TERMS OF USE OF THE ONLINE STORE “NICOPODER”

§1 General Provisions

1.1 These terms of use govern the use of the Online Store operated at www.nicopoder.com.

1.2. The Online Store NICOPODER, available at www.nicopoder.com, is operated by: TCF GROUP sp. z o.o., company incorporated under the laws of Poland, with registered office located at (31-406) Kraków, 29 Listopada street 94, registered with the Polish National Court Trade Registry, kept by the District Court for the Cracow Śródmieście, XIth Commercial Department of the National Court Registry under  KRS number 0000705332, NIP 676-254-03-18, REGON 368862564.

1.3 Contact details of the entrepreneur, enabling the Buyer to contact the Seller:

1. postal address: 94 Aleja 29 Listopada Street, 31-406 Cracow,
2. phone number: +48 516 171 593,
3. email address: [email protected].

1.4 Terms of Use of the Online Store www.nicopoder.com are available at all times on the website www.nicopoder.com in a manner that allows Customers to obtain, view and record its content. The Terms of Use are also made available to Customers prior to the conclusion of the contract.

§2 Definitions

In terms used herein shall have the following respective meanings:

2.1 Consumer – a natural person purchasing Goods via the Online Store for a purpose not directly related to their business or professional activity.

2.2 Seller or Service Provider - TCF GROUP sp. z o.o., company incorporated under the laws of Poland, with registered office located at (31-406) Kraków, 29 Listopada street 94, registered with the Polish National Court Trade Registry, kept by the District Court for the Cracow Śródmieście, XIth Commercial Department of the National Court Registry under  KRS number 0000705332, NIP 676-254-03-18, REGON 368862564.

2.3 Online Store – an online store operated at www.nicopoder.com by the Seller.

2.4 Civil Code - the Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93).

2.5 Goods – any goods that are the subject of a sales contract between the Seller and the Buyer.

2.6 Terms of Use – this document (Terms of Use) setting forth the rights and obligations of the Seller and the Buyer as well as the rules for the use of the Online Store.

2.7. Customer or Buyer – a natural person, legal person and unincorporated body, vested with legal capacity by a specific statute, purchasing Goods via the Online Store.

2.8. Order - a declaration of will of the Customer, in which the Customer accepts the Seller's sales offer, which includes, in particular, the price, type, quantity of Goods under the contract of sale through the Online Store.

2.9 Consumer Rights Act – the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended).

§3 Rules for using the Online Store

3.1. The prices of all Goods offered by the Online Store are gross prices (including VAT) denominated in Polish zlotys. Any deviations from the Polish currency rule are clearly marked.

3.2 Prices on the website of the Online Store, as well as descriptions of the Goods are only commercial information, and not an offer within the meaning of the Civil Code. For the purposes of entering into a particular contract, it shall not become binding until the Order is accepted for execution by the Seller.

3.3 If the Seller in the Online Store enables the use of discount codes authorizing the purchase of Goods with a discount included in the coupon, then the rules for using discounts will be specified in separate regulations.

3.4 Acceptance of these Terms of Use is required to place an Order on the Online Store.

3.5 In order to successfully place an Order on the Online Store, it is necessary to have a device with Internet access that allows the user to browse the Internet, as well as a keyboard or other device enabling the correct completion of electronic forms. The use of latest versions of the following web browsers is recommended: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.).

3.6 The Online Store website uses the Responsive Web Design (RWD) technology, which adjusts the content of the page to the device on which it is displayed. The Online Store website is prepared to be displayed both on desktop computers and on mobile devices.

3.7 The Online Store website www.nicopoder.com has an SSL certificate (SSL is a secure communication encryption protocol).

§4 Terms and conditions of concluding a sales contract

4.1 Orders can be placed with the Online Store by filling in the relevant forms available on the Online Store website.

4.2 When placing an Order, the Customer must provide correct personal data: first and last name, address of delivery, email address and mobile phone number.

4.3 Upon receiving the Order, the Seller will confirm its receipt and simultaneously inform the Buyer of its acceptance for processing. An Order shall be confirmed by the Seller sending an appropriate email to the Customer’s address provided in the Order form. As soon as the Seller confirms acceptance of the Order for execution, the contract is considered concluded.

4.4 In each case, after receiving an Order, the Seller shall simultaneously send the Terms of Use to the Buyer and thus meet the obligation to provide the Consumer Buyer with the information referred to in Article 12 (1) of the Consumer Rights Act.

4.5 Orders can be placed with the Online Store on a 24/7/365 basis.

4.6. When placing an Order, the Customer declares that he/she is an adult user of tobacco products and/or related products.

4.7 In the Online Store, the Customer has the option of creating a Customer account (hereinafter referred to as “Customer Account”) by following the registration process in which they provide the data specified in the registration form. Creating a Customer Account is free of charge, voluntary and is not a condition for placing an order with the Online Store. The Buyer has the option of placing an Order via the Online Store without first creating a Customer Account, using the order form available on the Online Store website. When creating a Customer Account, the Buyer undertakes to provide true data.

4.8. Users of the Online Store, including in particular Customers, have the opportunity to obtain a free electronic service provided by the Seller via e-mail, which allows all users to automatically receive marketing messages from the Seller containing information about Goods, services, news and special deals in the Online Store (hereinafter: “Newsletter”). The terms and conditions of the Newsletter service are set forth in § 11 of the Terms of Use.

§5 Method of payment and payment date

5.1 In the Online Store it is possible to pay in one of the following ways:

1. by bank transfer to the Seller's bank account,
2. by electronic bank transfer to the Seller's bank account, under the so-called fast online transfer (PayU),
3. using fast payments (Blik),
4. cash on delivery payment.

5.2 After placing an Order, the Customer is required to make payments using one of the above-mentioned methods within 7 calendar days from the date of conclusion of the sales contract.

5.3 If the payment indicated in § 5 (5.1)(a) of the Terms of Use is selected, the Customer will receive by electronic mail (e-mail) the bank account number to which the correct amount should be transferred. Once the payment is credited to the bank account of the Online Store, the order is transferred for processing.

5.4 If the form of payment indicated in § 5 (5.1)(b) or (c) of the Terms of Use above is selected, the Customer shall be automatically redirected to the external electronic payment service operated by payment service providers (PayU and the partner operating the BLIK Mobile Payment System) and follow the instructions contained therein.

5.5 The Online Store enables payments to be made via the PayU system and the BLIK Mobile Payment System (TPay).

5.6 The Seller's settlement partner is the payment system operator „PayU”, that is PayU S.A. with its registered seat in Poznań, Grunwaldzka street 186, 60-166 Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000274399, NIP number: 7792308495. The second settlement partner is “TPay” that is Krajowy Integrator Płatności S.A. with its registered seat in Poznań, Plac Andersa 3, 17 floor, 61-894 Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000412357, NIP number: 7773061579.

5.7 If cash on delivery is selected, the Customer is required to make the payment when collecting the parcel.

5.8. The Seller does not use an algorithm that adjusts prices based on automated decision-making.

§6 Delivery

6.1 Ordered Goods are delivered exclusively in the territory of the Republic of Poland and the European Union. Delivery is made to the address indicated by the Customer in the Order form.

6.2 The shipping time of the Goods is indicated on the Store's website and is 48 hours. The Seller shall make every effort to deliver the Goods within the time specified in the product data sheet on the Online Store. If the Goods cannot be delivered within the aforementioned time, the Buyer will be informed immediately.

6.3 Delivery of ordered Goods is carried out through:

1. InPost Paczkomaty 24/7,
2. InPost courier service,
3. UPS courier service.

6.4 When the Goods are handed over to the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the Order.

6.5 The Customer can also collect the ordered Goods in person at the company's headquarters: Aleja 29 Listopada street 94, 31-406 Kraków. In the case of collection in person, the Buyer shall not bear the cost of delivery of the Goods.

6.6 The cost of delivery of the Goods, which shall be borne by the Customer in addition to the price of the Goods, is indicated on the Online Store's website when placing an Order.

6.7 The cost of delivery of the Goods in the case of selection of choosing cash on delivery payment shall be fully borne by the Customer.

6.8 Upon receipt of the Goods, the Customer is obliged to confirm their receipt. From then on, the Goods become the property of the Customer.

6.9. If the Customer chooses to pay by bank transfer or payment card, the Order processing time is calculated from the date of crediting the Seller's bank account or checking account.

§7 Withdrawal from the contract

7.1 A Buyer being a consumer who has concluded a distance contract or off-premises contract, has the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the Goods to him/her without giving any reason.

7.2 In the event of exercising the right referred to in the preceding item, the Buyer shall be obliged to inform the Seller about that fact by submitting a statement of withdrawal on the form provided to him/her by the Seller, which may be sent by mail to the address: Aleja 29 Listopada street 94, 31-406 Kraków; he/she may also do it electronically by means of an electronic withdrawal form sent to the Seller’s email address: [email protected]. To meet the withdrawal deadline, it is sufficient to send the statement before the expiry of the period for withdrawal. Statement of withdrawal submitted after the deadline referred to in § 7 (7.1) of the Terms of Use has no legal effect.

7.3 The form of declaration of withdrawal from the contract (Appendix 1 to these Terms of Use) is provided to the Buyer in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the Order for processing). In order to exercise the right to withdraw from the contract, the Buyer may use the withdrawal form, but this is not mandatory.

7.4 In order to meet the deadline for withdrawal from the contract, it is sufficient for the Buyer to send information regarding the exercise of their right of withdrawal before the deadline for withdrawal from the contract.

7.5 The cost of returning the Goods, with the exception of the situation referred to in Article 33 of the Consumer Rights Act (i.e. in the situation of additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store) and Article 34(2) of the Consumer Rights Act, shall be borne by the Seller.

7.6 The Customer is obliged to properly secure the returned Goods so as to prevent the damage thereof in transport (direct cost of returning the item in accordance with Article 34(2) of the Consumer Rights Act). The Consumer shall bear the direct costs of returning the Goods.

7.7 The Customer is obliged to return the Goods immediately, but not later than within 14 days from the date on which he/she withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the thing subject to return shall be collected by the Seller or by a person authorised by them.

7.8 The Customer shall be liable only for the decrease in the value of the returned Goods resulting from the use thereof other than necessary to establish the nature, characteristics and functioning of the Goods. If the delivered Goods are incomplete or bear traces of use, exceeding the usual scope indicated in the sentence above, the Seller reserves the right to refuse to accept such returned Goods, or to reduce the refund amount by the equivalent of the damage to the Goods.

7.9 In the event of withdrawal from the contract, all payments made by the Customer, including delivery costs, will be transferred to the Customer’s bank account immediately, but not later than within 14 days from the date of receipt by the Seller of the Buyer’s statement of withdrawal from the contract.

7.10 The Seller declares that the payment refund referred to in § 7 (7.9) of the Terms of Use will be made using the same method of payment as the one used by the Buyer. The Seller, in consultation with the Buyer, may determine another method of return that will not involve the Buyer incurring additional costs.

7.11 The right to withdraw from the contract shall not apply: (a) in the cases specified in Article 38 of the Consumer Rights Act, in particular in a situation where the subject matter of the performance is a thing produced to the Buyer's specifications or serving to satisfy the Buyer’s individual needs or where the subject matter of the performance involves things that, due to their nature, are inseparably connected with other things after delivery; (b) if a natural person conducting business activity has concluded a contract directly related to their business, and the contract is of a professional nature for that person resulting in particular from the object of the person’s business, which is recorded in the Central Register and Information on Economic Activity.

§8 Complaints

8.1 The Consumer Buyer or the Entrepreneur with Consumer Rights referred to in Article 7aa of the Consumer Rights Act may file a complaint against the Seller in the event of non-compliance of Goods with the contract. The legal basis for the complaint is the non-compliance of Goods (purchased product) with the contract as provided for in the Consumer Rights Act, in particular in Article 5a of the aforementioned Act. The provisions of this Chapter shall apply to the Buyers referred to above. 

8.2 In the event of non-compliance of Goods with the contract, the Buyer is entitled to a relevant claim against the Seller for bringing the Goods into conformity with the contract.  

8.3 The Seller shall be liable for non-conformity of Goods with the contract if the lack of conformity of the Goods with the contract existed at the time of delivery of the thing (Goods) to the Buyer or was damaged in transport. The rules of the Seller's liability, including its scope and duration, are set out in the Consumer Rights Act.

8.4 The complaint notice should be sent to the address: TCF GROUP spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (registered address: Aleja 29 Listopada street 94, 31-406 Kraków) or in the form of email correspondence to the following address: [email protected] (to improve the complaint handling process, the Seller recommends that the Buyer provide the Order number in the title and add the word “complaint”). 

8.5 If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall ask the Buyer submitting the complaint to supplement it as instructed.

8.6 The Seller shall consider the complaint within 14 days from the date of its receipt. If the complaint is rejected, the Seller shall notify the Buyer thereof giving the reasons for such decision. If the Buyer has requested the replacement of a thing or claimed price reduction, specifying the amount by which the price is to be reduced, and the Seller has failed to respond to the request within 14 days from the date of its receipt, such request shall be deemed justified.

8.7 If complaint is found to be justified, which results in the Seller's obligation to refund all or part of the price paid, the refund shall be made using the same payment methods as that used by the Buyer during the Goods purchase transaction, unless the Buyer has expressly accepted another form of payment refund, which does not involve any costs for the Buyer. 

§9 Provisions Relating to Consumer Disputes

9.1 If the Seller does not resolve a complaint as expected by the Consumer Buyer, the Buyer may use out-of-court complaint and redress methods, which include the following:

1. may refer the case to a permanent consumer arbitration court operating at the Trade Inspection Authority with a request to settle the dispute;
2. may request the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings regarding for an amicable settlement of the dispute;
3. may use free assistance on out-of-court dispute resolution and redress of district (municipal) consumer ombudsmen and civic society organisations whose statutory tasks include consumer protection;
4. may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.

9.2 Detailed information on the possibility of the Buyer using out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of the Office of Competition and Consumer Protection, provincial inspectorates of the Trade Inspection Authority and district (municipal) consumer ombudsmen, as well as civic society organisations whose statutory tasks include the protection of consumer rights.

9.3.The above provisions are for informational purposes only and do not constitute an obligation of the Seller to use out-of-court dispute resolution methods. In each case, the Seller's statement of consent or refusal to participate in proceedings for out-of-court resolution of consumer disputes shall be submitted by the Seller on paper or other durable medium in the event that, as a result of a complaint submitted by the Buyer (being a consumer), the dispute has not been resolved.

§10 Rules of publishing opinions

10.1 The Buyer has the option to give an opinion, on a voluntary and free-of-charge basis, regarding Goods purchased in the Online Store. An opinion may also concern an assessment, photo or review of Goods purchased in the Online Store.

10.2 Opinions are Customers’ subjective statements. The Seller does not assume any responsibility for their content.

10.3 The Buyer declares that his/her statement does not violate applicable laws or the rights of third parties. He/she is fully responsible for the statements posted by him/her on the Online Store.

10.4 The submitted opinion shall be subject to verification by the Seller to check whether the opinion concerned does not contain prohibited content, i.e. in particular whether the opinion does not violate applicable laws and regulations, contains prohibited content, advertising, personal data, violates copyright, etc. In order to ensure that opinions about the Goods come from Buyers, the Seller uses the CRM program in the Shoper system, which allows to verify that opinions about the Goods come only from Buyers who actually purchased the Goods from the Seller's Online Store.

§11 Newsletter service.

11.1 The Newsletter service may be used by anyone using the Online Store, including, in particular, the Buyer who enters his/her e-mail address and expresses appropriate consent to receive marketing messages electronically, using a form made available by the Seller on the Online Store website for this purpose. After submitting the completed registration form, the Buyer (or another user of the Online Store) immediately receives an activation link via email to the address provided in the registration form, in order to confirm the subscription to the Newsletter service. Upon activation of the link, contract for electronic provision of Newsletter service is concluded. Newsletter service is completely voluntary and free of charge.

11.2 Each Newsletter addressed to Buyers (or users of the Online Store who have agreed to be provided with the Newsletter service) contains, in particular: information about the sender, a completed “subject” field, specifying the content of the package, and information about the possibility and method of cancelling the free Newsletter service.

11.3 The Buyer (or a user of the Online Store who has agreed to be provided with the Newsletter service) may unsubscribe from the Newsletter at any time by means of an unsubscribe link provided in each email sent as part of the Newsletter service or by sending a relevant message to the email address: [email protected].

§12 Personal data

12.1 The controller of personal data is the Seller.

12.2 Data protection rules are set out in the Privacy Policy available on the website of the Online Store, i.e. at: www.nicopoder.com.

§13 Services rendered electronically

13.1 The Services provided electronically via the Online Store (hereinafter referred to in this chapter as “Services” or “Service”) consist in making the content and functionality of the Online Store website available free of charge to its users, including Buyers, in particular through:

1. enabling users, including Buyers, to read the content and materials posted on the Online Store website;
2. enabling Buyers to place online orders and enter into online sales contracts – with regard to Goods and setting up a Customer Account; 
3. enabling Buyers to publish opinions about Goods or services provided by the Seller;
4. sending information to the Buyer or user regarding services provided by electronic means and enabling contact with the Seller;
5. enabling users, including Buyers, to use the Newsletter service under the terms and conditions specified in the Terms of Use.

13.2 The Online Store website and all materials contained therein, including works, collections of works, databases and trademarks are subject to protection provided for in laws and regulations of general application, in particular those regarding intellectual or industrial property.

13.3 Each user of the Online Store website, including in particular the Buyer, may file a complaint regarding the functioning of the Online Store. The provisions of § 8 of the Terms of Use shall apply accordingly. 

13.4 The Seller reserves the right to change the functionality of the Online Store and to temporarily suspend the activity of the Online Store website for the duration of maintenance or other work related to the development of the Online Store website; in particular, the Seller reserves the right to change the functionality of the Online Store.

§14 Final Provisions

14.1 All texts, photos, graphics, charts, video materials, multimedia materials, etc. placed on the Online Store website, in particular those constituting a work within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text, Journal of Laws of 2019, item 1231, as amended), are covered by legal protection, in particular to the extent resulting from the above-mentioned Act on Copyright and Related Rights.

14.2 The Seller reserves the right to change the provisions of these Terms of Use if it is necessary for the proper functioning of the Online Store and will not adversely affect the rights of Customers, or the change will be aimed at improving the conditions of use of the Online Store or will result from the need to ensure the safe operation of the Online Store and prevent possible abuse. Moreover, the Seller reserves the right to change the Terms of Use by introducing new, modifying or withdrawing existing functionalities or services covered by the Terms of Use, as well as the right to introduce changes to clarify or eliminate possible inaccuracies and changes to the definitions used in the Terms of Use.

14.3 If, as a result of changes in the law, certain provisions of the Terms of Use become contrary to the law or invalid, the Seller shall replace such provisions of the Terms of Use with new, permissible provisions that comply with the law.

14.4 The information about an amendment to the Terms of Use referred to in the preceding sentence shall in particular specify the effective date of the amendment of the Terms of Use, not less than 14 calendar days in advance, calculated from the date the information about the amendment of the Terms of Use (along with the amended Terms of Use) is made available, unless the applicable law or the decision of an authorised body requires the Seller to amend them within a shorter time period. In addition, Buyers who provided their e-mail addresses shall be informed about changes to the Terms of Use by sending appropriate information to the email address provided. 

14.5 Amendments to the Terms of Use that are more beneficial for Buyers or that concern only changes in the method of registration in the Online Store, which do not affect the rights and obligations of the Users already bound by the Terms of Use at the time of their introduction, or amendments that expand or improve functionalities of the Online Store, without prejudice to any rights acquired by the Users, shall become effective upon their publication.

14.6 The Buyer may terminate the Terms of Use at any time by immediate notice. This can be done by sending an appropriate request to the email address: www.nicopoder.com, or by sending it in writing to the Seller's address stated in § 1 (1.3)(a) of the Terms of Use.

14.7 The Seller reserves the right to terminate the Terms of Use and discontinue the operation of the Online Store. The Seller shall give notice of closure of the Online Store on the Online Store website at least 14 calendar days before the planned end of the Online Store operation. In addition, at the same time, the Seller shall inform the Buyers who have registered a Customer Account with the Online Store by sending relevant information to the e-mail address provided about the termination of the Online Store operation.

14.8 The Seller reserves the right to refuse to execute an order and serve the Buyer if reasonable grounds arise to believe that the Buyer is dishonest or attempts to place an order in a manner inconsistent with the law, the rules of social intercourse or the Terms of Use.

14.9 Contracts with the Seller are concluded in Polish.

14.10 The Terms of Use enter into force on the day of their publication and shall apply for an indefinite period.