Terms and Conditions
§ 1 Preliminary Provisions
The online store MONTCLAIR POLONIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, accessible at the website www.nopal.pl.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the online store and define the rules for using the online store and the principles and procedures for concluding Sales Agreements with the Customer at a distance through the Store.
§ 2 Definitions
Consumer - a natural person who enters into an agreement with the Seller through the Store, the subject of which is not directly related to their business or professional activity.
Seller - MONTCLAIR POLONIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ - 35-113 Rzeszów, ul. Akacjowa 47, Tax Identification Number (NIP) 8133769749 REGON 369353971.
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, legal person, or an organizational unit without legal personality, which is granted legal capacity by a separate law, conducting business on their own behalf and using the Store.
Store - an online store operated by the Seller, available at www.nopal.pl.
Distance Agreement - an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the agreement is concluded.
Terms and Conditions - these store regulations.
Order - a declaration of will by the Customer made using the Order Form, aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
Order Form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart - a Store's software component in which the selected Products for purchase are visible, and there is an option to determine and modify the Order details, especially the quantity of Products.
Product - a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales agreement concluded or to be concluded between the Customer and the Seller through the online store. Sales Agreement also means, with regard to the features of the Product, a service agreement and a work agreement.
§ 3 Contact with the Store
Seller's address: ul. Akacjowa 47 35-113 Rzeszów
Seller's email address: email@example.com
Seller's phone number: +48 604 559 880
The Customer can contact the Seller by phone from 08:00 to 16:00.
§ 4 General Information
To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful activities of third parties, or incompatibility of the online store with the Customer's technical infrastructure.
Browsing the Store's range does not require the creation of an Account. Placing orders by the Customer for Products in the Store's assortment is possible by providing the necessary personal and address details allowing order fulfillment without creating an Account.
The prices in the Store are given in Polish zlotys and are gross prices (including VAT).
§ 5 Order Placement
To place an Order, you should:
Select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent).
Use the option to place an Order without registration.
Complete the Order Form by entering the recipient's details and the delivery address, choose the type of delivery (method of Product delivery), enter invoice details if they differ from the recipient's details.
Click the "Order and Pay" button/ click the "Order and Pay" button and confirm the order.
Choose one of the available payment methods and pay the order within the specified period, subject to § 8 point.
§ 6 Offered Delivery and Payment Methods
The Customer can use the following methods of delivery or receipt of the ordered Product:
a) DHL, DPD shipment, delivery time 1-4 business days
b) INPOST Paczkomat shipment, delivery time 1-4 business days
a) Electronic payments via Przelewy24.pl or payment on delivery.
§ 7 Performance of the Sales Agreement
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the online store according to § 5 of the Terms and Conditions.
After placing the Order, the Seller confirms its receipt immediately and accepts the Order for processing. Confirmation of the Order's receipt and its acceptance for processing occurs by sending the Customer an appropriate email message to the email address provided by the Customer during the Order, containing at least the Seller's statements regarding the receipt of the Order and its acceptance for processing and confirming the conclusion of the Sales Agreement. Upon receiving the above-mentioned email message, the Sales Agreement is concluded between the Customer and the Seller.
In the case of choosing payment by transfer, electronic payments, or credit card payment, the Customer is required to make the payment within 2 calendar days from the date of concluding the Sales Agreement; otherwise, the order will be canceled.
The Product will be sent by the Seller within the delivery time specified in its description, in the manner chosen by the Customer when placing the Order.
The start of the delivery time of the Product to the Customer is calculated as follows: In the case of choosing payment by transfer, electronic payments, or credit card payment - from the date of crediting the Seller's bank account.
§ 8 Right of Withdrawal from the Agreement
The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
The running of the period specified in section 1 starts from the delivery of the Product to the Consumer or a person other than the carrier indicated by the Consumer.
In the case of an Agreement that covers several Products that are delivered separately, in batches, or in parts, the 14-day period mentioned in section 1 runs from the delivery of the last item, batch, or part.
In the case of an Agreement that consists of regular delivery of Products for a specified period (subscription), the 14-day period referred to in section 1 runs from the taking into possession of the first item.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of this period.
The statement can be sent by traditional mail or electronically.
The Seller shall promptly, no later than within 14 days from the date of receiving the Consumer's statement on withdrawal from the Agreement, return all payments made by the Consumer, including the cost of delivery of the Product to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Product is received back or proof of its return is provided to the Seller, depending on which event occurs first.
§ 9 Complaints and Warranty
The Seller is obliged to deliver the Product without defects.
The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
If the Product has a defect, the Customer can:
a) make a statement of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a defect-free one or to remove the defect.
b) request the replacement of the Product with a defect-free one or the removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer.
c) instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a defect-free one or instead of the replacement of the Product demand the removal of the defect, unless bringing the Product to compliance with the Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Product, the type and significance of the defect, as well as the inconvenience to which the Consumer would be exposed due to other methods of satisfaction, are taken into account.
The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the Seller's address. In the case of a Customer who is a Consumer, the costs of delivering the Product are borne by the Seller.
The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer, and if the Product is used within one year from the date of finding the physical defect.
The complaint can be submitted by the Customer, for example:
It is recommended that the complaint includes a description of the defect, circumstances (including the date) of its occurrence, the Customer's request, and the Customer's contact details.
The Seller will respond to the Customer's complaint promptly, no later than within 14 days from the date of its submission. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Seller has considered the complaint justified.
Detailed information concerning the Seller's warranty and the Customer's rights resulting from it is provided in the website www.nopal.pl in the warranty tab.
§ 10 Personal Data
The Seller is the administrator of the Customers' personal data necessary for the implementation of the placed Orders.
§ 11 Reservations
The Seller is not liable for any disruptions in the functioning of the Store caused by force majeure, unauthorized activities of third parties, or incompatibility of the Store with the Customer's technical infrastructure.
The Seller reserves the right to limit the provision of services through the Store, to persons who violate the Terms and Conditions, in particular, to persons who provide incomplete or false data.
Persons using the Store are obliged to respect the personal rights and copyrights as well as the intellectual property of the Seller and third parties. The Seller is not responsible for placing materials by the Customer who infringes the rights of third parties.
§ 12 Final Provisions
Agreements concluded through the Store are concluded in Polish.
The Seller reserves the right to amend these Terms and Conditions for important reasons, that is changes in the law; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; and the General Data Protection Regulation (GDPR).
Customers can access these Terms and Conditions at any time via the link found on the main page of the Store and download it and print it.
Montclair Polonia Sp. z o.o.
Ul. Akacjowa 47