Terms and conditions

§ 1. INTRODUCTORY PROVISIONS

The Service Provider and Seller of the Online Shop at https://noyopharm.com/ is:
Noyo Pharm Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Marywilska 60 lok. 24, 03-042 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0001008012, NIP number: 5242957810 and REGON number: 523922660, registration files kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register.
Acceptance of these Terms and Conditions is voluntary, but is necessary to create an Account and/or conclude a Contract and place an Order via the Online Shop.
The seller sells and pre-sells food supplements which, in the light of legal regulations including the Food and Nutrition Safety Act (Journal of Laws 2006 No. 171, item 1225, as amended), are not medicinal products, and foodstuffs in the form of: liquids, capsules, dragees, tablets, sachets with powder and other similar forms. Their purpose is solely to supplement the Customer's diet with minerals, vitamins or other substances with a nutritional or other physiological effect. Dietary supplements sold by the Seller do not replace medicinal products prescribed to the Customer by a doctor.
Definitions:
1. Working day – a day from Monday to Friday, excluding public holidays.
2. Order Form – an electronic service, an interactive form available in the domain of the online shop https://noyopharm.com/ enabling the placement of an order, in particular by adding products to the electronic shopping cart and specifying the terms of the sales contract, including the method of delivery and payment.
3. Customer – the Party to the sales contract concluded with the Seller, including: Consumer, entrepreneur, legal person or organisational unit without legal personality, which the law grants legal capacity, which has concluded or intends to conclude a Contract with the Seller or which uses or intends to use the Electronic Service.
4. Consumer – a Customer who is a natural person and enters into a legal transaction with the Seller that is not directly related to their business or professional activity. For the purposes of these Terms and Conditions, Consumers shall also be understood as natural persons concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity.
5. Online Shop – the online shop available at the internet address https://noyopharm.com/ .
6. Product – a movable item or Nutritional Consultation available in the Online Shop, which is the subject of the Contract between the Customer and the Seller.
7. Order processing time – the number of working days in which the Seller will complete the Order placed by the Customer, entrust the ordered Product to the carrier and deliver the ordered Product via the carrier to the place indicated by the Customer in the Order Form.
8. Order – a declaration of will of the Customer expressing the direct will to conclude a remote Contract submitted using means of remote communication, specifying the Product for which the Customer submits an offer to conclude a Contract and the Customer's data necessary for the possible conclusion and performance of the Contract to the extent indicated in the Order Form (method of payment, method of delivery of the Product, place of delivery of the Product and Customer data).
9. Civil Code - the Civil Code Act of 23 April 1964 (i.e. on 10 May 2018, Journal of Laws of 2018, item 1025, as amended).
10. Regulations - these Online Shop regulations.
11. Seller – Noyo Pharm Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Marywilska 60 lok. 24, 03-042 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001008012, with NIP number: 5242957810 and REGON number: 523922660, registration files kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register.
12. Electronic Service – a service provided electronically by the Seller to the Customer via the Online Shop.
13. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
14. Contract – a contract concerning the sale of a Product concluded in Polish between the Customer and the Seller.
15. Basket – a virtual tool that allows the Customer to aggregate selected Products before purchasing them and to calculate their value. When selecting Products, the Customer can freely manage the contents of the Basket by adding or removing Products from it.
16. Promotion – a time-limited discount on selected Products offered by the Seller and which may be the subject of a Contract between the Customer and the Seller.
17. Proof of purchase – a fiscal receipt, VAT invoice or other proof, provided to the Customer at their request, confirming the sale of the Product.
18. Newsletter – an electronically provided service which the Customer can order/subscribe to via the Website – an electronic distribution service provided by the Seller via email, which enables all Service Users who use it to automatically receive from the Seller cyclical electronic content containing information about the Seller, Products, services provided by entities affiliated with the Seller, new products and promotions in the Online Shop.
19. Account – an Electronic Service in which the Seller enables the Customer to set up an Account with an individual name (login) and password, which requires the Customer to fill in a Form. Within the Account, it is possible to collect information about Orders placed through it, edit Customer data, marketing consents granted and view the Order history.
20. Review – content added by the Customer in response to the Seller's request to express an opinion about the Product after purchasing the Product.
Use of the Online Shop requires that the end devices and communication system used by the Customer meet the following minimum technical requirements:
1. having a computer or other device with Internet access;
2. having a selected web browser in the proposed version or a newer one with Java Script, cookie files and Local Storage technology enabled: Google Chrome 61, Mozilla Firefox 60, Microsoft Edge 16, Opera 48;
3. have an active email account;
The Seller shall take technical and organisational measures appropriate to the degree of risk, in particular measures to prevent the acquisition and modification by unauthorised persons of personal data sent via the Internet - in order to ensure the security of messages and data provided in the Order Form. The Seller ensures the security of data transmission via the Order Form by using the SSL (Secure Socket Layer) protocol.
The Customer using the Online Shop is obliged to:
1. use the Electronic Services in a manner consistent with applicable law and the provisions of these Terms and Conditions;
2. not to deliver or transmit illegal content;
3. to use the Electronic Services in a way that does not interfere with their functioning;
4. to use any content posted in the Online Shop and Newsletter only for personal use.
The seller ensures the protection of transmitted digital content and data through the use of technical and organisational measures to protect them from unauthorised access (e.g. SSL encryption, access passwords, anti-virus software). However, the Seller points out that the use of the Internet and services provided electronically carries the risk of malware entering the Customer's ICT system and device or unauthorised access to the Customer's data by third parties. In order to minimise these risks, the Customer is obliged to use appropriate technical safeguards, such as using up-to-date software versions, using strong and unique passwords, and using anti-virus software.
Acceptance of the Terms and Conditions is voluntary, but necessary in order to conclude the Contract.
The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer, who is also a Consumer, to which they are entitled under mandatory legal provisions. In the event of any inconsistencies between the provisions of the Terms and Conditions and the above provisions, the provisions of generally applicable law shall prevail.
All photos of Products and other materials (including texts, graphics, logos) posted in the Online Shop, Order Form, Newsletter are the property of the Seller or have been used by him with the consent of third parties who hold copyrights or intellectual property rights to them. It is prohibited to copy photos and other graphic materials or to reprint texts published in the Online Shop, Order Form or Newsletter, including making them available on the Internet, without the written consent of the Seller or another third party holding the rights thereto.
It is forbidden to download photos from the Online Shop and Newsletters and to use them for marketing and commercial purposes. The use of the aforementioned materials without the written consent of the Seller or another third party who holds the copyright or intellectual property rights is illegal and may constitute grounds for initiating civil and criminal proceedings against the perpetrator.

§ 2. ELECTRONIC SERVICES

The services provided by the Seller electronically via the Online Shop consist of:
1. presenting the Products;
2. enabling the conclusion of a Sales Agreement via the Order Form.
3. Account,
4. Newsletter;
5. Reviews.
The use of the account is possible after:
1. the Customer filling in the form with the data to create an Account,
2. clicking the ‘Create an account’ field;
3. confirming the intention to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address.
4. In the registration form, the service recipient must provide the following information: first name and surname, address (street, flat/house number, postcode, town), email address, contact telephone number and password.
The Account Service is provided free of charge for an indefinite period. The Customer has the option to delete the Account at any time and without giving any reason (cancelling the Account) by sending a corresponding request in writing or electronically [email protected] or by using the delete account option available in the Account. Deleting a customer account does not revoke marketing consents (sent by email or SMS/MMS/phone).
When using the account service, the customer should follow these security recommendations:
1. The password should be memorised and not written down. The password should consist of at least one capital letter, at least one lower case letter and at least one number or special character. The minimum acceptable password length is 8 characters.
2. It is absolutely forbidden to disclose passwords to third parties.
3. In the event that a third party gains unauthorised access to a password, the password must be changed immediately and the Seller must be informed.
4. If the password is forgotten or lost, the password change procedure must be carried out immediately. The password can only be changed at the request of the authorised Customer - the Account owner, after confirming his identity.
5. When entering a password, the Customer should make sure that it cannot be guessed by third parties.
6. When finishing or interrupting work with the Account, it is absolutely necessary to log out. This applies in particular when the Customer moves away from the computer on which he/she was working.
7. Computers and other devices used to log in to the Account should be protected with solutions that provide protection against malware and external attacks.
The Newsletter can be used by:
1. providing an e-mail address to which the electronic messages (Newsletter) will be sent;
2. clicking the ‘Subscribe’ button in the form visible on the Online Shop website
The Newsletter can also be subscribed to by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is subscribed to the Newsletter.
The newsletter service is provided free of charge for an indefinite period. The customer has the option to unsubscribe from the newsletter at any time and without giving a reason by:
1. clicking on the unsubscribe link in each newsletter message or
2. using the appropriate option in the account service, or
3. by sending a relevant request in writing or electronically to the email address: [email protected] .
The Order Form enables the conclusion of a Contract by adding a Product to the Basket and filling in the data in the Order Form in accordance with § 4 of the Terms and Conditions. In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, flat/house number, postcode, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of non-consumer customers, it is also necessary to provide the company name and tax identification number if a VAT invoice is to be attached to the Order.
The Order Form service is provided free of charge and enables the conclusion of a Sales Contract without the need to create an Account. It is a one-off service and ends when an Order is placed through it or when an Order is no longer placed through it.
The Customer may submit any complaints related to the provision of electronic Services by the Seller and other complaints related to the functioning of the Online Shop, as well as reports regarding violations of the Terms and Conditions, in electronic form via email to the following address: [email protected]. It is recommended that the Customer include the following information in the complaint: information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity, the Customer's request and the contact details of the person submitting the complaint (name, surname and correspondence address) - this will facilitate and speed up the processing of the complaint by the Seller. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
Complaints referred to in paragraph 8 of this section will be considered by the Seller immediately, no later than within 14 calendar days from the date of its receipt. The response to the complaint will be sent to the address provided by the person submitting the complaint. If the data or information provided in the complaint needs to be supplemented, the Seller will ask the Customer to supplement the complaint to the extent indicated before considering the complaint.
The customer can add a review after purchasing the product in response to a request sent to the customer's email address by the seller to express an opinion about the product using the appropriate form available in the online shop.
It is not necessary to have a customer account to add a review. Registration and/or login are not required.
The customer may not include any internet references to other websites (links) or source code fragments in the content of the review.
Each review, question for review and answer to a question for review added by the customer is marked exclusively with the name; the customer may optionally include information about their age.
The review may not contain:
1. links, website addresses, references to other websites;
2. content commonly used as offensive, including profanity, obscene, pornographic content or content inciting hatred, racism, xenophobia and conflicts between nations;
3. content of a commercial or advertising nature;
4. personal data, including other natural persons, in particular: name and surname, place of residence, telephone number or e-mail address;
5. false content, slander, content constituting a violation of personal rights, undermining the good name and reputation of the Seller, the Opinion may not violate applicable law, including the rights of third parties - in particular, it may not be defamatory, violate personal rights or constitute an act of unfair competition or violate good morals or offend religious feelings;
6. content constituting the result of an agreement with other Users or Contractors in order to mutually influence the credibility of the Seller.
The seller may publish selected reviews in the online shop, subject to archiving or deleting the oldest or selected reviews in cases of website layout changes, product descriptions, product changes, rebranding and others that will indicate that the review is out of date in relation to the product presented.
The review may be published on the Seller's website and when presenting the Product on other websites, in social media, as well as in marketing communications related to the Product to which the Review relates or to the Seller's promotions.
Under the rules of applicable law, the Seller is authorised to remove statements in whole or in part.
The Seller reserves the right to remove the statement in whole or in part or to edit it to the extent necessary if the Review: is another review relating to the Product, refers to a Product other than the one purchased by the Customer, is a copied review of another user, or infringes copyright.
Before publishing an opinion, the seller may verify that it does not violate the provisions of paragraphs 16 or 20 above, as well as checking for punctuation and spelling errors. If the Seller realises that spelling or punctuation mistakes or parts of the review that violate the provisions of sections 16 or 20 above need to be removed, they shall inform the Customer by sending them the proposed content of the review after these deficiencies have been removed, for publication. The Customer may disagree with the publication of the proposed review after the change.

§ 3. RULES FOR USING THE ONLINE STORE

The Customer is obliged in particular to:
1. use the Online Shop in a manner consistent with the law, the Terms and Conditions, the principles of social coexistence, good manners, respecting the personal rights and copyrights and intellectual property of the Seller and third parties;
2. entering data that is true, not misleading or infringing the rights of third parties;
3. to use the services and functionalities provided by the Seller in a way that does not disrupt the functioning of the Seller and the Online Shop;
4. to use any content posted on the Online Shop for personal use only.
The seller informs that it is unacceptable for the customer to take actions that could destabilise or disrupt the operation of the online shop or hinder access to the seller's online shop or other customers, as well as for the customer to take actions such as posting or sending unsolicited commercial information through the online shop.
In the event that the Customer violates the law, the provisions of the Terms and Conditions or the Privacy Policy, or in the event that the Customer's behaviour hinders the work of the Online Shop or is a nuisance to other Customers, the Seller has the right to deprive the Customer of the right to use the Online Shop or to restrict the Customer's access to certain functionalities of the Online Shop.
The Online Shop may organise Promotions on selected Products. The rules of the promotion are decided by the Seller and published on the Online Shop website.
The Seller's announcements, advertisements, price lists and other information about the Products, provided on the websites of the Online Shop, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

§ 4. RULES FOR CONCLUDING A CONTRACT

The Customer may place an Order and then conclude a Contract by:
1. placing an Order via the Order Form on the Online Shop website;
2. placing an Order via the Account service [partially completed Customer data] by filling in the Order Form to the extent necessary to finalise the Order.
All Products available in the Online Shop are original, brand new and in accordance with generally applicable law.
Orders referred to in paragraph 1 of this section can be placed 7 days a week, 24 hours a day.
Orders placed on weekdays after 3 p.m., on Saturdays and Sundays, and on public holidays will be processed on the next working day.
The customer is prohibited from reselling the purchased products through the www.noyopharm.com online shop without first contacting the Seller.
In order to successfully place an Order in the manner referred to in paragraph 1(a) of this section, it is necessary to:
1. add the Product to the Shopping Cart,
2. correctly fill in the Order Form available on the Online Shop website, containing the data necessary for shipping the Product,
3. choose the method of payment and delivery
4. accepting the provisions of the Terms and Conditions and the Privacy Policy and pressing the ‘Order’ button.
In order to effectively place an Order, as referred to in paragraph 1(b) of this paragraph, it is necessary to
1. add the Product to the Shopping Cart,
2. log in to the Account,
3. the Customer correctly filling in the Order Form available on the Online Shop website,
4. choosing the payment method and delivery method,
5. accepting the provisions of the Terms and Conditions and Privacy Policy,
6. and pressing the ‘Order’ button.
Correct completion by the Customer of the Order Form available on the Online Shop website containing the Product shipping details,
1. choosing a payment method,
2. accepting the Terms and Conditions and pressing the ‘Order’ button.
When placing an Order, until the ‘Order’ button is pressed, or until the Seller confirms that the Order placed by the Customer has been completed, the Customer has the option to modify the entered data and change the Product selection. To do so, the Customer should follow the messages displayed to them and the information available on the Seller's website.
After placing an Order, the Seller shall immediately confirm the Order placement by the Customer. The Seller shall confirm the Order placement by sending an email to the Customer containing a confirmation of all relevant elements of the Order to the address provided by the Customer. The email shall constitute a confirmation of the conclusion of the Contract between the Seller and the Customer.
After placing an Order, the Seller may consult with the Customer by phone to confirm the order, change the order or resolve an issue related to the order. All calls with our consultants are recorded for security purposes.
The Contract is considered to be concluded at the moment the Client receives an email confirming all the essential elements of the Contract of Sale in accordance with paragraph 8 above.
The time needed to complete the Order (completing the Order and preparing it for shipment) together with delivery is from 1 to 7 working days and is calculated as follows:
1. if the Customer chooses cash on delivery – from the date of conclusion of the Sales Contract;
2. if the Customer chooses electronic payment – from the date the payment is credited to the Seller's bank account in full.
The Customer may make changes to the Order or cancel it until the Order has been confirmed by the Seller.
If the Products ordered by the Customer are not available, the Seller shall inform the Online Shop or the Customer who placed the Order for the Product. In such a situation, the Customer may agree to extend the Order processing time or cancel the ordered Product or the entire Order.
An essential element of the Order placement procedure is that the Customer reads and accepts these Terms and Conditions and the Privacy Policy, which the Customer confirms by ticking the appropriate box before finalising the Order. If the Customer does not accept these Terms and Conditions or the Privacy Policy during the Order placement procedure, they will not be able to purchase the Product via the Online Shop.
As part of the Order placement procedure, the Customer is also required to provide their personal data indicated in the Order form as mandatory and to read the Information clause on the processing of personal data available in the Privacy Policy. Providing personal data marked as obligatory is voluntary, but necessary to place an Order. Providing personal data not marked as obligatory is voluntary and not necessary to place an Order.
Information about the total value of the Order, which includes the price of the Product, taxes, delivery costs, is always provided on the Order Form website during the Order placement process and then in the Order confirmation. Before finalising the Order, the total costs that the Customer is obliged to pay, including taxes and Product delivery costs, are displayed.
During the Order placement procedure, until the ‘Order’ button is clicked, the Customer may modify the Order in the Basket, in particular with regard to the choice of Product, the area and method of delivery of the Product, the method of payment and the data provided in the Order Form.
An order is placed by the Customer clicking the ‘Order’ button. An order placed by clicking on the Order now button entails an obligation to pay.
A Customer who has chosen to pay in advance when placing an order should pay the price and the costs of delivery of the Product within 7 days of receiving an email from the Seller confirming receipt of the order and acceptance of the order for processing. If the Customer does not make the payment within 7 days from the date of the Order confirmation, the Seller will request the Customer to make the payment. If the full payment is not made within the time limit specified in the request, the Seller has the right to cancel the Order and inform the Customer via email or telephone.
A Customer who has chosen to pay on delivery when placing an Order is obliged to make the payment upon receiving the parcel containing the ordered Product. The ownership of the subject of the Order is transferred to the Customer upon payment.
The provision of Electronic Services by the Seller is free of charge.

§ 5. PRODUCT PRICES

The prices of the Products presented on the website of the Order Form are given in Polish zlotys and are gross prices, i.e. they include taxes, including the goods and services tax (VAT).
The prices of the Products given in the Online Shop do not include the costs of delivery of the Product. The delivery costs for the ordered Product are always displayed in the Order Form during the placement of the Order, including directly before and at the moment of confirmation and placement of the Order by the Customer, and are included in the total value of the Order. The total value of the Order includes the price of the Product and the delivery costs. The Customer is informed of the total amount of the Order including delivery costs each time before placing the Order and in the email confirming the Order.
Information about the price of the Product, its features and essential characteristics is available in the description of the Products in the Online Shop and is displayed with the Product.
The Product prices stated on the Order Form websites are only valid when placing Orders via the Order Form and may include promotional offers or additional discounts updated after entering the discount code.
If the Customer wishes to receive a VAT invoice, they are obliged to indicate their tax identification number in the Order Form. If the Customer requests a VAT invoice, it will be sent to the e-mail address provided by the Customer.

§ 6. METHODS OF PAYMENT FOR THE ORDERED PRODUCT AND PAYMENT FOR THE DELIVERY OF THE ORDERED PRODUCT

The current payment methods available are specified in the Online Shop under the tab ‘Payment methods’ and on the subpage of each Product, including when the Customer expresses their will to be bound by the Contract of Sale. The available payment methods may depend on the delivery method or Product selected by the Customer.
The online payment service provider for fast transfers is Blue Media S.A. and PayPro S.A.
Available payment methods: fast online payments, payment cards, traditional bank transfer, cash on delivery.

Payment cards:

* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro
The order will be processed once the Online Shop receives confirmation that the payment has been successfully completed by the payment provider.
The warranty period is 2 years.
Complaints - The customer can file a complaint regarding the payment. Complaints are handled in accordance with the payment providers' policies.
Discount codes have a validity period during which the Customer can take advantage of the offered discount. The discount code cannot be combined with any other discount code or other promotions, unless the terms and conditions of a given promotion state otherwise.
If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon receipt of the parcel. Refusal to accept the Product, despite the setting of an additional appropriate deadline, is a condition that terminates the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not affect his right to withdraw from the contract.

§ 7. DELIVERY

Delivery is made by courier to the address indicated by the Customer when placing the Order. The Seller undertakes to deliver Products free from defects to the Customer.
Delivery is available in the territory of the Republic of Poland and to selected countries indicated in the ‘Delivery’ tab in the Shop. Available delivery methods may depend on the method of payment or Product selected by the Customer.
Delivery of the Product to the Customer is subject to a fee, unless the Terms and Conditions of Promotions or the Contract of Sale state otherwise. The currently available methods and costs of delivery of the Product are indicated to the Customer in the ‘Delivery’ tab in the Shop and each time in the Shopping Cart, including when the Customer expresses their will to be bound by the Contract of Sale.
The time the Customer has to wait for the Product to be delivered (delivery time) consists of the time the Order is prepared for shipping and the time the Product is delivered by the carrier.
The delivery time for the Product to be delivered to the Customer is up to 14 Working Days, unless a shorter time is specified in the description of a given Product or when placing an Order.
The time needed for the Seller to prepare the Order for shipping is always displayed on the subpage of a given Product and is counted from the day (start of the delivery period):
1. the Seller's bank account or settlement account is credited - if the Customer selects bank transfer, electronic payment or payment card as the payment method;
2. conclusion of the Contract of Sale – if the Customer chooses the cash on delivery method of payment.
The time of delivery of the Product by the carrier should be added to the time specified in point 6. This depends on the delivery method chosen by the Customer and is always presented in the Delivery methods and costs tab in the Online Shop.

§ 8. RIGHT OF WITHDRAWAL

In accordance with Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended), a Consumer, as well as natural persons concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional nature for this person,
resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity, may withdraw from this contract within 14 days without giving any reason and without incurring costs, except for the costs specified in point 7 and point 8 below.
The period for withdrawal begins:
1. for a contract under which the Seller hands over the Product and is obliged to transfer its ownership (e.g. sales contract) – from the moment the Consumer or the entity indicated in paragraph 1 or a third party indicated by them, other than the carrier, takes possession of the Product, and in the case of a contract which includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product,
2. for other contracts - from the date of conclusion of the contract.
The consumer or the entity indicated in paragraph 1 may withdraw from the contract by informing the Seller of their decision to withdraw from the contract by an unequivocal statement, for example by sending an email to: [email protected].
To meet the deadline for withdrawal, it is sufficient to send the information regarding the exercise of the right of withdrawal before the withdrawal period expires.
In the event of withdrawal from a distance contract, the contract is considered void. If the Customer who is a Consumer or the entity indicated in paragraph 1 submitted a declaration of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
In the event of withdrawal from the contract, the Consumer or the entity indicated in paragraph 1 is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which the Consumer informed the Seller about the withdrawal from the contract. To meet the deadline, it is sufficient if the Product is sent back before the end of the 14-day period to the following address:
DTW Logistic Group - returns department
Noyo Pharm
Sochaczewska 98C
05-870 Błonie
The consumer is obliged to bear the direct costs of returning the product [packaging costs, postage fee for returning the shipment].
In the event of withdrawal from the contract, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's or the entity indicated in paragraph 1 statement of withdrawal from the contract, refund all payments received from them.
The refund will be made by the Seller using the same payment method as the Consumer or the entity indicated in paragraph 1, unless the entity has expressly agreed to a different method of refund.
The Seller may withhold the reimbursement of payments received from the Customer until the Product is received back or until the Consumer or the entity indicated in section 1 provides proof of sending the Product back, depending on which event occurs first.
The customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
According to Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 68, as amended), the right to withdraw from a distance contract is not granted to the Consumer or the entity indicated in paragraph 1 with regard to contracts:
1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that he/she would lose the right to withdraw from the contract after the service had been provided by the entrepreneur;
2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
3. in which the subject of the service is an item that spoils quickly or has a short shelf life;
4. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
5. in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items.
6. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the service began that he would lose the right to withdraw from the contract after the entrepreneur's performance;
7. the supply of digital content which is not recorded on a tangible medium, if the performance began with the consumer's express consent before the end of the period of withdrawal and after the trader has informed the consumer of the loss of the right to withdraw from the contract.

§ 9. COMPLAINT PROCEDURE

The seller is obliged to deliver the product to the customer free of physical and legal defects. The seller is liable to the customer for product defects according to the regulations of the law of 23 April 1964.
Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended), in particular in Art. 556 et seq. of the Civil Code.
The Customer may submit a complaint electronically to the following e-mail address: [email protected]
It is advisable that the complaint includes, in particular: full name, correspondence address, e-mail address to which the response to the complaint should be sent if the Customer wishes to receive a response to the complaint via e-mail, date of purchase of the Product, type of Product being complained about, exact description of the defect and the date on which it was discovered, Customer's request,
and the preferred method of communication for the complaint resolution. The Seller must provide proof of purchase of the Product together with the complaint. This can be, for example, a copy of the receipt or invoice, a printout of the payment card or other evidence.
The above content regarding the complaint is only an example, which the Customer does not have to use, and does not affect the effectiveness of complaints made without the recommended complaint description.
A Customer who exercises their warranty rights is obliged to deliver the defective Product to DTW Logistic Group - returns department at the Seller's expense
Noyo Pharm
Sochaczewska 98C
05-870 Błonie
The Seller will consider and respond to the complaint immediately, no later than within 14 days from the date of submission of the complaint. The Customer will be informed about the method of considering the complaint in accordance with the data indicated in the complaint.
A complaint concerning services provided electronically should include, in particular: a description of the matter to which the complaint relates, the e-mail address provided in the Order Form and the e-mail address or mailing address to which the response to the complaint is to be sent,
if the customer wishes to receive a response to the complaint by post or email to an address that is different from the email address provided during the registration of the customer account or in the order form, as well as the customer's preferred method of being informed about the outcome of the complaint.
The above content regarding the complaint is only an example, which the Customer does not have to use, and does not affect the effectiveness of complaints made without the recommended description of the complaint. The complaint will be processed and a response regarding the method of its processing will be provided promptly, no later than within 14 days from the date of submission of the complaint.
The Client will be informed about the method of complaint processing according to the data indicated in the complaint.
In case of any deficiencies in the submitted complaint, the Seller will ask the Client to supplement them according to the address data indicated in the complaint.

§ 10. NON-JUDICIAL METHODS OF DEALING WITH COMPLAINTS AND INVESTIGATING CLAIMS

Detailed information on non-judicial methods of dealing with complaints and investigating claims, as well as the rules of access to these procedures, are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen,
social organisations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, https://uokik.
gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, www.uokik.gov.pl/wazne_adresy.php, www. uokik.gov.pl/sprawy indywidualne.php.
A customer with the status of a Consumer or an entity indicated in § 8 section 1 may obtain free assistance in resolving an individual dispute between the Consumer and the Seller by using the free legal assistance of a municipal or district consumer ombudsman or a social organisation whose statutory tasks include consumer protection, such as the Federation of Consumers – website address: www.federacjakonsumentow.org.pl.
The Network of European Consumer Centres also helps to resolve individual disputes and consumer complaints related to cross-border transactions. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
A customer who is a consumer or the entity specified in § 8 (1) has the following options for out-of-court dispute resolution:
1. to apply to the provincial inspector of the Trade Inspection Authority to initiate proceedings for an out-of-court settlement of the dispute between the Consumer or the entity indicated in § 8 section 1 and the Seller by enabling the parties to reconcile their positions in order to resolve the dispute by the parties or to present the parties with a proposal to resolve the dispute,
2. is entitled to apply to a permanent arbitration court operating under the provincial inspector of the Trade Inspection for the settlement of a dispute arising from the concluded sales contract.
The Trade Inspectorate is an entity authorised to conduct proceedings in the matter of out-of-court settlement of consumer disputes. The tasks of the Trade Inspectorate in the scope of conducting proceedings in the matter of out-of-court settlement of consumer disputes and organising and conducting permanent arbitration courts are performed by locally competent provincial inspectors of the Trade Inspectorate. A list of all regional inspectors of the Trade Inspection and permanent arbitration courts along with their website addresses can be found on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl/wazne_adresy.php.
A list of institutions dealing with out-of-court settlement of consumer disputes, including information on the type of cases that individual entities deal with, is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The President of the Office of Competition and Consumer Protection also has a contact point for out-of-court consumer dispute resolution and an online consumer dispute resolution system, whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court consumer dispute resolution, in particular in cases of disputes arising from cross-border contracts concluded with consumers.
The consumer or the entity specified in § 8 section 1 may use the online dispute resolution platform (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR platform is intended to facilitate independent, impartial, transparent, effective, swift and fair out-of-court settlement of disputes between consumers and traders regarding contractual obligations arising from online sales or service contracts concluded between consumers residing in the European Union and traders established in the European Union. Below, you will find an electronic link to the ODR platform ec.europa.eu/consumers/odr.
The use of available out-of-court complaint and redress procedures is possible after the complaint procedure has been completed and is voluntary - both parties must agree to the proceedings.
The seller agrees to participate in the out-of-court dispute resolution proceedings with the Consumer or the entity indicated in § 8 section 1.

§11. PERSONAL DATA AND PRIVACY POLICY

The Seller is the administrator of the Customers' personal data, and the detailed rules for the processing of personal data are described in the Privacy Policy.
Information about cookies is available in the Privacy Policy.

§ 12. FINAL PROVISIONS

Contracts concluded via the Order Form or Purchase Form are concluded in Polish.
The Seller shall fulfil all rights of Customers provided for in the regulations of applicable law, in particular those provided for in the Act of 23 April 1964. Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683). The provisions of these Terms and Conditions are not intended to limit or exclude any rights of Customers under the law.
These Terms and Conditions are available free of charge in the Online Shop under the tab ‘Terms and Conditions’. The Terms and Conditions are made available on the Website in a form that enables the retrieval, reproduction and recording of the content of these Terms and Conditions by means of the ICT system used by the Customer.
The content of the Contract concluded via the Online Shop is recorded, secured and made available by sending the legally required information to the Customer's specified e-mail address.
Each Customer will be informed about the content of changes to the Terms and Conditions by a message about the change to the Terms and Conditions, a new version of the Terms and Conditions, as well as by e-mail.
In the event of an amendment to these Terms and Conditions, all Contracts concluded and orders placed before the effective date of the amendment to the Terms and Conditions will be processed in accordance with the Terms and Conditions in force on the date the Contract was concluded and the Order was placed by the Customer.
In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Act of 23 April 1964. Civil Code (consolidated text: Journal of Laws of 2017, item 459, as amended), and in the case of Customers who are Consumers, also the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683).
The Terms and Conditions are available in electronic form at https://noyopharm.com (under the ‘Terms and Conditions’ tab) and are valid in this version from 06.02.2024.