Statute
I. General provisions
1. The Service Provider provides Services in accordance with the Regulations and generally applicable law.
2. The website is available at noesis.life.
3. You can contact the Service Provider:
1. by post: NOESIS sp. z o. o., ul. Grzybowska 87, 00-844 Warsaw,
2. by e-mail: kontakt@noesis.life,
3. via the contact form.
4. The Service Provider makes these Regulations available on the Service website and may make them available in the User Account or place them as an attachment to e-mails containing statements of acceptance of Users' offers. Customers may at any time: access the Regulations, save them, obtain them and reproduce them by printing or saving them on a data carrier.
5. The information provided on the Service website does not constitute an offer from the Service Provider within the meaning of Article 66 of the Civil Code, but merely an invitation to Users to submit offers to conclude an agreement, in accordance with Article 71 of the Civil Code.
6. In order to use the Service, the User must have an IT device with access to the Internet, a correctly configured Internet browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript support enabled, as well as an active and correctly configured e-mail account.
II. Account registration
1. The Agreement for the provision of the User Account Management Service is concluded for an indefinite period of time upon confirmation by the Service Provider of the registration of the User Account.
2. The subject of this User Account Service is to provide the User Account panel, which enables, among other things, the management of User data and orders.
3. To create a User Account, you must register voluntarily and free of charge. This is done by filling out and sending the registration form to the Service Provider, which is available in the area of the Service website.
4. The condition for the correct completion of the registration form is to complete all of its mandatory and possibly optional fields using true, complete data or information relating to the User.
5. Before sending the registration form, the User should declare by checking the appropriate box that he/she has read the Regulations and accepts their provisions.
6. The registration form is sent to the Service Provider using the functionality of the Website and through it.
7. The User Account can be used after it has been created and then logged in using the appropriate login and password.
8. It is prohibited to share access data to the User Account with third parties or to create several User Accounts by one User.
9. The User may terminate the agreement for the provision of the User Account Service without giving any reason and at any time, using its functionality or by sending the User's statement in this regard to the Service Provider, e.g. by e-mail or letter.
10. The Service Provider may terminate the agreement for the provision of the User Account Service without giving any reason and at any time, subject to a notice period of 14 days, as well as maintaining the rights acquired by the User before the termination of the agreement.
III. Contact form functionality
1. The Service Provider enables browsing information posted on the Service via the Service. The use of the Service ends when the User closes the Service website.
2. The Service Provider provides Users with the functionality of a contact form.
3. To use the functionality of the contact form, you must complete its mandatory fields, enter the desired content, and then send a message to the Service Provider. The Service Provider will respond immediately, using the functionality of the Service, by phone or electronically, by sending an e-mail message to the User.
IV. Orders placed via the website
1. Orders can be placed via the Service website 7 days a week, 24 hours a day, using the Shopping Cart function.
2. After completing the order list, the User proceeds to place the order in the Basket area.
3. To place an order, the User should take subsequent steps in accordance with the messages displayed on the Website.
4. When placing an order, the User is obliged to:
1. entering data marked as required. Failure to provide them will prevent the order from being finalized,
2. selection of payment and delivery method.
5. Placing an order is preceded by the User receiving information about the total price of the order, including taxes and related costs, in particular delivery and payment costs, through the display in the Basket area.
6. An order may be placed by using the appropriate button in the Basket and is equivalent to the User submitting to the Service Provider an offer to conclude the contract included in the order.
7. Before sending the order form, the User should declare by checking the appropriate checkbox that he/she has read the Regulations and accepts their provisions.
8. Confirmation of the order acceptance by the Service Provider is made by sending an immediate e-mail message. This message contains the terms of the concluded agreement agreed by the parties , as well as the data entered by the User in the order form, in order to enable detection of errors occurring therein. In the event of detection of such an error, the User may notify the Service Provider of this fact by sending an e-mail indicating the correct data.
9. Confirmation of receipt of the order is tantamount to the Service Provider's acceptance of the offer to conclude a contract submitted by the User.
V. Sales
1. The Service Provider provides the Users with the Remote Sale of Goods Service.
2. The Goods available on the Service are always presented in the current assortment on the Service page. The specifics of each Good, its composition and characteristic features can be found in the descriptions of the Goods on the Service.
3. The subject of the Sales Agreement includes the Service Provider's obligation to transfer ownership of the Goods to the User and deliver them, as well as the User's obligation to collect the Goods and pay the Service Provider the price of the Goods.
4. The Service Provider reserves the right to conduct promotional campaigns, in particular consisting in reducing the price of Goods or Services until a specific date or until the stocks of Goods subject to promotion are exhausted.
5. By concluding a Sales Agreement, the Service Provider undertakes to deliver Goods to the User free from defects.
6. The conclusion of the Sales Agreement takes place at the time of confirmation of acceptance of the User's order by the Service Provider.
7. The Sales Agreement is concluded in Polish, with content consistent with the Regulations.
VI. Newsletter
1. The Service Provider provides Users with a Service, the subject of which is the cyclical sending of dedicated content to the User's e-mail address, in accordance with the information published in the area of the Service's website.
2. The Service Provider provides the Newsletter Service in accordance with the information published in the Services tab area.
3. In order to use the Service, it is required to have a registered User Account and log in, as well as to have the technical devices or software specified in the information on the Service's website.
4. The agreement for the provision of the Newsletter Service is concluded for an indefinite period of time upon confirmation of acceptance of the User's order by the Service Provider.
5. The Agreement is concluded in Polish, with content consistent with the Regulations.
VII. Issuance of goods
1. The delivery of Goods that are physical items takes place:
1. if the User chooses the delivery option via a Carrier, to the address provided by the User,
2. if the User selects the option of delivery to a Parcel Locker via a Carrier, to the Parcel Locker selected by the User.
2. Deliveries are made within the territory of the Republic of Poland.
3. Detailed information about delivery costs and methods is published on the Service's website, and the User is informed about them during the ordering process.
4. The delivery time of the Goods to the User is 7 business days, unless a shorter period is specified in the description of the Goods or when placing the order.
5. The shipping period for the Goods is counted from the date of receipt of the payment to the Service Provider's bank account.
6. In each payment option, the Goods themselves are issued no earlier than after the User has made the payment.
7. Confirmation of the release of the Goods to the Carrier for delivery may be made by sending an e-mail to the User's e-mail address.
8. The risk of accidental loss or damage to the item passes to the Consumer at the moment of its delivery to the Consumer.
9. If the User selects the delivery option via a Carrier, it is recommended that the delivered shipment be examined by the User in the presence of the Carrier.
10. In the event of damage to the shipment, we recommend filing a complaint directly with the Carrier - it is best to draw up a protocol of the shipment condition with the Carrier, or contact the Service Provider. In the case of delivery by Parcel Locker, we recommend showing the damage under the Parcel Locker monitoring camera; place the damaged, unopened shipment in the same Parcel Locker box in which it was located and close this box, according to the messages on the Parcel Locker screen. Then, you should file a complaint with the owner of the given Parcel Locker, according to the messages on the Parcel Locker screen or the Service Provider.
VIII. Payments
1. The value of the payment for the order is determined on the basis of the price list available on the Service Provider's website at the time of placing the order.
2. The prices given on the Service's website for a given product are gross prices in Polish zloty and include the value of taxes due, but do not include the costs of delivery of the Goods and the selected payment method.
3. Transaction and delivery costs are borne by the User.
4. The total price of the order, visible in the Basket area before placing the order and after selecting the delivery and payment method, includes the price for the ordered products together with taxes and all related costs, in particular delivery and transaction costs.
5. The Service Provider allows the following payment methods for the Services provided:
1. by electronic transfer to the Service Provider's bank account, via an external payment operator,
2. by payment card via an external payment operator,
3. BLIK via an external payment operator.
6. The Service Provider uses the services of an external payment operator:
1. using the external payment system Przelewy24, operated by PayPro SA with its registered office in Poznań (60-198) at ul. Pastelowa 8, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000347935, NIP: 7792369887 and REGON: 301345068,
2. using the external payment system Stripe, Stripe Payments Europe, Ltd. with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland,
3. using the external payment system Shopify Payments, Shopify Inc., with its registered office at 151 O'Connor Street, Ground floor, Ottawa, ON, K2P 2L8, Canada.
7. The User is obliged to make payment at the time of placing the order.
8. The Service Provider shall refund the payment immediately, no later than within 14 days from the date the reason arose, in the event of:
1. withdrawal from the contract by the Consumer,
2. the Service Provider acknowledges the claim covered by the complaint in whole or in part, on the basis of generally applicable provisions.
9. The payment will be refunded using the same payment method that was used by the User in the initial transaction, unless the User agrees to another solution that does not involve any costs for the User.
10. The Service Provider is not obliged to refund the additional costs of delivery of the Goods incurred by the User if the User has chosen a delivery method other than the cheapest standard delivery method offered by the Service Provider.
IX. Complaints – non-conformity with the contract
1. The provisions of this article concern the rights of Consumers .
2. Complaints may be filed due to non-compliance of the Service provided with the contract, in accordance with applicable legal provisions, in particular in accordance with the provisions of Art. 43 b) et seq. of the Act of 30 May 2014 on consumer rights.
3. A complaint may be filed by letter or e-mail to the postal or electronic address of the Service Provider.
4. In the content of the complaint, it is recommended to include:
1. the Consumer's contact details, which will be used to respond to the complaint and conduct correspondence related to it,
2. the Consumer's bank account number which will be used to refund the funds in the event of such circumstances,
3. description of the problem and identification data of the Consumer.
5. If the complaint concerns a Product that is an item, in order for the Service Provider to consider the complaint, the Consumer is obliged to deliver or send the Product subject to the complaint to the Service Provider's address, at the Service Provider's expense.
6. The Service Provider will consider complaints within 14 days from the date of submission.
7. The Service Provider will inform the Consumer about the method of resolving the received complaint electronically or by regular mail, depending on the Consumer's will or the method of filing a complaint used by him.
8. If the complaint concerns Goods which, after the complaint has been considered, are to be sent to the Consumer, the Service Provider will, at its own expense, deliver or send the Goods to the Consumer's address.
9. Refunds in connection with a complaint will be made using a bank transfer or postal order, in accordance with the Consumer's wishes.
X Extrajudicial handling of complaints and claims
1. The consumer has the option of using the following out-of-court methods of handling complaints and pursuing claims:
1. submitting an application for resolution of a dispute arising from the concluded contract to a permanent consumer arbitration court operating at the Trade Inspection, the address of which can be determined due to its jurisdiction via the website of the Office of Competition and Consumer Protection, maintained at the URL address: www.uokik.gov.pl,
2. submitting an application to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Service Provider to the provincial inspector of the Trade Inspection, whose address, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, maintained at the URL address: www.uokik.gov.pl ,
3. using the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
4. submitting a complaint via the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
2. Detailed information on the procedure for out-of-court complaint and claim settlement procedures and the rules for access to these procedures are available at the offices and on the websites of the entities listed in point 1.
3. The list of entities and institutions that perform tasks related to out-of-court resolution of consumer disputes and detailed information on this subject are available on the website of the Office of Competition and Consumer Protection, available at the URL address https://www.uokik.gov.pl.
XI. Withdrawal from the contract
1. The Consumer may withdraw from the contract, including the Sales Contract, within 14 days without giving any reason, subject to the standards indicated in the content of the information on withdrawal from the contract, which is an annex to the Regulations.
2. The right to withdraw from the contract does not apply, among others, in relation to a contract the subject of which is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
3. In other cases, you may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Service Provider.
4. Immediately, but no later than within 14 days from the date on which the Consumer withdrew from the contract, he is obliged to return the Goods to the Service Provider or hand them over to a person authorized by the Service Provider. To meet the deadline, it is sufficient to return the Goods before it expires. This provision does not apply if the Service Provider has offered to collect the Goods himself.
5. 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.
6. In the event of withdrawal from the contract, it is considered not to have been concluded. If the Consumer has submitted a declaration of withdrawal from the contract before the Service Provider has accepted his offer, the offer ceases to be binding.
XII. Data processing and cookies
1. Information on the terms of personal data processing can be found in the Privacy and Cookies Policy of the Website.
2. Information about the cookies used can be found in the Privacy and Cookies Policy of the Website.
XIII. License Terms
1. The Service Provider grants the Users using the Service a free license for their own personal use and to enable the use of the Service, in compliance with these terms and conditions.
2. The name of the Service, the graphic design of the Service, the structure of the Service, the Service, the source or compiled code of the Service, the websites used to operate the Service and all documents developed by the Service Provider in connection with the provision of the Service, including related works, including the Regulations and other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Service Provider does not transfer to the User the proprietary copyrights to the Service or any works constituting its part, nor the right to grant permissions regarding the disposal of proprietary copyrights to these works or the Service and their use, as well as to exercise other dependent rights not reserved in the license terms.
3. The right to use the Service and related works applies to the following fields of exploitation: saving and reproducing in the memory of a telecommunications device at a place and time of your choosing, and accessing and displaying via a telecommunications device at a place and time of your choosing.
4. The User may not: lend, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information on ownership rights or copyrights that may appear in the area of the works, use the works for purposes violating applicable provisions of general law or ethical and moral standards.
5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Service and related works. The Service Provider retains the exclusive rights to decide on maintaining the integrity of the Service.
6. By publishing any content on the Service, in particular comments or opinions, the User grants the Service Provider a free, time-limited, territorially-limited and non-exclusive license to use them in the following fields of exploitation: publication on the Service website, saving and reproducing in the memory of a telecommunications device at a place and time of their choosing, access and display via a telecommunications device at a place and time of their choosing, while retaining the right to grant sub-licenses referred to in the points above, in order to enable Users to use the Service.
7. The User acknowledges that it is prohibited to provide content to the Service or through it:
1. unlawful,
2. that may mislead other Users,
3. violating the personal rights of Users, the Service Provider or third parties,
4. generally considered offensive, vulgar or violating good customs, in particular: pornographic content, content promoting drug use or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.
8. The Service Provider is entitled to remove or moderate content that violates the provisions of the Regulations.
XIV. Validity and change of the regulations
1. The Regulations enter into force within 3 days from the date of their publication on the Service's website.
2. The Regulations may be amended due to changes in legal provisions relating to the subject of the provision of Services, as well as due to technical or organizational changes relating to the services provided by the Service Provider.
3. The Regulations are amended by publishing their new content on the Service's website.
4. Changes to the Regulations do not apply to contracts concluded before the date of their change.
5. Information about changes to the Regulations is published on the Service website within 3 days before the date on which the new wording comes into force.
6. The Service Provider sends information about changes to the Regulations electronically if the parties are bound by a contract concluded for an indefinite period.
XV. Final provisions
1. The meaning of the terms written in capital letters is consistent with the explanations provided in the part describing the definitions used in the Regulations.
2. The Service Provider is not responsible for:
1. interruptions in the proper functioning of the Website and improper provision of Services caused by force majeure in relation to Users who are not Consumers,
2. interruptions in the proper functioning of the Website and improper performance of Services for Users who are not Consumers, caused by technical activities or reasons attributable to entities through which the Service Provider provides Services,
3. benefits lost by Users who are not Consumers.
3. If it is impossible to amicably resolve a dispute between the Service Provider and a User who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland in circumstances where the provisions of its national law permit such a possibility, the court with jurisdiction over the registered office of the Service Provider shall be established as the court competent to resolve the dispute.
4. In relation to Users who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if the provisions of their national law allow such a possibility, the law of the Republic of Poland shall apply as the law applicable to the performance of the contract concluded with the Service Provider and to the resolution of disputes related thereto.
5. The provisions of the Regulations are not intended to exclude or limit the rights of the User who is a Consumer, arising from the provisions of generally applicable local law. The Consumer cannot waive them.
6. In relation to agreements concluded with the Service Provider, in the event of non-compliance of the Regulations with the provisions of the law generally applicable in the Consumer's country, the provisions of the law generally applicable in the Consumer's country shall apply.
7. In the event that the provisions of the Regulations prove to be invalid or ineffective, this circumstance does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of the invalid or ineffective provisions, the norm corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations shall apply.
XVI. Definitions used in the regulations
User Account is a panel enabling the management of User orders via the Website, subject to registration and logging in.
A consumer is a User who is a natural person and concludes a contract for a purpose not directly related to his or her business or professional activity.
The Shopping Cart is a functionality of the Website that enables the User to complete orders for Goods.
A parcel locker is an automatic locker or postal terminal used to receive parcels of Goods.
Carrier is an entity providing Goods Delivery services in cooperation with the Service Provider.
The Regulations are these contractual terms and conditions, the subject of which is the provision of Services electronically by the Service Provider to Users, via the Website.
The Service is a service operated by the Service Provider via a website available on the Internet at the URL address: https://noesis.life/.
Sale is a Service of selling Goods, provided by the Service Provider to the User, the subject of which is the obligation of the Service Provider to transfer ownership of the Goods to the User and to deliver them, as well as the obligation of the User to collect the Goods and pay the Service Provider a specified price.
Goods are items presented in the Service area by the Service Provider for the purpose of Sale.
Service is a service provided by the Service Provider to the User, based on an agreement concluded between the parties via the Service. The agreement is concluded within an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
User is a natural person, a legal person or an organizational unit without legal personality, in whose favor the provisions of generally applicable law are granted legal capacity, who concludes an agreement with the Service Provider for the provision of the Service.
The service provider is NOESIS sp. z o. o. with its registered office in Warsaw (00-844), ul. Grzybowska 87, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0001103161, NIP: 5273110658 and REGON: 528497629, being the service provider, administrator and owner of the Website. The Service Provider can be contacted by e-mail: kontakt@noesis.life.
Information on exercising the right of withdrawal
Instructions on withdrawal from the contract
The provisions contained in this notice apply to Consumers.
You have the right to withdraw from the contract concluded on our Website within 14 days without giving any reason, subject to the cases indicated in the section "exclusion of the right to withdraw from the contract". The deadline for withdrawal from the contract expires after 14 days from the date:
1. for a contract under which the entrepreneur delivers goods and is obliged to transfer their ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the goods, and in the case of a contract which:
1. covers a number of goods that are delivered separately, in batches or in parts - from the taking of possession of the last good, batch or part thereof,
2. consists in the regular delivery of goods for a specified period of time – from the moment of taking possession of the first of the goods.
2. 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 the item (e.g. a sales contract, a delivery contract or a contract for a specific work being a movable item),
3. on which you came into possession of the first item or on which a third party other than the carrier and indicated by you came into possession of the first item – in the case of agreements for the regular delivery of items for a specified period of time,
4. conclusion of the contract – in the case of contracts for the provision of services.
In order to meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal deadline expires.
To exercise the right of withdrawal, you must inform us: NOESIS sp. z o. o., ul. Grzybowska 87, 00-844 Warsaw, e-mail: kontakt@noesis.life, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
Consequences of withdrawal from the contract
If you withdraw from this contract, we will reimburse to you all payments received from you, 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 to exercise the right to withdraw from this contract.
We will make the refund using the same means of payment that you used in the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of this refund. We may withhold the refund until we have received the goods or until you have provided us with evidence of having sent them back, depending on which event occurs first.
If you have received items in connection with the contract, please return or hand over the item to us at Logistiko Magazyn, ul. Grunwaldzka 5a, 99-300 Kutno, immediately and in any case 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 return the item before the expiry of the 14-day period.
You are only liable for any reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
Exclusion of the right of withdrawal from the contract
The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts the subject of which is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.