TERMS OF USE

§ 1 General Provisions

1.1 The Nija online store, available at www.nija-store.com, is run by Iwona Wencka-Stramowska, Teresa Wencka, who runs a business under the name Nija s.c. entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 1182202967, REGON 385006910

1.2 The NIJA store operating at www.nija-store.com operates on the principles set out in the Terms of use;

1.3 In matters not covered by Terms of use applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.

§ 2 Definitions

· „business days” – days from Monday to Friday, excluding public holidays;

· „Registration form” – a form available on the website www.nija-store.com enabling creation of Account for the Consumer; · „Order form” – a form available on the website www.nija-store.com for placing an Order;

· „Customer” – A buyer - consumer who intends to conclude or has concluded a Sales Agreement with the Seller;

· „Consumer” – a person who performs with the entrepreneur a legal act not related directly to his business or professional activity; · „Account” – marked with an individual name (login) and password, a set of resources in the Service Provider's IT system contains the Customer's personal data, including information about orders placed;

· „Newsletter” –Electronic Service allowing the Service Recipient to subscribe and receive free information from the Service Provider regarding the Products available in the Store to the email address provided with consent by the Customer

· „Product” – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller · „Terms of use” - set of regulations regarding the use of Nija website;

· „Store” - The Service Provider's online store called "NIJA", operating at www.nija-store.com;

· „Sales agreement” – Contract for the Sale of Products concluded between the Customer and the Seller via the Store;

· „electronic service” – a service provided electronically by the Service Provider to the Customer via the Store 

·„Buyer”– an individual person, legal person or an organisational unit without legal personality, which has legal capacity to use the Electronic Service;

· „Order” - Customer's declaration to create and fulfil a contract for the sales agreement with the Seller;

§ 3 Requirements

To use the Store, view the Store's assortment and place orders for Products, you need: a. device with an excess to internet b. active email account, c. enabled “Cookies” files.

§ 4 Products

4.1 Products offered in the Store are new and free from physical defects.

4.2 The colours of the products sold in the store may differ slightly from the products that are presented in the pictures due to the difference in screen settings on different devices.

4.3 The placement of the pattern on the pillow may vary.

4.4 The pillow size may vary + \ - 5% from the size given in the description.

4.5 Products should only be used for their intended purpose;

§ 5 Orders

5.1 The prices of the Products visible in the Store are total prices for the goods as they already include taxes;

5.2 The Seller notes that the total price of the Order consists of: · price for the Products (including texes)); · costs of delivery, according to the selected delivery service, weight of the Products and delivery method;

5.3 Information on the Store's websites does not constitute an offer within the meaning of the law. The Customer, by placing an Order, submits an offer to buy a specific Product under the conditions specified in its description;

5.4 The price of the Products shown on the Store's website is binding upon placing the Order by the Customer. This price will not change regardless of individual product’s price changes in the Store that may occur after the Customer has placed an Order;

5.5 Orders can be placed via the website using the Order Form (www.nija-store.com)

5.6 The Store carries out Orders placed from Monday to Friday during the Store's business hours, i.e. from 8am to 4p.m. on business days. Orders placed on business days after 4p.m. and on Weekends and holidays, will be processed the next business day;

5.7 The Customer Service is available to customers on business days from 8am to 4p.m. Replies to emails, messages and comments are made in the order in which they were submitted;

§ 6 Sales agreement

6.1 To place an Order and conclude a Sales Agreement, the Buyer should add the Products they want to buy to the basket in the Store;

6.2 Then, the Buyer chooses the method of delivery of the products and the method of payment for the order, and provides the data necessary to complete the placed Order;

6.3 The order is placed when the Buyer contests and accepts the Terms of Use and Privacy Policy by checking the appropriate boxes;

6.4 Placing an Order established Sales agreement between the Buyer and the Seller;

6.5 The Seller will provide the Customer with confirmation of establishment of Sales agreement via email address provided by the Customer during order or registration process;

6.6 Confirmation of the Order includes confirmation that all Products related to the Order are available;

§ 7 Payment and Delivery

7.1 The Customer may use the following methods delivery of the ordered Products: send via courier company with Polish borders

a. * payment in advance PLN 14.99

b. * cash on delivery PLN 20.99 .

International shipping (outside of Poland)- payment in advance PLN 25.00/6,3 USD/ 5 GPB

7.2 The customer can use one of the following payment methods:

a. payment using the Tpay system

b. cash on delivery (only in Poland)

c. payment of using the Przelewy24 system

§ 8 Shipping of Orders

8.1 The Seller must provide the Buyer with Products without any defects;

8.2 The delivery costs of the Products are determined during the Order submission process and depend on the choice of payment.

8.3 The delivery date of the Products consists of the time of completing the Order and the time of delivery of the Order by a delivery company. It may take up to 6 business days (delivery takes place only on business days and excludes Weekends and holidays). The seller is not responsible for delays caused by the fault of the delivery company.

8.4. When orders are meant to be shipped internationally, by default we only send pillow cases. To purchase an entire pillow, please contact info@nija-store.com.

§ 9 Returns

9.1 The Customer who is also a Consumer may withdraw from the contract concluded with the Seller via the Store, within 14 days of receiving the order without giving any reason;

9.2 The deadline to withdraw from the contract expires after 14 days from the day: - in which the Consumer came into possession of the Order or in which a third party indicated by the Consumer (other than the delivery company) came into possession of that Order; - in which the Consumer came into possession of the last item from the Order (if different elements of the Order had to be sent separately), or in which a third party indicated by the Consumer(other than the delivery company) came into possession of the last item from the Order (if different elements of the Order had to be sent separately).

9.3 In order for the Consumer to exercise the right of withdrawal from the Sales agreement, they must inform the Seller, using the data provided in the Terms of use, about their decision by sending Returns/Refunds form available on the site either by letter or by emailing it to the address: info@nija-store .com. Absence of this obligation, i.e. not providing a return form, may significantly impede the verification of the Return;

9.4 The consumer may use the Returns/Refunds form found in the Returns and Refunds tab;

9.5 To meet the deadline to withdraw from Sales agreement , it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline.

9.6 In the event of withdrawal from the Sales agreement , the Seller returns to the Consumer all payments received, with an exception of delivery costs, no later than 14 days from the day on which the Seller was informed of the Consumer's decision of withdrawal form Sales agreement. Products returned must be delivered to the Seller in a non-deteriorated condition and with no signs of use.

9.7 The Seller will refund the payment using original payment method made by the Consumer or by traditional bank transfer. The Consumer will not incur any fees in connection with refund, except for the costs of returning the Products to the Seller;

9.8 The Seller may withhold the return of the payment until they receive Products;

9.9 Products must be returned to the following address: Nija s.c., ul. Bydgoska 1, 89-120 Potulice immediately, or no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Sales agreement. The deadline is met if the Consumer sends back the products within 14 days;

9.10 The consumer is responsible for cost of returning Product, unless the Product was sent by mistake, then the cost of return is borne by the Seller;

9.11 If the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

9.12 The Consumer is responsible for decreasing the worth of product resulting from using it incorrectly by trying to establish the nature, characteristics and functioning of the product;

9.13 If the Product, due to its nature, cannot be sent back by regular mail, the consumer will also have to bear the direct cost of returning it. The consumer will be informed about the estimated cost by the Seller in the Product's description in the Store or when placing the Order;

9.14 If there is a mistake in the Order, caused by the Seller, the Seller will send the correct Product at his own expense, he will also cover the costs of returning wrongly sent items or the Seller will pick up the Product on their own. However, if the Product is absent from a warehouse, the Seller will refund the cost of the Product and delivery cost to the Customer.

§ 10 Refunds

10.1 In the event of a defect in the Product occurring within 2 years from the date of its purchase, the Buyer has the option of filing a complaint about the defective Product under the warranty or guarantee provided for in the Civil Code, as long as the guarantee has been granted;

10.2 Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code: - ask for price reduction of product; - submit a statement of withdrawal from the Sales agreement (in case of bigger decet on product); - demand replacement of the item with new one; - demand removal of the defect;

10.3 In the message in written or electronic form, please provide as much information about circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the handling of the complaint by the Seller. The customer can also use the Return/Refund form, which has a section on how to identify a product defect;

10.4 For the assessment of physical defects of the Product, the Seller asks to submit a complaint under the warranty to the postal or electronic address stated in the Terms of use, i.e. info@nija-store.com;

10.5 In order to consider the complaint, it is necessary to deliver the defective Product to the Seller. The Buyer must deliver these products to the following address: Nija s.c., ul. Bydgoska 1, 89-120 Potulice. Cost of delivery is covered by the Seller.

10.6 If an additional warranty has been granted to the Product, information about it and about its conditions is available in the Product's description in the Store;

10.7 Complaints about the Store itself should be directed to the email address: info@nija-store.com

10.8 The Seller has 14 days to consider the complaint;

§ 11 Use of Electronic Services

11.1 Through the Store, the Seller allows the use of Electronic Services such as · making product Sales agreements · keeping an Account in the Store, · Newsletter (delivered by FreshMail Sp.z o.o., Al. 29 Listopada 155c, 31-406 Kraków, NIP 6751496393, KRS: 0000497051),

11.2 The provision of Electronic Services to Customers in the Store takes place under the conditions set out in the Terms of Use; 11.3 The Seller has the right to place advertising content on the Store's website. These advertisements are an integral part of the Store, and the materials presented in it.

§ 12 Terms of providing and concluding contracts for the provision of Electronic Services

12.1 The provision of Electronic Services is free;

12.2 Periods for which the contract is concluded -the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period; - the contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period and ends when the Order is placed or the Customer ceases to place it; - the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period;

12.3 The Buyer must use the Store in a manner consistent with the law and decency, having regard to respect for personal rights and intellectual property rights of third parties;

12.4 The buyer must enter personal data consistent with the their legal details;

§ 13 Conditions for terminating contracts for the provision of Electronic Services

13.1 Termination of the contract for the provision of Electronic Services: - both a definite and indefinite (Newsletter, keeping the Account) contract for the provision of Electronic Services may be terminated; - The buyer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via email to the following address: info@nija-store.com - The Seller may terminate the definite and indefinite contract for the provision of Electronic Services if the Buyer violates the Terms of Use: if they still provide unlawful content even after prior warring to cease violations within the provided deadline. In this case, the contract expires after 7 days from submission of the declaration of intent to terminate it (notice period);

13.2 Termination of contra leads to the termination of the legal relationship with effect for the future.

13.3 The Seller and the Buyer may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties;

§ 14 Intellectual property

14.1 Any use by anyone, without the express written consent of the Service Provider, of the elements constituting the content of the website www.nija-store.com violates the copyright of the Service Provider and results in civil and criminal liability;

§ 15 Personal data

15.1 Regulations regarding the protection and processing of personal data of Customers - Consumers of the store have been regulated in the Privacy Policy;

15.2 The Seller is the administrator of personal data provided by the Buyer when using the Store;

15.3 The provision of personal data by the Buyer when making purchases in the Store is voluntary, yet necessary to complete the order.

15.4 The buyer has the right to inspect personal data concerning him, and request to correct or delete them, as mentioned in the Privacy Policy; 15.5 The personal data provided by the Buyer during the submission, placement and realisation of the Order will be processed by the Seller only for the purposes referred to in the Privacy Policy;

§ 16 Restrictions

16.1 It is forbidden for the Buyer to create and distribute illegal content;

16.2 Each Order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded for the time and to fulfil the order;

16.3 Contracts concluded based on these Terms of Use are concluded in Polish. In the event of a dispute with a Buyer who is not a Consumer, the appropriate court will be the court tied to Sellers legal address;

16.4 None of the provisions included in Terms of Use excludes or in any way limits the consumer's rights under the law.

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

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