Ntguilty - Be unapologetically you. Be Ntguilty. - Terms & Conditions

Terms & Conditions

§ 1.
General provisions

  1. These terms and conditions (hereinafter: the “Terms and Conditions”) set out the rules governing the use of the NTGUILTY Online Store operating at www.ntguilty.com and www.ntguilty.pl.
  2. The Store is property of NTGUILTY spółka z ograniczoną odpowiedzialnością [limited liability company] with its registered office in Warsaw (registered address: ul. Puławska 39 lok. 40, 02-508 Warsaw), entered into the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, under the KRS number: 0000854581, NIP [Tax ID]: 5213903941, REGON [National Official Business Register Number]: 386754990 (hereinafter: the “Seller”).
  3. The Seller may be contacted as follows:
  4. As part of its business activity, the Seller sells clothing, jewellery and cosmetic products (hereinafter: the “Products”) that may be purchased by Buyers using the Store. All products offered by the Store are factory new and free from physical and legal defects.
  5. Information about the Products available at the Store, in particular their descriptions, technical and performance parameters, as well as prices constitutes an invitation to the conclusion of the agreement within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (hereinafter: the “Civil Code”).
  6. Before using the Store, the Customer is required to read the Terms and Conditions and the Privacy Policy.

§ 2.
Definitions

Capitalised terms used in these Terms and Conditions have the meaning as follows:

  • Business Days – all days of the week from Monday to Friday, excluding days which are holidays within the meaning of the Act of 18 January 1951 on non-working days;
  • Customer – a User or a Buyer;
  • Consumer – a Buyer who is a natural person involved with the Seller in legal transactions not connected directly with their business or professional activity;
  • Account – a panel created in the Store’s IT system that allows the User to take advantage of its functionality, in particular, to purchase Products;
  • Buyer – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality, conferred with legal capacity by specific provisions, which has concluded or has taken steps to conclude a Product selling agreement with the Seller;
  • Privacy Policy – a document that contains information about the processing of personal data by the Seller;
  • Product – clothing, jewellery or a cosmetic product available at the Store that the Buyer may purchase;
  • Economic Operator – a natural person, a legal person, or an organisational unit without legal personality, conferred with legal capacity by specific provisions, carrying out a business or professional activity on its behalf;
  • Economic Operator with Consumer Rights – a natural person carrying out business or professional activity on own their behalf who has concluded with the Seller an agreement directly linked to their own business activity, in particular having however no professional character for that person resulting from the object of their professional activity;
  • Account Service Agreement – an agreement for the electronically supplied services within the meaning of the Act of 18 July 2002 on electronically supplied services, the subject of which is the creation and maintenance of an Account by the Seller for the User for an indefinite period;
  • User – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality, conferred with legal capacity by specific provisions, which has concluded or has taken steps to conclude an Account Service Agreement with the Seller;
  • Order – the Buyer’s declaration addressed to the Seller that identifies the number and type of the Products that Buyer wishes to purchase.

§ 3.
Technical requirements

  1. For the proper functioning of the services available at the Store for the Customers, all of the following are necessary:
    • An Internet connection;
    • A device allowing for the use of Internet resources;
    • A web browser that allows the device to display on its screen hypertext documents linked in the Internet through a web-based WWW service, supporting the JavaScript programming language, and also accepting cookies;
    • An active email account.
  2. At the Store, it is prohibited for Customers to use viruses, bots, worms or other computer codes (in particular those automating script and application processes, or other codes, files or tools).
  3. The Seller hereby informs that it uses cryptographic protection for electronic transfer and digital content by appropriate logical, organisational and technical means, in particular to prevent third parties from accessing data, including through SSL encryption, use of access passwords and anti-virus and anti-malware software.
  4. The Seller hereby informs that, despite the application of the safeguards referred to in paragraph 3 above, the use of the Internet and electronically supplied services may entail the risk of malware entering the Customer’s ICT system and their device, or third parties gaining access to the data stored on that device. In order to minimise such risk, the Seller recommends using anti-virus software or measures to protect identification in the Internet.

§ 4.
Terms of using the Store

  1. The Customer must use the Store in a manner consistent with the provisions of generally applicable law, these Terms and Conditions, and good practice.
  2. The Customer is not allowed to provide illegal content.

§ 5.
Creating an Account

  1. To create an Account, the User should do the following:
    • Go to the Store’s website;
    • Click on the figure icon, then type the email address in the form that appears;
    • Mandatory actions – check the checkbox at the declaration of acceptance of the Terms and Conditions and Privacy Policy;
    • Optional actions – check the checkbox at the declaration of consent to receiving commercial communications from the Seller about news and promotions at the Store, to be sent by email;
    • Click “sign up”.
  2. Immediately after clicking “sign up”:
    • The User obtains access to the Account;
    • A message is sent to the email address provided by the User with the password for future logins in the Account.
  3. By clicking “sign up”, the User enters into the Account Service Agreement.
  4. Once the Account is created, the User may add the following optional data to the mandatory data saved:
    • Name and surname;
    • Billing address (street name, house number, apartment number, postal code, town/city, country, email address, phone number and – optionally – business name);
    • c)       Shipping address (street name, house number, apartment number, postal code, town/city, country, and – optionally – business name).
  5. In the Account, the User may in particular store their details and view the Orders placed.
  6. The User may terminate the Account Service Agreement for convenience with immediate effect, at any time, by sending a notice of termination to the Seller by email. The Seller will delete the Account immediately after receiving the notice referred to in the preceding sentence.
  7. If the User uses the Account in breach of the provisions of generally applicable laws, these Terms and Conditions or good practice, or if the User provides illegal content, the Seller may block the Account, which is equivalent to the termination of the Account Service Agreement with a 14-days’ notice period. Upon expiry of the notice period referred to in the preceding sentence, the Account shall be permanently deleted.
  8. Blocking or deleting an Account does not affect the execution of selling Agreements concluded by the User before the Account is blocked or deleted.

§ 6.
Purchasing Products

  1. Prices of the Products available at the Store are expressed in Polish zlotys (PLN), euro (EUR) or US dollars (USD) and they are gross prices (containing all mandatory price components).
  2. The Seller may conduct promotion campaigns at the Store and specify their terms and duration in each individual instance. Promotions at the Store do not combine, unless the terms and conditions pertaining to a specific promotion provide otherwise.
  3. The Buyer may place orders 24 hours a day, each day of the calendar year.
  4. The Buyer may purchase Products either after an Account has been created or without creating one. If the User has created an Account, they should log in to it before beginning shopping.
  5. To purchase a Product, the Buyer should do the following:
    • Go to the Store’s website;
    • Go to the selected Product’s tab and click “add to cart”;
    • Go to the “shopping cart tab” and click “order”;
    • In the form displayed, enter or select the following data:
      • First name,
      • Last name,
      • Billing address (street name, house number, apartment number, postal code, town/city, country, email address, phone number and – optionally – business name and tax ID);
      • Shipping address if different than the billing address (street name, house number, apartment number, postal code, town/city, country, and – optionally – business name).
    • Mandatory actions – check the checkbox at the declaration of acceptance of the Terms and Conditions and Privacy Policy;
    • Optional actions –
      1. Check the checkbox at the declaration of consent to receiving commercial communications from the Seller about news and promotions at the Store, to be sent by email;
      1. Add a discount code or a comment for the Seller;
    • Click “buy and pay” and then pay for the Product according to the payment method selected.
  6. The Buyer may pay for the Product through PayPal or the PayU payment system.
  7. Once the Buyer has placed the Order, they will receive its confirmation to the email address they have provided.
  8. If it is not possible to fulfil the entire Order, the Seller will notify the Buyer in a message sent to the email address they have provided within 14 days of the date of placing the Order. In the case referred to in the preceding sentence, no selling agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 7 has already been paid by the Buyer, the Seller will promptly reimburse the Buyer for all the payments they have made.
  9. If it is not possible to fulfil the Order in part, the Seller will notify the Buyer in a message sent to the email address they have provided within 14 days of the date of placing the Order. In the case referred to in the preceding sentence, the Buyer may decide to:
    • Accept partial fulfilment of the Order or
    • Cancel the entire Order.
      If the Order referred to in this paragraph 8 has already been paid by the Buyer, the Seller – depending on the Buyer’s decision – will promptly reimburse the Buyer for all or part of the payments they have made.
  10. If the Buyer takes the decision referred to in paragraph 8(a) above, they will be deemed to have concluded a selling agreement with the Seller. The selling agreement referred to in the preceding sentence will apply only to the Products about the availability of which the Seller previously notified the Buyer.
  11. If the Order is submitted for fulfilment, the Buyer will be notified by a message sent to the email address they have provided, which is a proof of purchase from the Store. Receipt of the message referred to in the preceding sentence is equivalent to concluding a selling agreement between the Seller and the Buyer.
  12. If a placed Order in respect of which the Buyer has chosen to pay for the Product prior to its shipment is not paid within 3 days of the date on which it is placed, the Seller has the right to withdraw from the selling agreement and cancel the Order within 5 days of the date on which the time limit for paying for the Order has expired. If the Seller withdraws from the selling agreement and cancels the Order, the Buyer will be notified by a message sent to the email address they have provided.

§ 7.
Order fulfilment

  1. Orders are processed on weekdays, Monday to Friday, from 10 a.m. to 5 p.m. Processing of orders placed on a Business Day by 10 a.m. or on a non-Business Day begins on the nearest Business Day.
  2. A VAT invoice is issued at the express request of the Buyer, after they have provided all the information necessary for its issue.
  3. The Seller ships Products to addresses located in the territory of the Republic of Poland, EU countries, the United Kingdom, Australia, the United States, Mexico and Canada.
  4. The shipping costs are borne by the Buyer.
  5. In the case of shipment to countries outside the European Union, the Buyer pays the customs charges. Exact information on the amount of charges payable are available for the Buyer to check on the website of the integrated Tariff of the European Communities (TARIC), which provides the current rates of charges payable (http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
  6. The Product is shipped within 5 Business Days of the date the payment for the Product is credited to the Seller’s bank account – if the Buyer pays for the Product prior to its shipment.
  7. The Product is shipped to the Buyer (depending on their choice):
    • By courier via InPost or FEDEX;
    • Via InPost parcel locker.
      The Product shipping costs are listed in the table available at: https://ntguilty.pl/dostawa-i-platnosci/.
  8. The Seller is required to deliver the purchased Product to the Buyer free of defects.
  9. The Product delivered to the Buyer should be in intact condition.
  10. If the Product is delivered by a courier, the Buyer should check the Product in their presence. If the package is damaged, the Buyer should draw up a damage report and contact the Seller.

§ 8.
The right of withdrawal from the selling agreement

  1. The provisions of this Section 8 apply only to a Buyer being a Consumer or an Economic Operator with Consumer Rights.
  2. The Buyer has the right to withdraw from the Product selling agreement for convenience within 14 days of the date on which they or a third party (other than the carrier) designated by the Consumer takes possession of the Product.
  3. To exercise the right of withdrawal from the selling agreement, the Buyer is required to submit a statement of withdrawal from the selling agreement to the Seller (hereinafter: the “Statement”). To meet the time limit for withdrawal from the selling agreement, it is sufficient to send the Statement within the period mentioned in paragraph 2 above.
  4. The Statement may be made by the Buyer in any way, in particular on the form which constitutes Appendix 2 to the Consumer Rights Act. However, to facilitate the exercise of the right of withdrawal from the selling agreement, the Seller recommends submitting the Statement as described in paragraphs 5 to 7 below.
  5. The Buyer may submit the Statement by completing and printing a form which constitutes Appendix 1 to the Terms and Conditions (available for download here, which should then be sent together with the Product to the address indicated in paragraph 10 below.
  6. The Seller must immediately send to the Buyer an acknowledgement of receipt of the Statement on a durable medium by electronic mail.
  7. If the Buyer exercises their right of withdrawal, they should return the Product to the Seller within 14 days of the date of withdrawal. To meet the time limit referred to in the preceding sentence, it is sufficient to send the Product within that time.
  8. The Product should be returned to:
    NTGUILTY sp. z o.o.
    ul. Szeligowska 10/12
    01-319 Warszawa
    POLAND
  9. The Buyer is responsible for the direct costs of returning the Product.
  10. The payments made by the Buyer will be refunded upon the Seller’s receipt of the returned Product or proof of its return by the Buyer, whichever occurs first. The refund will be made using the same method of payment as used by the Buyer in the original transaction, unless the Consumer expressly agrees to a different solution. The Buyer does not bear any costs of the refund.
  11. The Buyer is responsible for a reduced value of the Product resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the Product.

§ 9.
Complaints

  1. Pursuant to Article 558(1) of the Civil Code, liability of the Seller under statutory warranty towards Buyers being Economic Operators or Economic Operators with Consumer Rights is excluded. Further provisions of this Section 9 apply only to the Consumer Buyer.
  2. The Seller is liable towards the Buyer under statutory warranty if the Product they have purchased has a physical or legal defect. The Buyer may exercise their rights arising from statutory warranty in accordance with the provisions of Article 556 et seq. of the Civil Code, subject to the provisions of this paragraph Section.
  3. The Buyer submitting a complaint for defects in the Product should send:
    • A declaration of complaint, attached as Appendix 2 to the Terms and Conditions, signed by hand (available for download here: […];
    • A proof of purchase of the Product or its photocopy;
    • The Product concerned;
      To:
      NTGUILTY sp. z o.o.
      ul. Szeligowska 10/12
      01-319 Warszawa
      POLAND
  4. A Buyer who has submitted a complaint and delivered the Product concerned to the Seller may require the Seller to reimburse the costs incurred in delivering it. If:
    • the complaint is accepted – the Seller will promptly reimburse the Buyer for the costs of delivery of the Product concerned;
    • the complaint is rejected as unjustified – the costs of delivering the Product concerned are not reimbursable.
  5. The time limit for handling and responding to a complaint is 14 days from the date of delivering the Product to the Seller together with a properly completed warranty statement. Failure to respond within the time limit indicated in the preceding sentence means that the complaint has been accepted by the Seller.
  6. The response to the complaint will be sent by the Seller to the Buyer by email.
  7. If it is not possible to remove the defect in the Product or replace it with a Product which is free of defects, the Seller will inform the Buyer that they can submit a statement of price reduction or withdrawal from the selling agreement. Depending on the Buyer’s choice, the Seller will refund all or part of the price for the defective Product to the Buyer within 14 working days of the Buyer’s choice of one of the options offered by the Seller.
  8. The Buyer may not withdraw from the selling agreement if the defect in the Product is insignificant.
  9. The Customer may also submit a complaint if the Store or any of its components are malfunctioning
  10. The Customer should send the complaint referred to in paragraph 9 above by email to: kontakt@ntguilty.com or contact@ntguilty.com.  It should specify:
    • First and last name of the Customer,
    • Email address,
    • A description of the irregularities observed.
  11. The provisions of paragraphs 5 to 6 above apply mutatis mutandis to the complaint referred to in paragraph 10 above.

§ 10.
Intellectual property of the Seller

The use of the Seller’s intellectual property (in particular, its name, trade mark, photographs and descriptions of the Product) is prohibited without its prior express permission.

§ 11.
Personal data protection

For information about the processing of personal data by the seller, please refer to the Privacy Policy available at: https://ntguilty.pl/polityka-prywatnosci/.

§ 12.
Out-of-court dispute resolution

  1. The provisions of this Section 12  apply only to Buyers  who are Consumers.
  2. The Customer may take advantage of the following out-of-court means of complaint handling and pursuing claims.
  3. Detailed information concerning the Customer’s options to take advantage of out-of-court means of complaint handling and pursuing claims, as well as principles governing access to those procedures, are available at the offices and websites of:
    1. county (municipal) ombudsmen, social organisations whose statutory tasks include consumer protection;
    1. Voivodeship Trade Inspectorates (Wojewódzki Inspektorat Inspekcji Handlowej);
    1. Office of Competition and Consumer Protection (UOKiK).
  4. The Customer may also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 13.
Final provisions

  1. The Seller reserves the right to amend the Terms and Conditions in the event of:
    • Changes in the Seller’s area of business;
    • Technical modifications in the Store requiring adjustments to the Terms and Conditions;
    • A legal obligation to amend, including an obligation to adapt the Terms and Conditions to the amended wording of generally applicable laws.
  2. Amendments to the Terms and Conditions will be notified to Customers by posting their amended version on the Store’s website at least 14 days before such amendments become effective. Within the same time limit, the amended version of the terms and conditions will be sent to Users by email.
  3. Selling agreements concluded before the date of entry into force of the new Terms and Conditions are governed by the Terms and Conditions in force at the material time.
  4. If the User does not agree to the amended Terms and Conditions, they may terminate the Account Service Agreement with immediate effect by deleting the Account until such time as the amended Terms and Conditions become effective. Failure to terminate will be deemed to constitute consent for the Seller to provide the electronically supplied services in accordance with the new Terms and Conditions.
  5. The Terms and Conditions are provided in a PDF file that allows it to be downloaded, fixed and printed.
  6. The following Appendices form part of the Terms and Conditions:
    • Appendix 1 – Statement of withdrawal from the selling agreement;
    • Appendix 2 – Statements of complaint.
  7. The current Terms and Conditions apply from 13 July 2021

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