form available directly on the shop's website.
- A review can only be submitted by a customer who has made purchases in the shop.
- The reviews submitted by customers will be published in the shop by the seller.
- The submission of reviews must not be used unlawfully, in particular for actions that constitute unfair competition against the seller or that infringe on the personal rights, intellectual property rights, or other rights of the seller or third parties.
- Reviews can only be submitted for products actually purchased in the shop. Creating fake purchase agreements for the purpose of submitting reviews is prohibited. Neither the seller nor their employees, regardless of their employment relationship, can submit reviews.
- The author of a submitted review can delete it at any time.
- In the case of suspected dishonesty or credibility of a review submitted in the shop, any interested party can object to the review by sending a notification about the review to the email address contact@nansheshop.com.
- The publication of reviews submitted via the product review form available directly on the shop's website requires prior verification by the seller. Verification is done regarding compliance with the Terms and Conditions, especially to determine if the author of the review is a shop customer. In the case of product reviews, it is also checked if the reviewed product was purchased.
§11. Final Provisions
- For contracts regarding the sale of products in the shop, Polish law applies. The contract is concluded in the Polish language.
- Matters not regulated by these Terms and Conditions are subject to the provisions of the Polish Civil Code or other legal regulations applicable to the operation and functioning of the shop.
- The competent court for settling disputes is the court located at the seller's registered office, according to the applicable regulations.
- The customer has the right to pursue alternative dispute resolution and the assertion of claims outside of the court. To utilize the option of out-of-court dispute resolution for online purchases, the customer can file a complaint, for example, via the EU Online Dispute Resolution (ODR) platform, available at the following address: http://ec.europa.eu/consumers/odr/
- The seller reserves the right to change the Terms and Conditions at any time. Changes to the Terms and Conditions apply to orders placed after the modification of these Terms and Conditions, subject to the provisions in paragraph 2 above.
- All materials, including graphic elements, the layout of these elements, trademarks, and others that are available in the shop, are subject to exclusive protection, especially copyright and industrial property rights. The use of materials available in the shop in any form requires the prior consent of the seller.