Table of contents

1. general provisions

2 Definitions

3 Contacting the Store

4 Technical requirements

5. general information

6 Rules for placing an Order

7 Delivery and payment methods offered

8 Execution of the Sales Agreement

9 Right of withdrawal from the Sales Agreement

10. right to use Works

11 Complaints

12 Provisions for Entrepreneurs

13 Out-of-court ways of dealing with complaints and claims

14. personal information in the Online Store, privacy

15 General product safety

16 Final provisions

Appendix No. 1 of the Regulations Model withdrawal from speech

 1. General provisions

1. 1NASTY online store, available at the following web address 1nasty.com, is run by Robert Jedynasty conducting business under the name Rezoner XI- Robert Jedynasty Golesze Duże 21A, 97-320 Wolbórz NIP: 9231654344 REGON: 380478572.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the Online Store and the rules and procedure for concluding Distance Sales Contracts with the Customer through the Store.

2. Definitions

Whenever these Regulations refer to:

• Order form - should be understood as an interactive form available in the Store that allows you to place 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;
• Customer - should be understood as any entity making purchases through the Store;
• Account - it should be understood as the customer's account in the Store, where the information provided by the Customer and information about the Orders placed by him in the Store are collected;
• Consumer - it should be understood as a non-business person and a business person who enters into a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity;
• Basket - it should be understood as an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products;
• Product - it should be understood as a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller;
• Product Charter - it should be understood as a page that provides detailed information about a particular Product, sold in the Store;
• Entrepreneurs - it should be understood as a natural person running a business, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store;
• Store - it should be understood as the online store operated by the Seller at the Internet address 1nasty.com;
• Vendors - should be understood as Robert Jedynasty conducting business under the name Rezoner XI- Robert Jedynasty Golesze Duże 21A, 97-320 Wolbórz NIP: 9231654344 REGON: 380478572.
• Sales Agreement - should be understood as a contract for sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood to mean - according to the characteristics of the Product - a contract for the provision of services and a contract for work;
• Agreement concluded at a distance - shall mean a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract;
• Order - it should be understood as a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Sales Contract of a Product or Products with the Seller.

3. Store Contact

1. The seller allows you to contact him, regardless of the time of day, as follows:

1. contact by letter, at the following postal address: Rezoner XI- Robert Jedynasty Golesze Duże 21A, 97-320 Wolbórz;
2. email contact, at the following email address: [email protected].

2. The seller also allows you to contact him by phone, at the following phone number: 880209010 between10am and 4pm, Monday through Friday.
3. The vendor has the following bank account number:
   1. For transfers in PLN: PL95 1140 2004 0000 3702 7772 4927
   2. For transfers in EUR: PL43 1140 2004 0000 3112 2248 7242
   3. For transfers in USD; PL07 1140 2004 0000 3912 2248 0126

4. Technical requirements

For proper and uninterrupted use of the Store, including browsing the Store assortment and placing orders for Products, the Customer should have:

1. a terminal device with access to the Internet (such as a computer or smartphone) and a web browser installed to the latest version;
2. active electronic mail (e-mail) account;
3. cookies enabled.

5. General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for interference, including interruptions, in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
2. Browsing the Store's assortment and making orders does not require creating an Account, however, the Customer has such a possibility. Registration takes place in accordance with the rules set forth in § 6.
3. Placing of Orders by the Customer for Products in the Store's assortment is possible by providing necessary personal and address data, enabling the execution of the Order.
4. The prices given in the Store, i.e. in the Product Card, are given in Polish zlotys and are gross prices, including commission to the payment operator and VAT.
5. The amount to be paid by the Customer consists of the price for the Product and the cost of delivery. The Customer is informed of the total amount to be paid when placing the Order.
6. The Seller reserves the right to make changes in the prices of Products on an ongoing basis, as well as to carry out promotional actions and sales, under the conditions specified in the announcement informing about a given promotional action and sale. The Customer does not have the right to request consideration of a change in the price of a Product if an order is placed before the effective date of the price change, the terms of the promotional action or sale.
7. VAT invoices are issued for products purchased from the Online Store.
8. The Customer who is a Consumer declares that he agrees to issue a billing document in the form of a VAT invoice in place of a receipt.
9. The Customer, both business and consumer, declares that he/she agrees to issue and send invoices in electronic form, in accordance with Article 106n of the VAT Act, to the e-mail address indicated in the order.
10. By electronic form, the Parties mean, among other things, a file in pdf format, as well as an electronic image of an invoice.

6. Store registration and account deletion

1. The customer has the opportunity to create an account in the Store using the registration form.
2. Registration in the Store is free.
3. The purchase of a Product does not require the creation of an account in the Store.
4. For registration, the customer is required to provide the following data:

• • name;
  • email address;
  • login;
  • password.

The e-mail address/Login and password will be the login data, which is mandatory to provide each time you try to log in to your account in the Store.

5. Before registering, the Customer should read the Terms and Conditions and make a statement according to which he/she confirms knowledge of the Terms and Conditions and accepts their content. Acceptance of the Terms and Conditions is not mandatory, but its absence prevents the creation of an account in the Store.
6. After creating an account in the Store, the Customer should provide the following data:

• name (required);
• email address (required);
• telephone number (required);
• company (optional);
• address, i.e. street, building/apartment number, postal code and city (required);
• country (required).

7. The Customer may delete his/her account in the Store. For this purpose, he should contact the Seller by e-mail, at the e-mail address referred to in § 3 paragraph 1 letter b).

ALSO

The customer can delete the account in the Store. To do this, he should use the „Delete account” option, located in the „Settings” tab.

8. The customer acknowledges that the deletion of the account in the Store is irreversible.

7. Rules for placing an Order

1. In order to place an Order, you must:

• select the Product, including the number of copies of the Product, and then add it to the shopping cart using the „Add to cart” button;
• After completing the Order, proceed to the shopping cart. To do this, hover over the shopping cart icon in the navigation bar and click the „checkout” or „view cart” button;
• After verifying the Order, proceed to its execution, using the „Proceed to payment” button;
• provide the following details for delivery in the Order Form:
  • name (required);
  • email address (required);
  • telephone number (required);
  • company (optional);
  • address, i.e. street, building/apartment number, postal code and city (required);
  • country (required);
  • order comment (optional);
• provide the following invoice details:
  • name (required);
  • company (optional);
  • TIN (optional);
  • address, i.e. street, building/apartment number, postal code and city (required);
  • country (required);
  • phone number (required)
  • email address (required)
• select the method of payment and delivery;
• use the button (depending on the selected method) „Pay with Autopay”, „I buy and pay;
• Depending on the selected payment method, confirm the Order and proceed to payment with the „Confirm and Pay Order” button, or only confirm the Order with the „Confirm Order” button.

2. After the Order is placed, the Customer will be informed in e-mails, sent to the e-mail address provided by the Customer when placing the Order, about the current status of the Order.

8. Delivery and payment methods offered

1. The customer can use the delivery methods indicated each time after going to the shopping cart.

2. The customer can use the following payment methods:

• • By using the electronic payment system - through the service, AUTOPAY and PAYPAL.
  • making a transfer to the Seller's bank account, indicated in § 3 paragraph 3 of the Regulations;

3. Payment is made in advance, before delivery of the Product to the Customer, subject to Orders for which the „Payment on Delivery” option has been used.
4. If the Customer chooses the method of payment in the form of a transfer to the Seller's bank account, in the title of the transfer the Customer should specify the order code, generated after placing the order.
5. Delivery is made within 48 hours after payment for the Product is credited.

9. Performance of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Store, in accordance with § 6. of the Terms and Conditions.
2. Once the Order has been placed and paid for, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. Regardless of the choice of payment method, in accordance with § 8. paragraph 2 of the Terms and Conditions, the Customer is obliged to pay the amount of the Order.
4. The beginning of the period for delivery of the Product to the Customer is calculated as follows from the moment the Seller accepts the Order for processing.
5. Delivery of the Product takes place on the territory of Poland and the countries of the European Union.
6. If the Customer provides an incorrect or inaccurate delivery address, the Seller shall not be liable for non-delivery or delay in delivery of the Product.

10. Right of withdrawal from the Sales Agreement

1. The right of withdrawal from a Contract concluded at a distance does not apply to the Consumer with respect to the Contract:

• • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement;
  • in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
  • in which the object of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs;
  • in which the object of performance is an item that is perishable or has a short shelf life;
  • in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
  • in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
  • in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
  • in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides things other than spare parts necessary to perform repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or things;
  • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
  • for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
  • concluded through a public auction;
  • for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
  • for the supply of Digital Products that are not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.

2. In the case other than indicated in paragraph 1, the Consumer may withdraw from the Sales Agreement within 14 days without giving any reason. The course of the aforementioned period begins from the taking of possession of the item by the Consumer or a third party other than the carrier designated by the Consumer.
3. In the case of a Contract involving multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 2 shall run from the delivery of the last Product, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
5. The statement may be sent by traditional mail or electronically, by sending the statement to the addresses - postal or e-mail - specified in § 3. paragraph 1 of these Regulations.
6. The statement can also be submitted on a form, the model of which is attached as Appendix 1 to these Regulations.
7. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer, to the e-mail address provided by the Consumer, confirmation of receipt of the statement of withdrawal from the Sales Agreement.
8. The effects of withdrawal from the Sales Agreement are as follows:

• • In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded;
  • In the event of withdrawal from the Sales Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, all payments made by the Consumer, including the costs of delivery of the Product, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller;
  • The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him;
  • The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
  • The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.

9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
10. The Seller shall not be obliged to reimburse directly to the Consumer if he has made payment for the order using someone else's bank account, credit or payment card. In such a situation, the refund will be made directly to the holder of the bank account, credit or payment card, using which the payment was made to the Seller or otherwise, with the express consent of the Consumer.
11. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

11. Complaints

1. The Sales Contract covers new Products.
2. The Seller shall be liable to the Consumer for non-compliance of the Product with the Agreement. The provisions of the Law of May 30, 2014 on Consumer Rights apply to the complaint procedure in such a case. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
3. If the Product is covered by a warranty, the Customer will be informed of this by including the appropriate information in the Product card.
4. A complaint should be reported in writing or electronically to the Seller's addresses given in § 3. paragraph 1 of these Regulations or using an electronic complaint form, made available by the Seller on one of the subpages of the Store.
5. The Seller shall respond to the complaint request immediately, but no later than within 14 days. If the Seller does not respond to the Consumer's complaint request within 14 days, it is considered that the Consumer's request has been recognized as justified.
6. The Seller shall be liable for the lack of conformity of the Product with the Contract if the non-conformity existed at the time of delivery of the Product to the Consumer or a third party other than the carrier designated by the Consumer and was disclosed within two years from that time, unless the expiration date of the Product as specified by the Seller or the Manufacturer is longer.
7. If the Product does not conform to the Agreement, the Consumer may request repair or replacement of the Product.
8. The Consumer, exercising his rights due to the lack of conformity of the Product with the Contract, is obliged to deliver the Product to the Seller at his expense. Products sent back under the complaint procedure should be sent to the address specified in § 3. of these Regulations.
9. The Seller is not obliged to provide the Consumer with a replacement Product for the duration of the complaint procedure.
10. In the case of non-conformity of the Product with the Agreement, if repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
11. If the Product is inconsistent with the Contract, the Consumer may make a statement of price reduction or withdrawal from the Contract when:

1. The Seller refused to bring the Product into conformity with the Agreement on the grounds that repair and replacement are impossible or would involve excessive costs for the Seller;
2. The Seller failed to repair or replace the Product within a reasonable time from the moment it was informed by the Consumer about the lack of conformity of the Product with the Agreement, and without undue inconvenience for the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it; the Seller failed to collect the Product from the Consumer at its expense; the Seller failed to disassemble the Product and reinstall it after repairing or replacing it or having these activities performed at its expense, when the Product was installed before the lack of conformity of the Product with the Agreement became apparent;
3. the Product's non-conformity with the Contract continues even though the Seller has tried to bring the Product into conformity with the Contract;
4. the lack of conformity of the Product with the Contract is so significant as to justify a reduction in price or withdrawal from the Contract without first resorting to a request for repair or replacement;
5. it is clear from the Seller's statement or circumstances that he will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer.

12. The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on price reduction.
13. If the non-conformity with the contract concerns only some of the Products delivered under the contract, the consumer may withdraw from the contract only with respect to those Products, as well as with respect to other Products purchased together with the non-conforming Products, if the consumer cannot reasonably be expected to agree to keep only the non-conforming Products.
14. If the complaint is accepted on the basis of the Consumer's statement of price reduction or withdrawal from the Agreement, the Consumer shall receive a refund in the same value and form of payment as shown on the fiscal receipt or VAT invoice. The refund takes into account all discounts received at the time of purchase.
15. The Seller shall not be liable for non-compliance of the Product with the Contract if the Consumer, at the time of conclusion of the Contract, knew about such non-compliance with the Contract. The above also applies if the Product does not meet the individual subjective feelings or expectations of the Consumer only.
16. In the case of reimbursement caused by the recognition of the claim request, the provisions of § 10 of these Regulations will apply accordingly.

12. Provisions for Entrepreneurs 

1. The provisions of this paragraph apply only to Entrepreneurs.
2. The Seller's liability under the Product warranty to the Entrepreneur is excluded.
3. As soon as the Product is handed over to the carrier selected by the Entrepreneur, the benefits and burdens of the Product and the danger of accidental loss or damage to the Product are transferred to the Entrepreneur. The Seller in such case shall not be liable for any loss, loss or damage to the Product arising from that moment, including any delay in delivery of the Product.
4. Entrepreneur is not entitled to withdraw from the concluded Sales Agreement.
5. The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Entrepreneur against the Seller.
6. The Seller may terminate the Sales Agreement concluded with the Entrepreneur with immediate effect and without indicating the reasons for such termination. It will be sufficient in such a situation to send an appropriate statement to the Entrepreneur.
7. The Seller's liability to the Entrepreneur is limited, regardless of its legal basis, to the amount of the price paid and the cost of delivery of the Product under the Sales Contract. The Seller shall not be liable to the Entrepreneur for lost profits.
8. Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.

13. Out-of-court ways of dealing with complaints and redress of grievances

1. Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

• • http://www.uokik.gov.pl/spory_konsumenckie.php;
  • http://www.uokik.gov.pl/sprawy_indywidualne.php and
  • http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following examples of out-of-court means of complaint handling and redress:

• • The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller;
  • The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller;
  • A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers);
  • The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

14. Personal information in the Online Store, privacy

1. The administrator of the Customers' personal data, within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 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 repealing Directive 95/46/EC (General Data Protection Regulation), collected through the Online Store, is the Seller.
2. Data is processed in accordance with the Privacy Policy, available on the Seller's website at https://1nasty.com/polityka-prywatnosci/
3. The administrator of personal data shall not be liable for any false personal data provided by the customer.
4. Vendor agrees to delete files uploaded to its server after ... days/months after upload.

15. General product safety

1. Products offered for sale through the online store comply with the requirements of Regulation (EU) 2023/988 of the European Parliament and of the Council of May 10, 2023 on General Product Safety (GPSR).
2. The product range includes at least:
   1. the name or surname, registered trade name or registered trademark of the manufacturer, as well as the postal and electronic address at which he can be contacted;
   2. information to identify the product, including its image, type, as well as other product identifiers;
   3. Any warnings or safety information.
3. Customers can report accidents or product safety issues via a dedicated email box: [email protected]
4. The report of an accident or product safety problem should indicate
   1. Product name and serial number and manufacturer's designation.
   2. Date of purchase and place of purchase (e.g., online store, point of sale).
   3. Description of the problem, including the circumstances under which it occurred (if applicable).
   4. Contact information of the applicant (name, email, phone).
   5. If possible, photos or videos documenting the problem.
5. In the case of products for which the Seller is treated as a manufacturer, reports of an accident or a problem related to product safety are transmitted about the competent authorities of the Member State where the accident took place through the Safety Business Gateway within 5 working days after the Seller became aware of the accident.
6. In the case of products for which the Seller is treated as an importer/distributor, reports of an accident or problem related to product safety are forwarded to the manufacturer, within 7 working days from the moment the Seller learns of the accident.
7. The Producer shall make the notification in accordance with paragraph 4 or instruct the Seller to make the notification.

16. Final provisions

1. Contracts concluded through the Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is:

1. changes in legislation;
2. changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations;

3. The Seller will inform the Customer of any change at least 7 days in advance.
4. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular the Act of April 23, 1964 Civil Code, the Act of July 18, 2002 on the provision of electronic services, the Act of May 30, 2014 on consumer rights, the Act of May 10, 2018 on the protection of personal data.

Appendix No. 1 of the Regulations Model withdrawal from speech

Name of consumer(s)

.............................................

Address of the consumer(s)

…………………………………….

Statement

about withdrawal from a distance contract

or off-premises

I/We (*)..................................... hereby inform(*) about my/our(*) withdrawal from the contract of sale of the following things(*) ............................................ / contract of delivery of the following things(*) .................................................................... / contract for the performance of the following things / contract for the provision of the following service(*).............................................................................................................. .

Date of contract¹/acceptance²(*)..................................................................

..........................................

Signature of the consumer(s)

(*) Delete as appropriate

¹     specify if the contract was for the provision of services

²     specify if the contract was for the purchase of goods