Terms & Conditions

STORE TERMS OF USE

§ 1
General provisions

1. These terms of use present the conditions for purchase in Store for Customers whose delivery address was specified as a place beyond the territory of the Republic of Poland.

2. The following notions in these terms of use have the following meaning:
a) Working days – all days of the week from Monday to Friday, excluding Polish bank holidays.
b) Customer – a person using Store, a natural person, with full legal capacity (therefore, in principle, at least of 18 years of age), a legal person or an organizational unit, not a legal person that is given their legal capacity by the law.
c) Consumer – a natural person that undertakes the legal act not directly related to their business of professional activity (Art. 22 of the Civil Code).
d) Customer account– collection of Customer information, as well as actions performed by Customer in Store (including customer data necessary for execution of submitted orders, order record, execution status of orders being processed).
e) Store or Internet store – Internet store operating at www.noattack.pl, managed by Seller, through which Seller offers goods to Customers.
f) Seller - Jakub Chmielniak, conducting business activity under the company name of  "LETHE Jakub Chmielniak", with its main office at  Komorowicka Street No. 110, 43-300 Bielsko-Biała, NIP (Tax Identification Number): 937-24-97-177, Regon (National Business Registry Number): 241353364, Tel/fax +48 883392182, email address: info@noattack.co.
g) Goods – merchandise available in Store.

3. Pricing in Store shall not constitute an offer as defined in the provisions of the Civil Code, but solely invitation to enter into a contract.

4. Prices in Store are given in Euro (gross, after adding any duties, VAT tax, and other taxes). Pricing does not contain shipping and payment cost- these costs are every time decided upon by Customer at the time of placing the order. The final price in relation to the contract for selling Goods is specified during the process of offer (order) placement, in accordance with §3 section 1 and 2.

§ 2

1. Customers are offered the possibility of registration in Internet Store, which results in creating user Account.

2. Registration process means:
a) Customer filling in the registration form available on the Store website (the form presents itself when selecting appropriate Store subsite or when placing the order). It is required that at least the fields marked as obligatory be filled in. These are: name and surname or company name, address, shipping address (if different from user’s address), email address, and-in case of business activity- company name and NIP (Tax Identification Number),
b) acceptance of the terms of use and cookie policy.

3. After filling in the registration form, Customer is sent a message via e-mail to the address provided during registration. Customer is requested to confirm the information by clicking on the attached link. Customer Account is established as soon as the confirmation process has taken place.

4. Customer is entitled to remove the Store account at any time by sending appropriate request at info@noattack.co.

5. Seller is entitled to terminate Account of a particular Customer also in case of the rule violations, especially when Customer:
a) Provided during registration in Internet Store inaccurate, outdated or invalid information that might be misleading or might infringe rights of third parties.
b) Through the Internet store committed an act of infringement of personal interests of third parties, especially personal interests of other Customers of the Internet Store,
In such a case re-registration is not permitted.

6. Terminating Account shall not impact validity of earlier legal actions performed by Seller with Customer in Store. 

§ 3
Order placement

1. Customer might purchase goods via Store. In order to do so, Customer shall add individual Goods to „cart”, and then confirm the selection by clicking on the appropriate option available on Store website.

 

2. After confirming a list of selected Goods, Customer shall:
a) specify method of payment
b) confirm that data provided during Account registration is valid, and the complete price of Goods  (including also VAT, any duties, delivery cost and payment cost- if any)

3. Performing the activities mentioned in section 1 and 2 is equal to making an offer of sale of the goods placed in cart by Customer to Seller, with pricing displayed and delivery cost provided.

4. When placing the offer by Customer in accordance with section 3, Customer is sent a message via e-mail to the address provided by Customer during account registration, with written confirmation of the terms of the placed offer (order).

5. Entering into the sale contract between Customer and Seller takes place after the offer (order) has been accepted by Seller- in the form of a message sent via e-mail to the address provided during account registration of the Internet store user. Confirmation of the offer (order) placement, mentioned in section 4, shall not be equal to offer (order) acceptance.

6. Seller reserves the right to change the content of Store website, especially Product catalogue as well as the terms of Goods sale, as well as for conducting and cancelling promotional campaigns on Store sites. Such changes shall not influence conditions of execution of accepted orders.

§4
Payment

1. Seller provides the following methods of payment:
Paypal system

2. Payment cost is determined by the selected method of payment. Customer is informed about the payment cost of particular Goods before placing the order, in accordance with §3. Moreover, information about current rates is accessible at all times on Store website.

3. In case of payment via Paypal, payment shall be completed before the Goods delivery.

4. In case of Customer’s delay in payment exceeding 7 working days from order acceptance by Seller, Seller is entitled to withdraw from the sale agreement mentioned above in §3 section 5.

§5
Order processing and Goods delivery

1. Seller shall undertake order processing immediately after entering into the sale contract of Goods included in the order (in case of „cash on delivery” payment) or immediately after acknowledgment of payment for the Goods in their bank account (in case of other methods of payment).

2. Delivery method and shipping address shall be specified by Customer in the order form.

3. Possible delivery methods are:
Poczta Polska (Polish Post) priority mail
Express European Shipping (FedEx)

4. Shipping cost is dependent on the selected delivery method and the selected method of payment (in case of „cash on delivery” shipping cost is higher). Customer is informed about the cost of delivery of given Goods before placing the order, in accordance with §3. Moreover, information about current rates is accessible at all times on Store website.

5. Order lead time is the sum of handing over the package to the delivery person and the time of package delivery. Seller shall hand over Goods to the delivery person within 10 working days from the order acceptance.

6. In case of no possibility to process the order within the time specified in section  5 above, Seller might:
a) inform Customer about this fact via e-mail to the address provided during Account registration or when placing the order and return the whole amount of money to Customer– unless Customer  gives their consent for prolonging the time of receipt of Goods. It especially concerns Goods that require adaptation to the individual needs of the specific Customer.
b) free themselves from the obligation of order execution through fulfillment of the substitute obligation corresponding with the same quality and purpose and for the same prize. Customer might however refuse to accept substitute package and withdraw from the contract in line with the conditions specified in §7, including returning Goods at Seller’s expense.

§6
Product liability

1. Seller bears responsibility for faulty Goods in case of Customers who are Consumers in line with the conditions specified in the Law of 27 July 2002 on special conditions of consumer sales and on changes in the Civil Code, and in case of other Customers – in line with the conditions specified in the Law of  23.04.1964 r. – the Civil Code.
2. Faulty goods (complaints) might be submitted via e-mail at info@noattack.co or in writing at the Seller’s address provided in §1.
Customer shall, if possible, write the following in the content of the letter of complaint:
a) fault description, including, especially: what the fault is and when it was discovered.
b) the date of revealing the fault.
c) what Customer request is in connection with complaint submission.
- However, lack of any of the above elements in the letter of complaint submitted by  Customer who is Consumer shall not preclude consideration of the complaint. Sending complete documentation might however speed the proceedings.

§7
Consumer withdrawal from the contract

1. Customer who is Consumer is entitled to - in accordance with the Law of 2 March 2000  on protection of certain rights of consumers and on liability for damages caused by a hazardous product (Journal of Laws No. 22 item 271) – withdraw from the sale contract within 10 days from the date of receiving the ordered Goods. In order to meet the deadline mentioned above Seller might be sent a statement with withdrawal from the contract before the time expires.

2. In case of withdrawal from the contract under section 1 the contract is considered not concluded, and Customer is freed from any liabilities. Whatever the parties have furnished shall be returned unchanged unless the change was necessary within the scope of ordinary management. Return shall take place immediately, no later than within 14 days.

3. Seller’s liability to repay Customer’s expenses, specified in section 2, includes both the price of Goods and all other payments made by Customer within the scope of the sale contract– also the cost of the first delivery. However, if withdrawal concerned only some of the Goods sent in one delivery, Seller shall repay Customer only the cost of delivery of the returned Goods, that is the delivery cost that Customer would be obliged to pay if they ordered only those Goods.

4. Customer is not entitled to withdraw from the contract concluded at a distance mentioned in section 1 in case of:
a) providing services that began, with consumer consent, before the deadline specified in section 1,
b) concerning audio and visual recordings, as well as those saved on computer storage media after removal of their original packaging by Consumer,
c) contracts concerning services where the prize or pay is exclusively dependent on pricing process on the financial market.  
d) services of characteristics specified by Consumer in the placed order or closely related to them.
e) services that due to their character might not be returned or their object is subject to  rapid deterioration.
f) press delivery.
g) gambling services.

§8
Goods exchange

1. Customer who is Consumer might refer to Seller to exchange the purchased Goods for another copy of the same Goods or other Goods available in Store – for an additional charge or return of the difference in value. Shall it be necessary to return Goods, Customer decides on the form of return.

2. In case of Seller giving consent to exchange Goods /merchandise, the shipping cost shall be covered by Customer.

§9
Personal data

1. Seller processes personal data of Customers exclusively in the range provided for by the provisions of law, including the Law of 29 August 1997 on personal data protection (i.e. – Journal of Laws  02.101.926, as amended) or these terms of use.

2. Seller shall undertake the necessary technical and organizational means to protect the processed personal data.

3. Through Account registration or order placement in accordance with §2 and 3, Customer gives consent to process personal data given in the registration form or order form so that Seller can perform their duties resulting from the contract with Customer, and also these terms of use (especially – for goods shipment,  invoice issue, and handle ongoing correspondence).

4. In case of and in line with the conditions specified in the Law on personal data protection, especially in art. 24 and art. 32-35, Customer is entitled to access their data, correct it or delete it.

5. Customer might give consent to have their personal data processed by Seller for marketing purposes, as well as consent to be sent trade information by Seller via e-mail.

6. In each case disclosure of personal data by Customer is voluntary- subject to that fact that some data is essential for Seller to execute the sale contract concluded through Store.

7. Customer personal data might be disclosed to a third party if such right or duties result from the rule of law.

§10
Technical requirements, prohibition of posting illegal content, complaints regarding Store operation

1. Through Store Seller provides Customers with the possibility of free use of the following e-services (within the meaning of the law of 18 July 2002 on providing e-services, Journal of Laws .2002.144.1204  as amended):
a) making Store content available.
b) concluding sale contracts for Good with Seller through Store in line with the conditions specified in these terms of use.

2. In order to use the above services Customer shall have at their disposal: a device that might be connected to the Internet and has an operating system, Internet connection, as well as an e-mail account.

3. The conditions of storing cookies by Seller on Customer’s devices, as well as Seller’s access to those cookies are specified by Cookie Policy which is attached to these terms of use.

4. Customer shall not use this Store to post content (e.g. comments) of illegal character– including content promoting violence or pornography or content infringing rights of a third party. Shall Seller receive any official notification or reliable information regarding illegal character of stored content provided by Customer, Seller might prevent access to this content.  

5. Customer shall:
a) not make use of Store in a way that interferes with its functioning, especially by use of specific software or devices.  
b) not take actions such as: circulating or posting spam in the Internet store,
c) use Internet store without causing inconvenience to other customers and Seller,

6. In case of dissatisfaction with Store operation, Customer is entitled to submit a complaint via e-mail at: info@noattack.co. Customer shall be informed about the way of handling their complaint at the e-mail address it was sent from within 14 days from its receipt by Seller.

 

§11
Changes to terms of use

1. Seller is entitled to change the provisions of these terms of use. In such a case:
a) registered Customers shall be informed about the changes via e-mail at the address provided at registration – at least 14 days before the changes are in place.
b) registered Customers shall be asked for acceptance of changes of the terms of use next time they log in.

2. Lack of acceptance of the changes in the terms of use is equal to termination of the e-services contract, specified in §9 of these terms of use effective immediately and resulting in terminating Customer’s Account – subject to §10 section 3 below.

3. Changes of the terms of use shall not infringe the rights accrued by Customers; and they shall not impact the placed orders that shall be processed based on the existing terms of use.

§12
Final provisions

1. The governing law applicable for these terms of use, as well as for all contracts concluded under this law (especially for sale contracts for Goods) is the law of the Republic of Poland.

2. In case of Customers who are Consumers whose permanent residence is European Union (except for Denmark) but outside of the Republic of Poland– section 1 is applied to the extent that it shall not exclude application of regulations applicable in the country of permanent residence of Consumer, the ones that shall not be excluded on the grounds of the contract  (see Art. 6 of the Directive of the European Parliament and European Council of 17 June 2008 on the governing law applicable for contractual obligations [Rome I, Journal of Laws of .UE.L.2008.177.6]).

3. In the event a dispute arises based on these terms of use or contracts included in its execution shall be settled by Polish common court having jurisdiction in accordance with the applicable regulations.

 

Attachment No. 1 to terms of use –Cookie policy

§1

1. This Policy specifies the rules for storing information by Seller and their access to information stored on Customer’s Devices in the form of Cookies.

2. All notions, defined in Terms of use, keep their meaning also on the ground of this Policy. Moreover, the following notions are given the following meaning:
a) Cookies - means IT data, especially small text files, saved and stored on devices that Customer uses to connect with Store Internet site.
b) Own Cookies - means Cookies placed by Seller, connected with providing e-services by Seller through Store.
c) External Cookies - means Cookies placed by a third party, via Internet Store website.
d) Policy – this Cookie policy, attachment No. 1 to terms of use.
e) Device - means an electronic device through which Customer gains access to Store.

§2

1. Seller with use of Cookies stores information on Customer’s Device or gains access to information stored there -in line with the conditions specified in this Policy.

2. Seller uses the following types of Cookies:
a) session Cookies: are stored on Customer’s Device and remain there until the browser session has ended. Stored information is then permanently deleted from Device memory.
b) persistent Cookies: are stored on Customer’s Device and remain there until they are deleted. Ending browser session or disconnecting Device does not delete them from Device.

3. Using Cookies by Seller does not cause configuration changes in customer’s Device and software installed on Device.

§3

1. Seller makes use of Own Cookies in order to:
- authenticate Customer in the service and ensure user’s session in Store,
- execute processes necessary for full functionality of Internet sites.

2. Seller uses External Cookies in order to:
- collect general and anonymous statistical data by analytical tools ,
- use interactive features to popularize Store with the help of social networking.

§4

1 Customer has the possibility to limit or disconnect access of Cookies to their Device in browser settings or through service configuration, especially in such a way that blocks automatic management Cookies or be informed whenever Cookies are placed on Customer’s Device. Detailed information regarding the possibility and methods of managing Cookies is available in software settings (of Internet browser).

2. Customer might delete Cookies at any time.

3. Limiting use of Cookies might impact some features available on Store Internet site.