Terms of use and Conditions

nyczaj.audio online store Terms of use and Conditions

I. General provisions
1.    This Terms of use defines the general conditions, ways of the provision of services and sales conducted through the www.nyczaj.audio online store. Store is maintained by Przemysław Nyczaj, TIN: PL6312633675, at the address ul. Daszyńskiego 91/9, 44-100 Gliwice, Poland.

2.    The Seller can be contacted via:
a.    e-mail address: info@nyczaj.audio,
b.    contact form available under the address: www.nyczaj.audio at the bottom of the home page.

3.    This Terms of use is incessantly available on the webpage www.nyczaj.audio in a way that allow its acquisition, reproduction and consolidating its content through print or storing on a data/media carrier at all times.

II. Definitions
The terms used herein have the following meaning:
1.    Working days – Monday to Friday, excluding the bank holidays.

2.    Customer – natural person, who has full legal capacity, a natural person running a business, legal person or organizational entity without legal personality, whom the special provisions grant legal capacity, which makes orders in the Online Store or uses other services available in the Online Store.

3.    Civil Code –Act of 23 April 1964 (Dz. U. Nr 16, poz. 93 ze zm.);

4.    Account – part of the Online Store assigned to the Customer, through which the Customer can carry out specific activities in the Online Store.

5.    Consumer – natural person conducting a legal action with the Entrepreneur, which is not directly related to its business or professional activity.

6.    Entrepreneur – natural person, legal person and organizational entity without legal personality, whom the special provisions grant legal capacity, who runs a business or professional activity under its own behalf.

7.    Terms of use – this document.

8.    Merchandise – a product presented in the Online Store, whose description is available next to the presented product.  

9.    Contract of sale – Contract of sale of Merchandise within the meaning of Civil Code, concluded between the Seller and the Customer.

10.    Services – services provided by the Seller to Customers electronically, within the meaning of the Act of 18 July 2002, on providing services electronically (Dz.U. nr 144, poz. 1204 ze zm.).

11.    The Act on Consumer Rights – Act of 30 May 2014 on consumer rights (Dz. U. 2014, Nr 827).

12.    The Act on Provision of Services Electronically – Act of 18 July 2002 on provision of services electronically (Dz. U. Nr 144, poz. 1204 ze zm.).

13.    Order – Customer’s statement of intent, leading directly to conclusion of the Contract of sale, specifying in particular, the type and the amount of Merchandise.

III. Rules for the use of the Online Store
1.    Using the Online Store is possible, provided that the ICT system used by the Customer meets the following minimum technical requirements:
a.    Computer or mobile device with Internet access,
b.    Access to e-mail,
c.    Internet Explorer internet browser version 11 or newer, Firefox internet browser version 28.0 or newer, Chrome internet browser version 32 or newer, Opera internet browser version 12.17 or newer, Safari internet browser version 1.1 or newer,
d.    Cookies and Javascript enabled in the internet browser.

2.    Using the Online Store means any activity by Customer, which leads him or her to the familiarization with Store’s content.

3.    The customer is obligated in particular to:
a.    Not to produce, deliver, and transfer content prohibited by law, for example: content promoting violence, defamatory content, or one that is violating personal rights and other rights of third parties,
b.    To use the Online Store without disrupting its functioning, in particular through the use of specific software or devices,
c.    Refrain from activities such as sending or posting within the Store any unsolicited commercial information (spam),
d.    To use the Online Store without causing inconvenience to other Customers and the Seller,
e.    To use all the content available in the Online Store only for personal use,
f.    To use the Online Store in a manner consistent with the law in force in the Republic of Poland, rules of this Terms of use document, as well as with the general principles of using the Internet.

IV. Services
1.    Seller, via the Online Store, allows the use of free Services that are provided by the Seller 24 hours a day, 7 days a week.

2.    The Service of managing an Account in the Online Store is available after the registration. Registration is completed by filling out and accepting the registration form, available on one of the pages of the Online Store. The contract for the provision of the Service of managing an Account in the Online Store is concluded for an indefinite period of time and shall terminate upon sending the request to delete an Account by Customer, or use of the „Delete Account” button.

3.    The Customer has the ability to receive commercial information from the Seller in form of the messages sent to the e-mail address specified by the Customer (Newsletter service). To receive it, a valid e-mail address must be provided or the appropriate box in the registration form or Order form must be activated. The Customer my revoke the consent to receive that kind of commercial messages at any time. The contract for the provision of the Newsletter service is concluded for an indefinite period of time and shall terminate upon sending the request to remove ones e-mail address from Newsletter subscriptions by the Customer or unsubscribing from it using the link provided in the message sent via the Newsletter service.

4.    The Customer has the ability to send messages to the Seller via the contact form. The contract for the Service of provision of interactive contact form enabling Customers to contact the Seller is concluded for a definite period of time and shall terminate upon receiving the answer from the Seller.

5.    The Customer has the ability to publish his or her individual and subjective statements regarding the, i.e. Merchandise or the course of the transaction in the Online Store. Customer, by publishing those statements declares that he or she has all rights to that content, in particular the copyrights, related rights and industrial property rights. The contract for the provision of services consisting of publishing Customer’s statements/opinions regarding, among other things, Merchandise is concluded for a definite period of time and shall terminate upon publishing such statement/opinion.

6.    Statements should be written in a clear and understandable way, moreover, they cannot violate any applicable laws including the rights of third parties – in particular they must not be defamatory, violate personal laws or constitute an act of unfair competition. Published statements are present on the pages of the Online Store.

7.    By publishing a statement/opinion, the Customer agrees to the free of charge use and publishing of that statement by the Seller, and agrees to making adaptations to it under the Law on Copyright and Related Rights (Dz. U. 1994 nr 24 poz. 83).

8.    In an event of a breach of these Terms of use by the Customer, the Seller, after an earlier unsuccessful call for the cessation or removal of the breach, after determining a relevant deadline may terminate the contract for the provision of Services with a 14-day notice period.

9.    Seller has the right to organize occasional contests and promotions, the terms of which will be published on the Online Store website each time. Special offers/promotions cannot be connected, unless the Terms of a certain special offer/promotion state otherwise.

V. The procedure for conclusion of the Contract of sale
1.    Information about the Merchandise available on the pages of the Online Store, in particular their descriptions, technical and performance characteristics and prices, are an invitation to conclude a Contract of sale, within the meaning of article 71 of the Civil Code.

2.    All Merchandise available at the Online Store, are brand new, free from any physical and legal defects, and have been legally placed on the Polish market.

3.    To place an Order, Customer is required to have an active e-mail account.

4.    If the Order is submitted via the order form available on the website of the Online Store, Order is submitted by the Customer to the Seller electronically and becomes an offer to conclude the Contract of sale of the Merchandise which is the subject of the Order. Offer submitted electronically is binding to the Customer if an Order confirmation is sent by the Seller to e-mail address provided by the Customer. That order confirmation is a Seller’s declaration of acceptance of Customer’s offer, and upon its receipt the Contract of sale is concluded.

5.    Contract of sale is concluded with content in accordance to the Terms of use in English.

VI. Shipping
1.    Shipping of the Merchandise is limited and the Merchandise is delivered to the address specified by the Customer in the Order.

2.    Customer can choose the following forms of delivery of ordered Merchandise:
a.    Via courier service,
b.    Via the postal operator.

3.    Seller provides Customer with the information about how many Working days are required to complete the Order and to deliver the Merchandise on the pages of the Online Store.

4.    Shipping time and Order processing time is calculated in Working days in accordance with paragraph 2 of section VII.

5.    Seller sends the invoice for the purchased Merchandise to the email address provided by the customer.

VII. Prices and methods of payment
1.    Merchandise prices are provided in euros, as chosen by the Customer, and include VAT. They do not include customs or any charges related to shipping the Merchandise, like, among others, customs charges.

2.    The Customer can choose the following methods of payment:
a.    Electronic payment via Paypal (in this case, execution of the Order will be initiated after the Seller sends the Order confirmation to Customer’s e-mail address, and after the Seller receives a payment confirmation from the billing agent’s system, and shipping will be done immediately after the completion of the Order).

3.    Seller, on the websites of the Online Store in the description of Merchandise, informs the Customer of the deadline on which he or she is obligated to make a payment for the Order. In case there is no payment by the Customer within the period mentioned in the previous sentence, the Seller, after earlier unsuccessful call for the cessation or removal of such breach after determining a relevant deadline, may terminate the Contract of sale pursuant to Article 491 of the Civil Code.

VIII. The right of withdrawal from the contract
1.    The Customer who is a Consumer may withdraw from the Contract of sales without giving any reason in a statement lodged within 14 days. To comply with the deadline, it is only necessary to send it before the deadline.

2.    The Customer may formulate the statement on their own.

3.    14-day deadline is counted from the date on which the Merchandise was delivered, or in case of a contract for the provision of services, from the date of its conclusion.

4.    The Seller upon the receipt of the statement of withdrawal from the contract from the Consumer will send them confirmation of the receipt of this statement to Consumer’s e-mail address.

5.    The Consumer’s right of withdrawal from the contract is exempt in case of:
a.    Provision of services, if the Seller completed the Service in full with the clear consent of the Consumer, who was informed, prior to the provision of that Service, that once the provision is completed by the Seller, Consumer will lose their right to withdraw from the contract;
b.    A contract in which the price or remuneration depends on fluctuations of the financial markets over which the Seller has no control, and which may occur before the deadline of withdrawal from contract;
c.    A contract, the subject of which is a non-prefabricated Merchandise, manufactured according to the Consumer’s specification, or used to satisfy their personalized needs;
d.    A contract the subject of which is a Merchandise that has a short shelf life;
e.    A contract, the subject of which is a Merchandise delivered in a sealed packaging, which after opening the packaging cannot be returned due to the health protection or hygiene reasons, if the packaging was opened after the delivery;
f.    A contract, the subject of which is a Merchandise that after delivery, due to its nature, is inextricably linked with other things;
g.    A contract, the subject of which are alcoholic beverages, the price of which has been agreed at the conclusion of the Contract of sale, and the supply of which can only take place after 30 days, and the value of which depends on the fluctuation in the market, over which Seller has no control;
h.    A contract, where the Consumer explicitly demanded that the Seller would come to him in order to perform urgent repairs or maintenance works; if the Seller additionally provides other services than those, which the Consumer demanded, or provides Merchandise other than the replacement parts necessary for the repair or maintenance, the Consumer has the right of withdrawal from the contract in regard of those additional Services or Merchandise;
i.    A contract, the subject of which are sound recordings, visual recordings, or computer software delivered in a sealed packaging, if that packaging was opened after the delivery; delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
j.    A contract concluded by a public auction;
k.    A contract, the subject of which is the provision of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, events, entertainment, sports, or cultural events, if the day or period of provision of certain service is marked in the Contract;
l.    A contract for the supply of digital content, which is not stored on a tangible medium, if the service provision has begun with the explicit consent of the Consumer before the deadline for the withdrawal from the contract and after having been informed by the Seller about the loss of the right of withdrawal from the contract.

6.    In case of withdrawal from the Contract concluded at a distance, the Contract is considered null and void. What the parties rendered shall be returned unchanged, unless the change was necessary in the ordinary course of business, and in particular to establish the nature, characteristics and functioning of goods. The return should take place immediately, and not later than within 14 days from the delivery. Purchased Merchandise should be returned to the Seller’s address.

7.    The Seller shall promptly, but no later than 14 days from the day of receipt of Consumer’s declaration of withdrawal from the contract, return all payments made by Consumer, including the costs of shipping of the Merchandise. Seller shall return payments using the same method of payment as Consumer, unless the Consumer agrees to another method of return, where that method will not cost the Consumer anything. The Seller may withhold the return of payments received from Customer until the receipt of returned, unless the Seller suggested that he or she will pick the Merchandise up themselves.

8.    If the Consumer has chosen a different method of shipping of the Merchandise than the cheapest one  offered by the Seller, the Seller is not obligated to return the additional cost to the Consumer.

9.    The Customer only bears the direct cost of the return of the Merchandise, unless the Seller has agreed to bear that cost.

IX. Claims regarding the Merchandise under the warranty
1.    The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects under the terms of articles 556 – 576 of the Civil Code.

2.    Claims arising from a breach of the rights guaranteed to the Customer by law, or on the basis of these Terms of use, should be addressed to: Przemysław Nyczaj, Daszyńskiego 91/9, 44-100 Gliwice, Poland or to e-mail address: info@nyczaj.audio, or using the contact form.

3.    To have the claim considered, the Customer should send the Merchandise which is the subject of the claim back to the address indicated in the point 2 above, including a proof of purchase if possible.

4.    The Seller is obligated to consider any claims within 14 days.

5.    In case of deficiencies in the claim Seller will call the Customer to supplement it in the necessary extent immediately, but not later than within 7 days from the date of receipt of the claim from the Customer.

X. Claims regarding the provision of services electronically
1.    The Customer can submit claims to the Seller regarding the functioning of the Store or provision of Services. Claims can be submitted in writing to the following address: Przemysław Nyczaj, Daszyńskiego 91/9, 44-100 Gliwice, Poland or to e-mail address: info@nyczaj.audio, or using the contact form.

2.    In the claim, Customer should provide their name, mailing address, type and description of the problem.

3.    The Seller is obligated to consider any claims within 14 days, and if that is not possible, to inform the customer in that period, when the claim will be considered. In case of any deficiencies in the claim Seller will call the Customer to supplement it in the necessary extent within 7 days from the date of receipt of the claim from the Customer.

XI. Warranty
1.    Merchandise may have the warranty from the manufacturer, Seller, or importer.

2.    In case of the Merchandise under the warranty, information regarding the warranty, its content, and the time for which it was granted is always presented in the description of the Merchandise on the Store’s websites.

XII. Non-judicial means of disputing claims and redress
1.    The Customer, who is a Consumer has, among others, the following capabilities of using extrajudicial means of dealing with claims and redress:
a.    Is entitled to ask the permanent consumer arbitration court operating at the Trade Inspection with a request for the resolution of a dispute that arose from the concluded Contract of sale;
b.    Is entitled to ask the provincial inspector of the Trade Inspection with a request to initiate mediation in order to reach an amicable settlement of the dispute between the Seller and the Customer;
c.    Can receive a free of charge help in the settlement of the dispute between the Seller and the Customer, using the free assistance of a district (municipal) consumer ombudsman or social organization, which statutory tasks include Consumer protection (i.e. Consumer Federation, Association of Polish Consumers). Advice is provided by Consumer Federation under a free of charge consumer helpline (in Poland) 800 007 707 and by the Association of Polish Consumers at e-mail porady@dlakonsumentow.pl;
d.    Can submit their claim via EU’s Internet platform ODR, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection
Personal data provided by the Customers is collected and processed by the Seller in accordance with the applicable law and in accordance with Privacy Policy, which is attached to this Terms of Use as Appendix 3.

1.    The Seller is the administrator of personal data of the Customers / Consumers collected via Online Store.

2.    The personal data of Customers / Consumers collected by the administrator via the Online Store is collected – in accordance with the will of the Customer / Consumer – for the purpose of completing the Contract of sale or the contract for the provision of Electronic Services.

3.    Possible recipients of personal data of Customers of the Online Store:
a.    If a delivery of Merchandise is required, the Administrator provides the Customer's personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
b.    If an electronic payment is required, he Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.

4.    The Customer has the right to access their data, correct them and transfer them. The request in this respect can be made, for example:
a.    In writing to the following address: Przemyslaw Nyczaj, ul. Daszynskiego 91/9, 44-100 Gliwice, Poland
b.    In an electronic form via e-mail to the following address: info@nyczaj.audio

5.    Providing personal data is voluntary, but failure to provide the personal data specified in the Terms of use and Conditions necessary to conclude a Contract of sale or a contract for the provision of electronic Services results in the inability to conclude this contract. The data necessary to conclude a Contract of sale or a contract for the provision of electronic Services are also indicated on the website of the Online Store each time before concluding a given contract.
The administrator of personal data processed in connection with the implementation of the provisions of these Terms of use is the Seller. Personal data is processed for purposes within the scope and on the basis of the principles set out in the Privacy Policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Seller has the right to inspect their content and the right to update and correct them.

XIV. Final provisions
1.    All rights to the Online Store, including copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as forms, logos, logotypes belong to the Seller, and their use can be carried out only in the manner specified and in accordance with Terms of use.

2.    Settlement of any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of art. 22[1] of the Civil Code, is a subject to the relevant courts in accordance with the relevant provisions of the Code of Civil Procedure.

3.    Settlement of any disputes arising between the Seller and the Customer, who is not a Consumer within the meaning of art. 22[1] of the Civil Code, is subject to the competent court for the headquarters of the Seller.

4.    Matters not regulated within this Terms of use shall be governed by the Civil Code, the provisions of the Act on Provision of Services Electronically, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law.

5.    If there are any changes to these Terms of use, each Customer will be informed about them through an information on the home page of the Online Store, containing a summary of changes and the date of their entry into force. Customers with accounts will be additionally informed about the changes and their summary via a message to e-mail address provided by them. The date of entry into force of changes shall not be less than 14 days from the date of their announcement. If the Customer holding an account does not accept the new Terms of use, they are obligated to notify the Seller of this fact within 14 days from the date of notification about the changes to the Terms of use. Lack of acceptance of such changes results in the termination of the contract.