Statute
§ 1. Definitions
Regulations – these Regulations, specifying the rules for concluding distance selling agreements via the Online Store, the rules for performing these agreements, the rights and obligations of the parties to the Distance Selling Agreement, and the rules for complaint procedures. With respect to services provided electronically, the Regulations are, respectively, the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which concludes a Distance Selling Agreement with the Seller.
Consumer – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
Individual entrepreneur – a natural person concluding a Distance Selling Agreement directly related to his/her business activity, when the content of this agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
Seller:
Nexeltron, tel. +48 510 775 467, nexeltron@nexeltron.com
NIP PL6731734033, REGON 080289834.
Seller's registered office address: Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski.
Online Store – an online service operated by the Seller, available at: https://nexeltron.com, through which the Customer may obtain information about the Goods and their availability, as well as purchase the Goods or order the provision of a service.
Distance selling agreement – a sales agreement for Goods/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded via the Online Store.
Goods – a movable item that the Customer can purchase in the Online Store.
Digital Service – a service that allows the Consumer to: produce, process, store or access data in digital form; share data in digital form that has been sent or produced by the Consumer or other users of this service; and engage in other forms of interaction using data.
Digital content – data produced and delivered in digital form.
Online Store Privacy and Cookie Policy – a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookie Policy constitutes Appendix 3 to the Terms and Conditions and is available at https://nexeltron.com/pages/polityka-prywatnosci
Durable medium – a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form, in particular electronic mail.
Electronic order form – an electronic ordering procedure provided by the Seller to the Buyer.
Electronic returns form – an electronic returns procedure provided by the Seller to the Buyer.
Electronic complaint form – an electronic complaint procedure provided by the Seller to the Buyer.
Sending the order – confirmation of the order by the Customer clicking the “Order and pay” button, which is treated as the Customer submitting a binding declaration of intent to conclude a Distance Selling Agreement with the Seller.
Account – a set of data stored in the Online Store and in the Seller’s IT system regarding a given Customer and the orders placed by him/her and the Distance Selling Agreements concluded, through which the Customer may place orders and, in due time, cancel or edit and conclude Distance Selling Agreements.
Opinion on order handling or opinion on individual Goods – subjective statements and ratings awarded in the form of stars from 1 to 5.
Subscription Order – an order created automatically as part of the Subscription.
Subscription – an electronic service enabling the automatic creation of subscription orders for specific Goods, in accordance with the recurrence selected by the Customer, without the need to place separate orders until the Subscription ends.
Recurring payments – discontinued.
Operator – withdrawn.
Card – a payment card issued under the Visa or Mastercard systems, permitted by the regulations of these systems to execute transactions without physical presence.
§ 2. General provisions
Types and scope of services provided electronically:
• concluding online sales agreements – in the scope of Goods sold in the Online Store,
• rules for registering and using the Account within the Online Store,
• adding opinions, comments and ratings – the customer can add an opinion or comment to his order,
• sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, and acceptance of the order for execution.
The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: a current version of the browser (Firefox/Chrome/Microsoft Edge) and any PDF viewing program.
The content published on the Online Store website, including descriptions of the Goods and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
The Seller makes these Terms and Conditions, along with their Appendices, available via a link on the home page before, during, and after the conclusion of the Distance Selling Agreement. The Buyer may download and print them.
In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted via the Internet.
§ 3. Orders
Orders can be placed in the Online Store via an Account or without registration, in which case an internal account is created, which the Customer can then use to create an Account. This internal account is maintained until the data is deleted from the system or the Account is blocked.
Purchases are made by completing the Electronic Order Form available on the Online Store website. The ordered Goods are selected by adding them to the shopping cart. The Electronic Order Form specifies, among other things, which Goods, at what price, and in what quantities the Customer wishes to order to the location they specify. The Customer then takes appropriate technical steps based on the displayed messages.
After the Customer provides all the necessary data, a summary of the placed order will be displayed, including: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods (including delivery and other costs, if any), the selected payment method, the selected delivery method, delivery time and costs.
If the subject of the contract is the delivery of Digital Content or Digital Services that are not recorded on a tangible medium, or services provided electronically or remotely, the Consumer shall provide the following consent in an additional checkbox required for placing the order and located on the Electronic Order Form: "I consent to the delivery of digital content that is not recorded on a tangible medium or to the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the aforementioned consent by email.
In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the Regulations and send the order by pressing the "Order and pay" button.
The sending of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Selling Agreement, in accordance with the provisions of these Regulations.
A distance sales contract is deemed to be concluded upon acceptance of the Electronic Order Form by the Seller, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.
After concluding a Distance Selling Agreement, the Customer will receive an email confirmation of the placed order, including: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Selling Agreement (Online Store Terms and Conditions, including Appendices 1 and 2), the Seller's details, the Seller's liability for the quality of the service, information about the services provided by the Seller after the sale, and the procedure and consequences of withdrawing from the agreement. Instructions on the procedure and consequences of withdrawing from the agreement are included in Appendix 1.
Until the Seller starts processing the order:
• The customer can change their order using the technical solution available on the Electronic Order Form website and by going through the entire ordering process again. A change to the order is made by placing a new order, which replaces the previously placed order. Alternatively, the payment made by the customer is applied to the new order, and in the event of an overpayment, it is refunded to the bank account from which the payment was made.
• The customer may cancel his or her order by selecting the “cancel order” option available on the Electronic Order Form page.
If the Customer cancels the order, the Seller will refund the payment received within 3 business days. The refund will be made using the same payment method used by the Customer.
The order processing time is from 1 to 10 business days from the date of conclusion of the contract.
§ 4. Payment
The Online Store offers prepayment and cash on delivery (with payment transferred to your account upon delivery). Deferred payment is available in situations individually agreed upon with the Seller.
Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
Currently available prepayment methods in the Online Store are available at https://nexeltron.com/pages/platnosc
§ 5. Delivery
On the Electronic Order Form, the Customer selects the delivery method by selecting the desired option.
If the Customer fails to collect the Goods, resulting in the Goods being returned to the Seller, the Seller may withdraw from the sales contract after first requesting the Customer to fulfill the contract via email provided during the purchasing process. Withdrawal from the contract is effected by submitting a declaration to the Customer via email.
In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
The currently available delivery methods in the Online Store are available at https://nexeltron.com/pages/wysylka
§ 6. Withdrawal from the contract – electronic return form
A consumer who has entered into a Distance Selling Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Selling Agreement, the Agreement is deemed not to have been concluded.
Individual Entrepreneurs also have the right to withdraw from the contract under the terms specified in paragraphs 6 and 7 of these Regulations. Where reference is made in paragraphs 6 and 7 of these Regulations regarding Consumers, this also applies to Individual Entrepreneurs.
In the event of withdrawal from the contract, the Consumer shall bear only the direct costs of returning the Goods.
The Consumer’s declaration must clearly express his or her will to withdraw from the contract, in particular the Consumer may:
• use the electronic return form available on the Online Store website: https://nexeltron.com/pages/zwrot
• withdraw from the contract using the withdrawal form, which is Appendix No. 2, by sending it to the address of the Seller's registered office.
The Seller will immediately confirm on a Durable Medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in points 1 and 2.
To meet the deadline, it is sufficient to send the declaration before its expiry.
The deadline for withdrawal from the contract begins:
• for a contract under which the Seller delivers the item and is obliged to transfer its ownership – from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the item, and in the case of a contract which:
– covers many things that are delivered separately, in batches or in parts – from the taking of possession of the last thing, batch or part;
– consists in the regular delivery of goods for a specified period of time – from the moment of taking possession of the first item;
• for other contracts – from the date of conclusion of the contract.
The form for the declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right to withdraw from the contract (Appendix No. 1 to these Regulations) are provided in electronic form.
In the event of withdrawal from the contract for the supply of Digital Content or a Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or a Digital Service, in particular by preventing the Consumer from accessing the Digital Content or a Digital Service.
In the event of withdrawal from the Agreement for the supply of Digital Content or Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and making it available to third parties.
The right to withdraw from a Distance Selling Agreement does not apply to agreements specified in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2019, item 134), including agreements:
• for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the performance that after the Seller has performed the service he will lose the right to withdraw from the contract and has acknowledged this;
• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires;
• the subject of which is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
• the subject of which is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
• the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
• for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the contract and has acknowledged this;
• whose subject matter is an item that spoils quickly or has a short shelf life, and whose subject matter is items that, due to their nature, are inseparably connected with other items after delivery;
• for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
• concluded through a public auction;
• for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
• where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and 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.
§ 7. Consequences of withdrawal from the contract
Within 14 days from the date of receipt of the declaration of withdrawal from the Contract of Sale of Goods, the Seller will refund to the Consumer all payments made by him, including delivery costs corresponding to the cheapest delivery method offered by the Seller.
The refund will be made using the same payment method used by the Consumer.
If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be returned in the chosen method and to the bank account provided by the Consumer.
If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of sending them back, whichever occurs first.
The Seller may offer to collect the item from the Consumer. However, if the Seller does not make such an offer, the Consumer should return the item to the Seller (or to a person authorized by the Seller to collect it) immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry. The Consumer should send the returned item to the Seller's registered office address.
The Consumer is liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The consumer may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
The Seller may request the return of the physical medium on which the Digital Content was delivered within 14 days of receiving the Consumer's declaration of withdrawal from the contract. The Consumer shall return the physical medium immediately and at the Seller's expense.
The Seller is obliged to refund the price only in the part corresponding to the Digital Content or Digital Service that is inconsistent with the contract and the Digital Content or Digital Service whose obligation to deliver has been eliminated as a result of withdrawal from the contract.
§ 8. Complaint
A complaint regarding a defect in the Goods or non-compliance of the Goods with the concluded Distance Selling Agreement may be submitted:
• via the Electronic Complaint Form,
• in writing to the Seller's registered office address or by e-mail to nexeltron@nexeltron.com
The complaint should specify the defect the Buyer believes the Goods have, the claim(s) against the Seller, and—if possible—document the defect and provide proof of purchase of the Goods from the Online Store. The Seller is obligated to respond to the complaint within 14 days of its receipt. If the Seller fails to respond within this timeframe, the complaint is deemed to have been accepted. The Seller will provide the Buyer with a response to the complaint in writing or on a durable medium.
The steps that the Buyer must take to submit a complaint, including the method of delivering the Goods complained about to the Seller, are indicated at individual stages in the Electronic Complaint Form.
If the Seller considers the complaint justified: the costs of replacement and repair, including the cost of shipping related to the complaint of the Goods, shall be borne by the Seller.
The Seller is liable to the Consumer and the Individual Entrepreneur for the lack of conformity of the Goods with the Distance Selling Agreement under the terms and conditions set out in the Act of 30 May 2014 on Consumer Rights.
The Seller is liable for any lack of conformity of the Goods with the Sales Agreement concluded at a distance existing at the time of delivery and discovered within two years from that time, unless the expiry date of the Goods specified by the Seller is longer.
The Seller will repair or replace the Goods within 14 days of the complaint being accepted. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, are borne by the Seller.
The Consumer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods at its own expense.
The Seller is obliged to deliver Goods free from defects and is liable to the Entrepreneur for defects in the purchased Goods under the terms set out in the Civil Code.
The provision of Digital Content or Digital Services to a Consumer or Individual Entrepreneur takes place in accordance with the principles set out in the Act of 30 May 2014 on Consumer Rights.
Digital Content is deemed to have been supplied when the Digital Content or a means by which the Digital Content can be accessed or downloaded has been made available to the Consumer or to a physical or virtual device that the Consumer has independently chosen for this purpose, or when the Consumer or such a device has gained access to it.
A digital service is deemed to be provided when it is accessed by the Consumer or a physical or virtual device that the Consumer has independently chosen for this purpose.
The Seller shall bring the Digital Content or Digital Service into conformity with the Agreement within 21 days of the Consumer informing the Seller of the lack of conformity, and without undue inconvenience to the Consumer, taking into account its nature and the purpose for which it is being used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.
§ 9. Opinions
A review regarding order processing or a Product may be submitted during a visit to the Online Store by clicking on the interface located next to the Product or by clicking on the link provided in an email. Adding a Review is voluntary and free of charge. Customers may only submit a Review once per order.
Within the above-mentioned Opinion, the Customer may award a star rating from 1 to 5 and add a verbal statement limited to 65,535 characters.
The ratings are stored and publicly displayed on the Online Store website.
The Seller verifies Reviews using the email address used to purchase the Product. A review submitted by a person using the email address used in the purchase process is marked on the Store's website as "review confirmed by purchase." Any other review is marked as "review not confirmed by purchase."
The Seller does not change the Opinion in terms of content or stars awarded.
The Buyer is solely and solely responsible for any comments made in a Review. The Seller is entitled to remove the Review in accordance with the provisions of law and these Terms and Conditions.
It is prohibited to post content containing information that is false, misleading, vulgar, aggressive, offensive or contrary to good practices, as well as content that is illegal, infringes the rights of third parties or constitutes an act of unfair competition.
§ 10. Intellectual property
The Customer declares that he or she has no rights whatsoever, including copyright or related rights, to the Reviews and comments posted by him or her, other than the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to any recording, reproduction, sharing, publicizing, or disseminating of the content, unless such authorization arises from legal provisions or the Terms and Conditions.
The Customer is not entitled to any interference with the content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
By posting Reviews in the Online Store, which constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the Customer grants the Seller a non-exclusive, royalty-free license, unlimited in time and territory, to use these works, along with the right to grant a sublicense, which covers making the work publicly available in such a way that anyone can access it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of its granting.
§ 11. Sales rules in the subscription model
An electronic service in the form of a Subscription may be provided by the Seller to the Buyer.
Using the Subscription enables cyclical delivery of selected Goods, at intervals indicated by the Customer, without the need to place further orders until the Subscription ends.
Unlinking a Card from the Subscription terminates the Subscription.
The Customer manages their Subscription through their Account, according to the available options. The Subscription is for an indefinite period and may be terminated at any time.
The Seller has the right to terminate the Subscription, of which he will inform the Buyer by e-mail or telephone at least 7 days in advance.
§ 12. Final provisions
These Terms of Use are effective from November 1, 2024.
If any provision of these Regulations is changed or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and shall bind the Seller and the Customer.
The Seller reserves the right to change these Terms and Conditions. All contracts concluded before the effective date of the new terms and conditions will be implemented based on the terms and conditions in force on the date the contract was concluded.
The law applicable to all disputes arising from these Terms and Conditions is Polish law. Such disputes will be resolved by a competent common court. A Customer who is a Consumer may also use out-of-court complaint and redress procedures. For more information, please visit: www.uokik.gov.pl.
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we hereby inform you that the ODR platform is available at http://ec.europa.eu/consumers/odr.
§ 13. Appendix 1 – Information on exercising the right of withdrawal
The right to withdraw from the contract under the following conditions is granted to the Consumer and the Individual Entrepreneur.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
• in the case of a sales contract – from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item;
• in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately – from the day on which you came into possession of the last item;
• in the case of a contract obliging you to transfer ownership of items delivered in batches or parts – from the day on which you came into possession of the last batch or part;
• in the case of contracts for regular delivery of goods for a specified period of time – from the day on which you came into possession of the first item;
• in the case of contracts the subject of which is the provision of services or digital content that are not delivered on a tangible medium – from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us, i.e.: Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski, tel. +48 510 775 467, nexeltron@nexeltron.com, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the model withdrawal form, but this is not obligatory.
You can also complete the Electronic Returns Form available on the Online Store website: https://nexeltron.com/pages/zwrot. If you use this option, we will immediately send you a confirmation of receipt of your withdrawal on a durable medium.
If you withdraw from this contract, we will reimburse to you all payments received, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision.
In the case of contracts requiring the transfer of ownership of goods in which we have not offered to collect the Goods, we must withhold the refund until we receive the goods or until we receive proof of having sent them back (whichever occurs first).
Please send the returned goods to the following address: Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski – immediately, and in any event no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period. You will have to bear the direct cost of returning the goods.
Contact information:
Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski
tel. +48 510 775 467
e-mail: nexeltron@nexeltron.com
website: https://nexeltron.com
