Terms of Use

§ 1

Introductory provisions

1. NuBra Online Store, available at www.nubra.eu, which content is provided, updated and managed by the company Chodacka Sp. Jawna located in Kielce, ul. Starodomaszowska 20/9, 25-315, subject to entry in the Central Register and Information on Economic Activity, NIP 6572930602, REGON 367547174, KRS 0000680970

2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the Store, is continuously available on the website http://nubra.eu/termsofuse/

3. All products offered in the Online Store are free from physical and legal defects and have been legally placed on the Polish market. The products sold in the store are brand new and originally packed.

4. THE CONDITION OF PLACING AN ORDER IN THE ONLINE STORE BY THE CUSTOMER IS TO READ THESE TERMS AND CONDITIONS AND ACCEPT ITS PROVISIONS DURING THE ORDER PROCESSING. 

§ 2

Definitions

1. Consumer – person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.

2. Seller – person running a business under the name of Chodacka Sp. Jawna, entered into CEIDG, the central register of sole traders and Civil Code partnerships kept by the economy minister, NIP 6572930602 REGON 367547174

3. Customer – each entity making purchases through the Store.

4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the legal capacity of which is granted by a separate act, carrying out on its own behalf an economic activity that uses the Store.

5. Store – an online store run by the Seller at the internet address www.nubra.eu, where its users can purchase products offered by the NuBra store via the Internet.

6. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

7. Regulations – these Regulations of the Store.

8. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.

9. Account – the customer’s account in the Store, which contains data provided by the customer and information about orders placed by him in the store.

10. Registration form – a form available in the Store, allowing to create an Account.

11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

12. Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

13. Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

1. Address: ul. Starodomaszowska 20/9, 25-315 Kielce

2. E-mail: nubra@nubra.eu

3. Phone number: +48 883 644 844

4. Seller’s bank account: ING Bank Śląski 89 1050 1416 1000 0092 6313 4745

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph

6. The Customer may communicate by phone with the Seller between 10am and 5pm CET

§ 4

Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, necessary are:

a. terminal device with an access to the Internet and a web browser such as Safari, Internet Explorer, Chrome, Mozilla Firefox etc.

b. active e-mail account (e-mail),

c. cookies enabled,

d. FlashPlayer installed.

§ 5

General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.

2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including the moment of expressing the will to be bound by the Sales Agreement.

§ 6

Creating an Account in the Store

1. To create an Account in the Store, complete the Registration Form. It is necessary to provide the following data: full name, shipping address, e-mail, phone number.

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password set in the Registration Form.

4. The Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

Placing an order

1. When placing an order, please fill in the required fields correctly in accordance with the instructions on the order form, provide the exact address to which the goods are to be sent, e-mail address and telephone number.

2. The customer may place orders 24 (twenty four) hours a day, 7 (seven) days a week throughout the year, via the website www.nubra.eu.

3. The available product size table can be found at: http://nubra.eu/find-your-size/

4. A distance sales contract between the Seller and the Buyer is concluded after the correct completion of the purchasing procedure defined in the order form of the shop system available at www.nubra.eu.

5. To place an order, the Customer should add the product they intend to buy to the “Cart”. Adding a product to the “Cart” is not tantamount to placing an order. Products may be added to or removed from the “Cart”.

6. The customer may change the order by e-mail, or withdraw the order in its entirety, if it has not been sent.

To place an Order:

1. Select the Product that is the subject of the Order, and then click the “Add to Cart” button;

2. Log in or use the option of placing an Order without registration;

3. Fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if different from the recipient’s details;

4. Click the “Buy and pay” button;

5. Choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8.

§ 8

Delivery and payment methods

1. The Customer can use the following payment methods:

– Standard bank transfer

– Przelewy24

– Credit card payment

The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.

2. The payment should be made by bank transfer to the Seller’s bank account: 89 1050 1416 1000 0092 6313 4745.

3. The Customer may use the following methods of delivery or collection of the ordered Product:

– Parcel post

– Courier delivery

4.The shipment is delivered within 7 business days, the time of crediting the funds to the store’s bank account should be added (usually 1-2 business days)

5. Free delivery in Poland when purchasing products worth over PLN 200.

6. The delivery of the ordered goods takes place via a courier company or Polish post office.

7. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9

The sales contract execution

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3. The Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement – otherwise the order will be canceled. The product will be shipped by the Seller within the time specified in its description (subject to paragraph 4 of this section), in the manner chosen by the Customer when placing the Order.

4. The period for delivery of the Product to the Customer starts to run from the date of crediting the Seller’s bank account.

5. If the Store is unable to complete the order due to the unavailability of the ordered product, it will immediately notify the Customer, but not later than within 7 days from the date of placing the order by the Customer, and if he has received the payment, he will return the entire sum of money received from the Customer.

6. If the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.

7. The beginning of the period of the Product being ready for collection by the Customer is counted from the date of crediting the Seller’s bank account.

8. Product delivery possible within the European Union

9. Delivery of the Product to the Customer is payable, unless the value of the order exceeds PLN 200 and delivery is within Poland. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

10. In the event of not receiving the shipment more than 7 days after the date of its expected delivery, the Customer should report this fact to the Seller via e-mail (e-mail address: nubra@nubra.eu) to start the complaint procedure with the shipper.

§ 10

The right to resign from the contract

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. The time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.

3. The Buyer, when returning the goods, should send the Seller an unequivocal statement of withdrawal from the contract and send the goods in accordance with the following contact details: e-mail: nubra@nubra.eu (Please make a clear note – “RETURN”). The statement should contain information on withdrawal from the contract, order number and date of order / receipt, name and surname of the consumer, consumer’s address, consumer’s signature and date.

4. The consumer needs to send the goods that he wants to return or exchange together with the undamaged original packaging and unbroken protective sticker on the plastic case.

5. If the Consumer withdraws from the contract on the terms described above, he is obliged to return the goods covered by the contract from which he withdrew. The return should be made no later than within 14 working days from the date of withdrawal from the contract, to the following address: ul. Starodomaszowska 20/9, 25-315 Kielce.

6. The Seller may withhold the reimbursement of the payment to the Customer until the Product is returned or the Customer provides proof of its return, depending on which event occurs first.

7. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the time limit specified in sec. 1 runs from the delivery of the last item, batch or part.

8. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.

9. The statement may be sent by traditional mail or by e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the specimen of which constitutes Appendix 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not obligatory.

10. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.

11. Consequences of withdrawal from the Agreement:

a. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.

b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by them, including the costs of delivering the item, except for additional costs resulting from the Consumer’s selected a delivery method other than the cheapest usual delivery method offered by the Seller.

c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.

d. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to them, whichever occurs first.

e. The consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.

f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.

g. The consumer is only responsible for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

12. The customer is responsible for the decrease in the value of the goods as a result of using it in a manner inconsistent with the instructions on the Website

13. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,

b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery,

c. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,

d. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement

e. 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 deadline to withdraw from the Agreement,

f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,

g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,

h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,

i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,

j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract.

§ 11

Complaint and warranty

1. The Sales Agreement regards new Products.

2. The Seller is obliged to provide the Customer with an item free from defects.

3. In case of defected goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.

4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.

5. It is recommended that the complaint include, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.

6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was justified.

7. Goods sent as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.

§ 12

Out-of-court ways of managing complaints and redress

1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection Inspectorates of the Trade Inspection and at the following internet addresses of the Competition and Consumer Protection Office: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:

– The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2018.1930, i.e.), with a request to settle a dispute arising from the Agreement concluded with the Seller.

– The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act referred to in point (a) a, with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.

– The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

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

2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.

3. The recipients of personal data of the Online Store customers may be:

a. In case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

b. In case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the 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 and correct them.

5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

§ 14

Final Provisions

1. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.

2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.

3. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

4. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. Each customer may use extrajudicial means of dealing with complaints and redress. In this regard, it is possible for the Client to use mediation.