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CONSUMER TERMS AND CONDITIONS OF THE ONLINE SHOP

CONSUMER TERMS AND CONDITIONS OF THE ONLINE SHOP

§ 1

General Provisions

1. The online shop at shop.nobilesports.com is operated by Nobile Sports Sp. z o.o. with its registered office in Bielsko-Biała at ul. Wapienicka 6, entered into the National Court Register (KRS) kept by the District Court in Bielsko-Biała, VIII Economic Division of the National Court Register under the number 000032145.

2. The terms used in these Terms and Conditions shall be understood in line with the following definitions:
a) Personal data – any information relating to an identified or identifiable natural person;

b) Working days – all days of the week from Monday to Friday, excluding public holidays as defined in the Act of 18 January 1951 on Days Off From Work (J. of Laws 1951.4.28, as amended);

c) Registration form – the form available at the Online Shop in which the Customer gives their personal data, and thus creates their account that will be used for Product purchases;

d) Civil Code – the Act of 23 April 1964 Civil Code (J. of Laws 1964.16.93, as amended);

e) Customer – a natural person, not less than 18 years of age, making purchases at shop.nobilesports.com that is not directly related to their trade or profession;

f) Consumer – a natural person performing a legal transaction that is not directly related to their trade or profession in accordance with Article 221 of the Civil Code;

g) Account – an individual account of the Customer that is created after registration, and makes it possible to place orders in the Online Shop;

h) Newsletter – a type of an electronic bulletin; a magazine sent via the Seller's e-mail, containing information about Products in the Online Shop;

i) Terms and Conditions – these Terms and Conditions of the Online Shop;

j) Seller – Nobile Sports Sp. z o.o. with its registered office in Bielsko-Biała, at ul. Wapienicka 6, entered into the National Court Register (KRS) kept by the District Court in Bielsko-Biała, VIII Economic Division of the National Court Register under the number 0000321453;

k) Online Shop – the shop operating at shop.nobilesports.com, hereinafter referred to as the Shop;

l) Parties – the Seller and the Customer;

m) Products – movables offered by the Seller for retail sale in the Shop;

n) Contract – a contract of sale for the Products offered by the Seller, concluded without the simultaneous presence of the Parties, through the Shop;

o) Order – the Customer's declaration of will whose direct aim is the conclusion of the Contract, specifying in particular the nature, quantity and price of the Products.

3. These Terms and Conditions are addressed to the consumers using the Online Shop and define the rules for such use.

4. In order to use the Shop, the Customer should, on their own, secure access to a computer workstation or a device with Internet access and with Internet browsing software installed. Moreover, the Customer should have active access to e-mail.

5. Using the Shop will be possible provided that the Customer's ICT system fulfils the following minimum technical requirements:

a) Google Chrome, version 12.0 or higher

b) Opera, version 11 or later

c) Internet Explorer 6 or later
d) Mozilla Firefox, version 11.0 or higher

e) Safari

f) a minimum screen resolution of 800 x 600.

6. In accordance with Article 8 para. 3 item 2b) of the Act on the Provision of Services by Electronic Means, the Customer must not deliver illegal content.

7. Information on the Products that is provided on the Online Shop site, in particular their descriptions, technical and performance characteristics and prices, constitutes an invitation to treat within the meaning of Article 71 of the Civil Code.

§ 2

Rules for Using the Online Shop

1. The use of the Shop requires registration.

2. The Customer registration is free of charge.

3. Registration takes place by filling in the registration form that is available at the Shop site.

4. The registration form contains mandatory and optional fields. Mandatory fields are marked with: *.

5. In the registration form, the Customer gives their personal data to the extent necessary for the creation of the Account and the processing of the Order.

6. Registration requires the acceptance of these Terms and Conditions.

7. While registering and opening the Account, the Customer may express their wish to receive the Newsletter by selecting the icon: “I would like to receive the Newsletter”. If the Customer does not select the icon, the Newsletter will not be sent.

8. Moreover, while registering and opening the Account, the Customer may also agree to have other commercial and marketing communications sent to them by the Seller by electronic means by selecting the icon: “I agree to have commercial and marketing communications sent to me by the Seller by electronic means within the meaning of Article 10 para. 2 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (J. of Laws 2002.144.1204, as amended) to the e-mail address that I have provided”. If the Customer does not select the icon, the information will not be sent to them.

9. The Customer may also agree to the processing of their personal data by the Seller for marketing purposes by selecting the icon: “I agree to have my personal data processed by the Seller for marketing purposes”.

10. After completing and submitting the registration form by the Customer, the Seller sends a confirmation of registration and creation of the Account to the e-mail address provided by the Customer. From that moment, the Customer can make purchases in the Shop using their Account without having to re-register.

11. The Customer who has an Account is obliged to keep the Account and password secret.

§ 3
Procedure for the Conclusion of a Sale Contract

1. In order to conclude a sale contract via the Shop, the Customer should, after logging into their Account, choose the Products, their quantity and size.

2. By clicking the “Buy Now” icon, the Customer accepts the selected Products according to their descriptions and prices. Then the Customer takes subsequent technical steps (e.g. selects the shipping destination and payment method) based on the messages displayed and information available on the site.

3. The Customer selects Products to be ordered by adding them to the Cart.

4. While placing an Order, the Customer may modify their Product selection until they press the “Order” icon. To do this, the Customer should proceed in accordance with the messages displayed and information available on the site.

5. By clicking the “Order” icon, the Customer accepts the selected Products according to their descriptions and prices, as well as the shipping and payment method, and expresses their will to purchase in accordance with these Terms and Conditions. Clicking the “Order” icon is tantamount to the Customer's commitment to pay the Product price specified in the Order.

6. Upon placing the Order, the price given for each Product shall be binding on both Parties. The price shall not change regardless of changes in the prices of individual Products in the Shop, e.g. due to promotional or bargain sales campaigns initiated after the Customer Order date.

7. The Seller shall immediately, but in any case not later than within seven working days, confirm the receipt of the Order and send the Order number to the Customer's e-mail address. Should the Seller be unable to complete the Order due to Product unavailability, the Seller shall notify the Customer to this effect within the same period of seven days.
Once the Customer receives the Seller's Order receipt confirmation and the Order number, and once the Customer makes a relevant payment, a sale contract is concluded between the Parties.

8. The Seller confirms that it has sent the Products to the Customer by sending relevant e-mail information, stating the number of the shipping document.

9. If payment has been made prior to the delivery of the Order and the Seller notified the Customer that it is unable to complete the Order due to Product unavailability in accordance with item 7 of this Article, the Seller shall refund the Customer the full amount paid.

10. The Seller may contact the Customer at the e-mail address provided by the Customer, or by phone in order to clarify doubts, confirm the Order, or in other matters related to the processing of the Order. The Customer may contact the Seller by phone or e-mail. The Seller's contact details can be found at

http://nobilekiteboarding.com/dealers.html.

§ 4
Making Payments. Prices

  1. All Product prices on the Shop website are stated in EUR;
    a) are VAT inclusive, and b) do not include the Order shipping costs.

  2. Product shipping prices can be found on the website, in the Shipping & Returns tab.

  3. The total cost of the Order (i.e. the price of the Products and the costs of shipping) is shown in the cart before the Customer places the Order.

  4. Payments for the Products may be made: a) by payment card, b) by PayPal transfer, c) by traditional bank transfer. The payment instruction should be given as soon as the Order is placed. Should the payment not be credited to the account of NOBILE SPORTS or the entities acting as intermediaries in the transaction (PayPal.com), the Order shall be considered incorrectly placed and the contract not concluded, so the Order will not be processed. In such a situation, the Order can be placed again.

5. Payment card: The Customer must have a card that is suitable for online payments (the option availability should be checked with the issuing bank). Payment card payments are handled via PayPal.com.

§ 5

Delivery of Products

1. Products are delivered to the address specified by the Customer while placing the Order.

The Shop shall not be responsible and liable for late deliveries resulting from the Customer's having given incorrect details or delivery address.

The Shop ships worldwide, except to Russia.

2. The Seller handles the delivery of Products via specialist courier companies.

3. The cost of shipping is indicated to the Customer before they place the Order, and depends on the selected delivery and payment method, subject to section 4.

4. Shipping of Orders worth more than 900 EUR shall be free.

5. The Seller delivers the Products to the Customer together with the sales document in the form of a fiscal receipt or a VAT invoice, if the Customer has provided the data necessary for the issue thereof. In the case of sales to Customers from member states of the European Union, the Seller first issues a fiscal receipt and then a VAT invoice.

6. The Products shall be delivered to the Customer within no more than 10 working days. Order processing commences as soon as 100% of the Order amount is credited to the account of the Online Shop or the intermediating entities, and the crediting date shall be deemed the first day of the period when the Products will be handed over to the courier.


7. The time limit specified in section 6 shall not apply to: a) those Products for which a different delivery date has been specified. For such Products, the delivery date shall be the date stated next to the Product; b) those Products shipped beyond the borders of the Republic of Poland. If this is the case, the delivery date shall be agreed separately with the Customer.

8. Within one Order, each Customer can buy up to 5 pieces of the following Product types: snowboards, kiteboards and wakeboards, as well as up to 5 pairs of skis and up to 5 kites. Quantity limits shall not apply to other Products.

9. Orders for more than 5 Products of: snowboards, kiteboards or wakeboards, as well as Orders for more than 5 pairs of skis and more than 5 kites shall be processed separately, based on a special inquiry form that is available at the Shop site.

§ 6
Withdrawal from the Contract

1. The Customer who is a consumer and who has concluded a distance contract may withdraw from the contract without giving any reason, by making a relevant statement in writing within 14 (fourteen) days of the conclusion of the contract.

2. In order to notify of the withdrawal, the Customer may use the specimen statement of withdrawal constituting Annex 1 to these Terms and Conditions. A specimen document can be downloaded using the link provided in this section.

3. The statement referred to in section 1 should be sent by e-mail to: client.service@nobilesports.com or by post or courier to: Nobile Sports Sp. z o.o., 43-382 Bielsko-Biała, ul. Wapienicka 6, Poland.

4. The deadline of fourteen days referred to in section 1 shall be counted from the day when the Products are received, and where the contract concerns the provision of a service from the contract date.

5. The deadline referred to in section 1 shall be deemed complied with if the statement is sent prior to the expiry thereof.

6. In the event of withdrawal from the contract, the contract shall be deemed not concluded, and the Customer shall be released from any and all obligations. The Parties' respective performances shall be returned unchanged unless a change was necessary in the ordinary course of business. The return shall take place immediately, but in any case not later than within fourteen days.

In case of withdrawal from the sale Contract, the Seller shall refund all payments received from the Customer, including the Product shipping costs (with the exception of additional costs resulting from the fact that the Customer has selected a delivery option other than the cheapest default option offered by the Service/Product Provider), immediately, and in any case not later than within 14 days after the day when the Seller learned about the Customer's decision to exercise their right of withdrawal from the sale Contract. Payments shall be refunded via the same methods as those used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise; in any case the Customer shall not incur any fees related to the refund.

7. The Seller shall suspend the refund until it receives either the Product itself or a proof of its return, whichever is earlier.

8. The Product should be sent back or transferred to the Seller's address stated on the Shop website immediately, and in any case not later than within 14 days of the day when the Customer has communicated their withdrawal decision to the Seller. The deadline shall be considered met if the Customer sends the Product back before the expiry of a 14-day period.

9. The Customer shall not have the right to withdraw from a distance contract if:
a) in the case of the service provision – if the Seller has performed the service in full with the express consent of the Customer who has been previously informed that once the Seller completes the performance, the Customer shall lose its right to withdraw from the contract;

b) the price or remuneration in the contract depends on fluctuations on the financial market that are beyond the entrepreneur's control and which may occur before the deadline to withdraw from the contract;

c) the subject matter of the contract is a non-prefabricated item, manufactured according to the consumer's specifications or specifically customised;

d) the subject matter of the contract is a perishable item or an item with a short shelf life;

e) the subject matter of the contract is an item delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene considerations if the packaging has been opened after delivery;

f) the subject matter of the contract consists of items that after delivery become, due to their nature, inseparably combined with other items;

g) the subject matter of the contract consists of alcoholic beverages, the price of which has been agreed at the conclusion of the sale contract and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market that are beyond the entrepreneur's control;

h) the Customer has specifically demanded in the contract that the entrepreneur travels to their location to perform an urgent repair or maintenance; however, if the entrepreneur provides additional services, other than those demanded by the consumer or delivers items other than replacement parts necessary for repair or maintenance, the consumer shall keep the right of withdrawal as regards such additional services or items;

i) the subject matter of the contract consists of the provision of sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;

j) the subject matter of the contract consists of the provision of newspapers, periodicals or magazines, with the exception of subscription contracts;

k) the contract has been concluded in a public auction;

l) the subject matter of the contract consists of the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, and the contract specifies the day or period of performance;

m) if the subject matter of the contract consists of the provision of digital content which is not stored on a tangible medium and if the performance has commenced with the express consent of the consumer before the deadline to withdraw from the contract and once the entrepreneur has informed the consumer of the loss of the right of withdrawal.

10. The Products returned by the Customer should be packed in such a way as to prevent their damage in transport.

11. The Seller is obliged to immediately send to the Customer, on a durable medium, a confirmation of receipt of the withdrawal notice, as submitted in the manner referred to above.

§ 7

Complaints under Statutory Warranty

1. In the case of Customers who are consumers and if the Products display physical or legal defects, the Seller shall be liable under the statutory warranty that is governed by the provisions of the Polish Civil Code.

2. The Seller is obliged to deliver non-defective Products to the Customer. If the Product delivered turns out to be defective, the Customer has the right to lodge a complaint with an indication whether they request that the item to be replaced with a non-defective item or that the defect is to be removed, unless bringing the item into compliance with the contract in the manner opted for by the Customer is impossible or would involve disproportionate costs compared to the method proposed by the Seller. The buyer may also demand a reduction in price or submit a withdrawal notice, unless the Seller immediately and without any undue inconvenience to the Customer replaces the defective item with a non-defective item or removes the defect.

3. The Seller shall be liable under statutory warranty if a physical defect is found before the expiry of a two-year period. If a sale transaction consists of a used movable, the Seller's liability shall be limited to one year after the day when the item was handed over to the buyer.

A claim for removal of a defect or replacement of an item sold with a non-defective item shall expire one year after the day when the defect was discovered. The limitation period may not end before the expiry of two years, on the proviso that the two-year deadline shall not apply to used movables.

If the Customer has demanded the replacement of the item with a non-defective item or removal of the defect, the time limit to submit a withdrawal notice or a demand for a reduction in price shall commence upon the ineffective expiry of the time limit for the replacement of the defective item or removal of the defect.

4. The Customer may not withdraw from the contract if the Product's lack of conformity with the contract is immaterial.

5. The notice of the Product defect and the demand referred to in section 2 may be submitted, among others: in writing, to the address: Nobile Sports Sp. z o.o., ul. Wapienicka 6, 43-382 Bielsko-Biała, or by e-mail to: client.service@nobilesports.com.

6. In order to send the demand, the Customer may use the complaint form template constituting Annex 2 to these Terms and Conditions.

7. The Seller shall take a stance on the Customer's demand not later than within 14 days by sending a reply to the address provided by the Customer unless they specify another channel for the reply.

8. If the Seller fails to respond to the Customer's demand referred to in section 2 within fourteen days, the demand shall be deemed accepted as legitimate.

§ 8

Complaints Concerning the Provision of Services by Electronic Means

1. All complaints concerning the operation of the Online Shop can be sent by the Customer in writing to the following address: ul. Wapienicka 6, 43-382 Bielsko-Biała, or by e-mail to: client.service@nobilesports.com.

2. In their complaint, the Customer should give their full name and mailing address, and state the nature and date of the irregularity related to Shop operation.

3. The Seller agrees to process each complaint within 14 days by sending a reply to the address provided by the Customer, unless they specify another channel for the reply.

§ 9

Quality Guarantee for the Products

1. A quality guarantee may be given for the Products. In this case, the guarantee document specifies the party responsible under the guarantee, defines the terms of the guarantee and the procedure to be followed if a defect is discovered in the Product.

2. This does not exclude the Customer's rights specified in § 8, whereas the Customer should choose how the Product defect is to be removed and accept the option chosen.

§ 10

Termination of Contracts for the Provision of Services by Electronic Means

1. The Parties may terminate the contract for the provision of services by electronic means at any time, by agreement of the Parties.

2. The Customer may request termination of the contract for the provision of services by electronic means with a 7 day notice. The termination notice referred to in the preceding sentence shall be sent in writing to the Seller, to the following address: ul. Wapienicka 6, 43-382 Bielsko-Biała, or by e-mail to: client.service@nobilesports.com.

3. The Seller may request termination of the contract for the provision of services by electronic means with a 14 day notice if the Customer delivers illegal content.

§ 11

Personal Data Protection

1. The personal data controller within the meaning of the Act on the Protection of Personal Data is the Seller.

2. The data controller performing the processing of data protects the interests of the data subjects with due care, and in particular is obliged to ensure that:
a) the data is processed lawfully;
b) the data is collected for specified and legitimate purposes and not further processed in a way incompatible with the intended purposes;
c) the data is correct and adequate to the purposes for which it is processed;
d) the data is kept in a form which permits identification of the data subjects for no longer than it is necessary for the purposes for which it is processed.

3. Personal data provided by the Customer shall be used for the conclusion and implementation of a contractual relationship between the Parties consisting of the provision of services by the Online Shop, as well as the conclusion and implementation of the Product Sale Contract and the delivery of such Products to the Customer, as well as, when necessary, for taking any actions prior to the conclusion of the contract as may be requested by the data subject. In addition, personal data is used in direct marketing of the data controller's own products or services.

4. Customer data is also collected in order to send commercial and marketing communications by electronic means within the meaning of Article 10 para. 2 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (J. of Laws 2002.144.1204, as amended), following the Customer's consent.

5. Customer data is used by the Seller for marketing purposes, following the Customer's consent.

6. Customer data is made available to other entities, such as a courier company – in the case of Customers who use the Product delivery services; in which case the data controller discloses the personal data of the Customer to the extent necessary to complete the delivery.

7. In accordance with Article 24 para. 1 item 3 of the Act on the Protection of Personal Data, the Customer has the right to access and rectify their personal data.

8. If data is processed for direct marketing of the data controller's own products or services, the data subject shall have the right to submit a reasoned demand in writing to cease the processing of their data due to their particular situation, and also object to the processing of their data.

9. In order to exercise the rights referred to in sections 8 and 9, the Customer may use the option available in the Account, or send an e-mail to: contact@nobilesports.com or a written communication to the address: ul. Wapienicka 6, 43-382 Bielsko-Biała.

10. Every person has the right to control the processing of their data as contained in the filing systems, and in particular the right to: demand the data to be completed, updated, rectified, temporarily or permanently excluded from processing or erased, if it is incomplete, outdated, untrue or has been collected in violation of the Act, or is no longer required for the purpose for which it has been collected.

11. The provision of personal data by the Customer is voluntary. At the same time, the failure to provide the data necessary for the conclusion of the sale Contract or the contract for the provision of Electronic Service, i.e. the data described on the Online Shop site as mandatory, prevents the conclusion of the contract.

12. The data controller implements technical and organisational measures to protect the personal data being processed, appropriate to the risks and category of data being protected; in particular, it protects data against its unauthorised disclosure, takeover by an unauthorised person, processing in violation of the Act on the Protection of Personal Data and any change, loss, damage or destruction.

13. In order to prevent the acquisition and modification of electronically transmitted personal data by unauthorised persons, the Seller provides the following technical measures: access to the Account given only if a correct login and password is entered.

14. The Customer is obliged to protect their login and password, which they use in the Online Shop.

§ 12

Final Provisions

1. Contracts concluded by the Shop are concluded in accordance with Polish law and in the Polish language in the case of Customers from Poland, and in English in the case of Customers from other countries. Obligations under any contracts concluded between the Seller and the Customer shall be governed by Polish law.

2. A court competent to hear any disputes in connection with the application of these Terms and Conditions and with the performance of the existing contracts shall be the court having a relevant material and local jurisdiction as determined on the basis of generally applicable laws governing such jurisdiction.

3. Customers can access these Terms and Conditions at any time through the link at shop.nobilesports.com. The Terms and Conditions are also available at the Seller's premises, i.e. at the following address: Nobile Sports Sp. z o.o., ul. Wapienicka 6, 43-382 Bielsko-Biała.

4. The Seller has the right to amend the Terms and Conditions for valid reasons, i.e. a change in the Seller's address details, a change in the Seller's business name (name), a change in payment and delivery methods, a change in the shipping costs, introduction of new services or changes in law, insofar as such changes affect the implementation of the provisions hereof.

5. The Customer shall be notified of the planned amendments to the Terms and Conditions 30 days in advance, to enable them to read and understand the amendments, and decide on the acceptance or non-acceptance thereof, by sending a relevant communication, stating the scope of the planned amendments to the Customer e-mail, and by publishing the amended text of the Terms and Conditions on the Shop site.

6. The amended Terms and Conditions shall bind the Customer if they have been correctly notified of the amendments and have not terminated the contract for the provision of Electronic Service of a continuous nature within 14 days of having received the notification about the planned amendments.

7. In the case of amendments to the Terms and Conditions, any Orders placed before the effective date of such amendments shall be processed based on the previously applicable Terms and Conditions.

8. Annexes 1 and 2 constitute an integral part of the Terms and Conditions.

9. To issues not regulated by the provisions of these Terms and Conditions, the following shall apply:
a) the Act of 23 April 1964 Civil Code (J. of Laws 1964.16.93, as amended);

b) the Act of 30 May 2014 on Consumer Rights (J. of Laws of 2014, item 827);

c) the Act of 18 July 2002 on the Provision of Services by Electronic Means (J. of Laws 2002.144.1204, as amended);

and d) the Act of 29 August 1997 on the Protection of Personal Data (J. of Laws of 2002
No. 101, item 926, as amended).

10. As regards consumer sales in the European Union, the following legal acts are applicable: Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees;

Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts;

Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises;

Directive 2011/83/EU of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC and repealing Council Directive 85/577/EEC and Directive 97/7/EC;

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services ('Directive on electronic commerce'); Directive 98/6/EC of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers;

Directive 2006/114/EC of 12 December 2006 concerning misleading and comparative advertising;

Directive 2001/83/EC of 6 November 2001 on the Community code relating to medicinal products for human use;

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’);

Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.