Regulations

REGULATIONS OF THE INTERNET SHOP

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. The Regulations stipulate the principles and terms of providing electronic services

including Shop usage as well as the rights, duties and liability conditions related to the Seller

and Client. The Regulations contain also information which the Seller needs to communicate

to the Consumer in line with the binding law regulations including the law of May 30 th 2014

on consumer rights (Journal of Laws 2017 item 683 as amended).

2. Each Client shall get acquainted with the Regulations.

3. The Regulations are available on the Shop’s website and are also made available free of

charge prior to the conclusion of the contract. At the Client’s request the Regulations shall be

made available also in the manner which makes it possible for its contents to be obtained, read

and copied with the means of the IT system used by the Client (e.g. electronic mail).

4. Basic definitions:

1) The Regulations: the Regulations of the Internet shop;

2) Seller: ANNA KŁOSOWSKA, running economic activity under the business name NUKO

ANNA KŁOSOWSKA, ul. Podmiejska 5, 19-300 Ełk, NIP 1231131524, entered at the

Central Register and Information on Economic Activity;

3) Client: a natural person over 18 years of age with full legal capacity, a legal person or

organisational unit without legal personality who may, however, on its own behalf acquire

rights and incur liabilities and who will undertake a legal relationship with the Seller within

the scope of the Shop’s activity. A Client is also a Consumer if in a given respect there are no

separate provisions regarding a Consumer;

4) A Consumer: a Client being a natural person effecting with the Seller a legal action

(purchase) not directly related to his/her economic or professional activity;

5) Electronic Service – a service in the understanding of the law of July 18 th 2002 on

rendering electronic services (Journal of Laws 2017.1219 as amended) rendered by the Seller

for the Client via electronic means and the Service;

6) the Shop or Internet Shop or Service: Electronic Service, Internet Shop run by the Seller

under the Internet address https://nukohome.com/, within the framework of which the Client

may conclude a distance contract, the parties to which are informed about the transaction by

means of electronic mail message generated automatically while the performance of the

contract (and in particular the delivery of Goods) takes place outside the Internet;

7) An Account – Electronic Service marked with an assigned name (login) and password

provided by the Client, a collection of data in the Seller’s IT system where the Client’s data

are stored as well information on actions performed as part of the Shop’s activity;

8) Goods or Product – goods sold by the Shop offered by the Seller;

9) Contract – distance contract regarding the purchase of goods concluded in result of the

Client placing an order at the shop and its acceptance by the Seller;

10) Form – a script being a means of electronic communication allowing for placing an order

at the Shop or undertaking other actions at the Shop;

11) Order – an instruction on the purchase of Goods placed by the Client by means of

technical communication;

12) Newsletter – an Electronic Service, an electronic distribution service rendered by the

Seller by means of electronic mail (e-mail) which allows all Clients using it for automatic

receipt of cyclical bulletins (newsletters) from the Seller containing Information about the

Service, including information on new offers or promotions at the Shop.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

1. Seller’s data for contacts with the Client: address - Agata Kamińska, ul. Rusałek 21, 05-540

Zalesie Górne, electronic mail address: hello@nukohome.com, telephone number 605560613.

2. The Seller offers Electronic Services as follows:

1) Internet Shop,

2) Newsletter,

3) Opinions (Comments),

4) Account.

3. The Seller provides Electronic Services in line with the Regulations.

4. A technical precondition for making use of the Shop is the Client having a computer or

other devices allowing for Internet browsing, appropriate software (including an Internet

browser), Internet access and an operating electronic mail account.

5. The Client may not supply illegal content.

6. Using the Shop may involve risks typical for Internet usage such as spam, viruses, hacker

attacks. The Seller shall undertake actions at counteracting these risks. The Seller points out

that that the public character of the Internet network and using services via electronic means

may involve the risk of the Clients’ data being obtained or modified by unauthorised persons

that is why Clients should use appropriate technical means which minimise the risks referred

to above such as, in particular, anti-virus software and protecting the identity of those using

the Internet.

7. The contract for the provision of Electronic Services shall be concluded online via the

agency of the Shop. A Client may at any moment cease to use electronic services by leaving

the Shop or by removing the Client’s account. In such event the contract for the provision of

Electronic Services shall be terminated automatically without the necessity of making other

statements by the parties.

8. There is no possibility of using the Shop anonymously or under a pseudonym.

CHAPTER 3. PERSONAL DATA

1. The Seller processes Clients’ data in line with the binding law regulations including the

Regulations of the European Parliament and Council (EU) 2016/679 of April 27 th 2016 on the

protection of natural persons in connection with the processing of personal data and free flow

of such data and the annulment of the directive 95/46/EC (general regulation on data

protection) (Journal of Laws L 119 of May 4 th 2016, hereinafter: “the Regulation”). In

particular:

1) the Seller shall assure so that the data should be:

a) processed in line with the law, in a fair manner, transparent to Clients and other persons

whom the data concern;

b) collected for concrete, clear and legally justified purposes and not processed further in the

manner contradicting theses purposes;

c) adequate, applicable and limited to what is indispensible for purposes for which they are

processed;

d) correct and updated when needed;

e) stored in the form allowing for the identification of the person whom they concern for the

period not longer than indispensible for the purposes for which they are stored;

f) processed in the manner assuring appropriate safety of personal data which covers

protection against forbidden or illegal processing or coincidental loss, destruction or damage

with the employment of appropriate technical or organisational means,

2) the Seller shall apply appropriate technical or organisational means assuring the protection

of processed personal data adequate to the character, scope, context and purposes of

processing and the risk of infringing upon the rights or freedom of natural persons;

3) the Seller shall assure access to personal data and the possibility of exercising other rights

to Clients and other persons whom the data concern in line with the law regulations binding in

this respect.

2. The basis for personal data processing is the Clients’ consent or the emergence of another

premise authorising data processing in line with the Regulation.

3. The Seller guarantees the exercise of the rights of the persons whose personal data are

processed on principles resulting from appropriate laws, and, in particular, these persons have

the right to:

1) withdraw their consent for personal data processing;

2) obtain information related to their personal data;

3) control data processing, and in particular the right to complete, update, rectify or remove

the data provided,

4) express objection with regard to data processing or limit such processing;

5) file a complaint to a supervisory authority and use other legal means for the purpose of

protecting his/her rights.

4. The person with access to personal data shall process them solely based on the Seller’s

authorization or the contract entrusting such person with data processing and solely at the

Seller’s request.

5. The Seller assures that personal data shall be made available solely to entities authorized

based on applicable law provisions unless the EU law or Polish law requires otherwise.

CHAPTER 4. ADDITIONAL INFORMATION

§ 1 Account.

1. The registration of the account on the Shop’s website is free of charge and requires

undertaking the steps as follows: the Client shall fill out the registration form providing the

data indicated and making statements on accepting the Regulations, personal data processing

and forwarding of marketing information. The link allowing for account verification shall be

sent to the electronic mail address provided by the Client in the registration process. Logging

into the account involves providing the login and password set by the Client. The password is

confidential and shall not be made available to anyone.

2. The account allows the Client to introduce or modify data, place, check or monitor orders,

and browse the Orders’ history.

3. The Electronic Service Account shall be provided free of charge for unlimited period of

time.

4. A Client may at any moment resign from the account in the Shop by sending an applicable

electronic request to the Seller to the e-mail address as follows: hello@nukohome.com or a

request in writing to the Seller’s address as follows: Agata Kamińska, ul. Rusałek 21, 05-540

Zalesie Górne.

§ 2. Newsletter

1. The Service Newsletter is aimed at providing the Client with the information ordered.

2. Using the Newsletter does not require Account registration, however, a Client needs to

provide an e-mail address and make a statement on acceptance of the Regulations, data

processing and sending of marketing information.

3. A link confirming the Newsletter’s subscription shall be sent to the Client’s account.

4. The Service Newsletter shall be provided free of charge for unspecified period of time.

5. Throughout this time the Client may at any moment resign from the Newsletter by sending

an applicable electronic request to the Seller to the e-mail address: hello@nukohome.com or a

request in writing to the Seller’s address: Agata Kamińska, ul. Rusałek 21, 05-540 Zalesie

Górne.

§ 3. Opinions

1. The Seller shall make it possible for Clients to place on the Shop’s website individual and

subjective messages (opinions, comments) in particular messages concerning Goods.

2. The Service shall be provided free of charge for unspecified period of time.

3. The Service may be used anonymously.

4. The Seller may use the opinions for the purposes of content placed on the Service.

CHAPTER 5. SALE

§ 1. Goods

1. All Products offered at the Shop are new and free of faults. The Shop’s website provides

detailed description of the Goods.

2. A 2-year guarantee is offered for the Goods.

§ 2. Orders and execution

1. An order may be placed by filling out the Form available at the Shop

2. Orders may be placed after first registering the account at the Shop or without it (guest

purchase).

3. A Client shall carefully fill out the Form providing all data in accordance with the factual

state and defining the manner of payment and supply.

4. A Client shall provide data in the Form and make a statement on accepting data processing

and receipt of marketing information.

5. Orders may be placed in the Shop 24/7. Orders placed on Saturdays, Sundays or bank

holidays shall be processed on the following business day.

6. A Client confirms placing the Order by clicking on the button (space) “I/m placing the

order. Proceed to payment”. The Seller shall send Order Confirmation to the e-mail address

provided by the Client.

7. The order shall be executed (i.e. dispatched) within 14 business days.

§ 3. Payments

1. All prices of Goods at the Shop have been stated as gross prices in Polish zlotys (the prices

include VAT). The price does not cover the costs referred to in section 2 below. The price of

Goods stated at the moment of placing the Order by the Client shall stay binding on the

parties.

2. The costs related to the delivery of Goods (e.g. transport, supply, postal services) and

possible other costs shall be paid by the Client. The value of such costs may depend on the

Client’s decision as to the delivery manner. The information as to the value of such costs is

provided at the time of placing the Order.

3. A Client may choose a payment method:

1) traditional bank transfer – payment before shipment (pre-payment). After the Order has

been placed, the Client should transfer the amount due to the Shop’s bank account. The Order

shall be executed once the Client’s payment has been recorded on the Shop’s bank account;

2) payment via the system “Przelewy24” - payment before shipment (pre-payment). After the

Order has been placed, the Client should make the payment via the system “Przelewy24”.

The Order shall be executed once the Client’s payment has been recorded within the system

“Przelewy24”;

3) There is no possibility of collecting the Goods in person;

4. For each Product sold the Shop shall issue a purchase receipt to be supplied to the Client

unless binding law provisions require the handover.

5. The Client shall effect payment within 2 days of concluding the sales contract unless the

selected payment manner calls for a different time limit. If the Client does not make payment

within this time, then, pursuant to art. 491 § 1 of the Civil Code (Journal of Laws2017.459 as

amended), the Seller shall set the Client an additional payment deadline after the ineffective

lapse of which the Seller shall be entitled to withdraw from contract. If the Client declares that

he/she will not make the payment due, the Seller may withdraw from contract even without

setting the additional deadline, even prior to the lapse of the deadline set.

§ 4. Delivery

1. The Product shall be sent to the address provided by the Client in the Form unless the

Parties decide otherwise.

2. The Product shall be delivered by a courier company. The parcel shipped by a courier

company shall be delivered within two business days of the shipment date.

3. There is no possibility of personal collection of Goods.

4. The Seller shall provide to the Client together with the Goods ordered all elements of its

equipment along with manuals, maintenance instruction and other documents required by

binding law regulations.

5. The Seller indicates that:

1) at the moment of issue of the Goods to the Client or carrier all the benefits or burdens

related to the Goods shall transfer onto the Client, the same as the risk of accidental loss or

damage of the Goods. In the event of sale to the Consumer, the risk of accidental loss or

damage of the Goods shall transfer onto the Consumer at the moment of the Goods issue to

the Consumer. The issue of the Goods shall be understood as entrusting the carrier with the

Goods if the Seller had no influence upon the Consumer’s choice of the carrier,

2) any claims related to impairment or damage in delivery cease once the shipment with

Goods has been accepted by the Client without reservation unless:

a) the loss has been attested with a protocol prior to the acceptance of shipment;

b) such attestation has been forfeited due to the carrier’s fault;

c) impairment or damage occurred as result of wilful misconduct or gross negligence on the

part of the carrier;

d) the person authorised noticed impairment not visible on the outside after the parcel’s

receipt, demanded for its condition to be determined within 7 days and proved that damage

occurred at the time between the parcel’s acceptance for shipment and its issue.

§ 5. Additional information for the Consumer

1. The Contract has not been concluded for unspecified period of time and shall not be

automatically prolonged.

2. Consumer’s obligations following from the contract at the minimum last throughout the

duration of the Order’s execution which involves making the payment and receiving the

Goods.

3. Making use of the Shop by the Consumer does not necessitate making a deposit or putting

up any financial guarantees.

4. The Seller shall not be obliged to abide by and does not abide by Good Practices Code

referred to in art. 2 section 5 of the law act of August 23 rd 2007 on counteracting unfair

business practices (Journal of Laws2017.2070 as amended).

CHAPTER 6. LIABIBILITY

1. Warranty liability shall be excluded in legal relationships with Clients.

2. The Seller shall stay liable to a Consumer if the Product has any physical or legal fault

(warranty) in line with the principles referred to in Civil Code (Journal of Laws 2017.459

as amended) and the law of May 30 th 2014 on consumer rights (Journal of Laws2017.683

as amended), and in particular in line with the principles as follows:

1) a physical fault relies in particular in the Product defying the contract. In particular the

Product defies the contract if:

a) the Product lacks the properties which an object of its kind should have in respect of the

purpose indicated in the contract or resulting from circumstances or purpose;

b) the Product lacks the properties of whose presence the Seller assured the Consumer;

c) the Product is unfit for the purpose about which the Consumer informed the Seller at the

conclusion of the Contract and which the Seller did not object to;

d) Goods were issued to the Consumer in an incomplete state.

2) Goods are burdened with a legal fault if they are the property of a third person or if they are

encumbered with the rights of a third person and also if the limitation as to using or disposing

of the Goods results from the decision or verdict of a competent authority; in the event of the

sale of a right the Seller shall stay liable also with regard to the existence of such a right;

3) the Seller shall stay liable by way of warranty for physical faults existing at the moment of

the risk passing onto the Consumer or arising for a reason inherent in Goods at this same

moment.

4) the Seller shall be exempt from liability by way of warranty if the Consumer knew about

the fault while concluding the contract;

5) if the physical fault is discovered within a year of the issue of Goods it shall be deemed to

have existed at the moment of the risk passing onto the Consumer;

6) the Seller shall stay liable by way of warranty if a physical fault is determined within two

years of the issue of Goods, and if the Goods purchased are used mobile objects the Seller

shall stay liable by way of warranty if the physical fault is discovered within a year of the

issue of Goods;

7) the rights extending to the Consumer by way of warranty include:

a) the right to demand the Goods’ price to be lowered or to withdraw from contract unless the

Seller immediately and without excessive inconvenience to the Consumer replaces the faulty

thing with the object free of faults or removes the faults;

b) in place of the fault removal offered by the Seller, a Consumer may demand a replacement

with a product free of faults or, in place of the replacement with a product free of faults, a

Consumer demand the defect to be removed unless making the product conform to the

contract in a manner selected by the Consumer is impossible or would require excessively

high expenditure in comparison to the manner suggested by the Seller. While assessing the

excessiveness of the costs, the value of the thing free of defects shall be considered, the type

and significance of the defect found and inconvenience for the Consumer related to the other

manner of satisfying the claim;

8) a Consumer exercising his/her warranty rights shall deliver the defective thing at the

Seller’s cost to the place indicated in the contract and, if such a place was not specified, to the

place where the thing was issued to the Consumer.

CHAPTER 7. COMPLAINTS’ CONSIDERATION PROCEDURE

1. A Client shall direct complaints directly in writing to the Seller to the address: Agata

Kamińska, ul. Rusałek 21, 05-540 Zalesie Górne. A Client may use a complaints’ form

available at the Shop but it is not a precondition for the complaint to be considered.

2. In case of determining that the parcel has been opened, suffered impairment or damage, the

Client immediately (not later than within 7 days of the parcel’s receipt) should file a

complaint with the Seller. Such action shall make it possible to press claims at the carrier.

This is not a precondition for the complaint consideration.

3. The complaint shall include a detailed description of the problem, the Client’s demand and

possibly a photographic documentation.

4. The Seller shall consider a Client’s complaint within 30 days and a Consumer complaint

within 14 days. If the Seller does not respond to the Consumer’s complaint within 14 days,

the complaint shall be deemed justified.

5. Once the complaint is acknowledged, the Seller shall undertake appropriate steps.

6. There is a possibility of using out of courts ways of complaints considering and seeking

claims in legal relationships with Consumers such as:

1) electronic dispute resolution via the platform ODR (online dispute resolution) available at

the address

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;

2) the possibility of conducting conciliatory proceeding in public courts or before other

authorities.

CHAPTER 8. WITHDRAWAL FROM CONTRACT

1. A Seller or Client may withdraw from Contract on principles defined in Civil Code

(Journal of Laws2017.459 as amended).

2. A Consumer may withdraw from Contract within 14 days of Goods receipt.

3. Information on the right to withdraw available on the Shop’s website includes information

on the Consumer’s right of withdrawal.

4. A Consumer does not have the right of withdrawal in respect of certain contracts such as

contracts:

1) for services if the Seller has performed the service in full with express consent of the

Consumer who prior to the start of the service provision has been informed that once the

service is performed by the Seller the right to withdraw from Contract shall no longer extend;

2) in which the price or remuneration depend on financial market fluctuations over which the

Seller has no control and which may occur prior to the lapse of the deadline for withdrawal

from Contract;

3) in which the Goods sold are not prefabricated but manufactured according the Consumer’s

specification or intended to meet the Consumer’s unique expectations;

4) in which the Goods sold are quickly deteriorating things or things with a very short shelf

life;

5) in which the Goods sold are delivered in sealed packaging and may not be returned after

opening due to hygienic reasons or health protection considerations, if the packaging has been

opened after delivery;

6) in which the Goods after delivery due to their special character become permanently

combined with other things;

7) for the sale of alcoholic drinks whose price was determined at the conclusion of the

Contract and which may only be delivered after the lapse of a thirty day period and whose

value depends on market fluctuations over which the Seller has no control;

8) in which the Consumer expressly requires the Seller’s arrival for the purpose of performing

urgent repair or maintenance; if the Seller additionally provides services other than first

demanded by the Consumer or if the Seller supplies things other than just spare parts

necessary for the repair or maintenance required, the Consumer retains the right of withdrawal

in respect of such additional services or things;

9) for the sale of sound or visual recordings or computer software supplied in sealed

packaging if such packaging has been opened after delivery;

10) for the sale of daily papers, periodicals or magazines except for subscription contracts;

11) concluded by way of a public auction;

12) for the provision of services related to accommodation (other than for permanent

residence), transport of things, car hire, catering, holidaymaking, entertainment, sports or

cultural events if the contract specifies the date or time of the service provision;

13) for the provision of digital content not recorded on any material medium if the provision

of the service started with express consent of the Consumer prior to the lapse of the deadline

for withdrawal from contract and after the Consumer had been informed that the right to

withdraw from contract shall thus expire.

5. The Seller immediately and not later than within 14 days of the receipt of the Consumer’s

statement on withdrawal from contract shall refund to the Consumer all the payments effected

including Goods’ delivery costs. The Seller shall make the refund with the employment of the

payment method used by the Consumer unless the Consumer has expressly agreed to another

refund manner which does not incur any costs for the Consumer.

6. If the Consumer chose the delivery method other than the cheapest method offered by the

Seller, the Seller shall not be obliged to refund the additional costs so incurred.

7. The Consumer shall return goods with all the elements of equipment including the

packaging if it is a significant element of the Goods. The Seller may refrain from making the

refund until the return of the Goods or until the receipt of the proof of the Goods having been

shipped off, depending on which happens sooner.

8. The Consumer shall pay only the direct costs of the Goods’ return unless the Consumer has

agreed to do so or if the Seller has not informed the Consumer of the necessity of paying such

costs.

9. The Consumer shall stay liable for the decrease of the Goods’ value resulting from using

Goods in excess of what was necessary to determine the character and features of the Goods’

functioning.

10. In case of the effective withdrawal from Contract, such Contract shall be deemed not

concluded.

CHAPTER 9. INTELLECTUAL PROPERTY

1. The rights to the Service and its content are the property of the Seller.

2. The address of the website where the Shop is accessible as well as the contents of the

website https://nukohome.com/ are the object of the intellectual property law and are

protected by this law.

3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes,

passwords, trademarks, service marks etc. are proprietary and owned by the Seller, producer

or distributor of the Goods. Downloading, copying, modifying, reproducing, relaying or

distributing any content from the website https://nukohome.com/ without the owner’s

permission is forbidden.

CHAPTER 10. FINAL PROVISIONS

1. In legal relationships with Clients or Consumers the provisions of the binding law shall

apply to matters not regulated by these Regulations .

2. All deviations from the Regulations shall be recorded in writing under the pain of

invalidity.

3. All disputes between the Seller and Clients shall be resolved by the court competent with

respect to the Seller’s seat. All disputes between the Seller and Consumers shall be resolved

by the court competent pursuant to general provisions (the court competent with regard to the

defendant’s seat/residence) or other court more convenient for the Consumer (pursuant to art.

31-37 of Civil Proceeding Code).

INSTRUCTION ON THE RIGHT TO WITHFDRAW FROM CONTRACT

regards a Consumer

You have the right to withdraw from contract within 14 days without stating any reason. In order

to exercise your right of withdrawal from contract you need to inform the Seller about your

withdrawal decision in an unambiguous statement (e.g. a letter sent by traditional or electronic

mail). Find the contact data below:

Agata Kamińska

05-540 Zalesie Górne

Rusałek 21

hello@nukohome.com

The time for withdrawal from contract shall expire after the lapse of 14 days after the day on

which you came into the possession of a thing or a third person indicated by you other than the

carrier came into the possession of the thing. In order to observe the time limit, it is enough to

send the information on the exercise of your withdrawal right prior to the lapse of the time limit

provided for withdrawal from contract.

The consequences of withdrawal from contract: in case of withdrawal from contract we shall

reimburse all payments received from you including the costs of the delivery of goods (except for

additional costs resulting from you having chosen a delivery manner other than the cheapest

offered by us) immediately and in any case not later than within 14 days of having been informed

of your decision to exercise the right of withdrawal from contract. Payments shall be reimbursed

with the employment of the same payment method as used by you in the original transaction

unless you expressly agreed to a different solution; in any case you shall not incur any expenses

in connection with this reimbursement. We may refrain from making the reimbursement until the

receipt of goods or the receipt of the shipment proof, depending on which happens first.

Please send back or return the goods to us without delay in any case not later than within 14 days

of having informed us of your decision to withdraw from contract. The deadline shall be observed

if you dispatch the goods before the lapse of the 14 day period.

We shall pay the costs of the return of the goods.

We draw your attention to the fact that you shall be liable for decreasing the value of goods

resulting from usage other than necessary for determining the character, features or functioning

of the goods.

Personal data provided by you shall be processed by the Seller for purposes related to your

withdrawal from contract and meeting related demands in line with the principles defined in

applicable law provisions. You may demand from the data administrator access to your personal

data, their rectification, removal, limitation of their processing or ceasing it altogether, and you

also have the right to file a complaint to the supervisory authority. More information may be

found in the document: “Information from personal data administrator”.

WZÓR FORMULARZA REKLAMACYJNEGO

WZÓR ODSTĄPIENIA OD UMOWY

INFORMACJE OD ADMINISTRATORA DANYCH