Terms and conditions of the online store
- The NB Minerals Internet Store, available at nbminerals.com, is operated by Marcin Łubianka, doing business under the name GRAFMIND Marcin Łubianka, registered in the Central Register and Information on Business Activity (CEIDG), maintained by the Minister of Economy, NIP 9372481957, REGON 243274261.
- These Regulations are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Contracts with the Customer through the Store.
- Consumer – a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity.
- Vendor – a natural person conducting business under the name of GRAFMIND Marcin Łubianka, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, NIP 9372481957, REGON 243274261.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
- Store – online store operated by the Seller at the Internet address nbminerals.com
- Distance contract – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within 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.
- Regulations – these regulations of the Store.
- Order – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
- Account – Customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
- Registration form – a form available in the Store that allows creating an Account.
- Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
- Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the quantity of products.
- Product – a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
- Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood – applying to the characteristics of the Product – as a contract for the provision of services and a contract for work.
- Seller’s address: MAIN STORE (ul. Średnia 63, 43-384 Jaworze – Formaks company headquarters)
- Seller’s e-mail address: email@example.com
- Seller’s phone number: 511 944 465
- Seller’s bank account number 60 1140 2004 0000 3102 7862 1258
- The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
- The Customer may communicate with the Seller by telephone between 8:00 a.m. and 3:00 p.m. (WhatsApp)
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
A terminal device with access to the Internet and a web browser,
active electronic mail (e-mail) account,
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the assortment of the Store 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 Rules and Regulations or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
- Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- 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 transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
- In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
- When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (definitive) price in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
Creating an Account in the Store
- To set up an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following personal information, contact information and shipping address if different from residence.
- Establishing an Account in the Store is free of charge.
- Logging into the Account is done by providing the login and password established in the Registration Form.
- The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
Rules for placing an Order
In order to place an Order, you must:
- log in to the Store (optional);
- select the Product that is the subject of the Order, and then click the “To Cart” button (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration has been selected – fill in the Order Form by entering the data 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 data for the invoice, if different from the data of the recipient of the Order,
- click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.
Delivery and payment methods offered
The customer can use the following methods of delivery or pickup of the ordered Product:
Personal collection available at the address: 23 Towarowa St., 43-110 Tychy
The customer can use the following payment methods:
- Payment by bank transfer to the Seller’s account
Payment by credit card.
3. Detailed information on delivery methods and acceptable payment methods can be found behind the Store’s pages.
Implementation of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
- If the Customer chooses:
- payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
- payment by cash on delivery, the Customer is obliged to make payment upon receipt of the shipment.
- payment in cash upon personal collection of the shipment, the Customer is obliged to make payment upon collection of the shipment within 5 days from the date of receipt of information about the readiness of the shipment for collection.
- If the Customer has chosen a method of delivery other than personal pick-up, the Product will be shipped by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
- A In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or to have all the Products delivered after the entire order is completed.
- The beginning of the period for delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- In case the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.
- In the case of ordering Products with different dates of readiness for acceptance, the date of readiness for acceptance shall be the longest date given.
8. The beginning of the period when the Product is ready for collection by the Customer shall be calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
9. Delivery of the Product takes place only on the territory of Poland.
10. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store under the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
11. Personal collection of the Product by the Customer is free of charge.
Right of withdrawal
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 shall start from the delivery of the Product to the Consumer or a person other than a carrier designated by the Consumer.
- In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
- In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
- The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
- The statement may be sent by traditional mail, or electronically 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 template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
- If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
- In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, 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.
- The Seller will refund the payment 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 incur any costs for him.
- The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
- The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
10. The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
- in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the Consumer or serving to meet his individualized needs,
- in which the subject of the performance is an item supplied in a sealed package, which after opening the package cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery,
- in which the subject of the service is an item that is perishable or has a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller’s performance, he will lose the right to withdraw from the Agreement,
- 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 expiry of the deadline for withdrawal from the Agreement,
- in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
- in which the subject of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract of sale, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
- in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
- for the supply of newspapers, periodicals or magazines, except for a subscription contract,
- for 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 expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract,
Complaint and warranty
- The Contract of Sale covers new Products.
- The Seller is obliged to provide the Customer with an item free from defects.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- The complaint should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
- It is recommended to include in the complaint, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer’s demand in connection with the defect of the goods.
- The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer’s request is considered justified.
- Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
- If a warranty has been granted for a Product, information about it, as well as its content, will be included next to the description of the Product in the Store.
Out-of-court ways of dealing with complaints and redress of grievances
- Detailed information on the Consumer’s ability to use out-of-court methods of processing complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: 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.
- The consumer has the following examples of out-of-court ways of dealing with complaints and claims:
- The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
Personal information in the Online Store
- The administrator of the Customers’ personal data collected through the Online Store is the Seller.
- The personal data of Customers collected by the administrator through the Online Store are collected for the purpose of realization of the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In case of a Customer who uses the Online Store delivery method by mail or courier, the Administrator shall make available the collected personal data of the Customer to a selected carrier or intermediary performing the shipment on behalf of the Administrator.
- In case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.
4. The customer has the right to access and correct the content of his data.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
Online store reviews
1.1.The customer of the Online Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Online Store. The subject of the opinion can also be an assessment, a photo or a review of the purchased product in the Online Store.
1.2.The Seller after purchases made at the Online Store sends an email to the Customer with a request to issue an opinion and a link to an online form for its issuance – the online form allows you to answer the Seller’s questions about your purchases, evaluate them, add your own description regarding the opinion and a photo of the purchased product. If you do not give an opinion after receiving the first invitation to give an opinion, the Seller will resend the invitation.
1.3.An opinion can be issued only by a customer who has made purchases at the Seller’s Online Store.
1.4.Opinions issued by the Customer are published by the Seller in the Online Store and business card <0>TrustMate.io.</0>.
1.5.Issued opinions may not be used by the Client for unlawful activities, in particular, for activities constituting an act of unfair competition against the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
1.6.An opinion may be issued only to the products actually purchased at the Seller’s Online Store. It is prohibited to conclude fictitious/apparent sales contracts for the purpose of issuing an opinion. The author of the opinion can also not be the Seller himself or his employees regardless of the basis of employment.
1.7.Issued opinion can be removed at any time by its author
- Contracts concluded through the Online Store shall be concluded in the Polish language.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
- Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Provision of Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
- The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.