Terms and conditions of the nightingale.eco online store

Specifying, among other things. Rules for concluding sales contracts through the store, including the most important information about the Seller, the store and the rights of the Consumer.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions concerning Buyers who are not Consumers
Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays.
Account – a free-of-charge feature of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can set up his individual Account in the Store.
Consumer – a Consumer within the meaning of the Civil Code.
Buyer – any entity Buyer in the Store.
Regulations – these rules and regulations.
Store – the nightingale.eco online store operated by the Seller at https://nightingale.eco

Pickup point – the point located at the address of Slowinski Feather & Down, Mikorzyn 94c, 62-561 Ślesin

Vendor – entrepreneurs registered in the Central Register and Information on Economic Activity conducted by the Minister of Development and Finance:

1. Romualda Słowińska Przedsiębiorstwo Usługowo-Handlowe, NIP 665-00-14-576, conducting business at Witosa 7, 62-561 Ślesin, NIP 6650014576

§ 2 CONTACTING THE SELLER

1. Postal address: Witosa 7, 62-561 Ślesin
2. E-mail address: kontakt@nightingale.eco
3. Phone: +48 575 855 488

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:
   • Device with Internet access
   • A web browser that supports JavaScript and cookies.

2. For placing an order in the Store, in addition to the requirements specified in paragraph. 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. The prices of goods shown in the Store are the total prices for the goods, including VAT.
2. The Seller notes that the total price of an order consists of the price for the goods indicated in the Store and, if applicable, the delivery costs of the goods.
3. The goods selected for purchase should be added to the shopping cart in the Store.
4. Then the Buyer selects from the available in the Store: the method of delivery of goods and the method of payment for the order, as well as provides the data necessary to complete the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
8. The buyer can register in the Store, i.e. set up an Account therein or make purchases without registration by providing your data with each possible order.

§ 5 PAYMENTS

1. You can pay for your order, depending on the Buyer’s choice:
   1. By ordinary bank transfer to the Seller’s bank account.
   2. Through the payment platform:
      • PayU
   3. By card or cash at the time of personal collection of goods.

2. If the Buyer chooses to pay in advance, the order must be paid for within 3 business days of placing the order.

3. In case of payment by traditional transfer, the payment should be made to the bank account number: 57 1140 2004 0000 3302 7564 2247 (mBank SA) PUH „Słowińscy” Romualda Słowińska, Witosa 7, 62-561 Ślesin NIP: 6650014576. Please write „Order No. …” in the title of the transfer.

4. In the case of payment via electronic payment services, the Customer shall make payment before the Order is processed. Electronic payment services allow payment by credit card or quick transfer from selected Polish banks.

5. The Customer is obliged to pay the price of the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

6. If you choose the payments described in paragraphs 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment.

§ 6 ORDER EXECUTION

1. The seller is obliged to deliver goods without defects.
2. The lead time is from 1-2 business days.
3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after payment.
4. In the case of payment by card, the order processing time is calculated from the moment of positive payment authorization.
5. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
6. Goods are delivered only in the territory of the Republic of Poland.
7. Goods purchased from the Store are delivered depending on which delivery method the Buyer has chosen:
   1. Through a courier company

8. The buyer can pick up the goods in person at the Collection Point during its opening hours.
9. If the Buyer chooses personal pickup, the goods will be ready for pickup on the indicated order completion date, and if the Seller has indicated a date for shipping the goods – on that date.

§ 7 RIGHT OF WITHDRAWAL

1. A consumer who has concluded a distance or off-premises contract  has the right to withdraw from the contract without giving any reason within 14 days, subject to § 8 of the Regulations.
2. The deadline for withdrawal expires after 14 days from the date:
   1. In which the Consumer took possession of the goods or in which a third party other than the carrier and indicated by the Consumer took possession of the goods.
   2. In which the Consumer took possession of the last of the items or in which a third party, other than the carrier and indicated by the Consumer, took possession of the last of the items in the case of a contract that requires the transfer of ownership of multiple items that are delivered separately.
3. In order for the Consumer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
4. The consumer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
5. In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

   CONSEQUENCES OF WITHDRAWAL

6. In the case of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
7. The Seller will return the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with the return.
8. The seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
9. The Seller asks to return the goods to the address: Slowinski Feather & Down, Mikorzyn 94c, 62-561 Ślesin immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiration of the 14-day period.
10. The consumer shall bear the direct costs of returning the goods.
11. The consumer is liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be sent back in the usual way by mail, the consumer will also have to pay the direct costs of returning the goods. The Consumer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer with respect to the contract:
   1. In which the subject of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs.
   2. In which the object of performance is an item that is perishable or has a short shelf life.
   3. In which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
   4. In which the object of performance is things that, after delivery, due to their nature, become inseparable from other things.
   5. In which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
   6. On the supply of daily newspapers, periodicals or magazines, except for a subscription contract.
   7. In which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the deadline for withdrawal.
   8. On the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
2. Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
   1. Submit a statement on price reduction
   2. With a material defect – make a declaration of withdrawal from the contract
   3. Demand a replacement of the item with a defect-free one
   4. Demand removal of the defect

3. The Seller requests that complaints on the basis of warranty be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
4. If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a Consumer at the expense of the Seller, to the address Słowińscy Feather & Down, Mikorzyn 94c, 62-561 Ślesin.
5. If the goods are additionally covered by a warranty, information about it, as well as its terms, is available in the product description in the Store.
6. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
7. The Seller will consider the complaint within 14 days.

   OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

8. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things. z:

1. 1. Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. Free assistance from the city or county consumer ombudsman.
   4. ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its execution, in accordance with the principles set forth in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy posted on the Store.

§ 11 RESERVATIONS

1. It is prohibited for the Buyer to provide unlawful content.
2. Each time an order is placed in the Store, it constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the duration and purpose of the order.
3. Contracts concluded under these Regulations shall be concluded in the Polish language.
4. Nothing in these Regulations excludes or in any way limits the rights of the Consumer under the law.

§ 12 PROVISIONS FOR BUYERS WHO ARE NOT CONSUMERS

1. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer.
2. Any liability of the Seller to a Buyer who is not a Consumer is excluded.
3. In case of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.