Regulations of the Online Store

§ 1

[GENERAL PROVISIONS]

  1. These Regulations define the rules for making purchases in the Nanomax.co – https://nanomax.co/ online store operated by VAIA Prosta Spółka Akcyjna with its registered office in Bielsko-Biała, Jana Szajtera nr 2G/2, 43-300 (Bielsko-Biała), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under the KRS number 0001028004, REGON 524867727, NIP 5472237249, e-mail address: contact@nanomax.co.
  2. The terms used herein shall have the following meaning:
    1. Customer – a natural person (with full capacity to perform acts in law) or a legal person who has made a purchase or intends to make a purchase in the Nanomax.co online shop. The Customer may be both a consumer and an enterprise,
    2. Seller – VAIA Prosta Spółka Akcyjna with its registered office in Bielsko-Biała, Jana Szajtera nr 2G/2, 43-300 (Bielsko-Biała), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under the KRS number 0001028004, REGON 524867727, NIP 5472237249, e-mail address: contact@nanomax.co,
    3. Store – an online store maintained by the Seller at https://nanomax.co/,
    4. Consumer – in accordance with the Polish Civil Code of April 23, 1964 – a User who as a natural person performs an act in law not directly related to their business or professional activity. Within the meaning of these Regulations, a Consumer shall be also an entrepreneur running a one-man business who enters into contracts which do not have a professional nature arising from the subject of its activity;
    5. User Account – an account in the Shop, assigned to the relevant Customer, containing data provided during registration,
    6. Regulations – this document along with all annexes.
  3. The shop offers home chemical products for retail sale via the Internet. The aforementioned products are available via the Shop in the form of finished goods. 
  4. Detailed information on products can be found at https://nanomax.co/ and are provided by e-mail by sending an e-mail message to the e-mail address of the Seller.
  5. The Customer may contact the Seller by mail at the address indicated in item 2b, by e-mail at: contact@nanomax.co and at telephone number: +48 12 400 44 00.

§2

[TERMS OF SERVICE]

  1. In order to place an order via the Shop, the Customer must meet the following technical requirements:
    1. have a computer, laptop, or any other device connected to the Internet;
    2. have access to email;
    3. use a web browser (it is recommended to use the latest version),
    4. use a minimum screen resolution of 1024×768,
    5. enable the option to save cookies in the web browser.
  2. The online shop provides access to online services in the form of:
    1. Account registration and maintenance of the User’s Account,
    2. an order form,
    3. a contact form,
    4. Newsletter.
  3. The Shop does not charge any fees for the performance of the aforementioned services.
  4. The aforementioned services are provided for an indefinite period of time. The Customer may cancel a given service at any time, without giving any reason, by sending an appropriate e-mail message to the e-mail address of the Seller. The Customer may withdraw, without giving any reason, from the contract for the provision of any of the services within 14 days from the date of placing the order the way specified above.

§3

[CONCLUSION OF CONTRACTS]

  1. The contract is concluded between the Seller and the Customer.
  2. All prices specified on the Shop’s website shall be gross prices (including VAT) expressed in euro. The prices of products shall not include shipping costs.
  3. If it applies to a product, the Seller shall exercise due diligence to ensure that the photos of the products reflect their color, character, texture and condition. The colors of the products in the photos, in view of, among other things, the different resolution, calibration and brightness of the screen of the Buyer’s computer on which the photos are displayed or the use of flash, may differ slightly from reality. For this reason, the Shop includes a description of the product and its color. Should there be any doubts, please first contact the Seller.
  4. Orders can be placed via the Shop’s website using the Order Form (without registration) or using a User Account. The Seller shall not conduct sales by phone or e-mail.
  5. In order to make a purchase, the Customer shall select products that interest them in the Shop by clicking an appropriate button. After the Customer is done selecting products, they move to the tab where they can select the product delivery method and the payment method.
  6. Afterwards, the Customer shall click “Order and pay” button, which shall redirect the Customer to the webpage containing information on the order performed. This information includes, but is not limited to, main features of ordered goods, total price including taxes and shipping costs, the Customer’s data as entered on the order form.
  7. In order to place an order, the Customer shall confirm the order by clicking “Order and pay” button below order summary.
  8. By clicking “Order and pay” button, the Customer shall declare to be aware of making an order with obligation to pay.
  9. A sale contract shall be concluded when the Customer confirms the placement of the order, i.e. upon clicking the “Order and pay” button.
  10. Once the Customer has placed an order, the Seller sends an e-mail confirming the order for processing along with the order details, which include, among others: specifying the main features of the ordered goods, the order completion date, indicating the total price including taxes and delivery charges, presenting the Customer’s personal data provided in the order form.
  11. The concluded contract shall be stored, secured and made available by:
    1. making these Regulations available on the Shop’s website,
    2. recording the contents of the contract in the Shop’s IT system,
  12. sending the message referred to in sec. 10 above.
  13. The Seller reserves the right to refuse to complete the order under the sale contract, if contact and address information of the Customer is false.

§4

[PAYMENT DUE DATES AND METHODS]

  1. The website offers the following forms of payment for the order:
    1. ………
  2. The payment intermediary is the provider of the Stripe tool.
  3. The Customer is required to make payment within 7 calendar days from the date of purchase. 
  4. If it is necessary to refund funds for a transaction made by the Customer, the Seller shall effect the return to the same payment instrument using which the Customer made the payment.

§ 5

[PRICES AND PROMOTIONS]

  1. For the purposes of this section, the following terms shall be given the following meanings:
    1. Price – the amount of gross remuneration (including applicable taxes) due to the Seller for the sale of the product, specified in euros,
    2. Lowest Price – the lowest Price that was in effect during the 30 days prior to the introduction of the Price reduction or that was in effect during the period from the date of commencement of offering this product for sale until the date of introduction of the reduction (when the product is offered for sale for less than 30 days). 
  2. The Seller reserves the right to change the Prices of the products posted on the Shop’s website. The Prices of the products in the sales contract concluded with the Customer before the changes remain binding on the Customer.
  3. The lowest price shall be given in each case of information on price reduction, in addition to information on reduced Price, in accordance with Article 4(2) and (3) of the Act of May 9, 2014, on Price Information of Goods and Services (Journal of Laws of 2019, item 178).
  4. Prices on the Shop’s website:
    1. include all applicable duties and taxes,
    2. do not include delivery costs (delivery of the product to the Customer), which are determined separately.
  5. The cost of delivery of the products is presented on the shopping cart subpage when selecting the delivery method and depends on the value of the ordered products, the method of payment for the products and the method of delivery of the ordered products selected by the Customer.
  6. Products sold in the shop can only be paid for in Euro currency.

§ 6

[DELIVERY METHODS AND COSTS]

  1. The Customer shall bear the costs of delivery of ordered products to the place of destination.
  2. Products are delivered to the specified address within the European Union. Fees for product delivery shall be indicated in the panel and in the e-mail message confirming acceptance of the order.
  3. The Seller offers the following product delivery methods:
    1. courier service,
    2. by one of the suppliers to parcel machines.
  4. Order completion time is up to 5 business days from the moment when payment for ordered goods is credited to the Seller’s account. Delivery time is indicated in the tab for the product.

§ 7

[RIGHT TO WITHDRAW FROM THE CONTRACT]

  1. The provisions set forth in this Article shall constitute powers granted exclusively to a Customer who is a Consumer.
  2. The Consumer shall have the right to withdraw from a contract concluded with the Seller within 14 days from the day on which the parcel is received or the goods are accepted in person, without the need to state a reason for withdrawal.
  3. The Customer may submit a declaration of withdrawal using the withdrawal form at the end of the regulations to the contact e-mail address: contact@nanomax.co.
  4. Submitting the statement of withdrawal from the contract without using the form does not influence the effectiveness of the withdrawal. In order for the statement to be effective, it must be sent prior to the expiry of the time limit mentioned above.
  5. The Seller shall immediately confirm acceptance of the statement of withdrawal from the contract by e-mail (to the address provided when placing the order).
  6. The Consumer should return ordered products within 14 days from the date of sending the statement of withdrawal from the contract to the Seller.
  7. Should the statement of withdrawal from the contract be sent, the contract is deemed invalid.
  8. The Consumer shall bear all direct costs of returning ordered products.
  9. The Consumer shall bear liability for damages for any diminished value of the goods where this diminished value results from using the goods in a manner exceeding beyond what is necessary to establish the nature, characteristics, and functionality of the goods, such as cleaning costs, component repair costs, label replacement costs. In order to determine the nature, characteristics and functionality of the goods, the Consumer must handle and check the goods in the same way as they would be able at a brick-and-mortar store.
  10. The Seller shall immediately, within 14 calendar days after receiving the statement of withdrawal from the contract at the latest, return all payments made by the Consumer, including product delivery costs (excluding additional costs associated with the delivery method selected by the Consumer other than the cheaper standard delivery method offered by the Shop), to the Consumer. The Seller shall return the payments using the same payment method as was used by the Consumer, unless the Consumer expressly agreed to another payment method.
  11. The Seller may withhold the return of payments received from the Customer until they have received the Product back or until the Consumer has supplied proof that they have sent it back.
  12. The right of withdrawal does not apply to the contract:
    1. in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    2. in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other goods.

§8

[LIABILITY FOR CONFORMITY OF PERFORMANCE WITH CONTRACT

COMPLAINT PROCEDURE]

  1. The Seller is obliged to provide services and goods in accordance with the contract. The Seller has a legal obligation to deliver goods without defects.
  2. The rules on the Seller’s liability to the Consumer under contracts that require the transfer of ownership of the goods to the Consumer are governed by Chapter 5a of the Act of May 30, 2014, on Consumer Rights.
  3. In terms of complaints, the Consumer may exercise the rights granted to him by the provisions of the Act of May 30, 2014, on Consumer Rights, among other things, for non-compliance of the goods with the sales contract.
  4. The Seller shall be liable to the Consumer for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time, unless the shelf life of the goods, as indicated by the Seller, is longer. Before the expiration of the above deadline, the Consumer may notify the Seller of the finding of non-compliance by sending an appropriate message using one of the means of contacting the Seller referred to in §1.5.
  5. The Seller confirms the receipt of the complaint and calls on the Consumer to immediately deliver the non-conforming goods to the Seller, in order to respond to the complaint.
  6. If the complaint is rejected, the goods shall be sent back along with a statement on why the complaint is not valid.
  7. If the Seller does not respond to the Customer’s complaint within 14 calendar days from the date of delivery of such complaint, it shall be assumed that the Seller has accepted the Customer’s complaint and claims.
  8. A Customer, who is not a Consumer may exercise his or her rights from the Seller under the warranty for defects, under the terms of Article 556 et seq. Civil Code. The Seller is responsible to the Customer, who is not a Consumer, if the sold product has a physical or legal defect (warranty).
  9. The Seller is liable under the warranty, if the physical defect is discovered before the expiration of two years from the date of delivery of the goods to the Customer, who is not a Consumer.
  10. A Customer, who is not a Consumer loses warranty rights, if he did not examine the item in the time and manner accepted for items of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later – if he did not notify the Seller immediately after its discovery.
  11. The goods are not covered by warranty.

§ 9

[CONTRACTS CONCLUDED WITH ENTERPRISES PLACING ORDERS FOR PROFESSIONAL PURPOSES]

  1. The provisions set forth in this Article shall apply exclusively to contracts concluded with Customers who are enterprises placing an order for professional purposes.
  2. Placing an order on behalf of a legal person or an organizational unit without legal personality shall be equivalent to submitting a statement that the person placing the order is authorized to represent the entity on whose behalf they are placing the order. Placing the order without a relevant authorization shall result in the liability of the persons placing the order for any and all damages arising from that fact.
  3. The entrepreneur is under an obligation to examine the package delivered by courier in a customarily accepted way and, upon identifying any product defect or damage, perform any actions necessary to determine the liability of the courier.
  4. The Seller reserves the right to terminate the contract concluded with an enterprise within 14 days from the date of its conclusion without the need to state a reason for termination.
  5. Any and all disputes arising in connection with the performance of the contract concluded between the Seller and the Entrepreneur shall be settled by the competent court having jurisdiction over the registered office of the Seller.

§10

[NON-JUDICIAL DISPUTE RESOLUTION]

  1. In order to resolve a dispute arising in connection with purchases made in the Shop, the Consumer shall have the right to request assistance from the following institutions by bringing a case to a common court of law:
    1. a permanent amicable consumer court referred to in the Act on Trade Inspection of December 15, 2000, by filing a motion to settle a dispute arising from the sales contract;
    2. the Voivodeship Trade Inspection Authority, by requesting to initiate mediation proceedings in order to resolve the dispute amicably;
    3. the district or municipal consumer ombudsman or a social organization protecting consumer rights.
  2. Detailed information on possible non-judicial dispute resolution and available procedures shall be provided in registered offices and at websites of institutions such as the Trade Inspection Authority, municipal consumer ombudsmen, social organizations protecting consumer rights and the Office of Protection Competition and Consumers.
  3. Online dispute resolution platform for consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual webpage with a comprehensive service point for consumers and entrepreneurs seeking non-judicial settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§ 11

[FINAL PROVISIONS]

  1. The Seller reserves the right to amend these Regulations at any time due to changes in applicable law or changes in contract conclusion and performance methods. The amendments mentioned above shall not affect placed, performed or completed orders and contracts.
  2. To any matters not regulated herein, the provisions of the generally applicable law, in particular the Act of April 23,1964 – the Civil Code and the Act on Consumer Rights of May 30, 2014 shall apply.
  3. The Regulations shall be effective as of ………………………

[CONTRACT WITHDRAWAL FORM]

AddresseeAddress
I / We (*) hereby inform that I / We (*) withdraw from the contract for the sale of the following items:
Product namePrice
Total
Contract execution date
Date of products collection
First name and surname
Address of the consumer(s)
Date and signature

Main Menu