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Terms of Services

TERMS OF SERVICE - NAGO.STORE ONLINE SHOP

These Terms of Service define the general conditions and rules of conducting the sales process orgnized by CLTHS S.A. with its registered office in Warsaw (owner of the "Nago" brand), via the online store www.nago.store (hereinafter: "Online Store") and defines the terms and conditions of electronically supplied services provided by CLTHS S.A.

§ 1 DEFINITIONS

1. Business days - means weekdays from Monday to Friday, excluding Polish public holidays.

2. Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier of delivery services, the Goods specified in the order.

3. Supplier - means an entity with which the Seller cooperates in the field of delivering the Goods:

a) courier company - DHL Parcel Polska Sp. z o.o. with headquarters in Warsaw;

b) broker of courier services - R2G Polska Sp. z o.o. with headquarters in Warsaw, intermediary in the purchase and handling of courier services;

4. Password - means a combination of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

5. Client - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Terms of Service and the law.

6. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and entered into a contract for the provision of a Customer Account service.

7. Login - means an individual Customer identification, determined by him, consisting of a combination of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store.

8. Terms of Service - means a set of rules and guidelines defined in this document.

9. Registration - means an actual activity performed in the manner specified in the Terms of Service, required for the Customer to use all functionalities of the Online Store.

10. Seller - means CLTHS S.A. with its registered office in Warsaw (03-972), ul. Złoczowska 13, TIN: 113-297-65-72, Reg. No. 380485129, entered into the Register of Entrepreneurs of the National Court Register under the NCR number: 0000735885, which manufactures and sells clothing under the "Nago" brand it owns, and through an online store operating on the domain www.nago.store or www.nago.com

11. Website Store - means websites on which the Seller operates the Online Store, operating in the domain www.nago.store or www.nago.com

12. Goods - means the product presented by the Seller via the Online Store Website, which may be the subject of the Sales Agreement.

13. Sales contract - means a sales contract concluded at a distance, on terms specified in the Regulations, between the Customer and the Seller.



§ 2 GENERAL PROVISIONS AND USE OF THE ONLINE STORE



1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Website Store, as well as to patterns, photos, forms, logos posted on the Website Store (except for logos and images presented on The Website Store’s for the purpose of presenting the goods to which copyrights belong to third parties) belong to the Seller, and the use of them can only take place in a manner specified and compliant with the Regulations and with the Seller's consent expressed in writing.

2. The Seller uses the mechanism of "cookie" files, which when used by customers from the Website Store, are saved by the Seller's server on the hard disk of the Customer's end device. The use of "cookies" is aimed at improving the functioning of the Website Store on the end devices of customers. This mechanism does not negatively influence the client's end device and does not cause any configuration changes in the client's end devices or software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Website Store.

3. In order to place orders in the Online Store at Nago.store website the customer is obliged to provide an active e-mail address.

4. The unlawful use of the Online Store, the Website of the Store or free services provided by the Seller by the Client (by any manner contrary to the law, morality or violation of personal rights of third parties) is prohibited.

5. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.

§ 3 REGISTRATION

1. In order to create a Customer Account, the Customer may make a free registration.

2. Registration is not necessary to place an order in the Online Store.

3. In order to register, the Customer should complete the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.

4. When filling out the registration form, the customer can read the Terms of Service and accept its content by marking the appropriate field in the form.

5. During the Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by marking the appropriate field of the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known to the Seller or anticipated recipients of such data.

6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The declaration may be sent to the Seller's address by e-mail or in paper form to the address of the Seller.

7. After sending the completed registration form, the Customer shall receive, without delay, the Registration confirmation from the Seller, sent to the e-mail address provided in the registration form. At this time, an agreement is concluded for the electronic provision of a Customer Account service, and the Customer will be able to access the Customer Account and make changes provided during the registration of data, with the exception of the Login.

§ 4 PLACING ORDERS

1. The information contained on the Website Store does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.

2. The Customer can place orders in the Online Store via the Online Website Store, 7 days a week, 24 hours a day.

3. The Customer placing an order through the Online Website Store completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the "ADD TO BASKET" order under the given Product presented in the Website Store. After completing the entire order and indicating the method of Delivery and Payment in the BASKET, the Customer places the order by sending the order form to the Seller, selecting the "BUY AND PAY" button on the Website Store. Each time before the order is sent to the Seller, the Customer is informed of the total cost of the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sales Agreement.

4. The placement of an order means submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of that order.

5. After placing an order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.

6. After confirming the placement of the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer referred to in paragraph 4 point 3 above and upon its receipt by the Customer a Sales Agreement is concluded.

7. After the conclusion of the Contract of Sale, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer when placing the order.

8. In the case of payment for an order by credit card, its execution begins its course from the moment of obtaining a positive authorization of the transaction.

§ 5 PAYMENTS

1. The prices on the Shop Website placed by the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement. The Customer will be informed about the details when choosing the Delivery method and placing the order.

2. The customer may choose the following methods of payment:

  1. For Customers with a bank account run by a Polish registered financial institution

  • direct transfer to the bank account of the Seller (in this instance the order will be processed after the transfer of the full amount and the reception of the transfer confirmation from the Customer);

This method of payment requires direct e-mail contact with the Shop Administrator (e-mail: contact@nago.store)

  • payment card - Visa, MasterCard, Maestro, Diners

  • eTransfer - Płacę z inteligo, mTransfer, MultiTransfer, Przelew24, Przelew z BPH, Płacę z iPKO, Pekao24Przelew, Płacę z Citi Handlowy, PayWay Toyota Bank, MeritumBank Przelew, Płać z BOŚ, Płacę z Alior Bankiem, Millennium and others.

  • eBilling - Deutsche Bank Polska S.A., ING Bank Śląski S.A., Invest Bank S.A., Crédit Agricole , Raiffaisen Bank Polska S.A. and others.

  • BLIK

  1. For Foreign Customers

  • payment/credit card - Visa, MasterCard, Maestro, Diners

  • direct transfer to the bank account of the Seller (in this instance the order will be processed after the transfer of the full amount and the reception of the transfer confirmation from the Customer);

This method of payment requires direct e-mail contact with the Shop Administrator (e-mail: contact@nago.store)

The entities providing online payment services are:

Polish and International Payments:

Paylane Sp. z o.o. with headquarters in Gdańsk (80-280), at ul. Cyprian Kamil Norwid 4, registered in the District Court Gdańsk Północ, VII Commercial Department of the National Court Register, under KRS number 0000227278, NIP 586-214-10-89, REGON 220010531, with share capital of PLN 4 201 500.

Polish Payments:

Blue Media S.A. with headquarters in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, registered in the District Court Gdańsk-Północ VIII Commercial Department of the National Court Register under No. 0000320590, NIP 585-13-51-185, REGON 191781561. Share capital PLN 2,000,000 (paid up in full).

3. The Customer is always informed by the Seller about the deadline in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.

4. If the Customer fails to make the payment within the time limit referred to in §5 point 3, the Seller sets an additional time for the Customer to make the payment and informs the Customer about it on a Durable medium. Information about the additional payment deadline also includes information that after the expiration of this deadline, the Seller will withdraw from the Sales Agreement..

5. In the case of returning goods on the basis of an effective complaint or withdrawal from the sales agreement within 14 days from the moment the goods are taken over by the customer, the funds paid for the purchase of the goods and delivery costs will be returned to the customer's account.

6. In situations described in par. 5 point 5 funds will be returned to the Customer's bank account indicated by the Customer to the Seller on a Return Form or by e-mail sent to contact@nago.store along with a statement of withdrawal from the sales contract.

§ 6 DELIVERY

1. The Seller performs the shipment of goods on the territory of the European Union member states (excluding Cyprus, Greece and Malta) according to a fixed price list, displayed at the time of ordering.

2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.

3. The Seller places on the Website Store information on the number of working days needed to ship and process the order. The company will use any means necessary to provide delivery of the ordered products within 7 working days in the territory of the European Union (excluding Cyprus, Malta and Greece).

4. The date of Delivery and execution of the order indicated on the Website Store is calculated in Working Days in accordance with §1 para. 1.

5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

6. On the day of shipment of Goods to the Customer, the Seller confirms this fact by a separate confirmation sent to the e-mail address provided by the Customer upon placement of order.

7. The customer should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier's employee. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to draw up a proper protocol.

8. In the absence of the Customer at the delivery address indicated when placing the order, the Supplier's employee will make a second attempt to deliver the parcel or redirect it to a delivery pickup point. The Customer will be informed about this action by the delivery supplier. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, in order to specify the date and cost of the consecutive Delivery.

§ 7 WARRANTY

1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).

2. If the product is faulty the customer can:

a) submit a statement of withdrawal from the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.

This limitation does not apply if the product has already been replaced or repaired by the seller or the seller has not met the obligation to replace the good with a product free from defects or to remove defects. The customer may, instead of the removal of the defect proposed by the Seller, demand replacement of the Goods free from defects.

b) demand replacement of defective product with one free from defects or removal of defect. The Seller is obliged to replace the defective Product with a product free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.

The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into conformity with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

3. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.

4. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date may not be terminated before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement due to a defect in the Goods. If the Customer requested a replacement of the Goods free from defects or remedying the defect, the deadline for withdrawal from the Contract of Sale or submitting a price reduction statement starts with the ineffective expiry of the deadline for replacing the Product or remedying the defect.

§ 8 COMPLAINTS

1. The Customer may submit in writing any complaints related to the acquired Goods or the implementation of the Sales Agreement to the Seller's address by sending it either to the e-mail address: contact@nago.store or to the following postal address: CLTHS S.A., ul. Złoczowska 13, 03-972 Warsaw (with the note: COMPLAINT).

2. The Seller will address the product complaint or complaint related to the implementation of the Sales Agreement notified by the Customer within 14 days from the date of receipt of the request containing the complaint.

3. The Customer may submit a complaint to the Seller in connection with the use of electronic services provided by the Seller. The complaint may be submitted in electronic form and sent to the address contact@nago.store. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and provide a reply to the Customer.

§ 9 WITHDRAWAL FROM THE SALES AGREEMENT

1. The Customer who is also a Consumer may withdraw from the Sales Agreement without giving any reason within 14 days from its conclusion.

2. The period for withdrawal from the Sales Agreement starts from the moment the Customer takes possession of the Goods.

The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The statement may be submitted on a form, the design of which was posted by the Seller on the Store’s Website. To meet the deadline, it is enough to send a statement before the 14 day period expires.

3. In the event of withdrawal from the Sales Agreement, it is considered void and the Parties to the Contract of Sale are obliged to return the benefits to the other Party

4. If the Customer has made a statement of withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.

5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of the Goods to the Customer. The Seller may withhold reimbursement of payments received from the Customer until confirmed reception of the Goods in question.

6. The Customer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Contract of Sale. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.

7. In the event of withdrawal, the Customer bears only the direct cost of returning the Goods.

8. The Customer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

9. The Seller shall refund the payment using the same method of payment as the Customer used, unless the Customer has expressly agreed to a different method of return, which is not associated with any additional costs.

11. Full description of the rules governing returns of goods purchased at www.nago.store is governed by Annex 1 to the Regulations of the NAGO.STORE online store - Returns Regulations. The document is available on our website in the "Returns" tab.

§ 10 SERVICES FREE OF CHARGE

1. The Seller provides a free Newsletter service to Clients via e-mail.

2. The Newsletter service is provided 7 days a week, 24 hours a day

3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services, which will inform the Customers in a manner appropriate to the change in the Terms of Service.

4. The Newsletter service is available for any customer who enters his e-mail address using a registration form made available by the Seller on the Store’s Website. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, confirmation from the Seller. With this moment, an agreement is concluded for the provision of the Newsletter service electronically.

5. The newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have subscribed.

6. Each Newsletter addressed to the Clients includes, in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of withdrawal from the free Newsletter service.

7. The Customer may, at any time, opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each email sent as part of the Newsletter service or through the activation of the relevant field in the Customer Account.

§ 11 PERSONAL DATA PROTECTION

1. The administrator of the personal data of Customers provided to the Seller on a voluntary basis as part of orders placed and as part of the Seller's provision of services by electronic means or under other circumstances specified in the Terms of Service is the Seller.

2. The Seller processes Clients' personal data in order to fulfill orders, provide the Seller with services electronically and other purposes specified in the Terms of Service. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.

3. The customer submits his personal data to the Seller voluntarily, with the reservation, however, that failure to provide specified data in the ordering process prevents its submission and implementation.

4. Anyone who provides their personal data to the Seller has the right to access their content and to correct it.

5. The Seller provides the opportunity to delete personal data from his database. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.

6. The Seller protects the personal data transferred to him and makes every effort to protect them against unauthorized access or use.

7. The Seller provides personal data of Customers to delivery providers to the extent necessary to perform the Delivery. The company responsible for conducting delivery in the area of the European Union on behalf of the store is DHL Parcel Polska Sp. z o.o. based in Warsaw.

8. If the Customer selects a payment through the Shoplo Payment System, his personal data is transferred to the extent necessary for processing the payment to Blue Media S.A. based in Sopot. If the Customer selects a payment through the Paylane system, his personal data is transferred to the extent necessary for processing the payment to Paylane Sp. z o.o. based in Gdańsk.

9. You have the right to request information about the contents of the data stored about you, as well as the right to request changes, block or delete data, as well as the right to rectify errors, supplement or update your data. Please contact us for this purpose at: contact@nago.store.

10. A full description of the methods, objectives, legal basis and rules for managing your personal data by the Seller is contained in the Privacy Policy (Annex 2 to the Regulations), available on our website in the "Privacy Policy" tab.

§ 12 TERMINATION OF THE ELECTRONIC SERVICES AGREEMENT (NOT APPLICABLE TO SALES AGREEMENTS)

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.

2. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer when using the service.




§ 13 FINAL PROVISIONS

1.The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.

2. The content of these Terms of Service may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.

3. In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.

4. All rules and regulations presented in this document and attachments to it are based and derived from Polish commerce and consumer law (consistent with general EU laws).

5. Every customer can use non-judicial means of dealing with complaints and redress. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are transmitted and made available by the Presidents of the relevant District Courts.

6. The Seller reserves the right to change these Terms of Service. All orders accepted by the Seller before the date of entry of new Terms of Service are implemented on the basis of the previous terms, which were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store’s Website.

7. The Terms of Service enter into force on October 1, 2018.




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