General provisions
These Terms and Conditions define the general terms and conditions, the manner of providing services by electronic means and the sale of cycling clothing conducted through the www.Nuragesport.com Online Store. The Store is run by Nurage Sport Spółka z ograniczoną odpowiedzialnością at Mysiadło, ulica okrąg 13, 05-500, NIP 1231559423, REGON 528975833, hereinafter referred to as the Seller. Contact with the Seller takes place via: e-mail address: info@nuragesport.com. These Terms and Conditions are continuously available on the www.nuragesport.com website, in a way that allows them to be obtained, reproduced and recorded by printing or saving on a carrier at any time. The Seller informs that the use of services provided by electronic means may be associated with a threat on the part of each Internet user, consisting in the possibility of introducing malware into the Customer's ICT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of occurrence of threats, the Client should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and firewalls.
Rules for using the Online Store
The use of the Online Store is possible provided that the ICT system used by the Client meets the following minimum technical requirements: computer or mobile device with Internet access, access to e-mail, Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later, enabling Cookies and JavaScript in the web browser. Using the Online Store means any action of the Client that leads to the Client's familiarization with the content contained in the Store. The Client is obliged in particular not to: provide and not transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties, use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices, not take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store, using the Online Store in a way that is not inconvenient for other Customers and for the Seller, using any content posted within the Online Store only for their own use personal, use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.
Services
The Seller enables the use of free Services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week. The Seller has the right to organize occasional competitions and promotions, the terms of which will be each time provided on the Store's website. Promotions in the Online Store are not cumulative, unless the Terms and Conditions of a given promotion provide otherwise. In the event of a breach of the provisions of these Terms and Conditions by the Client, the Seller, after a prior ineffective call to cease or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
Procedure for concluding the Sales Agreement
Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude the Agreement, within the meaning of Article 71 of the Polish Civil Code. All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally placed on the Polish market. The condition for placing an Order is to have an active e-mail account. In the case of placing an Order via the Order form available on the website of the Online Store, the Order is placed by the Client to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer submitted in an electronic form is binding on the Client if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Client, which constitutes the Seller's statement of acceptance of the Client's offer and the Sales Agreement is concluded upon its receipt by the Client. The Sales Agreement is concluded in Polish/English/Italian, with the content in accordance with the Terms and Conditions.
Delivery
The Goods are delivered to the address indicated by the Client when placing the Order. The Seller on the Store's website informs the Client in the description of the Goods about the number of Working Days needed to complete the Order. The Seller, in accordance with the Client's will, delivers a receipt or a VAT invoice covering the delivered Goods together with the Goods. If a different period of execution is provided for the Goods covered by the Order, the longest period of the provided period applies to the entire Order.
Prices and Payment Methods
Prices of Goods are given in the given currency (PLN, GBP, DKK, CHF, EUR) at the Customer's choice and include all components, including VAT and other charges. The Client may pay through electronic payment (in this case, the execution of the Order will be commenced after the Seller sends the Client a confirmation of accepting the Order and after the Seller receives information from the settlement agent's system about the payment made by the Client, and the shipment will be made immediately after completing the Order).
Right to withdraw from the Agreement
The Client who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry. The 14-day period is counted from the date on which the Goods were delivered or, in the case of the Agreement for the provision of Services, from the date of its conclusion. The Seller, upon receipt of the statement of withdrawal from the Agreement by the Consumer, shall send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Agreement. The full list of agreements in respect of which Consumers do not have the right to withdraw from the agreement is included in Article 38 of the Act on Consumer Rights. In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed not to have been concluded. What the parties provided shall be returned unchanged, unless the change was necessary to determine the nature, features and functionality of the Goods. The return should be made immediately, no later than within 14 days. The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller returns the payment using the same method of payment as the one used by the Consumer, unless the Consumer agrees to another method of reimbursement, and this method will not involve any cost for the Consumer. The Seller may withhold the return of payments received from the Client until the Seller receives the item back or provides a proof of sending it back, depending on which event occurs first, unless the Seller has offered to collect the item from the Client on its own. If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the costs incurred by the Consumer additional costs. The Client shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
Complaints regarding the provision of services by electronic means
The Client may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be to the e-mail address: info@nuragesport.com. In the complaint the Client should indicate his name and surname, correspondence address, type and description of the problem. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Client within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Client to supplement it to the necessary extent within 7 days from the date of receipt of the request by the Client.
Replacement
Please see section Returns and Refunds
Warranties
In the case of Goods covered by the warranty, information on the existence and content of the warranty and the time for which it was granted is each time presented in the description of the Goods on the Store's website.
Out-of-court methods of resolving complaints and pursuing claims
The Client who is a Consumer has the following possibilities to use out-of-court methods of handling complaints and pursuing claims: he is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement; is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller; may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl; submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Final provisions
All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to forms, logos belong to the Seller, and their use may take place only in the manner specified and in accordance with the Terms and Conditions. Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the competent courts in accordance with the provisions of the competent provisions of the Code of Civil Procedure. Settlement of any disputes arising between the Seller and the Client, who is an Entrepreneur, shall be subject to the court competent for the registered office of the Seller. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply. Each Client will be informed about any changes to these Terms and Conditions through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Clients who have an Account will be additionally informed about the changes along with their summary to the e-mail address indicated by them. The effective date of the amendments will not be shorter than 14 days from the date of their publication. If the Client who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Terms and Conditions. Notifying the Seller of the lack of acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.