Terms and Conditions of the Online Store
The following terms used in these terms and conditions, hereinafter referred to as “Terms and Conditions”, shall be understood as follows:
- „NAOKO” – Concept101 sp. z o.o., having its registered seat in Łódź at the address ul. Romanowska 55B/32B, 91-174 Łódź, entered in the Register of Entrepreneurs of the National Court Register (KRS) under KRS No. 780307, whose registration files are kept at the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, share capital of PLN 10,000, NIP (tax identification number) 725-228-83-81, e-mail: HELLO@NAOKO-STORE.PL, phone No. +48 791 575 758,
- "Store" – the online store located at the https://naoko-store.pl website and its subpages,
- "Buyer " - any person who has entered into a contract with NAOKO to create an account with the Store or has placed an order without entering into such a contract; this term also means a person who does not have an Account and is in the process of placing an order,
- "Account " – the Buyer's account created by the Buyer in the Store in accordance with the rules set forth in the Terms and Conditions,
- "Consumer " – a person defined in the provision of Article 221 of the Civil Code or in the relevant laws of another country, if the law of that other country would apply to a given contract with the Buyer,
- “Sole Proprietor" - an natural person who, within the Store, enters into a contract with NAOKO that is directly related to their business, when it is clear from the content of the contract that it does not have a professional character for that person.
- The Terms and Conditions set out the rules for the NAOKO’s provision of services electronically to Buyers, the said services consisting in enabling them: to conclude online sales contracts regarding the goods available in the Store's assortment for prices listed on relevant subpages of the Store, to add goods from the Store's assortment to their wish list and to create their Account.
- Making a purchase in the Store take place without creating an Account or after creating an Account.
- The information provided in the Store does not constitute an offer within the meaning of Articles 66 and 661 of the Civil Code or the relevant provisions of another country’s law, if the laws of that other country would apply to a given contract with the Buyer, but is an invitation for the Buyers to make offers. Actual actions and their legal qualification, necessary for the conclusion of a contract for the sale of goods, are described in § 11 of the Terms and Conditions.
- Prices of goods included in the Store's assortment are expressed in Polish zloty and include VAT. NAOKO may modify the assortment of the Store and prices of goods and conduct promotional actions. Amendments do not affect contracts already concluded with Buyers for the sale of individual goods.
- Gift cards, unless otherwise specified in separate terms and conditions for such a card, can only be redeemed once. Gift cards are not exchangeable for cash.
- NAOKO delivers goods purchased from the Store within the European Union and the United States. As required by Regulation (EU) 2018/302 of the European Parliament and of the Council of 28th February 2018 on unjustified geographical blocking and other forms of discrimination against customers on the grounds of nationality, place of residence or place of business in the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC, NAOKO indicates that a Buyer residing or staying in another country may also purchase from the Store, with reservation, however, that delivery location indicated by such Buyer needs to be an address located in one of the countries to which NAOKO delivers.
- NAOKO declares that all goods offered in the Store are brand new, will be in accordance with the contract within the meaning of consumer protection regulations and have been legally introduced into the Polish market.
- In order to use the Store, it is not necessary for the computer or other device of the Buyer to meet any special technical conditions. The following is sufficient: access to the Internet, possession of an e-mail address, a standard operating system, a web browser in the form of: Internet Explorer version not older than 8.0, Mozilla Firefox version not older than 9.0, Chrome version not older than 10.0 or Opera version not older than 10.0. The browser must have Java Script enabled.
Buyers are prohibited from providing unlawful content during the use of the Store, that is, content contrary to the law or good customs. This includes, in particular, the prohibition on providing other people's personal data without proper authorisation.
II. Creating an Account
- A person wishing to conclude a contract with NAOKO to create an Account should select the "Create Account" option. The form contained therein constitutes NAOKO's offer to the prospective Buyer regarding the subject of concluding a contract to create an Account.
- Then it is necessary to fill out the form above and include your name, e-mail and password in it.
- Clicking the "Create" button sends the registration form to NAOKO and is tantamount to the person creating the Account accepting NAOKO's offer referred to in the provision of § 7 sec. 1 . At that moment, a contract to create an Account is concluded between NAOKO and the person who filled out the registration form. In order to access the Account, it must be activated by clicking on the link that the Buyer will receive at the e-mail address provided in the course of registration.
- If the Buyer is either a Consumer or a Sole Proprietor, the Buyer shall have the right to withdraw from the contract to create an Account, without stating reasons, within 14 days from the date of its conclusion, that is, from the moment specified in the provision of § 7 sec. 3 . The provisions of § 15 sec. 2-4 are applied accordingly.
NAOKO recommends that Buyers carefully store their login credentials in the Store so that no unauthorized persons gain access to these credentials.
After creating an Account, the Buyer has the ability to, in particular: edit their data, add and edit delivery addresses, place orders, add goods to the wish list and view the status of orders.
III. Placing an order
The sale of goods is carried out on the basis of orders placed by the Buyer. The Buyer can place an order after signing in to their Account or without signing in after providing all the data necessary to complete the order.
- In order to conclude a sales contract with NAOKO, the Buyer should first select the goods and click the "Add to cart" button next to them.
- After adding goods to the shopping cart, the Buyer has the option to remove them, change the number of items ordered or add more goods. The Buyer can also add a comment to the order. To proceed to the next step, click the "Proceed to Checkout" button.
- If the Buyer does not have an Account, then they can use the option of shopping without registration and provide the data necessary to complete the order. A Buyer with an Account will see the delivery data added in their Account at this stage (the data can be edited) and will be able to choose the form of payment right away. If the Buyer has a discount code, they can enter it in the appropriate field. At this stage it is necessary to choose the form of delivery. The cost of each form of delivery is specified in the form. Then it is necessary to proceed to selecting the payment method.
- At this stage, the Buyer will be able to choose the form of payment. They can also add a discount code in the appropriate field. The "Total" box will display the total amount to be paid, that is, including the price of the goods, delivery costs and the selected payment method. The goods indicated in the summary, together with their number, prices, as well as the cost of delivery and payment, constitute an invitation addressed to the Buyer by NAOKO to submit an offer to conclude a contract of sale regarding these goods. The Buyer, as soon as they click the "Order and pay" button, submits an offer to NAOKO to conclude the above-mentioned contract, and the Buyer confirms this fact by clicking on the order confirmation link sent to the Buyer by NAOKO to the e-mail address provided when placing the order. NAOKO sends an email confirming receipt of the offer from the Buyer. In a subsequent e-mail, NAOKO will inform the Buyer of the acceptance or refusal of the Buyer's offer. As soon as the Buyer receives an e-mail from NAOKO with information about acceptance of the Buyer's offer, a contract of sale regarding the goods indicated in the offer made by the Buyer is concluded.
- If one of the following payment methods is chosen: PayPal, Blik, Przelewy24 or PayPo, the Buyer, after clicking the "Order and pay" button, this will result in redirection to the website of the online payment processor. Payment processing is based on the terms and conditions available at the website of the online payment processor. In the event of refusal of the Buyer's offer, any payment they made in advance is fully refunded to them.
- NAOKO underlines that if the goods are shipped to the United States, there may be an additional duty charge. The Buyer will be obligated to pay it directly.
- The following payment methods are available: standard bank transfer, payment on delivery (cash on delivery), PayPal, and payment by electronic means (including quick online transfer, Blik, card payment).
- The Buyer should make payment within 7 days from the date of conclusion of the sales contract, unless they have chosen the method of payment on delivery, in which case it should be made upon receipt of the goods.
- The forms of delivery available is delivery by courier and delivery to a parcel locker.
- Shipping dates for individual goods are presented on the goods cards in the Store. Deadlines are specified in business days and are calculated from the date of the order. When ordering multiple goods with different shipping dates within one order, the longest shipping date should be considered applicable. This is because NAOKO will send all the goods ordered in one shipment in such a situation. However, NAOKO may decide on its own to send such an order in two shipments so that some of the goods reach the Buyer faster.
- NAOKO recommends that the Buyer, on the day of receipt of the goods, unpack the goods and, if any damage to the goods is found, report the damage on the same day to NAOKO and the courier. This will make it easier for NAOKO to conduct a claim against the courier. The above recommendation does not in any way limit the rights of Consumers and Sole Proprietors and does not impose an obligation on them to act in accordance with this recommendation.
The Buyer agrees to NAOKO's use of electronic invoices in settlements within the meaning of the Act on Goods and Service Tax of 11th March 2004.
The Buyer also has the option to add goods to favourites by clicking the appropriate button located on the goods card. The Buyer can then view the goods added to favourites by selecting the appropriate option available in the Account.
IV. Returns and complaints
- If the Buyer is a Consumer or a Sole Proprietor, then the Buyer has the right to withdraw from the contract of sale concluded with NAOKO, without giving reasons, within 14 days from the date on which the Buyer came into possession of the item or on which a third party other than the carrier and designated by the Buyer came into possession of the item. If the object of the contract is multiple items that are delivered separately, the term expires 14 days after the day on which the Buyer came into possession of the last item or on which a third party other than the carrier and designated by the Buyer came into possession of the last item.
- In order to exercise the right of withdrawal, the Buyer should inform NAOKO of their decision to withdraw from the contract by way of a clear statement (for example, made in writing sent by mail to the address: NAOKO, DTW Logistics, Kopytów 44e, 05-870 Błonie, or by e-mail to: HELLO@NAOKO-STORE.PL or via the online withdrawal form).
- The Buyer may use the withdrawal form template provided by NAOKO, but it is not mandatory.
- In order to comply with the deadline for withdrawal, it is sufficient for the Buyer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
- In the event of withdrawal from the contract, NAOKO shall return to the Buyer all payments received from the Buyer, including the costs of delivering the items to the Consumer or Sole Proprietor (except for additional costs resulting from the delivery method chosen by the Buyer other than the least expensive ordinary delivery method offered by NAOKO), immediately, and in any case no later than 14 days from the date of receipt of the Buyer's statement of withdrawal from the contract. NAOKO will refund the payment using the same means of payment used by the Buyer in the original transaction, unless the Buyer has expressly agreed to a different solution and it does not involve additional costs.
- NAOKO may withhold reimbursement until it receives the item or until a proof of return is provided, whichever event occurs first.
- The Buyer should send back or hand over the item to NAOKO immediately, and in any case no later than 14 days from the day on which they informed about the withdrawal from the contract. The deadline is met if the Buyer sends the item back before the expiration of the 14-day period. NAOKO recommends that the Buyer pack the returned goods in a suitable manner to protect them from damage during transportation. Please address returns to:
DTW Logistics NAOKO
Panattoni Park Warszawa Zachodnia
ul. Sochaczewska 98C
- The Buyer shall bear the direct costs of returning the item.
- The Buyer shall be liable only for the diminution in value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
- The right of withdrawal does not apply to the Consumer or Sole Proprietor with regard to the contract in which the object of performance is a non-prefabricated item, made according to the specifications of the Consumer or Sole Proprietor or serving to meet their individual needs.
- Complaints concerning the provision of electronic services by NAOKO or concerning purchased goods can be submitted:
- in writing:
- in the case of complaints regarding the provision of electronic services – to the address of NAOKO specified in the provision of § 1(a),
- in the case of complaints regarding products – to the following address:
NAOKO – COMPLAINTS
UL. WOLSKA 38
RĄBIEŃ AB 95-070
- by e-mail to the following address:HELLO@NAOKO-STORE.PL,
- using the online complaint form,
- in person for the record at the registered office of NAOKO indicated in the provision of § 1(a).
- The complaint should include: the order number (or other data allowing to identify it), the Buyer's contact information allowing to respond to the complaint, and a description of the event giving rise to the complaint.
- NAOKO will respond to complaints within 14 days of receipt.
V. Duration of the contract to create an Account
The contract with the Buyer to create an Account is concluded for an indefinite period of time.
- The Buyer may at any time terminate the contract to create an Account with immediate effect by sending notice of termination to the address of NAOKO specified in § 1(a) or by e-mail to HELLO@NAOKO-STORE.PL.
- NAOKO may terminate the contract to create an Account with immediate effect if:
- NAOKO decides to terminate the operation of the Store,
- Buyer, at least twice, violates the prohibition set forth in § 6 of the Terms and Conditions.
VI. Amendments to the Terms and Conditions
- NAOKO has the right to unilaterally amend the Terms and Conditions under the terms of the provisions of this paragraph and only in the event of the occurrence of one of the following reasons:
- introduction of new services related to the Store by NAOKO,
- changes in technical requirements necessary for the use of the Store,
- changes in delivery or payment methods, or payment or delivery dates,
- purchase path modifications,
- changes in the law that make it necessary to adjust the provisions of the Terms and Conditions to them, such as, in particular, changes in the provisions regarding: consumer protection, provision of electronic services, protection of personal data; in the event of occurrence of such as reason, the Terms and Conditions may be amended to the extent necessary to adapt their content to the new legal requirements.
- In the event of the occurrence of one of the above reasons, NAOKO will send to Buyers, to the e-mail addresses provided by them in the Store, information about the planned change to the Terms and Conditions, along with the content of the new Terms and Conditions. Information will be sent to Buyers at least 14 days before the effective date of the planned changes.
- A Buyer who does not accept the changes planned may terminate the contract to create an Account under the terms indicated in the provision of § 18 sec. 1 of the Terms and Conditions. If the Buyer does not terminate the contract to create an Account before the date of entry into force of the new version of the Terms and Conditions, the new version of the Terms and Conditions becomes binding on the Buyer on the date indicated as the effective date of the new version of the Terms and Conditions.
VII. Final provisions
- Subject to the provision of the following paragraph, any contracts concluded by Buyers with NAOKO under the Terms and Conditions shall be governed by Polish law.
- At the same time, in the case of contracts concluded with Consumers, the above choice of applicable law does not deprive the Consumer of the protection granted to him under the laws of the country in which the Consumer has their place of residence and which cannot be excluded by contract.
We would like to inform you that the following address: http://ec.europa.eu/consumers/odr/ features a platform for online resolution of disputes regarding remote contracts between consumers and traders. This platform provides an access point for consumers and traders who would like to take advantage of out-of-court settlement of consumer disputes regarding online transactions.