Terms and conditions of use

§1

General Provisions

  1. The Online Store [hereinafter referred to as the "Store"] available at www.sklep.pokusa.org conducts retail sales by the Store Owner via the Internet, on the basis of these Regulations [hereinafter referred to as the "Regulations"].
  2. The owner of the Store is NIKOS Sp. z o.o. Sp.k. Wieliczka, Sygneczów 1, EU VAT no.: PL6020094728, email address: sklep@pokusa.org
  3. These Regulations define the rules of using the Store and sales of NIKOS via Store
  4. These Regulations are the regulations referred to in Article 8 of The Act on Rendering Electronic Services 
  5. The Regulations are an integral part of the sales contract concluded with the customer and are available on the Store's website.
  6. Ignorance of the Regulations does not release the customer from compliance with its provisions.
  7. Placing an order in the Pokusa store means acceptance of all the provisions of these regulations.
  8. The prices given in the Store are gross prices (including VAT).
  9. Goods available in the Store are free from physical and legal defects.
  10. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code and allow Customers to familiarize themselves with the main characteristics of the Goods before placing the Order.
  11. The Store may change the assortment of offered Goods at any time.
  12. Contact details of the Pokusa Store: Sygneczów 1, 32-020 Wieliczka, Poland,  sklep@pokusa.org
  13.  (+48) 607 526 952 The Seller's main bank account number 09 1130 1150 0012 1298 8520 0001 The customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph. The Customer may communicate by phone with the Seller between 7:00 and 15:00 [Monday-Friday]
  14. Definitions: a. Customer – a natural person, a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity, which places an Order as part of the Store; b. Ambassador - a natural person, a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity, which places an Order within the Store; Members of the Pokusa Ambassadors Club and the Pokusa Breeders' Club are entitled to special purchase prices visible after logging in. c. Civil Code – act of 23 April 1964 (Dz.U. No. 16, item 93, as amended); d. Regulations – these Regulations for the provision of electronic services as part of the Pokusae Online Store; e. Online Store (Store) – an online service available at www.sklep.pokusa, through which the Customer may, in particular, place Orders; f. Distance contract - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive; g. Order – a declaration of will of the Customer, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.

 

§2
Rules of using the Pokusa Online Store

  1. To use the Store, including browsing the Store's assortment and placing orders, you need: - an end device with access to the Internet and a web browser, - an active e-mail account (e-mail).
  2. The Customer has the option of Registering in the Store, registration in the Store takes place by completing and accepting the registration form, available on one of the Store's websites.
  3. The condition for registration is to agree to the content of the Regulations and provide personal data marked as mandatory, necessary to conclude and implement the Sales Agreement.
  4. After registration in the Pokusa Online Store, the Customer is not allowed to transfer the password to third parties. The Pokusa Online Store is not responsible for orders made by unauthorized third parties to whom the Customer has provided their password or who have gained access to the Customer's account as a result of the Customer's failure to observe the precautionary rules when using the password to the account in the Store.
  5. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  6. Browsing the Store's assortment does not require creating an Account.

§3
Conclusion of a sales contract

  1. Orders, i.e. the conclusion of a Sales Agreement between the Customer and the Seller, can be placed as follows: a. through the form available on the Store's website, b. by phone using the numbers intended for placing orders, available on the Store's website in the Contact tab.
  2. The Customer may place an order after prior registration and logging in to the Store with the data provided in the registration process or without the need to register and log in to the Store.
  3. The condition for the execution of the order is that the customer provides data allowing for verification of the customer and the recipient of the goods. The Store confirms the acceptance of the order by e-mail or phone.
  4. The parties are bound by the information contained on the Store's website at the time of placing the order, in particular: price, characteristics of the goods, its features, elements included in the set, date and method of delivery.
  5. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the customer submits an offer to purchase a specific product.
  6. The Sale Agreement is concluded upon confirmation of the Order by the Seller
  7. The Store is not responsible for an incorrect e-mail address or failure to receive information sent by e-mail about confirming or sending the Order. In each case of placing an Order by the Buyer, the sale will be considered definitive.
  8. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store after prior registration and logging in to the store or without registration and logging in and accepting the Regulations and after the Seller confirms the acceptance of the Order.
  9. An Order placed in the Store is valid for 5 days. If the Order is not collected or paid for within this period and it is impossible to contact the Customer, the Customer receives a notification about the final date of its cancellation.

§4
Payment conditions

  1. The Customer has a choice of the following payment methods made available by the Store under the Sales Agreement:
    a. Payment in cash (only deducted amounts) on personal collection;
    b. Payment by bank transfer to the Seller's bank account: NIKOS sp. z o.o. sp. k. Sygneczów 1, 32-020 Wieliczka, Poland, Bank: Alior Bank, Account no.: PL09 1130 1150 0012 1298 8520 0001; SWIFT: ALBPPLPW,
    c. Fast online payment by e-mail – PayU
    d. cash on delivery
  2. Payment deadline: a. in the case of payment by bank transfer, electronic payments, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Agreement. b. if the Customer chooses payment upon personal collection of the shipment, the Customer is obliged to make the payment upon receipt of products at the Store's headquarters.
  3. The condition for the release of the goods is payment for the goods and transport.

§5
Transport of Orders

  1. The ordered goods are sent via courier companies (courier delivery for prepayment or cash on delivery).
  2. Delivery is available: a. at the price of PLN 14.90 for orders with a total value of products below PLN 149 [in words: one hundred and forty-nine zlotys] on the territory of the Republic of Poland sent via DHL b. at the price of PLN 12.90 for orders with a total value of products below PLN 149 [in words: one hundred and forty-nine zlotys] on the territory of the Republic of Poland sent via InPost to Parcel Locker collection points; c. free of charge for orders with a total value  products over PLN 149 [in words: one hundred and forty-nine zlotys] on the territory of the Republic of Poland. An additional fee for a shipment payable on delivery is PLN 5 [in words: five zlotys] on the territory of the European Union after prior determination of delivery costs.
  3. The term of delivery of the Product to the Customer is from 1 to 3 business days; The Store is not responsible for packages delivered after the deadline due to the fault of the carrier.
  4. In the case of payment by card, the order completion date is counted from the moment of positive authorization of the transaction (receipt of funds to the Store's account).
  5. Shipment takes place after prior payment for the Order placed in the store; the order is ready for shipment is 3 business days.
  6. In the absence of a product or one of the ordered products. the waiting time for the execution of the order may be extended, after prior contact of the Store with the Customer.
  7. In the case of prepaid shipping, when the shipped goods are not delivered to the Customer due to the Customer's fault (incorrect data, failure to collect the parcel from the courier), Client is obliged to cover the cost of re-sending of the product.
  8. In the case of cash on delivery shipment, when the goods sent are not delivered to the Customer due to the Customer's fault (incorrect data, failure to collect the parcel from the courier), Client is obliged to cover the cost of re-sending of the product and handling cost incurred during the first shipment that had not been collected.
  9. If the shipped goods are not delivered to the Customer due to the fault of the Store, the Customer does not cover the costs of re-sending the ordered products.

 

§6
Returns and complaints

  1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified by the law, in particular the Civil Code.
  2. Detailed rules for accepting complaints and returns are described on this page in the "Complaints and returns" section.
  3. General methods of dealing with complaints and claims:

    Detailed information on Consumer Law is available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and web sites 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 exemplary possibilities of dealing with complaints and pursuing claims, apart from court procedures:

    a. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on trade inspection (Journal of Laws of 2014, item 148, as amended), with a request for  resolution of a dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on trade inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (i.e. the Consumer Federation, the Association of Polish Consumers).

§7
Right of withdrawal

  1. Pursuant to the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of 2 March 2000, a customer who is a Consumer has the right to withdraw from the contract.
  2. The Customer who is a Consumer may withdraw from the sales contract without giving reasons by submitting a relevant statement in writing within 14 (fourteen) days from the date of delivery. To meet this deadline, it is enough to send a statement before its expiry.
  3. In the event of effective withdrawal from the sales contract, the contract is considered void. the customer is obliged to return the purchased goods immediately, no later than within 14 (fourteen) days.
  4. Within 14 days of the customer's withdrawal from the contract, the Seller returns the amount paid to the customer.
  5. The customer is not entitled to the right of withdrawal in the cases specified in the Act referred to in paragraph 1 above, i.e. in the following cases:

    a. provision of services commenced, with the consent of the Consumer, before the expiry of 10 days from the date of conclusion of the contract;
    b. concerning audio and visual recordings and recorded on IT data carriers after the Consumer has removed their original packaging;
    c. contracts for benefits for which the price or remuneration depends solely on price movements on the financial market;
    d. benefits with the characteristics specified by the consumer in the order placed by him or closely related to his separate;
    e. services which, by their nature, cannot be returned or the object of which is rapidly deteriorating;
    f. press delivery;
    g. gambling services.

§8
Privacy protection

All information regarding the protection and privacy policy of Customers can be found on the "Privacy Policy" page at: https://sklep.pokusa.org/pl/i/Polityka-prywatnosci/11

 

§9
Intellectual property

It is forbidden to use any materials published on the Store's website (including photos and descriptions of goods) without the written consent of the Store, at least as e-mail consent.

§10
Entry into force and amendments to the Regulations

  1. These Regulations enter into force on the day of publication on the Store's website.
  2. The Store is not obliged to inform the Customer about changes in these Regulations.
  3. Amendments to the Regulations will be published on the Store's website 14 days before the entry into force of the new Regulations.
  4. All orders accepted by the Store Owner for execution before the date of amendment of the Regulations are carried out on the basis of the regulations that were in force on the day of placing the order by the customer.
  5. In the event that the customer does not accept the new content of the Regulations, he is obliged to notify the Store Owner of this fact within 14 days from the date of informing about the change in the Regulations.

§11
Ambasador Sport Club and Pokusa Breeders Club

  1. Members of the Ambasador Sport Pokusa Club and the Pokusa Breeders' Club, after joining a given Club, receive the title of Ambassador.
  2. After confirming the membership, the Ambassador receives individual, dedicated prices visible in the store after logging in to his account.
  3. In the case of creating an account in the store yourself, the prices will be visible in the store up to 2 working days from the date of joining the Club.
  4. If the Ambassador did not have an account in the Pokusa store, it will be created by the Club coordinator.
  5. Placing an order by the Ambassador is the same as placing a regular order in the Pokusa store.

§12
Opinions

  1. By posting a review on the website www.sklep.pokusa.org, under the reviewed product in the "Opinions" tab, the User accepts and agrees to comply with the following points.
  2. Before a review can be published, it must be approved by a moderator. The Store Owner reserves the right to decide on the rejection of the submitted Opinions without the need for argumentation.
  3. The User declares that the Opinion is authorial and is the result of the User's own intellectual work.
  4. The opinion should:- be written in language of the shop  in compliance with the applicable rules of correct language - be a subjective opinion of each user, the store owner is not responsible for their content - contain the name and surname of the person publishing
  5. The opinion will be rejected in a situation where: - its content grossly works to the detriment of the store owner - is a SPAM message - does not apply to the described product - violates applicable law, the rights of third parties, calls for racial, religious, ethnic hatred, etc. and contains fascist, pornographic and generally recognized as vulgar, propagating violence, insulting religious feelings or good manners.- contains advertising content, commercial content- contains links to other websites- violates patent rights, copyrights, trade secrets
  6. At the time of adding the opinion, the person posting it grants the owner of the store (NIKOS Sp. z o.o. Sp.k. Wieliczka, Sygneczów 1 , NIP: 6020094728, email address: sklep@pokusa.org.) an unlimited license for free use, distribution and publication of opinions.
  7. The owner of the store has the right to use opinions on the Internet (posts, advertisements, websites, mailing, commercial and promotional activities and others), durable advertising materials (catalogs, advertisements, leaflets, other banners). The review can be signed with the name and/or surname of the person who posted it.