Regulations

§ 1 General provisions

These rules set out the principles for the use of the online shop, operating at www.noshi.pl, including: placing orders for the entire range of products available for purchase in the shop, delivery of the ordered medical clothes, payment by the customer for the items purchased in the online shop, the customer's right to cancel the order and withdraw from the sales contract, as well as the principles for filing and processing complaints.

§ 2 Definitions

Lead time

is understood to be the time taken for the order items to be completed and handed over to the delivery carrier.

Sales document

it shall be understood to mean an invoice confirming the sale, in the form of a VAT invoice or receipt.

Working days

means days of the week from Monday to Friday, excluding public holidays

Form of payment

means the method of payment for an order placed.

Form of delivery

means the method of delivery of the complete order.

Registration form

means the questionnaire available on the Website, which is filled in by the customer when registering for the online shop and creating a customer account in the online shop.

Order Form

means the questionnaire available on noshi.co.uk/ordering which you can use to make orders in the Noshi.co.uk online shop

Information

According to the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002, no. 144, item. 1204), it is any information intended directly or indirectly to promote the goods, services or image of an entrepreneur or a person practising a profession, whose right to practise a profession is subject to the fulfilment of requirements set out in separate acts, excluding information enabling communication by means of electronic communication with a specific person and information about goods and services not serving to achieve the commercial effect desired by the entity that orders its dissemination, in particular without remuneration or other benefits from producers, sellers and service providers.

Client,

means a natural person with full or limited legal capacity, a legal person or an organisational unit without legal personality, who uses the Online Shop under the terms of these Terms and Conditions."

Consumer

means a Customer who is a natural person and who places an Order, makes a purchase or otherwise uses the Online Shop for purposes not directly related to his/her commercial or professional activity.

Regulations

means these Rules of Procedure

Online shop,

is understood to be the NOSHI online shop offering the sale of goods on the website www.noshi.pl.

Seller

it is understood to be Franciszek Tryniecki ModaVie, conducting business activity at the address Roźwienica 177, 37-565 Roźwienica, NIP: 7922023415, REGON: 180649985.

Website

is understood to mean the customer or the shop, collectively referred to as the "Parties".

Merchandise

means a movable item purchased by the Customer through the Online Shop, i.e. the sale of medical clothing: medical blouses, medical trousers, medical gowns, medical caps and medical accessories.

Sales contract

means the contract for the sale of Medical Clothing, concluded between the Parties through the Online Shop.

Order

it means an offer made by a Customer through the Internet Shop to conclude a Sales Contract with the Shop.

§ 3 Conclusion of the Sales Contract

Placing an Order for Goods occurs on the Website. In order to place an Order it is necessary for the Customer to read the Terms and Conditions and to confirm this fact. The Order is confirmed by the Shop electronically, by sending an e-mail message, which constitutes the conclusion of a binding Contract of Sale.
The filling in and sending of the Order Form by the Customer constitutes the submission of an offer by the Customer to the Store within the meaning of the Civil Code.
The Contract of Sale is concluded when the Customer receives the Shop's confirmation of acceptance of the Order for the Goods. As a condition for the Store's acceptance and fulfilment of the Order, the Order Form must be filled in correctly and completely (to the extent required) by the Customer.
An order will not be accepted by the Shop if incomplete or incomplete data is included in the Order Form to allow verification of the Customer or correct delivery of the Goods.
The Store has the right to refuse to accept an Order for Goods, to restrict the method of payment or demand prepayment in the event that the Order raises justified doubts as to the authenticity and reliability of the data provided or the method of payment, and also in the event that the execution of the Order may expose the Store to administrative, civil or criminal liability or threaten damage (including damage to its image).
The prices of the Goods presented in the online shop are gross prices, expressed in Polish zloty. Binding on the Parties is the price of the Goods on the Site at the time of placing the Order by the Customer. The price of the Goods does not include the costs of its delivery, while information about the cost of delivery is given at the moment of placing the Order for the Goods.
The Shop reserves the right to change prices of Goods available in the Shop and to carry out and cancel all kinds of promotional actions and sales. The change of prices of Goods shall not apply to Goods already ordered, the price of which, given at the moment of making the Order, is binding for the Parties.
When the Goods are purchased, we shall issue an invoice in the form of a receipt or a VAT invoice - as requested by the Customer. The invoice shall be delivered to the Customer in paper form together with the consignment containing the ordered Goods, while the VAT invoice may be delivered in electronic form, to which the Customer hereby agrees.
Pictures of the products or their technical description on the Website, social profile on Instagram, social profile on Facebook or the gallery may differ from the actual state, which may be due to the fact that electronic devices, including monitors, subjectively present colours and proportions.

§ 4 Payments

We offer payment via Przelewy24. Thanks to this form of payment, the money for an Order arrives at the Seller, as a rule, immediately, which enables its fast processing. For the safety of customers, payments are protected by secure SSL encryption.
Once the Order for the Goods has been accepted and the confirmation of acceptance of the Order has been sent to the Customer, the time limit for authorisation of the transfer by Spzedawce is up to 3 working days. If the aforementioned period expires without effect, the Order shall be automatically cancelled, and the Customer's failure to make payment shall be deemed a withdrawal from the Contract of Sale.

§ 5 Delivery of Goods

Delivery of the Goods is made via courier companies in Poland and the countries of the European Union to the address indicated in the Order Form. Properly ordered Goods are dispatched within 14 days of placing the Order.
If it does not appear at the time of the Order that delivery is free of charge, you undertake to pay the delivery costs (indicated on the Website, next to the Order):
1. within the territory of Poland - in the amount of PLN 15 in the case of delivery with cash on delivery and PLN 18 in the case of delivery with prepayment.
The Customer will be informed of the status of the Order by e-mail.
On taking delivery of the Parcel, the Customer is obliged to check whether the Parcel is free of any damage caused during transport and whether its content complies with the Order

§ 6 Complaints

For physical or legal defects in the Goods, the Seller shall be liable to the Customer as a Consumer under the terms of Article 556 et seq. of the Civil Code.
The Seller shall be liable under the warranty if the physical defect is discovered before the expiry of 14 days from the date of delivery of the Goods to the Customer as a Consumer.
The period of limitation for claims by the Customer as a consumer for rectification of defects or replacement of the goods with goods free from defects shall expire one year from the date on which the defect was detected. However, the period of limitation shall not end before the expiry of a period of 2 years from the date on which the Order was delivered to the Customer.
A physical defect consists in the non-conformity of the Goods with the Contract of Sale between the Parties.
In the case of the conclusion of a Sales Contract with the Customer as a Consumer, if a physical defect is discovered before the lapse of one year from the moment of delivery of the Order, the defect shall be deemed to have existed at the moment the danger passes to the Customer, i.e. from the moment of receipt of the Order
We shall be liable to the Customer if the Medical Clothing sold (individual items) is the property of a third party or if it is encumbered by a right of a third party, or if a restriction on the use or disposal of the Medical Clothing in question results from a decision or ruling of a competent authority (legal defect).
If the Good(s) have a defect, the Customer may be a Consumer:
1. make a statement requesting a price reduction,
2. make a declaration of withdrawal from the Sales Contract,
3. request a replacement of the Medical Clothing with a defect-free one,
4. demand that the defect be rectified.
The customer may withdraw from the sales contract if the defect is immaterial.
The Customer, as a Consumer exercising warranty rights, undertakes to deliver, at the Seller's expense, the defective Goods to the address of the Shop.
Goods to be returned must be accompanied by an invoice and information (e-mail is acceptable) as to which form of complaint is satisfactory to the Customer: replacement of the goods with a new one, repair of the defect or refund.
The Seller reserves the right to respond to the complaint within 14 days of its submission by the Customer as a Consumer. Otherwise, we shall be deemed to have acknowledged your statement or request as justified.
The Customer, being a Consumer, has the right, instead of repairing a defect proposed by the Shop, to demand replacement of the Goods with defect-free ones or, instead of replacement, to demand removal of the defect, unless bringing the Goods into conformity with the Sales Agreement in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Shop.
The Seller reserves the right to refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Sales Agreement in a manner chosen by the Customer as a Consumer is impossible or, in comparison with the other possible manner of bringing the Goods into conformity with the Sales Agreement, requires excessive costs.
In the event of a price reduction, the reduced price shall be in such proportion to the price under the Sales Contract as the value of the Goods with the defect remains to the value of the Goods without the defect.
We shall be obliged to replace defective Goods with defect-free Goods or to rectify the defect within a reasonable time without undue inconvenience to the Customer as a Consumer.
In the event that the Customer is not a Consumer within the meaning of Art. 22¹ On the basis of Article 558 § 1 of the Civil Code, the Shop excludes the possibility of warranty.
If one of the rights under the warranty is asserted before a court, an arbitration court, the time limit for the exercise of other rights under the Act to which the Customer as a Consumer is entitled on this account shall be suspended until the proceedings in this case have become final. Accordingly, these rules shall also apply to mediation proceedings, whereby the time limit for exercising other warranty rights to which the Customer as a Consumer is entitled starts to run from the date of the court's refusal to approve the settlement reached before mediation or the ineffective termination of the mediation conducted.
The time limit for the exercise of warranty rights for legal defects in respect of the Goods sold shall commence as from the date on which the Customer, as a Consumer, became aware of the existence of the defect, or, if the Customer only became aware of the existence of the defect as a result of an action by a third party, as from the date on which the judgment or decision of the authority issued in the dispute with the third party became final or conclusive.
If due to a defect of the sold Goods the Customer, as a Consumer, submits a declaration of withdrawal from the Sales Agreement or reduction of the price, he/she may request compensation for damage which he/she incurred by concluding the Sales Agreement without knowing about the existence of the defect, even if the damage results from circumstances for which the Seller is not responsible, and in particular the Customer may request reimbursement of costs of concluding the Sales Agreement, costs of collection, transport, storage and insurance of the Goods, as well as reimbursement of outlays made. The above regulation is without prejudice to the generally applicable provisions on the obligation to remedy damages on general principles.
If the shop concealed the defect, the expiry of the deadline does not exclude warranty rights.
The address for complaints, i.e. the address for delivering or sending back the advertised Goods is: Roźwienica 177 37-565 Roźwienica.

§ 7 Withdrawal from the Sales Contract

The customer may withdraw from the sales contract without stating reasons and without incurring costs other than the average cost of postage, by making a declaration to the following email address kontakt@noshi.pl within 14 days of taking possession of the Goods. The right of withdrawal is excluded for custom-made products in non-standard sizes.
If the Goods have been purchased at a discount on a promotion, the deadline for withdrawal from the Contract of Sale is 14 days from the date of taking possession of the Goods.
In the case of withdrawal from the Contract of Sale, the Client is obliged to send back the Goods without delay, not later than within the appropriate period for withdrawal from the Contract indicated in the above paragraphs 1-2, at his own expense to the address:Roźwienica 177 37-565 Roźwienica., the Seller may offer to send the Goods at his own expense and then collect them from the Client. It is sufficient to send the Goods back before the deadline.
The customer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods
The payment is refunded using the same method of payment used to make the payment within 14 working days.
The Seller may withhold reimbursement of payments received from the Customer until it has received the Goods back or the Customer has provided proof of return.

§ 8 Personal data

By placing an order in the Store for Goods, the Customer consents to the processing of his/her personal data for the purpose of performing the Sales Agreement. The provision of personal data by the Customer, to the extent necessary for the performance of the Sales Agreement and its proper documentation, is obligatory, while in the remaining scope it is subject to the Customer's consent.
The personal data provided by the Customer constitutes the minimum necessary for the proper performance of the Sales Agreement by the Store and is used solely for the purpose of fulfilling the Sales Agreement and informing about new goods, services and promotions offered by the Store - if the Customer agrees to it by signing up for the newsletter.
For more information on data protection, please see the Privacy Policy.
The administrator of the personal data is Franciszek Tryniecki as the Seller. The data is not made available to third parties for marketing or any other purposes. You have the right to access, correct and delete your personal data at any time. In order to exercise these rights, you can contact us by sending an e-mail to: kontakt@noshi.pl or by post to the address of the Shop.

§ 9 Final provisions

Placing an order in the Shop signifies the Customer's acceptance of the sales rules under the Terms and Conditions and obliges the Customer to comply with the rules contained therein.
Any disputes between the Parties shall be settled by the court having jurisdiction over the registered office of the Store, except for disputes to which the Customer as a Consumer shall be a party.
In the event of a dispute arising out of or in connection with a Sales Contract concluded on the basis of these Terms and Conditions, the Customer as a Consumer may bring an action against the Seller before the competent common court. In such a case, the rules provided for in the Civil Procedure Code shall apply.
The shop is not responsible for the blocking by mail server administrators of the transmission of messages to the email address indicated by the Customer and for the deletion and blocking of emails by software installed on the Customer's device.
Matters not covered by these Rules shall be governed by generally applicable provisions of Polish law.
The Terms and Conditions do not exclude or limit any of the rights of the Customer as a Consumer that the Customer is entitled to under mandatory provisions of law. In the event of any conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to Consumers, these provisions shall prevail.
The Store reserves the right to amend the Rules and Regulations for important technical, legal or organisational reasons, however the provisions of the Rules and Regulations previously in force will apply to all Orders placed before the date of the amendment. The amended Terms and Conditions will be published on the Store's website.
The regulations shall enter into force on 15.11.2020.