Regulations

REGULATIONS FOR THE ONLINE STORE

1. General rules
 
1. The online store operating at http://www.noxgear.eu/ (hereinafter referred to as the Shop) is the property of SG TRADE (hereinafter referred to as the Seller), running a business under the name "SG TRADE", company address: ul. Krzyżowa 5, 64-700 Czarnków, entered in the register of entrepreneurs under the number NIP 7631063189, REGON 572133494 telephone number: +48/606493004
2. These Regulations define the rules of using the Store, in particular the rights and obligations of the Seller and the Customer, the rules for placing orders and concluding and terminating purchase and sale agreements regarding products offered by the Seller, as well as the rules for the execution of these contracts and the principles of complaint handling and personal data protection . These Regulations also define the rules for the provision of electronic services, which are provided only to the extent to enable customers to make purchases through the Store.
3. Customers can at any time get free access to these Regulations on the website http://www.noxgear.eu including download and archive the content of the Regulations or print it out. The Regulations are also made available to Clients during the ordering procedure.
4. These Regulations are addressed both to consumers and to entrepreneurs using the Store, except for point  7 and 8 of the Regulations, which are directed only to Customers who are consumers, and also with the exception of those provisions of the Regulations, which clearly refer to consumers.
5. Customers can communicate with the Seller by e-mail, as well as by phone and in writing (contact details as in point 1.1 of the Regulations), with orders placed by customers using the order form, in accordance with the procedure provided for in point 3 of these Regulations.
6. All announcements, advertisements, price lists and other information posted on the websites http://www.noxgear.eu/ referring to the products posted there, do not constitute an offer within the meaning of the Civil Code, but an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
 
2. Services provided electronically.
 
1. The Seller provides services electronically consisting in enabling customers to set up a user account on the Store's website and making the order form available to Customers on the Store's website.
2. The user account service consists in enabling customers to use the Store's resources after logging in. Creating a user account requires filling in and submitting a registration form containing: name, address, correspondence address (if different from the main address) and e-mail address. The user account service is provided free of charge for an indefinite period. The customer may at any time, without giving any reason and at no cost, delete his user account by sending a request to the Seller to delete the account in writing or via e-mail (contact details specified in point 1.1 of the Regulations).
3. The order form service consists in allowing customers to place orders (declarations of will) for goods offered by the Seller via the Store's website, in accordance with the procedure provided for in point 3 of the Regulations. The service is provided free of charge and is of a one-off nature. The service is terminated immediately after placing the order.
4. To view the Store's assortment and place orders, a computer or other multimedia device with access to the Internet and an operating system enabling the launch of an Internet browser (eg Mozilla Firefox, Google Chrome, Opera, Internet Explorer) with Javascript and active Javascript must be active e-mail account.
5. The Seller informs that the basic risks associated with using the service provided electronically via the Internet include, in particular, interference by third parties (so-called hackers), computer viruses, Trojan horses or spam (unsolicited electronic messages sent simultaneously to many recipients) . It is in the interest of every user of services provided via the Internet to install legitimate and up-to-date software that protects the user's device from the above-mentioned threats.
6. Customers using the Store are obliged to refrain from any illegal activities, in particular from providing unlawful content and from interfering with the content of the Store or its technical elements.
7. Complaints regarding services provided electronically may be reported in writing or via electronic mail (contact details indicated in point 1.1 of the Regulations). Complaints will be considered by the Seller within 14 days.

3. Procedure for concluding a sale and purchase agreement.
 
1. The Shop accepts Customer orders via the website http://www.noxgear.eu/. Orders can be placed 24 hours a day, 7 days a week. Placing an order by the Customer is an offer to conclude a contract for the sale of products that are the subject of the order within the meaning of art. 66 § 1 of the Civil Code.
2. By placing an order, one should understand the choice of the type and number of products on the website http://www.noxgear.eu/ clicking the "add to basket" icon, filling in the order form, selecting the payment and delivery method, and then confirming and sending the order by clicking "Order and pay" icons. Orders placed via the Store entail the obligation to pay.
3. An essential element of the ordering procedure is the Customer's reading of these Regulations and its acceptance, which the Customer confirms by ticking the appropriate box before finalizing the order. Lack of acceptance of these Regulations during the ordering procedure makes it impossible to use the option of purchasing goods through the Store and requires the terms of the transaction to be agreed in a different form.
4. After the Customer submits a correctly filled order form, the Store immediately confirms the receipt of the order by sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer. Upon receipt of the above e-mail by the Customer, a purchase and sale agreement is concluded between the Customer and the Seller. This type of e-mail is at the same time a confirmation of the distance contract. The attachment to the e-mail is a PDF document containing all order data and the withdrawal form. 3.5. Contracts concluded through the Store are concluded in Polish or other selected language.
 
4. Prices and payments.
 
1. Prices of products presented on the Store's websites are gross prices (ie they include all components such as customs duties and taxes, including VAT) and are expressed in Polish zlotys (PLN).
2. Goods prices given on the Store's website do not include delivery costs. The product delivery costs (including transport, delivery and postal fees) are indicated to the Customer when placing the order, including when the customer wishes to be bound by the sales contract. The cost of delivery depends on the method of delivery chosen when placing the order. The total cost of the order, including the price of the product and the cost of delivery, is visible when summarizing the order.
3. The binding and final price is the price at the moment of placing the order by the customer.
4. Payment for the ordered goods may be in the payment forms possible to choose in the order form.
5. Fiscal receipts, invoices or VAT invoices are issued for all goods ordered in the Store.
 
5. Delivery.
 
1. The delivery of the product to the customer is payable, unless the contract of sale provides otherwise (see point 4.2 of the Regulations) or the customer will arrange transport or make a personal collection.
2. The ordered products are delivered via a courier company or Poczta Polska, according to the Client's choice made when placing the order. Ordered goods are delivered - depending on the customer's choice - directly to the customer's address indicated in the order form.
3. Deliveries of goods ordered via the Store are carried out on the territory of the Republic of Poland. If you wish to purchase goods with a delivery place outside of the Republic of Poland, please contact the Store before placing an order to determine the possibility of delivery and its costs. In this case, delivery costs will be determined individually and communicated to the customer before placing an order.
4. The order delivery time is from 2 to 14 working days, counting from the date of placing the order by the customer, unless a different date is specified in the product description or when ordering.
5. After receiving the parcel, the customer should, as far as possible, check the delivery status in the presence of the supplier. In the case of any damage to the shipment during transport, it is recommended, if possible, to refuse collection of the shipment by the customer or write in the presence of the supplier of the protocol determining the condition of the shipment and the circumstances of the damage, which significantly facilitate any complaint proceedings.

6. Procedure for dealing with complaints.
 
1. The store is obliged to provide customers with sold items without physical or legal defects (warranty). In the case of defects in the acquired goods, the Customers are entitled to the rights provided for in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the part referring to the warranty (art. 556 et seq.).
2. Complaints shall be submitted to the electronic address of the Store's registered office referred to in point 1.1 of the Regulations. The complaint should contain the Customer's contact details, information about the type of defects and the date of their finding, the Customer's request, and in case of doubt also some kind of confirmation of purchase of the goods in the Store. The above complaint is in the form of a recommendation, and complaints with a different content will also be considered by the Seller.
3. If it is necessary to read the complaint by the Seller with the sold item, the Customer who exercises the warranty under the warranty, will be obliged to deliver the item to the place marked in the sales contract at the Seller's expense, and if such place is not specified in the contract - to the place where the item was delivered to the customer. If, due to the type of thing or the method of its installation, delivery of things by the Customer would be excessively difficult, the Customer is obliged to make available to the Seller in the place where the item is located.
4. The shop will address customer complaints within 14 days.
5. The Store does not provide a separate warranty for sold products (some products may be covered by the manufacturer's warranty), as well as does not provide post-sale services.
6. The complaint form is available here.

7. The right to withdraw from the contract.
 
1. According to art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) A customer who is a consumer who concluded a distance contract via the Store may, within 14 days, withdraw from it without giving any reason and without incurring costs, with the exception of the costs specified in points 7.4, 7.5 and 7.8 of the Regulations. The instruction on the right of withdrawal, containing in particular information on the manner and date of exercising the right of withdrawal from the contract and the cost of returning goods in the event of withdrawal from the contract, which the Customer bears, constitutes attachment No. 1 to these Regulations.
2. The Customer may use the template of the declaration on withdrawal from the contract constituting an attachment to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827), as well as the return form sent to the e-mail address Customer's e-mail after completing the order, however it is not obligatory.
3. In the event of withdrawal from the contract, this contract shall be considered void. If the Customer who was a consumer made a statement before the Seller accepted his offer, the offer ceases to be binding.
4. If the Customer chose the method of delivery of the item other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund such additional costs incurred by the Customer.
5. The customer bears the direct cost of returning the item. In the case when goods due to their nature (eg large-size goods) can not be sent back by regular mail, the cost of returning the goods will depend on the price list of the carrier that provides the transport service.
6. The Customer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
7. The right to withdraw from a distance contract is not available to the Customer in relation to the contracts listed in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827), in particular:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
b) in which the object of the service is a perishable item or having a short shelf-life;
c) in which the subject of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
d) in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things.
8. If the Customer requested the provision of services (if such services provide the Seller at all) before the deadline to withdraw from the contract, will pay the Seller an amount proportional to the scope of services fulfilled until the Customer informed the Seller of the withdrawal from this contract. 9. The customer should secure the returned goods in such a way as to minimize the risk of damage in transit.
 
8. Out-of-court ways to handle complaints
 
1. If the entrepreneur does not acknowledge the complaint of the Customer who is a consumer and he does not agree with his decision, he may use the available out-of-court complaint and redress methods.
2. In particular, the Customer may apply to the appropriate voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of a dispute between the Customer and the Seller in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended). Mediation is voluntary (both parties must agree to it), and a possible settlement of the parties must also be the result of agreement between both parties. An effective application for mediation does not guarantee that it will be carried out, let alone its outcome.
3. The customer also has the option to request a settlement of the dispute arising from the sale agreement concluded by a permanent amicable consumer court at the voivodeship inspectorate of the Trade Inspection referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended). The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws 2001, No. 113, item 1214).
4. Detailed information on out-of-court complaint and redress procedures are also available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection and Provincial Inspectorates of Trade Inspection.

9. Personal data protection.
 
1. The Seller processes personal data of his clients in accordance with the provisions of the Act of 29 August 1997. on the protection of personal data (consolidated text: Journal of Laws of 2002 No. 101 item 926) and the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended) d.).
2. Providing personal data by the customer is voluntary. Customers have the right to request supplementing, updating, rectifying personal data, temporary or permanent suspension of their processing or their removal.
3. The administrator of personal data provided by customers is the Seller referred to in point 1.1. Regulations.
 
  10. Final Provisions.
 
1. The Seller honors all consumer rights provided for in the provisions of generally applicable law, in particular in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these regulations are not intended to exclude or limit any consumer rights under the law. Any possible doubts should be explained in favor of consumers using the Store. Provisions of the Regulations less favorable to the consumer than the provisions of the above acts are invalid, and in their place the provisions of this Act shall apply.
2. The Regulations may be changed due to important reasons, in particular in the event of changes to the law. In the case of concluding a contract of a continuous nature under these Regulations, the amended Regulations bind the Customer, if the requirements set out in Art. 384 and 3841 of the Civil Code, the Customer has been properly informed about the changes and has not terminated the contract within 14 days from the date of notification. In the case of concluding agreements of a different nature than the continuous ones under these Regulations, amendments to the Regulations shall not in any way affect the rights of Customers acquired before the amendments enter into force.
3. Appendices to the contract are:
1. Instructions on the right to withdraw from the contract,
2. Template of the statement of withdrawal from the contract. These annexes form an integral part of the Regulations.
4. The Regulations are in force from October 18, 2017. For contracts concluded before the day of entry into force of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) and these Regulations, the current provisions shall apply.
 
 
NOTICE ABOUT THE RIGHT TO WITHDRAW FROM THE AGREEMENT (Article 27 of the Act of 30 May 2014 on consumer rights) The right to withdraw from the contract: You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item. To exercise your right to withdraw from the contract, you must inform us (store address: ul. Krzyżowa 5, 64-700 Czarnków Tel +48/606493004 of your decision to withdraw from this contract by an explicit statement (for example, a letter sent by post or email) . You can use the model withdrawal form, but it is not mandatory. To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract:
In the event of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract.
We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this return. We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
Please send back or give us the item immediately, and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days.
You will have to bear the direct cost of returning the goods. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the

SMAPLE FORM OF WITHDRAWING FROM THE AGREEMENT
(this form should be filled in and returned only if you wish to withdraw from the contract, to the distributor's address: SG TRADE ul. Krzyżowa 5, 64-700 Czarnków tel: +48/ 606 493 004
- Ja / My (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*): .................................................. .......................... ..................................................
- Date of conclusion of the contract (*) / receipt (*): .................................................. ..........................
- Name and surname of consumer (s): .................................................. ..........................
- Consumer (s) address: .................................................. ..........................
- Signature of the consumer (s): ............................................ (only if the form is sent in paper version)
- Date: ............................
 
(*) Delete as applicable.