TERMS AND CONDITIONS OF NOMAD WARSAW ONLINE STORE

1. GENERAL PROVISIONS

• The right to withdraw from the contract within 14 days applies exclusively to Customers who make purchases through the online store. Purchases made in the stationary store Nomad Warsaw, located at 56 Solec Street, Warsaw, are not subject to returns under the right of withdrawal.
• The above provision does not limit or exclude the Customer’s right to submit a complaint based on statutory warranty (liability for defects) or a warranty, in accordance with applicable law.

Nomad Warsaw online store, available at the nomadwarsaw.com is run by Joanna Marcysiak, who has a business under the name Nomad Joanna Marcysiak, based in Warsaw at Solec 56/17, registered in the Central Register and Information on Business Activity (CEIDG) conducted by the Minister of Development NIP: 5342336332, REGON: 386103057.

Contact information:

• postal address: Solec 56/17, 00-382 Warsaw
• e-mail address: hello@nomadwarsaw.com
• phone number: +48 536 555 658

Definitions:

• Customer – any entity making purchases through the Store.
• Consumer – a person making purchases from the Online Store for the realization of his own personal needs. The consumer enters a contract with the Seller through the Online Store, and the subject of the contract is not directly related to his economic or professional activity.
• Seller – a person running a business under the name Nomad Joanna Marcysiak, registered in the Central Register and Information on Business Activity (CEIDG), NIP: 5342336332, REGON: 386103057.
• Online store – Nomad Warsaw online store operated by the Seller at the online address www.nomadwarsaw.com.
• Regulations – these regulations of the Online Store.
• Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller. Placing of the Order by the Customer follows with the obligation to pay. By Order is also understood the Products purchased by the Customer.
• Account – Customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Online Store.
• Registration form – a form available in the Online Store that allows creating an Account.
• Order Form – an interactive form available on the Online Store that allows placing an Order, by adding Products to the Basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
• Shopping Cart – an element of the Online Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, particularly the quantity of Products.
• Product – goods available in the Online Store that are the subject of a Sales Agreement between the Customer and the Seller.
• Sales Agreement – a contract of sale of a Product concluded or entered between the Customer and the Seller through the Online Store.

These Terms and Conditions define the rules for purchasing Products from Nomad Warsaw Online Store operated at nomadwarsaw.com and the rules for delivery of purchased Products to the customer.

Placing an Order by a customer in the Nomad Warsaw Online Store is equivalent to acceptance of the Terms and Conditions and obliges the customer to comply with the rules arising from the Terms and Conditions.

In order to use the Online Store and place Orders, it is necessary to meet the following minimum technical requirements:

• having a computer or other device with access to the Internet,
• having cookies enabled,
• having an operating system: Windows or Linux (with a graphics console), Mac OS or Android,
• having a web browser in one of the latest release versions,
• having an electronic mail (e-mail) account,
• having a cell phone number.

2. RULES OF USING THE ONLINE STORE

• In order to place an Order in the Online Store, you must set up an Account in accordance with the provisions of § III of the Terms and Conditions, or log in – if you have previously set up an Account, or provide the necessary personal and address information to complete the Order without setting up an Account. Browsing the assortment of the Online Store does not require creating an Account.
• Placing an Order constitutes an offer by the Customer to the Seller to conclude a contract of sale of the Products covered by the Order. Sending an e-mail message by the Seller to the Customer confirming the scope of the Order in progress constitutes acceptance of the offer to the extent possible.
• The presence of the Products on the website of the Online Store is not equivalent to the availability of the Products in stock and the possibility of immediate execution of the Order.
• The photographs of the offered Products placed in the Online Store are used for presentation of the Products specifically indicated in them, however, one should take into account possible differences between the photograph of the Product in the Online Store and the appearance of the received Product resulting from the way of lighting during taking the photograph or color calibration of the Client’s screen.
• The prices of the Products and delivery costs shown in the Online Store are gross prices of VAT, in Polish zloty.

3. SETTING UP AN ACCOUNT IN THE ONLINE STORE

• In order to create an Account in the Online Store, you must complete the Registration Form. It is necessary to provide the following data: first name, last name, phone number, email address, order shipping address.
• Setting up an Account in the Online Store is free of charge.
• Logging into the Account is done by providing the login and password established in the Registration Form.
• The Customer can delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, via e-mail to the address specified in § 1 item 1.

 4. PAYMENTS

• Placing an Order by the Customer via means of distance communication is followed by the obligation to pay.
• Payments are made online, using the payment system Przelewy24
• In case of problems with making payment via the above form of payment, please contact the Seller by sending an e-mail to hello@nomadwarsaw.com
• Orders not paid by 10:00 a.m. on the day of completing the Order will be cancelled. In such a case, the Seller is not bound by the submitted Order.

 5. DELIVERY

• The Seller allows delivery of Products from the Online Store throughout Poland, by a courier company, by pick-up in Parcel Machine (Paczkomat), and also allows personal pick-up in a stationary store.
• Delivery is possible only on the territory of Poland. Orders are shipped on Tuesdays and Thursdays.
• Costs and terms of delivery:
  • – Paczkomaty Inpost: 18 pln
  • – Kurier Inpost: 20 pln
  • – Kurier DPD: 25 pln
  • – Kurier DPD pobranie: 55 pln
  • – Kurier DPD dywany: 50 pln
  • – odbiór osobisty: gratis
• For personal pick-up we expect 5 working days. Orders not picked up by this time are automatically canceled.

• Personal collection address: Nomad Warsaw store Solec 56, Warsaw.

 6. RIGHT TO WITHDRAW FROM THE CONTRACT

• The Customer, who is also a Consumer, has a 14-day term to withdraw from the contract without giving any reason, except when the goods not included in the Store’s offer have been imported by the Seller specifically for the Customer’s order.
• The Customer, who is also a Consumer, has a 14-day term to withdraw from the contract without giving any reason.
• In order to exercise the right to withdraw from the contract, the Customer must send to the Seller an appropriate statement of withdrawal from the contract, by e-mail to hello@nomadwarsaw.com within 14 days from the day on which the Customer came into possession of the goods covered by the Order.
• In the event of withdrawal from the contract, the Customer is obliged to return the returnable Products in an undamaged condition and the proof of purchase. Return of goods should take place immediately to the address of the Seller Nomad Warsaw Solec 56, 00-382 Warsaw, but no later than within 14 days from the date of receipt by the Seller of the notice of withdrawal from the contract.
• The Seller will return the payment using the same means of payment that were used by the Customer in the original transaction, unless the Customer agrees to a different solution, in any case the Customer will not incur any fees in connection with this return.
• The Customer shall bear the costs of returning the Product.
• Digital products, including online gift cards intended for self-printing, are non-refundable in accordance with Article 38(13) of the Polish Consumer Rights Act of 30 May 2014.

   7. COMPLAINTS

• If the Goods have a defect, the Buyer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee was granted.
• Dusting of the carpet is not a basis for a complaint, as this is a natural feature of woolen, hand tufted carpets.
• Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
  • Submit a statement of price reduction
  • In the case of a material defect – make a declaration of withdrawal from the contract
  • Demand replacement of the item with a defect-free one
  • Demand removal of the defect
• In order to make a complaint, please send an email to the Seller at hello@nomadwarsaw.com or send a letter by regular mail to Nomad Warsaw Solec 56, 00-382 Warsaw.
• The reported complaint will be considered within 14 days. The result of its consideration will be notified to the Customer in writing to the email address or address of residence. Lack of response from the Seller within the indicated period will be considered as positive consideration of the complaint.
• The online store will reimburse the Customer for the returned/complained goods within 14 days, counting from the day of positive consideration of the complaint, to the account indicated by the Customer.
• If the goods are additionally covered by a warranty, information about it, as well as its terms, is available in the product description in the Store.
• The seller does not accept any shipments sent back cash on delivery.
• The customer has the right to use out-of-court procedures for handling complaints and pursuing claims. Detailed information on the out-of-court procedures indicated above is available at the offices and websites of district (city) consumer advocate, social organizations whose tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses: https://www.uokik.gov.pl/spory_konsumenckie.php
• Regardless of the provisions of section 7 above, the Customer may file his/her complaint through the EU online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
• Any disputes arising between a Customer who is not a Consumer and the Seller shall be resolved by a court with local jurisdiction over the Seller’s registered office.

 8. NEWSLETTER

• The Newsletter service is voluntary and free of charge and consists of sending by the Seller to the Customer’s e-mail address, messages in electronic form about discounts and promotional actions or services of the Seller, which may contain commercial information. The Newsletter is sent by the Seller to all Customers who have subscribed.
• The Newsletter service may be used by any Customer who enters his/her e-mail address, using the form available by the Seller on the website of the Online Store.
• After submitting the completed form, the Client will immediately receive, via e-mail, a confirmation from the Seller. With this moment, the contract for electronic provision of Newsletter service is concluded.
• The Client may at any time resign from receiving the Newsletter by unsubscribing via a link provided in each email or by sending an email requesting withdrawal of consent to receive the Newsletter to ……………………. (address). Withdrawal of consent does not affect the legality of personal data processing performed prior to its withdrawal.
• The Seller is entitled to block access to the Newsletter in case of violation by the Customer of the provisions of the law or the Terms and Conditions, including for security reasons, in particular in connection with breaking the security of the website of the Online Store, of which it will notify the Customer.

9. PERSONAL DATA

• The administrator within the meaning of the Regulation of the European Parliament and of the Council (EU) of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (hereinafter: “RODO”) with regard to Customers’ personal data is the Seller.
• Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement and company delivery, and if the Customer agrees, also for marketing purposes.
• Recipients of personal data of Customers of the Online Store may be:
  • The selected electronic payment processor of the Online Store, to whom the Administrator shares the collected personal data of the Customer in order to process the payment for the Order.
  • The selected carrier or shipping agent on behalf of the Administrator, in case the Customer uses a courier delivery method in the Online Store.
• The Customer has the right to access the contents of his/her data and to correct them.
• Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.

10. FINAL PROVISIONS

• Contracts concluded through the Online Store are written in the Polish language.
• The right of withdrawal from a contract concluded remotely does not apply to an entity other than a Consumer. Any liability of the Seller to a Customer who is not a Consumer is excluded. In case of a possible dispute with a Customer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.
• To the fullest extent permitted by law, the Seller shall not be liable for any interference, including interruptions in the functioning of the Shop caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Shop with the Client’s technical infrastructure.
• The Seller is not responsible for non-delivery of messages sent to the e-mail address indicated by the Customer, which is caused by blocking or deletion of e-mails by software installed on the computer used by the Customer or blocking by mail server administrators.
• The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law, changes in the price list, changes in the methods of payment and delivery, or to improve the functioning of the Online Store – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
• In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.