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Terms & conditions

Before you begin using an on-line shop www.neness.pl Service Users are required to read and understood this the Terms & Conditions.
TERMS & CONDITIONS OF THE ON-LINE SHOP
WWW.NENESS.PL/ENG/

I. General terms
II. Definitions
III. Type and scope of electronic services
IV. Terms and conditions of providing services and concluding contracts for provision of
electronic services
V. Terms and conditions of concluding sales contracts
VI. Payment method
VII. Price, products delivery date and delivery methods
VIII. Terms and conditions of termination of contracts for provision of electronic services
IX. Complaints procedure
X. Right of withdrawal from a contract
XI. Intellectual property rights
XII. Final provisions

I. GENERAL TERMS
1. The on-line shop www.neness.pl is run by Mariusz Kubiak, conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK entered into the Business Activity Central Activity and Information Record of the Republic of Poland run by the Polish Ministry of Economy, an address of conducting a business and an address of delivery: 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665, e-mail address: biuro@neness.pl, phone 730 738 873
2. The www.neness.pl shop works on the rules described in these Terms and Conditions.
3. The Terms and Conditions specifies types and a scope provided by electronic means by www.neness.pl Shop, rules of providing these services by electronic means, conditions of concluding and termination of contracts for providing services by electronic means and Product Sales Contracts, as well as complaint procedures.
4. Every Service User at the moment of taking actions aiming at using the Electronic Services of the www.neness.pl Shop, is obliged to observe provisions of these Terms and Conditions.
5. A condition under which a Customer placing an Order in the Shop is reading and understanding these Terms and Conditions and accepting their provisions while placing an Order.
6. The www.neness.pl shop provides retail sales and wholesale activity of Products, via the Internet within area of Poland and in the countries of the European Union.
7. Products offered in the Shop are new, free from legal defects, and has been legally introduced on the Polish market.
8. All trade names, product names, firm names and their logos used on the Shop web site under www.neness.pl are owned by their owners and are used to only in the identification purposes. They can be registered trademarks. All materials, descriptions and photos presented on the Shop web site under the www.neness.pl used in the informational purposes.
9. In the cases not regulated in these Terms and Conditions are applicable provisions: Act on the services provided by electronic means of 18 July 2002 (Journal of Laws No 144, item 1204, as mended), Act on onsumer Rights (Journal of Laws No 2014, item 827), Civil Code Act of 23 April 1964 (Journal of Laws No 16, item 93, as amended) and other appropriate provisions of the Polish Law.
II. DEFINITIONS
1. WEEK DAY – any of the days of the week from Monday till Friday excluding public holidays.
2. REGISTRATION FORM – a form available on the www.neness.pl web site allowing to create an account.
3. ORDER FORM – a form available on the on the www.neness.pl web site which allows to place an Order.
4. CONSUMER – a natural person, who performs with an entrepreneur a legal act not connected directly with his/her business and professional activity.
5. CUSTOMER – A Service User who aims to conclude or has concluded a Sales Contract with a Seller.
6. ACCOUNT – identified with an individual name (login) and a password, a collection of resources in the ICT system of the Service User in which data of the Service User are collected including data about Service User, including information about placed Orders.
7. TERMS & CONDITIONS – these Terms & Conditions of the Shop.
8. SHOP – an on-line Shop of the Service User conducting activity under the address www.neness.pl
9. SELLER, SERVICE USERMARIUSZ KUBIAK conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665.
10. PRODUCT – a movable thing available in the Shop which is a subject of Sales Contract between a Customer and a Seller.
11. SALES CONTRACT – a Product Sales Contract concluded between a Customer and a Seller through a Shop.
12. SERVICE USER – a natural person, a legal person or an organisation entity without a legal personality, to which an act admits a legal capacity using the Electronic Service.
13. ELECTRONIC SERVICE – a service provided by electronic means by the Service User to the benefit of the Service User through a Shop.
14. ORDER – a Customer’s declaration of will which is an offer to conclude a Product Sales Contract with a Seller.
15. NEWSLETTER – the Electronic Service enabling a Service User subscribing and receiving at the address given by a Service User free of charge e-mails from a Service User, regarding products available in the Shop.
III. TYPE AND SCOPE OF THE ELECTRONIC SERVICES
1. A Service Provider enables using, through the Shop, the Electronic Services such as:
a. concluding the Product Sales Contracts,
b. run an Account in the Shop,
c. using a Newsletter.
2. Providing the Electronic Services to the benefit of Service Users in the Shop takes place on the conditions described in the Terms and Conditions.
3. A Service Provider has a right to publish advertising content on the web site. These contents are an integral part of the Shop and materials presented on it.
IV. CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR PROVIDING ELECTRIC SERVICES
1. Providing the Electronic Services described in chapter 3, point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. A period for a contract is concluded:
a. A contract for providing the Electronic Services relying on running an Account in the Shop is concluded for the indefinite period.
b. A contract for providing the Electronic Services relying on providing an Account in the Shop is concluded for the indefinite period
c. A contract for providing the Electronic Services which relies on enabling to put an Order in the Shop concluded for the definite period and is terminated at the moment of placing an Order or termination of its submission by the Service User.
d. A contract for providing the Electronic Services which relies on using the Newsletter concluded for the indefinite period.
3. Technical requirements necessary to cooperate with the ICT system which uses the Service provider:
a. A computer with the Internet access,
b. An access to the electronic mail,
c. A web browser,
d. Enabling Cookies and JavaScript in the web browser.
4. A Service Provider is obliged to us the Shop in a manner consisted with the law and accepted principles of morality taking into account infringements of moral rights of third persons.
5. A Service Provider is obliged to provide data true and with the conformity with actual circumstances.
6. A Service Provider is prohibited to provide unlawful contents.
V. TERMS AND CONDITIONS OF CONCLUDING SALES CONTRACTS
1. Information on the Shop web sites does not constitute an offer in the meaning of the laws. A Customer by submitting an Order, submits a purchase offer of the specified Product on the conditions given in its description.
2. A Seller informs that perfumes are sent in bottles of 22 ml, so called sticks.
3. In the case of unavailability of a part of all Products comprising an Order, a Customer is informed about by an e-mail or by a phone and is asked to make a decision on further realisation (cancelling an Order, realised without lacking Products, longer awaiting for a realisation, a choice of another Product instead of the lacking one).
4. A Product Price is indicated on the Shop web site is given in Polish zloty (PLN) and comprises all components, including VAT, duties and all other components. A price does not comprise delivery costs.
5. A Product Price is indicated on the Shop web site is binding at the moment of submitting an Order by the Customer. A Price will not be changed regardless price changes in the Shop, which may occur in relation to relative products after submitting an order by the Customer.
6. In order to place an Order, a Customer is not obliged to register an Account in the Shop.
7. Order can be submitted:
a. through the web site using an Order Form (The www.neness.pl Shop) – 24 hours around a clock.
b. through an e-mail at: biuro@neness.pl
c. by phone at number: 730 738 873
8. The Shop realises Orders submitted from Monday till Friday in the working hours of the Shop that is from 9:00 a.m. till 5 p.m. Orders realised on the working days after 5 p.m., on Saturdays, Sundays and holidays will be considered on the next Working Day.
9. Concluding of the Sales Contracts.
a. To conclude, a Sales Contract, it is necessary a previous submitting by the Customer an Order by the means shared by the Seller.
b. After submitting an Order a Seller, without undue delay confirms its receiving what causes binding a Customer by its Order. A confirmation of receiving an order is done by sending an e-mail, which comprises:
 Confirming all significant elements of an Order,
 A Shop declaration on receiving an order,
 A Shop declaration on accepting an Order,,
 A Shop declaration on the right to withdraw from the Contract,
 An information about a right to withdraw from the Contract,
 These Terms and Conditions.
c. Upon receipt by a Customer an e-mail, referred to in the point 9 a Sales Contract between a Customer and a Seller is concluded.
10. Every Sales Contract will be confirmed by a proof of purchase (a cash register receipt or a VAT invoice) which will be attachment to the consignment.
VI. METHODS OF PAYMENT
1. A Seller provides the following methods of payment:
a. A payment by the bank transfer on the Seller’s bank account,
b. A payment with COD option with so called cash on delivery,
c. A payment through electronic payment services.
2. In the case of the payment by the bank transfer, a payment shall be made on the bank account No 53 1050 1403 1000 0092 1239 4044 ( ING ) PERFUMERIA NENESS MARIUSZ KUBIAK, 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): . In the transfer title one should enter “Order No……..”
3. In the case of the payment with COD option a consignment is shipped after verification of the correctness of the address data.
4. In the case of the payment through electronic payment services. A Customer makes a payment prior to beginning a realisation. The electronic payment services enable to make a payment using a credit card or a quick bank transfer from the chosen Polish bank. A Product will be sent only after making a payment.
5. A Customer shall make a payment of the price in respect of the Sales Contract in 14 Working Days from a day of its concluding unless otherwise provided in the Sales Contract. The lack of the payment from the Customer in the timely manner means cancelling an Order.
VII. PRICE, PRODUCTS DELIVERY DATE AND DELIVERY METHODS
1. The Products delivery costs are established during a process of the submitting an Order and are dependent on the choice of the payment method and the delivery method of the bought Product.
2. The Products are sent through Polish Post and a courier service.
3. The Product delivery date consists of the Product complementing time and the Product delivery time by a carrier:
a. The product complementing time is 1 Working Day.
b. The Product delivery by a carrier is provided in the time declared by him, that is from 2 to 14 Working Days (a delivery is provided only in the Working Days excluding Saturdays, Sundays and holidays.)
VIII. TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
1. The termination of the contract for provision of electronic services:
a. The termination is related to a contract for provision of electronic services which is of continuous and indefinite (e.g. providing an account) nature.
b. A Service User can terminate a contract with immediate effect and without assigning reasons by sending an appropriate declaration through an e-mail: biuro@neness.pl
c. A Service User can terminate contract for provision of the Electronic Service which is of continuous and indefinite nature in the case of violating the Terms and Conditions by the Service User, in particular when delivering unlawful content after an unsuccessfully prior request for ceasing violating with indication a proper deadline. In such a case a contract expires after 7 days from a day of submission a proper declaration of will about its termination (a period of notice).
d. The termination leads to terminate the legal relationship for the future.
2. A Service Provider and a Service User can terminate a contract for provision of the Electronic Service in any time by agreement of the parties.
IX. COMPLAINTS PROCEDURE
1. The statutory warranty complaints:
a. A basis and a scope of liability of the Seller to a Customer who is a Consumer, under a statutory warranty comprising physical and legal defects, are described in the Civil Code Act (Journal Laws No 16, item 93, as amended).
b. The notifications on the defects related to the Product and a corresponding request claim can be made through an e-mail to the address: biuro@neness.pl or in the written form to the following address: 261 Wodzisławska Street, 44-274 Rybnik.
c. In the above mentioned e-mail message shall be given as much information and circumstances related to the complaint subject as possible, in particular a type and a scope of occurrence of irregularities and contact details. Provided information will greatly facilitate and speed up of processing a complaint by the Seller.
d. If this is for the evaluation of the physical defects of the Product, it shall be delivered to the address: 261 Wodzisławska Street, 44-274 Rybnik.
e. A Seller takes an attitude towards a complaint without undue delay, not later than 14 days. A response to the complaint is sent to the e-mail address provided by the Customer or other mean provided by the Customer.
f. In the case of the complaint made by a Customer who is a Consumer – not considering claim in 14 days is unequivocally with admitting a complaint. In relation to the justifiable complaint Of a Customer who is a Consumer, a Seller covers costs of receipt, delivery and exchange of the Product for a free from defects.
2. The complaints connected with providing Electronic Services by the Service Provider:
a. The complaints connected with providing Electronic Services through the Shop, a Service User can be made through an e-mail to the address: biuro@neness.pl
b. In the above e-mail message, one should provide shall as much information and circumstances related to the complaint subject as possible, in particular a type and a scope of occurrence of irregularities and contact details. Provided information will greatly facilitate and speed up of processing a complaint by the Seller.
c. Considering a complaint by the Service Provider is made without undue delay, not later than in 14 days.
d. A Service Provider’s response in relation with a complaint is sent to an e-mail address of the Service User given in the warranty claim or other manner given by User Provider.
X. RIGHT OF WITHDRAWAL FROM A CONTRACT
1. A Customer who is at the same time a Consumer who concluded a remote contract, can withdraw from it without giving reasons, by filling a relevant statement in writing
in 14 days. To maintain this deadline is enough to send a declaration of termination a contract given by the Shop.
2. In the case of termination of a contract, a sales Contract is regarded as not concluded, and a Consumer is released form any liabilities. These what provided by the Parties is returned in an unchanged state unless a change is necessary to perform ordinary management activities. A return should be done without undue delay, not later that in 14 days.
3. A Consumer is liable for a decrease of the Product value that is a result of using it that is beyond a necessary to determine characteristics, features, functioning.
4. A Seller will refund a value of the Product with its costs of tits delivery by using the same payment method, which a Consumer used unless a Consumer explicitly agreed to other way of return which is not connected with any costs.
5. If a Consumer chose a way of the Product delivery which is different from the cheapest one offered by the Shop, a Seller is not obliged to reimburse a Consumer additional costs incurred by the Consumer.
6. A Consumer termination a Sales Contract, according to point 1 of this chapter, bears only costs of returning a Product to a Seller.
7. The fourteen days in which a Consumer may terminate a contract, is counted from a day on which a Consumer took possession of the Product.
8. The right to terminate a contract concluded remotely is not entitled a Consumer in the case of a Sales Contract in which a subject of provision is an object supplied in the sealed packaging, which after opening cannot be return because of the health protecting or hygienic reasons, if a packaging was open after delivering.
9. The products ordered in the small current matters of everyday life, with a value of the subject matter of the contract up to 50 PLN are not a subject to exchange and return.
XI. INTELECTUAL PROPERTY RIGHTS
1. All contents published on the web site under an address www.neness.pl, excluding contents described in chapter I, point 8 of these the Terms and Conditions, shall use the copyright protection and are owned by mariusz kubiak, conducting economic activity under the firm REVANS PERFUMERIA NENESS MARIUSZ KUBIAK, 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665. A Service User is fully responsible for damages caused by the Service Provider which is a consequence of the use any www.neness.pl contents, without a Service Provider consent.
2. Any use by anyone, without an explicit written consent of the Service Provider, any of the elements comprising a content and a matter of the www.neness.pl web site is a violation of the copyright law owed to a Service User and results in the civil and criminal responsibility.
XIII. FINAL PROVISIONS
1. The contracts concluded by the Shop in accordance with the Polish law.
2. The changes made in the Terms and Conditions of the Shop by a Service Provider, binds a Service User, under a condition that he is properly informed about these changes and he did not terminate a contract for provisions of electronic services in 14 days from a day of noticing a Service User about by the user.
3. About a content of the changes every Service User will be informed by publishing by the Service Provider on the front page of the Shop a message about a change of the Terms and Conditions and maintaining this information on the front page of the Shop, at least 14 consecutive calendar days.
4. In the case of any irregularities of any part of the Terms and Conditions with the currenta pplicable law, in the place of the questioned provision of the Terms and Conditions an appropriate provisions of the Polish law.
5. Any disputes arising from the Sales Contract between a Shop and Consumers will be resolved in the first instance by means of negotiations, with an intention of the amicable settlement of disputes. However, if it would be possible or would be unsatisfactory for any of the parties, any disputes shall be settled by a competent common court, according to point 6 of this chapter.
6. The judicial settlement of disputes:
a. Any disputes arising from the Service Provider and a Service User (Customer) who is at the same time a Consumer are provided to the competent courts according to provisions of the Code of Civil Procedure of 17 November, 1964 (Journal of Laws No 43, item 296, as amended).
b. Any disputes arising from a Service Provider and a Service User (Customer) who is not at the same time a Consumer shall be provided by the competent court having jurisdiction over a company’s seat.
PRIVACY POLICY
I. General terms
II. Purpose and scope of data collection
III. Basis of data processing
IV. Right of inspection of access to the content of your data and their improvement
V. Files „Cookies”
VI. Final provisions

1.The administrator of personal data collected by the www.neness.pl Shop is MARIUSZ KUBIAK, conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK, an address of conducting a business and an address of delivery: 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665, electronic mail
I. GENERAL TERMS
(e-mail) address: biuro@neness.pl, called hereinafter an “Administrator”, and at the same time a Service Provider.
I. Personal data of the Service User are processed according to the Personal Act Protecting Data of 29 August 1997 (Journal of Laws No 133, item 883, as amended) and the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws no 144, item 1204, as amended).
II. An administrator exercises due diligence in order to protect interests of people whose data are related to, and in particular ensures, that data collected by him:
a. processed in accordance with the law,
b. collected to specified, legitimate purposes and further not processed in a way not compatible with these purposes,
c. relevant and adequate in relation to the purposes for which they are processed and stored in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of processing.
2. Any words or phrases written in the body of this Privacy Policy with a capital letter shall be construed in accordance with the definition contained in the Terms & Conditions of the www.neness.pl Shop.
II. PURPOSE AND SCOPE OF DATA COLLECTION
1. Personal data of the Service Users, collected by the Administrator, are used for accounting, marketing (e.g. Newsletter) purposes, providing a contact with a Customer and other activities connected with performing a Sales Contract.
2. The Administrator processes the following personal data of Users:
a) Name,
b) Address (street and house number / apartment, post code, city and country),
c) Phone number,
d) Tax identification Number (NIP),
e) E-mail address.
3. The administrator can process the following data describing the way of use of the services provided electronically (operating data):
a) The identification marking the termination of a telecommunications network or data communications system that was used by the Service User.
b) Information about the start, end, and a range of every use of the services provided by electronic means.
c) Information about the Service User using the services provided electronically.
4. Providing personal data referred to in point. 2 is necessary to provide the Service Provider of electronic services as a part of the Shop or concluding a Product Sales Contract.
III. BASIS OF DATA PROCESSING
1.Use of the Shop and the conclusion of contracts for the provision of electronic services through the Shop or concluding Product Sales Contracts, which involves the need to enter personal information is entirely voluntary. The person to whom the data relate, independently decides whether to start using the services provided electronically by the Service Provider in accordance with the Terms & Conditions of the Service.
2.In accordance with Art. 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Law No. 133, item. 883, as amended.) Processing is acceptable when:
a) the data subject has given his consent, except in the case of erasure of personal data and
b) it is necessary to perform the contract if the data subject is a party or when it is necessary to take action before the conclusion of the contract at the request of the data subject.
3.Processing of personal data by the Administrator is always within the grounds of admissibility of the processing referred to in point. 2. The processing of data will be linked to the implementation of the contract or the need to take action before the conclusion of the contract at the request of the data subject (Section. 2. b). In addition, prior to entering into contracts for the provision of electronic services via the Website, the future user is informed about the need for acceptance of the Terms & Conditions.
4. Using the Shop, concluding contract for provision of electronic services through the Shop or concluding the Product Sales Contract, what is connected with a necessity to provide personal data, is absolutely voluntarily. A person, whose data are related to independently decides if he/she wants to start using electronic services provided by the Service Provider or conclude the Product Sales Contract with accordance to the Terms & Conditions.
5. According to the article 23 Act on the Protection of Personal Data of 29 August 1997 (Journal of Law No. 133, item. 883, as amended) data processing is permissible among others when:
a) a person to whom the data is related, gives his/her consent unless it comes to the data removal.
b) if it is necessary to realise a contract, when a person to whom the data are related, is his/her Party or if is necessary to take actions before concluding a contract at the request of a person, to whom the data is related.
3. Processing the personal data by the Administrator is always done as a part of the basis of admissibility their processing of mentioned in point 2. Data processing will have a connection with a realisation of the contract or a necessity to take actions before concluding an contract at the request of the person, to whom data is related (point 2 b). Additionally before concluding contracts for provision of electronic services available through the Shop, a future Service User is informed on necessity to accept the Terms & Conditions.
IV. RIGHT OF INSPECTION OF ACCESS TO THE CONTENTS OF YOUR
DATA AND THEIR IMPROVEMENT
1. A Service User has the right to access their personal data and the right to amend tem.
2. Every person is has the right to control their personal data in the data set of the Administrator, in particular the right to request their update, complete or correct personal information, the right to control their processing, temporary or permanent suspension of their processing or removal in case they are incomplete, outdated, untrue or collected in violation of the law or are no longer necessary for the purpose for which it was collected.
b. In order to exercise the rights referred to in points 1 and 2, you can modify data by sending an appropriate an e-mail message to the address: biuro@neness.pl
V. FILESCOOKIES
1. A Service Provider’s Shop uses “cookies”. No changes to the Service User browser settings is tantamount to consent to their use.
2. Installation of “cookies” is necessary for the proper provision of electronic services on the Website. “Cookies” are the information necessary for the proper functioning of the Service, in particular those requiring authorization.
3. In the Service uses three types of “cookies”: “session”, “fixed” and “analytical”.
a) “Session” “cookies” are temporary files that are stored in the device’s terminal until they log out (leaving the Shop).
b) “Solid” “cookies” are stored in the user terminal device for the time specified in the parameters of “cookies” or until their removal by the Service User.
c) “Analytical” “cookies” enable a better understanding of how the Service Users interact with the Shop content and better organisation of its layout. “Analytical” “cookies” gather information on the use of the Service by the Service Users, page type, with which the Service User was redirected, and the number of visits and time of visit to the web site of the Shop. This information do not record the personal data of the Service User, but are used to compile the statistics of using Shop.
4. A Service User has the right to decide whether to allow the use of “cookies” on your browser. Detailed information about the possibilities and methods of handling “cookies” are available in the settings of your software (a web browser).
VI. FINAL PROVISIONS
1. The administrator uses technical and organisational measures to protect processed personal data appropriate to the risks and category of data protection, in particular, protects data against unauthorized disclosure, takeover by an unauthorized person, processing in violation of applicable laws and change, loss, damage or destruction.
2. The Service Provider provides technical measures to prevent the acquisition and modification by unauthorised persons personal data transmitted electronically.
3. In matters not covered by this Privacy Policy shall apply the provisions of the Terms & Conditions of the Shop and other relevant provisions of the Polish law.
Before you begin using an on-line shop www.neness.pl Service Users are required to read and understood this the Terms & Conditions.
TERMS & CONDITIONS OF THE ON-LINE SHOP
WWW.NENESS.PL/ENG/

I. General terms
II. Definitions
III. Type and scope of electronic services
IV. Terms and conditions of providing services and concluding contracts for provision of
electronic services
V. Terms and conditions of concluding sales contracts
VI. Payment method
VII. Price, products delivery date and delivery methods
VIII. Terms and conditions of termination of contracts for provision of electronic services
IX. Complaints procedure
X. Right of withdrawal from a contract
XI. Intellectual property rights
XII. Final provisions

I. GENERAL TERMS
1. The on-line shop www.neness.pl is run by Mariusz Kubiak, conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK entered into the Business Activity Central Activity and Information Record of the Republic of Poland run by the Polish Ministry of Economy, an address of conducting a business and an address of delivery: 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665, e-mail address: biuro@neness.pl, phone 730 738 873
2. The www.neness.pl shop works on the rules described in these Terms and Conditions.
3. The Terms and Conditions specifies types and a scope provided by electronic means by www.neness.pl Shop, rules of providing these services by electronic means, conditions of concluding and termination of contracts for providing services by electronic means and Product Sales Contracts, as well as complaint procedures.
4. Every Service User at the moment of taking actions aiming at using the Electronic Services of the www.neness.pl Shop, is obliged to observe provisions of these Terms and Conditions.
5. A condition under which a Customer placing an Order in the Shop is reading and understanding these Terms and Conditions and accepting their provisions while placing an Order.
6. The www.neness.pl shop provides retail sales and wholesale activity of Products, via the Internet within area of Poland and in the countries of the European Union.
7. Products offered in the Shop are new, free from legal defects, and has been legally introduced on the Polish market.
8. All trade names, product names, firm names and their logos used on the Shop web site under www.neness.pl are owned by their owners and are used to only in the identification purposes. They can be registered trademarks. All materials, descriptions and photos presented on the Shop web site under the www.neness.pl used in the informational purposes.
9. In the cases not regulated in these Terms and Conditions are applicable provisions: Act on the services provided by electronic means of 18 July 2002 (Journal of Laws No 144, item 1204, as mended), Act on onsumer Rights (Journal of Laws No 2014, item 827), Civil Code Act of 23 April 1964 (Journal of Laws No 16, item 93, as amended) and other appropriate provisions of the Polish Law.
II. DEFINITIONS
1. WEEK DAY – any of the days of the week from Monday till Friday excluding public holidays.
2. REGISTRATION FORM – a form available on the www.neness.pl web site allowing to create an account.
3. ORDER FORM – a form available on the on the www.neness.pl web site which allows to place an Order.
4. CONSUMER – a natural person, who performs with an entrepreneur a legal act not connected directly with his/her business and professional activity.
5. CUSTOMER – A Service User who aims to conclude or has concluded a Sales Contract with a Seller.
6. ACCOUNT – identified with an individual name (login) and a password, a collection of resources in the ICT system of the Service User in which data of the Service User are collected including data about Service User, including information about placed Orders.
7. TERMS & CONDITIONS – these Terms & Conditions of the Shop.
8. SHOP – an on-line Shop of the Service User conducting activity under the address www.neness.pl
9. SELLER, SERVICE USERMARIUSZ KUBIAK conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665.
10. PRODUCT – a movable thing available in the Shop which is a subject of Sales Contract between a Customer and a Seller.
11. SALES CONTRACT – a Product Sales Contract concluded between a Customer and a Seller through a Shop.
12. SERVICE USER – a natural person, a legal person or an organisation entity without a legal personality, to which an act admits a legal capacity using the Electronic Service.
13. ELECTRONIC SERVICE – a service provided by electronic means by the Service User to the benefit of the Service User through a Shop.
14. ORDER – a Customer’s declaration of will which is an offer to conclude a Product Sales Contract with a Seller.
15. NEWSLETTER – the Electronic Service enabling a Service User subscribing and receiving at the address given by a Service User free of charge e-mails from a Service User, regarding products available in the Shop.
III. TYPE AND SCOPE OF THE ELECTRONIC SERVICES
1. A Service Provider enables using, through the Shop, the Electronic Services such as:
a. concluding the Product Sales Contracts,
b. run an Account in the Shop,
c. using a Newsletter.
2. Providing the Electronic Services to the benefit of Service Users in the Shop takes place on the conditions described in the Terms and Conditions.
3. A Service Provider has a right to publish advertising content on the web site. These contents are an integral part of the Shop and materials presented on it.
IV. CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR PROVIDING ELECTRIC SERVICES
1. Providing the Electronic Services described in chapter 3, point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. A period for a contract is concluded:
a. A contract for providing the Electronic Services relying on running an Account in the Shop is concluded for the indefinite period.
b. A contract for providing the Electronic Services relying on providing an Account in the Shop is concluded for the indefinite period
c. A contract for providing the Electronic Services which relies on enabling to put an Order in the Shop concluded for the definite period and is terminated at the moment of placing an Order or termination of its submission by the Service User.
d. A contract for providing the Electronic Services which relies on using the Newsletter concluded for the indefinite period.
3. Technical requirements necessary to cooperate with the ICT system which uses the Service provider:
a. A computer with the Internet access,
b. An access to the electronic mail,
c. A web browser,
d. Enabling Cookies and JavaScript in the web browser.
4. A Service Provider is obliged to us the Shop in a manner consisted with the law and accepted principles of morality taking into account infringements of moral rights of third persons.
5. A Service Provider is obliged to provide data true and with the conformity with actual circumstances.
6. A Service Provider is prohibited to provide unlawful contents.
V. TERMS AND CONDITIONS OF CONCLUDING SALES CONTRACTS
1. Information on the Shop web sites does not constitute an offer in the meaning of the laws. A Customer by submitting an Order, submits a purchase offer of the specified Product on the conditions given in its description.
2. A Seller informs that perfumes are sent in bottles of 22 ml, so called sticks.
3. In the case of unavailability of a part of all Products comprising an Order, a Customer is informed about by an e-mail or by a phone and is asked to make a decision on further realisation (cancelling an Order, realised without lacking Products, longer awaiting for a realisation, a choice of another Product instead of the lacking one).
4. A Product Price is indicated on the Shop web site is given in Polish zloty (PLN) and comprises all components, including VAT, duties and all other components. A price does not comprise delivery costs.
5. A Product Price is indicated on the Shop web site is binding at the moment of submitting an Order by the Customer. A Price will not be changed regardless price changes in the Shop, which may occur in relation to relative products after submitting an order by the Customer.
6. In order to place an Order, a Customer is not obliged to register an Account in the Shop.
7. Order can be submitted:
a. through the web site using an Order Form (The www.neness.pl Shop) – 24 hours around a clock.
b. through an e-mail at: biuro@neness.pl
c. by phone at number: 730 738 873
8. The Shop realises Orders submitted from Monday till Friday in the working hours of the Shop that is from 9:00 a.m. till 5 p.m. Orders realised on the working days after 5 p.m., on Saturdays, Sundays and holidays will be considered on the next Working Day.
9. Concluding of the Sales Contracts.
a. To conclude, a Sales Contract, it is necessary a previous submitting by the Customer an Order by the means shared by the Seller.
b. After submitting an Order a Seller, without undue delay confirms its receiving what causes binding a Customer by its Order. A confirmation of receiving an order is done by sending an e-mail, which comprises:
 Confirming all significant elements of an Order,
 A Shop declaration on receiving an order,
 A Shop declaration on accepting an Order,,
 A Shop declaration on the right to withdraw from the Contract,
 An information about a right to withdraw from the Contract,
 These Terms and Conditions.
c. Upon receipt by a Customer an e-mail, referred to in the point 9 a Sales Contract between a Customer and a Seller is concluded.
10. Every Sales Contract will be confirmed by a proof of purchase (a cash register receipt or a VAT invoice) which will be attachment to the consignment.
VI. METHODS OF PAYMENT
1. A Seller provides the following methods of payment:
a. A payment by the bank transfer on the Seller’s bank account,
b. A payment with COD option with so called cash on delivery,
c. A payment through electronic payment services.
2. In the case of the payment by the bank transfer, a payment shall be made on the bank account No 53 1050 1403 1000 0092 1239 4044 ( ING ) PERFUMERIA NENESS MARIUSZ KUBIAK, 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): . In the transfer title one should enter “Order No……..”
3. In the case of the payment with COD option a consignment is shipped after verification of the correctness of the address data.
4. In the case of the payment through electronic payment services. A Customer makes a payment prior to beginning a realisation. The electronic payment services enable to make a payment using a credit card or a quick bank transfer from the chosen Polish bank. A Product will be sent only after making a payment.
5. A Customer shall make a payment of the price in respect of the Sales Contract in 14 Working Days from a day of its concluding unless otherwise provided in the Sales Contract. The lack of the payment from the Customer in the timely manner means cancelling an Order.
VII. PRICE, PRODUCTS DELIVERY DATE AND DELIVERY METHODS
1. The Products delivery costs are established during a process of the submitting an Order and are dependent on the choice of the payment method and the delivery method of the bought Product.
2. The Products are sent through Polish Post and a courier service.
3. The Product delivery date consists of the Product complementing time and the Product delivery time by a carrier:
a. The product complementing time is 1 Working Day.
b. The Product delivery by a carrier is provided in the time declared by him, that is from 2 to 14 Working Days (a delivery is provided only in the Working Days excluding Saturdays, Sundays and holidays.)
VIII. TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
1. The termination of the contract for provision of electronic services:
a. The termination is related to a contract for provision of electronic services which is of continuous and indefinite (e.g. providing an account) nature.
b. A Service User can terminate a contract with immediate effect and without assigning reasons by sending an appropriate declaration through an e-mail: biuro@neness.pl
c. A Service User can terminate contract for provision of the Electronic Service which is of continuous and indefinite nature in the case of violating the Terms and Conditions by the Service User, in particular when delivering unlawful content after an unsuccessfully prior request for ceasing violating with indication a proper deadline. In such a case a contract expires after 7 days from a day of submission a proper declaration of will about its termination (a period of notice).
d. The termination leads to terminate the legal relationship for the future.
2. A Service Provider and a Service User can terminate a contract for provision of the Electronic Service in any time by agreement of the parties.
IX. COMPLAINTS PROCEDURE
1. The statutory warranty complaints:
a. A basis and a scope of liability of the Seller to a Customer who is a Consumer, under a statutory warranty comprising physical and legal defects, are described in the Civil Code Act (Journal Laws No 16, item 93, as amended).
b. The notifications on the defects related to the Product and a corresponding request claim can be made through an e-mail to the address: biuro@neness.pl or in the written form to the following address: 261 Wodzisławska Street, 44-274 Rybnik.
c. In the above mentioned e-mail message shall be given as much information and circumstances related to the complaint subject as possible, in particular a type and a scope of occurrence of irregularities and contact details. Provided information will greatly facilitate and speed up of processing a complaint by the Seller.
d. If this is for the evaluation of the physical defects of the Product, it shall be delivered to the address: 261 Wodzisławska Street, 44-274 Rybnik.
e. A Seller takes an attitude towards a complaint without undue delay, not later than 14 days. A response to the complaint is sent to the e-mail address provided by the Customer or other mean provided by the Customer.
f. In the case of the complaint made by a Customer who is a Consumer – not considering claim in 14 days is unequivocally with admitting a complaint. In relation to the justifiable complaint Of a Customer who is a Consumer, a Seller covers costs of receipt, delivery and exchange of the Product for a free from defects.
2. The complaints connected with providing Electronic Services by the Service Provider:
a. The complaints connected with providing Electronic Services through the Shop, a Service User can be made through an e-mail to the address: biuro@neness.pl
b. In the above e-mail message, one should provide shall as much information and circumstances related to the complaint subject as possible, in particular a type and a scope of occurrence of irregularities and contact details. Provided information will greatly facilitate and speed up of processing a complaint by the Seller.
c. Considering a complaint by the Service Provider is made without undue delay, not later than in 14 days.
d. A Service Provider’s response in relation with a complaint is sent to an e-mail address of the Service User given in the warranty claim or other manner given by User Provider.
X. RIGHT OF WITHDRAWAL FROM A CONTRACT
1. A Customer who is at the same time a Consumer who concluded a remote contract, can withdraw from it without giving reasons, by filling a relevant statement in writing
in 14 days. To maintain this deadline is enough to send a declaration of termination a contract given by the Shop.
2. In the case of termination of a contract, a sales Contract is regarded as not concluded, and a Consumer is released form any liabilities. These what provided by the Parties is returned in an unchanged state unless a change is necessary to perform ordinary management activities. A return should be done without undue delay, not later that in 14 days.
3. A Consumer is liable for a decrease of the Product value that is a result of using it that is beyond a necessary to determine characteristics, features, functioning.
4. A Seller will refund a value of the Product with its costs of tits delivery by using the same payment method, which a Consumer used unless a Consumer explicitly agreed to other way of return which is not connected with any costs.
5. If a Consumer chose a way of the Product delivery which is different from the cheapest one offered by the Shop, a Seller is not obliged to reimburse a Consumer additional costs incurred by the Consumer.
6. A Consumer termination a Sales Contract, according to point 1 of this chapter, bears only costs of returning a Product to a Seller.
7. The fourteen days in which a Consumer may terminate a contract, is counted from a day on which a Consumer took possession of the Product.
8. The right to terminate a contract concluded remotely is not entitled a Consumer in the case of a Sales Contract in which a subject of provision is an object supplied in the sealed packaging, which after opening cannot be return because of the health protecting or hygienic reasons, if a packaging was open after delivering.
9. The products ordered in the small current matters of everyday life, with a value of the subject matter of the contract up to 50 PLN are not a subject to exchange and return.
XI. INTELECTUAL PROPERTY RIGHTS
1. All contents published on the web site under an address www.neness.pl, excluding contents described in chapter I, point 8 of these the Terms and Conditions, shall use the copyright protection and are owned by mariusz kubiak, conducting economic activity under the firm REVANS PERFUMERIA NENESS MARIUSZ KUBIAK, 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665. A Service User is fully responsible for damages caused by the Service Provider which is a consequence of the use any www.neness.pl contents, without a Service Provider consent.
2. Any use by anyone, without an explicit written consent of the Service Provider, any of the elements comprising a content and a matter of the www.neness.pl web site is a violation of the copyright law owed to a Service User and results in the civil and criminal responsibility.
XIII. FINAL PROVISIONS
1. The contracts concluded by the Shop in accordance with the Polish law.
2. The changes made in the Terms and Conditions of the Shop by a Service Provider, binds a Service User, under a condition that he is properly informed about these changes and he did not terminate a contract for provisions of electronic services in 14 days from a day of noticing a Service User about by the user.
3. About a content of the changes every Service User will be informed by publishing by the Service Provider on the front page of the Shop a message about a change of the Terms and Conditions and maintaining this information on the front page of the Shop, at least 14 consecutive calendar days.
4. In the case of any irregularities of any part of the Terms and Conditions with the currenta pplicable law, in the place of the questioned provision of the Terms and Conditions an appropriate provisions of the Polish law.
5. Any disputes arising from the Sales Contract between a Shop and Consumers will be resolved in the first instance by means of negotiations, with an intention of the amicable settlement of disputes. However, if it would be possible or would be unsatisfactory for any of the parties, any disputes shall be settled by a competent common court, according to point 6 of this chapter.
6. The judicial settlement of disputes:
a. Any disputes arising from the Service Provider and a Service User (Customer) who is at the same time a Consumer are provided to the competent courts according to provisions of the Code of Civil Procedure of 17 November, 1964 (Journal of Laws No 43, item 296, as amended).
b. Any disputes arising from a Service Provider and a Service User (Customer) who is not at the same time a Consumer shall be provided by the competent court having jurisdiction over a company’s seat.
PRIVACY POLICY
I. General terms
II. Purpose and scope of data collection
III. Basis of data processing
IV. Right of inspection of access to the content of your data and their improvement
V. Files „Cookies”
VI. Final provisions

1.The administrator of personal data collected by the www.neness.pl Shop is MARIUSZ KUBIAK, conducting economic activity under the firm PERFUMERIA NENESS MARIUSZ KUBIAK, an address of conducting a business and an address of delivery: 261 Wodzisławska Street, 44-274 Rybnik, TAX IDENTIFICATION NUMBER (NIP): 6331671665, REGON: 241964665, electronic mail
I. GENERAL TERMS
(e-mail) address: biuro@neness.pl, called hereinafter an “Administrator”, and at the same time a Service Provider.
I. Personal data of the Service User are processed according to the Personal Act Protecting Data of 29 August 1997 (Journal of Laws No 133, item 883, as amended) and the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws no 144, item 1204, as amended).
II. An administrator exercises due diligence in order to protect interests of people whose data are related to, and in particular ensures, that data collected by him:
a. processed in accordance with the law,
b. collected to specified, legitimate purposes and further not processed in a way not compatible with these purposes,
c. relevant and adequate in relation to the purposes for which they are processed and stored in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of processing.
2. Any words or phrases written in the body of this Privacy Policy with a capital letter shall be construed in accordance with the definition contained in the Terms & Conditions of the www.neness.pl Shop.
II. PURPOSE AND SCOPE OF DATA COLLECTION
1. Personal data of the Service Users, collected by the Administrator, are used for accounting, marketing (e.g. Newsletter) purposes, providing a contact with a Customer and other activities connected with performing a Sales Contract.
2. The Administrator processes the following personal data of Users:
a) Name,
b) Address (street and house number / apartment, post code, city and country),
c) Phone number,
d) Tax identification Number (NIP),
e) E-mail address.
3. The administrator can process the following data describing the way of use of the services provided electronically (operating data):
a) The identification marking the termination of a telecommunications network or data communications system that was used by the Service User.
b) Information about the start, end, and a range of every use of the services provided by electronic means.
c) Information about the Service User using the services provided electronically.
4. Providing personal data referred to in point. 2 is necessary to provide the Service Provider of electronic services as a part of the Shop or concluding a Product Sales Contract.
III. BASIS OF DATA PROCESSING
1.Use of the Shop and the conclusion of contracts for the provision of electronic services through the Shop or concluding Product Sales Contracts, which involves the need to enter personal information is entirely voluntary. The person to whom the data relate, independently decides whether to start using the services provided electronically by the Service Provider in accordance with the Terms & Conditions of the Service.
2.In accordance with Art. 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Law No. 133, item. 883, as amended.) Processing is acceptable when:
a) the data subject has given his consent, except in the case of erasure of personal data and
b) it is necessary to perform the contract if the data subject is a party or when it is necessary to take action before the conclusion of the contract at the request of the data subject.
3.Processing of personal data by the Administrator is always within the grounds of admissibility of the processing referred to in point. 2. The processing of data will be linked to the implementation of the contract or the need to take action before the conclusion of the contract at the request of the data subject (Section. 2. b). In addition, prior to entering into contracts for the provision of electronic services via the Website, the future user is informed about the need for acceptance of the Terms & Conditions.
4. Using the Shop, concluding contract for provision of electronic services through the Shop or concluding the Product Sales Contract, what is connected with a necessity to provide personal data, is absolutely voluntarily. A person, whose data are related to independently decides if he/she wants to start using electronic services provided by the Service Provider or conclude the Product Sales Contract with accordance to the Terms & Conditions.
5. According to the article 23 Act on the Protection of Personal Data of 29 August 1997 (Journal of Law No. 133, item. 883, as amended) data processing is permissible among others when:
a) a person to whom the data is related, gives his/her consent unless it comes to the data removal.
b) if it is necessary to realise a contract, when a person to whom the data are related, is his/her Party or if is necessary to take actions before concluding a contract at the request of a person, to whom the data is related.
3. Processing the personal data by the Administrator is always done as a part of the basis of admissibility their processing of mentioned in point 2. Data processing will have a connection with a realisation of the contract or a necessity to take actions before concluding an contract at the request of the person, to whom data is related (point 2 b). Additionally before concluding contracts for provision of electronic services available through the Shop, a future Service User is informed on necessity to accept the Terms & Conditions.
IV. RIGHT OF INSPECTION OF ACCESS TO THE CONTENTS OF YOUR
DATA AND THEIR IMPROVEMENT
1. A Service User has the right to access their personal data and the right to amend tem.
2. Every person is has the right to control their personal data in the data set of the Administrator, in particular the right to request their update, complete or correct personal information, the right to control their processing, temporary or permanent suspension of their processing or removal in case they are incomplete, outdated, untrue or collected in violation of the law or are no longer necessary for the purpose for which it was collected.
b. In order to exercise the rights referred to in points 1 and 2, you can modify data by sending an appropriate an e-mail message to the address: biuro@neness.pl
V. FILESCOOKIES
1. A Service Provider’s Shop uses “cookies”. No changes to the Service User browser settings is tantamount to consent to their use.
2. Installation of “cookies” is necessary for the proper provision of electronic services on the Website. “Cookies” are the information necessary for the proper functioning of the Service, in particular those requiring authorization.
3. In the Service uses three types of “cookies”: “session”, “fixed” and “analytical”.
a) “Session” “cookies” are temporary files that are stored in the device’s terminal until they log out (leaving the Shop).
b) “Solid” “cookies” are stored in the user terminal device for the time specified in the parameters of “cookies” or until their removal by the Service User.
c) “Analytical” “cookies” enable a better understanding of how the Service Users interact with the Shop content and better organisation of its layout. “Analytical” “cookies” gather information on the use of the Service by the Service Users, page type, with which the Service User was redirected, and the number of visits and time of visit to the web site of the Shop. This information do not record the personal data of the Service User, but are used to compile the statistics of using Shop.
4. A Service User has the right to decide whether to allow the use of “cookies” on your browser. Detailed information about the possibilities and methods of handling “cookies” are available in the settings of your software (a web browser).
VI. FINAL PROVISIONS
1. The administrator uses technical and organisational measures to protect processed personal data appropriate to the risks and category of data protection, in particular, protects data against unauthorized disclosure, takeover by an unauthorized person, processing in violation of applicable laws and change, loss, damage or destruction.
2. The Service Provider provides technical measures to prevent the acquisition and modification by unauthorised persons personal data transmitted electronically.
3. In matters not covered by this Privacy Policy shall apply the provisions of the Terms & Conditions of the Shop and other relevant provisions of the Polish law.

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