Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

1.

These Terms and Conditions define the general conditions, rules and manner of sales conducted by Nosson limited liability company, based in Lublin, through the 30.coffee online store (hereinafter: "Online Store") and specify the terms and conditions of providing free services electronically.

§ 1 Definitions

1.

Business days - means the days of the week from Monday to Friday excluding public holidays.

2.

Delivery - means the actual act of delivering to the Client by the Seller, through the Supplier, the Goods specified in the order.

3.

Supplier - means the courier service through which the Seller delivers the Goods. (DHL Express (Poland) Sp. z O. O., FedEx Express Poland Sp. z O. O, DHL Parcel Polska Sp. z O. O.)

4.

Password - means a sequence of letter, digital or other characters selected by the Client during Registration in the Online Store, used to secure access to the Client's Account in the Online Store.

5.

Client - means an entity to whom, in accordance with the Terms and Conditions and legal regulations, electronic services may be provided or with whom a Sales Contract may be concluded.

6.

Consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.

7.

Client's Account - means an individual panel for each Client, launched on his behalf by the Seller, after the Client registers and concludes a contract for the provision of services of maintaining a Client's Account.

8.

Login - means an individual designation of the Client, established by the Client, consisting of a sequence of letter, digital or other characters, required together with the Password to establish the Client's Account in the Online Store. Login is the Client's proper e-mail address.

9.

Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.

10.

Terms and Conditions - means these regulations

11.

Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Client to use all functionalities of the Online Store.

12.

Seller - means Nosson Sp. z O. O. with its registered office in Lublin (20-006), Hugo Kollataja 3, TIN: 1132996965, REGON: 383150688, entered into the National Court Register under the number 0000868193.

By: District Court Lublin-Wschód in Lublin based in Świdnik,

6th Commercial Division of the National Court Register; e-mail: [email protected].

13.

Store Website - means the websites under which the Seller operates the Online Store, operating in the domain https://30.coffee/

14.

Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Contract.

15.

Durable medium - means a material or tool that allows the Client or the Seller to store information directed personally to the Client, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.

16.

Sales Contract - means a contract of sale concluded remotely, under the provisions of the Terms and Conditions, between the Client and the Seller.

§ 2 General provisions and use of the Online Store

1.

All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Terms and Conditions and the consent of the Seller expressed in writing.

2.

The Seller will endeavor to make the use of the Online Store possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store's Website are a web browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The Store's Website is optimized for a minimum screen resolution of 1024x768 pixels.

3.

The Seller uses the mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Clients use the Store's Website. The use of "cookies" is aimed at the proper operation of the Store's Website on Clients' terminal devices. This mechanism does not damage the Client's final device and does not cause any configuration changes in the Clients' final devices or in the software installed on these devices. Each Client can disable the "cookies" mechanism in the web browser of his/her end device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Store's Website.

4.

In order to place an order in the Online Store via the Store's Website and to use the services available on the Store's Websites, it is necessary for the Client to have an active e-mail account.

5.

It is forbidden for the Client to provide content of an unlawful nature and for the Client to use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, good morals, violating the personal rights of third parties.

6.

The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Client data by unauthorized persons, so Clients should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection programs for Internet use. The Seller shall never ask the Client to provide him with a Password in any form.

§ 3 Registration

1.

In order to create a Client Account, the Client is obliged to make a free Registration.

2.

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

3.

For Registration, the Client should fill out the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During Registration, the Client shall establish an individual Password.

4.

When filling out the registration form, the Client has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form.

5.

After submitting the completed registration form, the Client will immediately receive, via e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. As of this moment, an agreement on the electronic provision of the service of maintaining the Client's Account is concluded, and the Client obtains the possibility to access the Client's Account and make changes to the data provided during the Registration, except for the Login.

§ 4 Ordering

1.

The information contained on the Store's Website does not constitute an offer by the Seller, within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Contract.

2.

The Client can place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.

3.

The Client placing an order via the Store's Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store's Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Client places the order by sending the order form to the Seller, selecting the "Order and pay" button on the Store's Website. Additional costs will be calculated by the supplier on the basis of the documents provided by the Seller, after the shipment is sent, in order to deliver the parcel the Client undertakes to pay the resulting costs.

4.

Placing an order constitutes an offer by the Client to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.

5.

Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the Client.

6.

Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Client information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller's statement of acceptance of the offer referred to in §4 item 4 above, and upon its receipt by the Client the Sales Contract is concluded.

7.

After the conclusion of the Sales Contract, the Seller confirms the terms and conditions of the Contract to the Client by sending them in a durable medium to the Client's e-mail address or in writing to the address indicated by the Client during Registration or order placement.

§ 5 Payments

1.

The prices on the Store's Website posted next to a given Goods are gross prices and do not include information regarding delivery costs and any other costs that the Client will be obliged to incur in connection with the Sales Contract, which the Client will be informed about when selecting the delivery method and placing the order.

2.

The Client may choose the following forms of payment for the ordered Goods:

bank transfer to the Seller's bank account (in this case, order processing will begin after the Seller sends the Client a confirmation of acceptance of the order, and shipment will be made immediately after receipt of funds in the Seller's bank account);

electronic payments (BLIK, BankLink, Bank Card) through external payment systems, operated ING Bank Slaski S.A. based in Katowice (in this case, order processing will begin after the Seller sends the Client a confirmation of order acceptance and after the Seller receives information from the electronic payment system that the payment was made by the Client);

3.

The Client is each time informed by the Seller on the Store's Website about the date by which he is obliged to make payment for the order in the amount resulting from the concluded Sales Contract.

4.

In the event that the Client fails to make payment within the time limit referred to in §5.3, the Seller shall set an additional time limit for the Client to make payment and inform the Client about it via e-mail or in writing. Information about the additional deadline for payment shall also include information that upon ineffective lapse of this deadline, the Seller will withdraw from the Sales Contract. In the event of ineffective expiration of the second deadline for making payment, the Seller shall send the Client via e-mail or in writing a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code.

§ 6 Delivery

1.

If Goods are being ordered from outside of the European Union, export duties and taxes may apply, and be charged against and borne by the Customer.

2.

The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.

3.

The Seller shall post on the Store's Website information about the number of Business Days required for Delivery and processing of the order.

4.

Delivery and processing time is calculated individually depending on the place of delivery specified by the Client and is calculated in Business Days from the moment of making the payment by the Client in case of choosing prepayment option by the Client.

6.

The ordered Goods are delivered to the Client via the Supplier at the address indicated in the order form. The Client is responsible for providing the correct delivery address, which Client may change before receiving shipping confirmation from the Seller.

7.

On the day of shipment of the Goods to the Client (if the possibility of collecting the Goods in person has not been selected), information confirming the shipment by the Seller is forwarded to the Client's e-mail address. The Seller declares that it is impossible to change the delivery address after confirming the shipment. Suppose the parcel is delivered to the address indicated by the Customer in the order form. In that case, the order is completed, and the ownership rights are transferred to the Customer, who waives the right to make a complaint about the order's delivery.

8.

The Client should examine the delivered shipment at the time and in the manner usual for shipments of a given type, in the presence of an employee of the Supplier. If the shipment is found to be defective or damaged. The Client shall also have the right to request the Supplier's employee to write a proper protocol.

9.

The Client has the opportunity to pick up the ordered Goods in person. Collection can be made at the Seller's office on Business Days, during the opening hours indicated on the Store's Website, after arranging with the Seller the collection date by e-mail or telephone.

10.

The Seller, in accordance with the Client's will, shall attach to the shipment being delivered either a receipt or a VAT invoice covering the delivered Goods.

11.

In the event of the Client's absence at the address specified by the Client, given when placing the order as the Delivery address, an employee of the Supplier will leave an advice letter or attempt to contact the Client by telephone to arrange a date when the Client will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Client by e-mail or telephone, setting again with the Client the date and cost of Delivery.

§ 7 Warranty

1.

The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Client if the Goods have a physical or legal defect (warranty).

Warranty for all goods shipped outside of the EU is a 12 Months Parts Only Warranty.

2.

If the Goods have a defect, the Client may:

Demand to replace the Defective Goods with defect-free or remove the defect. The Seller shall replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Client.

The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Contract in the manner chosen by the Client is impossible or, compared with the other possible way of bringing them into conformity with the Sales Contract, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.

3.

The Client who exercises warranty rights is obliged to deliver the defective item to the Seller's address. The cost of delivery shall be paid by the Client.

More information about the Warranty by the link  https://30.coffee/warranty

§ 8 Complaints

1.

Any complaints related to the Goods or the performance of the Sales Contract, the Client may address in writing to the address of the Seller.

2.

In order to process a complaint about the Goods, the Client should send or deliver the claimed Goods to the Seller.

3.

The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Client.

4.

The Client covers all documented costs of the complaint, in particular the cost of delivering the advertised Goods to the Seller and the cost of returning the Goods to the Seller.

§ 9 Guarantee

1.     The guarantor is Nosson Sp. z O. O., based in Lublin, Hugo Kollataja 3, 20-006 Lublin.

2.     The Guarantor provides a guarantee for a period of 24 months (for consumers located in the European Union) and 12 months (for non-consumers, or for consumers located outside the European Union), the guarantee period starts from the date of receipt of the product by the Purchaser.

3.     The guarantor guarantees the smooth operation of the equipment in accordance with the technical and operating conditions described in the instruction manual of the product, taking into account the wording of Article 578 of the Civil Code, according to which liability under the guarantee covers only defects arising from causes inherent in the sold thing.

4.     Use of equipment with a defect for a period of 30 days after its disclosure, results in its acceptance and loss of guarantee rights for defects resulting from this defect.

5.     Defects covered by the guarantee, disclosed during the guarantee period, shall be repaired free of charge within a period not exceeding 3 months from the date of acceptance of the device for repair at the service center.

6.     The condition for recognition of a claim during the guarantee period is to deliver the complete equipment to the service with a properly completed guarantee card, a copy of the sales receipt, a description of the defect, the return address for shipment and a telephone number.

7.     The guarantee does not cover damage caused by improper use, repair by unauthorized persons, mechanical damage that did not arise through the fault of the manufacturer, or distributor, in particular, by failure to comply with the maintenance rules indicated in the instructions or the use of inappropriate cleaning and maintenance products for this purpose, and when parts are subject to natural wear.

8.     In the event that the defect in the device, is not removable, the guarantor will inform the Purchaser in writing and return the paid remuneration.

9.     The guarantor reserves the right to charge the guarantee holder with the cost of service and transportation when the damage is not covered by the guarantee.

10.  The Guarantor is not responsible for any damage to the product during transportation.

§ 10 Withdrawal from the Sales Contract

1.

The Client, being a Consumer, who has entered into a Sales Contract, may withdraw from it within 14 days without giving any reason.

2.

The period for withdrawal from the Sales Contract begins from the moment the Client takes possession of the Goods.

The Client may withdraw from the Sales Contract by submitting a statement of withdrawal to the Seller via the form made available on the website at: Electronic Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiration. The Seller shall immediately confirm to the Client receipt of the form submitted via the website.

3.

In the event of withdrawal from the Sales Contract, it is considered not concluded.

4.

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

5.

The Seller is obliged to return all payments made by the Client immediately, no later than within 14 days from the date of receipt of the Client's statement of withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments received from the Client until it receives back the Goods.

6.

If the Client exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Client for the additional costs incurred by the Client.

7.

The Client is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline it is sufficient to return the Goods to the Seller's address before the expiration of this period.

8.

In the event of withdrawal, the Client bears only the direct costs of returning the Goods.

9.

The Client is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

10.

The Seller refunds the payment using the same payment method used by the Client. In the event of cancellation of an order made via online payments, the Client is obliged to pay the seller a fee of 2% of the order.

11.  If the Client withdraws from the Sales Contract for a product marked as pre-order or backorder, the Client is charged a fee of 10% of the order value.

12.  If the Client withdraws from the contract, the Client is obliged to pay to the Seller all stamp and customs costs that arose during the execution of the order.

§ 11 Free services

1.

Seller provides to customers, by electronic means, free of charge services:

a)

Maintaining the Client’s Account.

2.

The services indicated in §11.1 above are provided 7 days a week, 24 hours a day.

3.

The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Client in the manner appropriate for changing the Terms and Conditions.

4.

The Client's Account Service is available after registration according to the rules described in the Terms and Conditions and consists in providing the Client with a dedicated panel within the Store's Website, allowing the Client to modify the data he/she provided during Registration, as well as to track the status of orders, as well as the history of orders already completed.

5.

The Client who has made a Registration may submit a request for deletion of a Client’s Account to the Seller, however, in case of a request for deletion of a Client’s Account by the Seller, it may be deleted up to 14 days after the request.

6.

The Seller is entitled to block access to the Client's Account and free services, in the event of the Client acting to the detriment of the Seller or other Clients, the Client's violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client's Account and free services is justified for security reasons - in particular: the Client's breaking the security of the Store's Website or other hacking activities. The blocking of access to the Client's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to the Client's Account and free services. The Seller shall notify the Client of the blocking of access to the Client's Account and free services by e-mail to the address provided by the Client in the registration form.

§ 12 Data protection

1.

The administrator of the Client's personal data provided to the Seller voluntarily within the framework of Registration, placing a one-time order and within the framework of the Seller's provision of electronic services or within the framework of other circumstances specified in the Terms and Conditions, is the Seller.

2.

The Seller processes the Client's personal data for the purpose of processing orders, providing electronic services by the Seller and other purposes specified in the Terms and Conditions. The data is processed only on the basis of the provisions of the law or consent expressed by the Client.

3.

The collection of personal data provided to the Seller is reported by the Seller to the General Inspector of Personal Data Protection.

4.

Personal data provided to the Seller is given to the Seller voluntarily, with the proviso, however, that failure to provide the data specified in the Terms and Conditions during the Registration process makes it impossible to register and set up a Client’s Account and prevents the placement and processing of the Client’s order, in the case of placing an order without Client’s Account Registration.

5.

Anyone who submits their personal data to the Seller has the right to access and correct it.

6.

The Seller provides the possibility to remove personal data from the maintained collection, in particular in the case of deletion of the Client's Account. The Seller may refuse to remove personal data if the Client has not paid all amounts due to the Seller or has violated applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the Client's responsibility.

7.

The Seller protects the personal data provided to it and makes every effort to protect it from unauthorized access or use.

8.

The Seller transfers the Client's personal data to the Supplier to the extent necessary for the Delivery.

9.

If the Client chooses to pay via PayU, PayPal, Przelewy24, iMoje systems, his/her personal data are transferred to the extent necessary for the payment to be processed:

a)  full name or company name and address,

b) e-mail address,

c) telephone number,

d) IP address,

e) order number and amount to be paid.

§ 13 Termination of the contract (not applicable to Sales Contracts)

1.

Both the Client and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.

2.

The Client who has made a Registration terminates the contract for the provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to become acquainted with the Client's statement of intent.

3.

The Seller shall terminate the contract for the provision of electronic services by sending to the Client an appropriate statement of intent to the e-mail address provided by the Client during Registration.

§ 14 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 Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Client who is an Entrepreneur.

2.

The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Store's Website.

3.

If a dispute arises on the basis of the concluded Sales Contract, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.

4.

Any Client may use out-of-court means of handling complaints and claims. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts.

5.

The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions that were in effect on the day the Client placed the order. The change to the Terms and Conditions shall come into effect within 7 days of publication on the Store's Website. The Seller will inform the Client 7 days prior to the effective date of the new Terms and Conditions about the change in the Terms and Conditions by means of a message sent via e-mail containing a link to the text of the amended Terms and Conditions. If the Client does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller, which results in termination of the contract in accordance with the provisions of §13.