Terms and Conditions
This Regulations define the rules for using the online store, in particular placing orders, concluding sales contracts, making payments, delivering goods, as well as procedures for withdrawal from a contract and making complaints. Making a purchase in the store means acceptance of the provisions of these Regulations.
§ 1 General Provisions
- This NILCHIHORSE Online Store Regulations ("Regulations") is issued by WALDER SP. z o.o., hereinafter referred to as the Entity, with its registered office in Pabianice 95-200, ul. Baczyńskiego 36, NIP 7311995402, REGON 100621006.
- The Regulations define the rules for:
· distance selling via the website www.nilchihorse.com
· other functionalities of the website www.nilchihorse.com
- The Regulations are available at any time on the website www.nilchihorse.com
§ 2 Definitions
- Client – appropriately:
- a natural person who is 18 years of age or older and has full legal capacity, performing a legal act directly related to their business or professional activity or,
- a Consumer who is 18 years of age or older and has full legal capacity or,
- a legal person or,
- an organizational unit that is not a legal person, to which special provisions grant legal capacity,
acting on their own behalf in transactions with the Entity available on www.nilchihorse.com;
- Consumer – a natural person acting on their own behalf in transactions with the Entity available on www.nilchihorse.com, not directly related to their business or professional activity;
- Shopping Cart – a functionality of the Service enabling the creation of a list of Goods for an Order;
- Materials – all materials and information, including works under the Act of February 4, 1994, on copyright and related rights, placed by Clients on the Service,
- Order Number – a unique number individually assigned by the Entity to each Order;
- Service – the service operated by the Entity at www.nilchihorse.com, including the online store,
- Good – an item offered for sale on the Service,
- Order – a binding offer made by the Client to the Entity for the sale of the Good specified by the Client at the price indicated on the Service, made using the ordering mechanism available on the Service.
§ 3 Service
- The Service provides the following functionalities:
- placing an Order;
- information on the status and history of Orders;
- communication between the Client and the Entity.
- Use of the Service requires a computer or mobile device with Internet access equipped with the latest available version of Microsoft Edge, Chrome, Firefox, Opera, Safari, or other comparable web browser.
- Use of the Service is free of charge.
- The Client may cease using the Service at any time.
- The e-mail address and phone number provided by the Client during the ordering process or reservation, or during account registration, will be used by the Entity for communication with the Client regarding Orders or other services provided by the Entity electronically.
- The Client may contact the Entity at any stage of placing an Order or after placing an Order, by calling +48 605316392 (standard charge according to the operator's price list).
§ 4 Rules of Service Operation
- The Client may use the Service only for its intended purpose, in compliance with generally applicable law and the Regulations.
- When using the Service, it is forbidden to:
- post or transmit through the Service in any way content that is unlawful or contrary to good morals, including content containing threats, defamation, vulgar content, content contrary to decency, content violating personal rights of an individual, discriminatory content based on, in particular, race, nationality, religion;
- post or transmit unsolicited advertising or promotional content (spam) through the Service;
- introduce to the Service or transmit through the Service elements containing computer viruses or other codes, files or computer programs whose purpose is to interrupt, destroy or limit the functionality of any software or computer hardware or any telecommunications device;
- for the Client to attempt to disrupt or interrupt the operation of the Service, servers or networks;
- gain access to data not intended for the Client;
- violate the security rules for Internet network operation;
- impersonate another person;
- undertake actions violating the good name of the Entity;
- undertake actions violating the privacy and good name of other persons;
- provide false personal data or provide personal data of other persons as their own personal data;
- undertake other reprehensible actions or actions inconsistent with the purpose of the Service;
- use without the consent of the authorized person photos, graphics, and other information contained on the Service.
§ 5 Copyright Subject Matter
- The rights to the Materials, including content, works, and trademarks appearing on the Service, belong to the Entity, Clients, or other Entities and are protected by the provisions of applicable law.
- By placing Materials on the Service, including photos, graphics, or other content constituting works or other subjects of copyright, the Client grants the Entity a gratuitous, non-exclusive license, without territorial and temporal limitations, to the extent necessary for the lawful placement of content on the Service. On this basis, the Entity has the right to:
- in the scope of recording and multiplying content – producing copies of content by a specific technique, including printing, reprographic, magnetic recording, and digital techniques;
- in the scope of trading the original or copies on which the content is recorded – introducing to circulation, lending, or renting the original or copies;
- in the scope of disseminating content in a manner other than specified in points a and b above – public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, and also public sharing of content in such a way that everyone can access them at a place and time of their choosing.
- Only Materials may be placed and published by the Client on the Service that:
- do not infringe the rights or personal interests of the Entity or third parties;
- are free from legal defects;
- whose use by the Entity will not infringe the rights or legally protected interests of third parties;
- are consistent with applicable law.
- The Entity removes Materials placed by the Client in violation of point 3 above.
- By placing Materials on the Service that constitute works or other subjects of copyright, the Client permits the Company to exercise its derivative rights to these works, in particular to change the size of graphic works to adapt them to the requirements of the Service.
- All materials (content, texts, illustrations, photos, etc.) presented in the store within the domain: www.nilchihorse.com are subject to copyright and are protected by the Act on Copyright and Related Rights.
- Copying, processing, distributing these materials in whole or in part without the author's consent is prohibited.
§ 6 Goods and Prices
- Information about Goods, their descriptions and parameters, including technical and functional ones, found on the Service, constitute an invitation to enter into a contract.
- The Entity may change descriptions and prices of Goods without prior notice. Changes are not binding for Orders placed before the change.
- The prices of Goods visible on the Service are gross prices stated in Polish złoty. Prices do not include the costs of Goods delivery. Delivery costs are provided separately when placing an order.
§ 7 Orders
- To make a purchase, Goods must be added to the Shopping Cart.
- An Order can be placed from an Account or as an unregistered Client by providing an email address and phone number. An Account can also be registered during the Order placement process.
- After completing the Order, the Client specifies the payment method for the Order from among the mechanisms provided by the Entity. Changing the payment method after placing the Order is not possible.
- Before accepting the Order, the Service presents the Client with all Order information to check the correctness of the Order.
- The Company promptly confirms the Order by email after the Client has paid the Order amount. The confirmation includes the Order number, Goods, quantity, price, payment method, and payment deadline. Before confirming the Order, the Entity may contact the Client by phone to determine the details of the Order.
- The Order is binding for the Client and the Entity from the moment of receiving the Order confirmation and constitutes the conclusion of a sales contract with the content specified in the Order, Regulations, and legal provisions.
- If the Buyer chose upfront payment for the order (i.e., fast online transfer, payment cards), the Seller will proceed with the order immediately after payment. The maximum processing time for each order is up to 72 hours from the moment it is placed.
- Orders are recorded and secured by the Entity and are made available to the Client upon their documented request.
- Article 661 §1-3 of the Civil Code does not apply to Orders placed by Clients who are not Consumers.
§ 8 Payments
- The Entity accepts cashless payment for the Order, via methods supported by the Service's payment service provider.
- The Client is transferred to the website or application of the Service's payment service provider to pay for the Order. The Entity confirms receipt of payment by email.
- Payments and refunds are made by paying the nominal sum expressed in Polish złoty. If the refund is made to an account or payment instrument held in a foreign currency, any currency conversion costs shall be borne by the Client.
- By accepting these Regulations, the Client requests the issuance of an invoice documenting the sale made to them, in accordance with Article 106b(3) of the Act of March 11, 2004, on Value Added Tax, unless the obligation to issue an invoice arises by operation of law.
- By accepting the Regulations, the Client agrees to the issuance and transmission by the Company of electronic invoices in a manner that guarantees the authenticity of their origin and the integrity of their content, in PDF format to the email address provided by the Client when placing the order, in accordance with Article 106n(1) of the Act on Goods and Services Tax. The above does not exclude the possibility for the Company to send invoices in paper form to the address indicated by the Client, especially in the event of unavailability of the electronic invoice transmission system.
- If payment is not received within 48 hours, the order will be canceled.
§ 9 Complaints
- All Goods available in the Store come from the Seller and are original.
- The Seller is obliged to deliver Goods without defects. The Client has the right to submit a complaint if the delivered Good is found to be non-compliant with the contract, especially if the purchased Good turns out to be damaged or does not start.
- A Consumer may submit a complaint in writing to the address: WALDER SP. z o.o. ul. Baczyńskiego 36 95-200 Pabianice or by email to: contact@nilchihorse.com
- The Seller will respond to the complaint within 14 days of receiving it and will provide feedback in the same form as it was submitted.
- In the event of a complaint being resolved in favor of the Client, the reimbursement of costs will be made in a manner agreed upon with the Client, within 14 working days from the day the Client is informed of the complaint's resolution in their favor.
§ 11 Withdrawal
- A Consumer who has concluded a distance contract with the Entity has the right to withdraw from the contract without stating a reason within 14 days from the date of concluding the contract.
- The Seller informs about the impossibility of exchanging a voucher for cash after purchase. At the same time, the Seller also reserves the right not to pay out any unused voucher amount.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to contracts for the supply of digital content not stored on a tangible medium, if the performance has begun with the Consumer's explicit consent before the expiry of the withdrawal period and after the entrepreneur has informed them of the loss of the right to withdraw from the contract.
- The right to withdraw from the contract does not apply to personalized Products, i.e., those made to the Consumer's individual order according to their specifications (e.g., dimensions, inscriptions, configurations, markings), which, due to their nature, cannot be re-offered for sale.
- To withdraw from the contract, the Consumer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement sent by post or courier or by email to contact@nilchihorse.com.
- The cost of delivering the returned product shall be borne by the Consumer.
- The Consumer may use the model withdrawal form which constitutes Appendix No. 1 to the Regulations.
- In the event of withdrawal from the contract, the Seller shall refund to the Consumer all payments received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal from the contract.
- In the event of return of damaged packaging of the goods or product, the Seller has the right to deduct the value of the damaged part of the goods from the refund.
§ 12 Consumer's Liability for Diminished Value of Goods
- The Consumer is liable for any diminished value of the Product resulting from handling it in a way other than what is necessary to establish its nature, characteristics, and functioning.
- In the event of withdrawal from the contract, the Seller has the right to reduce the amount refunded to the Consumer by an amount corresponding to the determined diminished value of the Product.
- The diminished value of the Product may result in particular from:
- damage, scratches, or soiling of the Product,
- use of the Product beyond its ordinary inspection,
- lack of complete equipment or accessories,
- damage, destruction, or absence of the original packaging, if such packaging is an essential element of the Product or affects its possibility of further sale.
- The reduction in the value of the Product is made proportionally, taking into account the degree of wear and the possibility of re-introducing the Product for sale.
- The Seller informs the Consumer about the determined diminished value of the Product and the amount of the refund reduction.
§ 13 Processing of Personal Data
- The administrator of the Client's personal data is WALDER Sp. z o.o. with its registered office in Pabianice.
- The Client's personal data may be processed based on:
- the necessity for the performance of a contract or to take steps prior to entering into a contract (Article 6(1)(b) GDPR), separately for the purpose of:
- placing and fulfilling Orders;
- placing Orders;
- registering a Client account;
- a legal obligation in connection with the performance of the contract (Article 6(1)(c) in conjunction with Article 6(1)(b) GDPR) for the purpose of handling submitted complaints;
- the legitimate interest of the Administrator (Article 6(1)(f) GDPR), separately for the purpose of:
- marketing of the Administrator's products and services;
- conducting customer opinion surveys, based on answers provided in a questionnaire, where the legitimate interest is to improve the quality of service and services provided;
- contacting the Client in connection with the provision of services to them;
- providing information, where the legitimate interest is customer care and answering questions;
- pursuing claims related to the concluded contract, where the legitimate interest of the Administrator is the ability to pursue and protect against potential claims;
- a legal obligation (Article 6(1)(c) GDPR) for the purpose of fulfilling obligations arising from legal provisions, including accounting and tax obligations.
- Data will be transferred to entities processing them on behalf of the Administrator, in particular entities related to the Administrator (e.g., WALDER SP. z o.o. with its registered office in Pabianice), as well as entities providing IT, accounting, legal advisory, and marketing services, only for the purpose and to the extent necessary for the implementation of the aforementioned purpose.
- Personal data will be stored for the duration of the Account's operation, as well as the time necessary for the performance of the electronic services contract concluded within the Service and the fulfillment of Orders. Personal data will also be processed for a period allowing for the consideration of complaints, including storage until the claims expire or the archiving obligation resulting from legal provisions expires, in particular tax and accounting regulations.
- The Client has the right to access their personal data, rectify it, erase it or restrict its processing, the right to object to further processing (if the basis for processing is the Administrator's legitimate interest), the right to data portability, and the right to lodge a complaint with the President of the Personal Data Protection Office.
- Providing personal data during registration or using services provided by the Administrator is voluntary, but necessary for concluding the contract and achieving the processing purposes.
- Detailed information regarding the processing of personal data by the Administrator can be found in the Privacy Policy. Contact regarding personal data protection is possible using the address: contact@nilchihorse.com
§ 14 Other Provisions
- The Entity is entitled to unilaterally amend the Regulations in the event of:
- organizational or legal changes on the part of the Entity,
- changes in applicable laws affecting the Service,
- changes in the functionality of the Service, provided that the changes to the Regulations are aimed at adapting the content of the Regulations to its functionality.
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