Terms of service

ONLINE SHOP REGULATIONS

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCTS REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM

These Online Shop Regulations were prepared by the lawyers of Prokonsumencki.pl. The Online Shop www.risenomada.com takes care of consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. The provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at the Internet address www.risenomada.com is run by the company RISE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Polish limited liability company) with offices in Sopot, Poland (registered office address: Aleja Niepodległości 665/4, 81-854 Sopot and correspondence address: Króla Jana III 2a/d, 81-547 Gdynia, Poland), registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0001041652; the register court which holds the company's documentation: District Court for the Gdansk – Polnoc in Gdansk, VIII Commercial Department KRS; share capital in amount of: 5000,00 PLN; Tax ID no. NIP: 5851501331, National Economy Register no. REGON 525573979, e-mail address: office@risenomada.com and telephone number: +48 535 817 840.

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a given provision states otherwise.

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) L 277, 27.10.2022, p. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic shopping cart and defining the terms of the Sales Contract, including the method of delivery and the payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

1.4.5. CIVIL CODE – Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 with amendments).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual electronic mail address (e-mail) and verification code provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.

1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

1.4.8. ILLEGAL CONTENT – any information that, in itself or in relation to an activity, including the sale of Products or the provision of services, is not in compliance with European Union law or the law of any EU Member State which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.

1.4.9. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

1.4.10. REGULATIONS – these regulations of the Online Shop.

1.4.11. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.risenomada.com

1.4.12. SELLER, SERVICE PROVIDER – the company RISE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Polish limited liability company) with offices in Sopot, Poland (registered office address: Aleja Niepodległości 665/4, 81-854 Sopot and correspondence address: Króla Jana III 2a/d, 81-547 Gdynia, Poland), registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0001041652; the register court which holds the company's documentation: District Court for the Gdansk – Polnoc in Gdansk, VIII Commercial Department KRS; share capital in amount of: 5000,00 PLN; Tax ID no. NIP: 5851501331, National Economy Register no. REGON 525573979, e-mail address: office@risenomada.com and telephone number: +48 535 817 840.

1.4.13. SALES CONTRACT – the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

1.4.14. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop which is not a Product.

1.4.15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

1.4.16. CONSUMER RIGHTS ACT – Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 with amendments).

1.4.17. ORDER – Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – the use of Account is possible after completing four following steps by the Service Recipient – (1) providing their e-mail address in the signing-in form, (2) clicking the "Continue" field, (3) providing a unique verification code sent automatically to the given e-mail address and (4) clicking the "Submit" field – in this moment the Account is created and the Service Recipient is logged into the Online Shop.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: office@risenomada.com or in writing to the address: Króla Jana III 2a/d, 81-547 Gdynia, Poland.

2.1.2. Order Form – using of the Order Form begins with adding the first Product to the shopping cart by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps – (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the "Pay now" field – up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and last name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), place and method of delivery of the Product(s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

2.1.3. Newsletter – the use of Newsletter takes place after providing the Service Recipient’s e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Shop website and clicking the "Subscribe" field. It is also possible to subscribe the Newsletter by checking the appropriate field while creating an Account or placing an Order – once the Account is created or the Order is placed the provided e-mail address is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: office@risenomada.com or in writing to the address: Króla Jana III 2a/d, 81-547 Gdynia, Poland.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) up-to-date version of Internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimal screen resolution: 1024x768; (5) enabling Cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4. Complaint procedure with regard to the Electronic Services is indicated in item 6 of the Regulations.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

 

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations.

3.2. The Product price or renumeration shown on the Online Shop website is given in Euro (EUR) or other available currency subject to the Service Recipient’s individual settings and includes taxes. The Customer is informed of the total Product price or renumeration, inclusive of taxes, or where the nature of the Product is such that the price cannot reasonably be calculated in advance, the manner in which it is to be calculated, as well as of the delivery costs (including fees for transport, delivery and postal services), and any other applicable costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable – on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2 of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

4.1.1. Payment in cash upon the delivery of the Product.

4.1.2. Payment by transfer to the Seller’s bank account.

4.1.3. The electronic payments, instalments payment and credit card payments via Przelewy24.pl, Stripe.com and Klarna.com services – detailed information on available payment methods are specified on the Online Shop website in the payment methods information tab as well as on the websites: https://www.przelewy24.pl, https://www.stripe.com and https://www.klarna.com.

4.1.3.1. The settlement of transactions by electronic payments, instalments payments and credit card payments are carried out in accordance with the Customer's choice through Przelewy24.pl, Stripe.com or Klarna.com services. The support for electronic payments, instalments payments and credit card payments is provided by:

4.1.3.1.1. Przelewy24.pl – the company PayPro S.A. with registered office in Poznań (address: Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000347935, share capital: 5 476 300,00 PLN, fully paid; NIP 7792369887, REGON 301345068.

4.1.3.1.2. Stripe.com – the company Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland).

4.1.3.1.3. Klarna.com – the company Sofort GmbH (Theresienhöhe 12 80339 Monachium, Germany), registered into the district court of Munich: HRB 218675, VAT UE: DE248376956.

4.2. Payment deadline:

4.2.1. If the Customer chooses payment by bank transfer, electronic payments or payment by credit card, The Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Contract.

4.2.2. If the Customer chooses cash on delivery payment, the Customer is obliged to make the payment upon delivery of the Product.

4.2.3. If the Customer chooses the instalments payment by third-party, the Customer is obliged to make payments to the chosen creditor in accordance with the agreed repayment schedule.

5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT

5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs information tab as well as during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.

5.2. The Seller provides the Customer with the following methods of delivery of the Product:

5.2.1. Postal delivery service, including postal delivery service with cash upon delivery payment.

5.2.2. Courier parcel, including courier parcel with cash upon delivery payment.

5.2.3. Parcel locker shipment.

5.2.4. Pallet shipment service.

5.3. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, cannot exceed 14 Business Days. The beginning of the deadline for the delivery of the Product counts as follows:

5.3.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank or settlement account is credited.

5.3.2. If the Customer chooses cash upon delivery – from the date of conclusion of the Sales Contract.

5.3.3. If the Customer chooses installments payment – from the date the chosen creditor notifies the Seller about concluding a credit agreement with the Customer, but no later than the date the Seller's bank account is credited with the funds from the credit granted to the Customer by third-party.

6. COMPLAINT HANDLING PROCEDURE

6.1. The clause 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s running of the Online Shop.

6.2. A complaint can be submitted, for example:

6.2.1. in writing to the following address:
Króla Jana III 2a/d, 81-547 Gdynia, Poland;

6.2.2. in electronic form via e-mail to the following address: office@risenomada.com.

6.3. The Product may be sent or returned under the complaint to the following address:
Króla Jana III 2a/d, 81-547 Gdynia, Poland.

6.4. It is recommended to provide in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularities or lack of conformity with the contract; (2) the request to bring the Product into conformity with the contract or a statement of price reduction or withdrawal from the Sales Contract, or other claim and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

6.5. In the event of a change in the contact details provided by the complainant during the complaint consideration, they are obliged to notify the Seller about it.

6.6. The complaint may be accompanied by evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if it facilitates and speeds up the consideration of the complaint by the Seller.

6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller's liability are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act and the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended). The following additional information is indicated regarding the Seller's liability, as provided by law, for the Product's conformity with the Sales Contract:

6.8.1. Detailed provisions regarding the complaint of the Product purchased by the Customer under the Sales Contract concluded with the Seller until December 31, 2022, are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product without defects to the Customer. Pursuant to Art. 558 § 1 of the Civil Code,

the Seller's liability under warranty for the Product purchased according to the preceding sentence to the Customer who is not a consumer shall be excluded.

6.8.2. Detailed provisions regarding the complaint of the Product purchased by the Customer under the Sales Contract concluded with the Seller from January 1, 2023, are defined by the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of lack of conformity of the Product with the Sales Contract.

6.9. In addition to statutory liability, a commercial guarantee may be provided for the Product - this is a contractual liability (additional) and can be exercised when the Product in question is under guarantee. The guarantee may be provided by the third party (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including details of the guarantor responsible for the implementation of the guarantee and the party entitled to make use of it are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the event of the lack of conformity of the Product with the contract Customer is entitled by law to remedies from the Seller free of charge, and that the guarantee has no affect on these remedies.

6.10. The provisions regarding a consumer contained in the point 6.8.2 of the Regulations shall apply also to the Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without court involvement include (1) allowing the parties' positions to be brought closer together, such as through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and impose a solution on the parties, such as through arbitration. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims, the rules of access to these procedures as well as user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. At the Office of the President of Competition and Consumer Protection there is a contact point, whose task, among others, is the provision of information for the consumers in matters relating to the extrajudicial solving of consumer disputes. The consumer can contact this point: (1) via telephone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at the address: 1 Powstańców Warszawy Square in Warsaw (00-030).

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court; (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection; or (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. The consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.9 of the Regulations. To meet the deadline, it is required to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

8.1.1. in writing to the address: Króla Jana III 2a/d, 81-547 Gdynia, Poland;

8.1.2. in electronic form via e-mail to the following address: office@risenomada.com.

8.2. The return of the Product as part of withdrawal from the contract shall be made to the following address: Króla Jana III 2a/d, 81-547 Gdynia, Poland.

8.3. An exemplary template of withdrawal form is included in Enclosure no. 2 to the Consumer Rights Act and is additionally available in point. 13 of the Regulations. The consumer can use the template form, but it is not obligatory.

8.4. The deadline for withdrawal from the contract begins:

8.4.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership – from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

8.4.2. for other contracts – from the date of contract conclusion.

8.5. In the event of withdrawal from a distant contract, the contract is considered null and void.

8.6. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, including the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller does not offer to reclaim the Product from the consumer, the Seller may withhold the reimbursement of payments received from the consumer until the receipt of the Product or delivery of documented proof of a return delivery by the consumer, whichever occurs first.

8.7. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires.

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

8.9. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:

8.9.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.

8.9.2. The consumer bears the direct costs of returning the Product.

8.9.3. In the case of a Product being a service which performance – at the explicit request of the consumer – started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.10. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:

8.10.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who has been informed before the performance of the service that he will lose his right of withdrawal once the contract has been fully performed by the Seller, and acknowledged that; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (5) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the performance of the service started before the deadline to withdraw from the contract with the consumer's express consent after being informed by the Seller about the loss of the right to withdraw from the contract and after acknowledging that, and if the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.11. The provisions regarding a consumer contained in this section 8 of the Regulations shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Service Recipient or Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section 9 of the Regulations and all provisions whatsoever contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer. In addition, from January 1 2021 and for contracts concluded from that date onwards, this section of the Regulations and all provisions contained therein are not addressed to, and thus do not bind, the Customer or the Service Recipient who is a natural person concluding a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity the run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG), unless the application of the provisions contained in this section of the Regulations to such person is not forbidden by applicable laws.

9.2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Seller.

9.3. The Seller's liability under the legal warranty for the Product or lack of conformity of the Product with the Sales Contract shall be excluded.

9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.5. The Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.

9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.

9.7. The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of one thousand Polish zlotys (PLN). The limitation of amount referred to in the preceding sentence applies to any claims whatsoever addressed by the Service Recipient/Customer to the Service Provider/Seller, including also the case when the Sales Contract is not concluded or the cases not related to the Sales Contract at all. The Service Provider/the Seller is liable towards the Service Recipient/the Customer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer. The Seller is not liable for a delay in the consignment transport.

9.8. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.

10. PRODUCTS REVIEWS

10.1. The Seller does not enable their Customers to issue and / or access reviews of the Products issued by other Customers via the Online Shop website.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

11.1. This section of the Regulations contains provisions arising from the Digital Services Act to the extent that they concern the Online Shop and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Shop, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may be able to provide their content in the Online Shop using the tools provided for this purpose by the Service Provider. The Service Recipient is obliged to comply with the rules contained in the Regulations each time they provide content.

11.2. CONTACT POINT - The Service Provider designates the email office@risenomada.com as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the users of the service (including Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English languages for the purpose of communication with its contact point.

11.3. Illegal Content notice and action mechanisms as required by Article 16 of the Digital Services Act:

11.3.1. To the e-mail address office@risenomada.com, any person or entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.

11.3.2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submitting – to the e-mail address provided above – reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

11.3.3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.

11.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.

11.3.5. The Service Provider shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where the Service Provider uses automated means for that processing or decision-making, they shall include information on such use in the notification referred to in the previous paragraph.

11.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to the information provided by Service Recipients:

11.4.1. The Service Recipient is bound by the following rules in the case of providing any content within the Online Shop:

11.4.1.1. the obligation to use the Online Shop, including to post content (e.g. via Orders or Account), in accordance with its intended use, these Regulations and in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.

11.4.1.2. the obligation to provide content that is factually accurate and not misleading.

11.4.1.3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.

11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Shop.

11.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.

11.4.1.6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or required licenses, permits and consents for their use, distribution, sharing or publication, in particular the right to publish and distribute in the Online Shop and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider's ICT system, the Online Shop or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by the Service Recipients to the Online Shop. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Regulations.

11.4.3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Regulations. After identifying such content, the Service Provider makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g. contacts the Service Recipient to clarify objections and change the content). The Service Provider shall inform the Service Recipient who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it and the available options to appeal against this decision.

11.4.4. act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the Service Recipients enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

11.5. Any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider's decision made in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in section 6 of these Regulations. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.

11.6. The Service Provider shall consider any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider's decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to believe that their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.

11.7. The Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider's internal complaints resolution system.

12. FINAL PROVISIONS

12.1. The contracts concluded via the Online Shop are concluded in English.

12.2. Change of Regulations:

12.2.1. The Service Provider reserves the right to make changes of the Regulations for urgent reasons, this is: changes in the law; changes in payment and delivery times or methods; being subject to legal or regulatory obligations; changes in the scope or form of Electronic Services provided; addition of new Electronic Services; necessity to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malicious software, spam, data breaches or other cyber security threats – to the extent to which these changes affect the implementation of the provisions of these Regulations.

12.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, with the proviso that the change may be made without observing the 15-day notice period notice in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which requires it to amend the Regulations in a manner that prevents it from complying with the 15-day notification period notice; or (2) it must, by way of exception, amend its Regulations to counter an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, changes shall be implemented with immediate effect, unless it is possible or necessary to apply a longer period for the implementation of changes, which shall be notified by the Service Provider in each case.

12.2.3. In case of concluding on the basis of these Regulations continuous contracts (for example, providing Electronic Service – Account), the Service Recipient has the right to terminate the contract before the end of the notification period notice. The termination of the contract shall take effect within 15 calendar days from the receipt of notification. In case of concluding the continuous contracts, the amended Regulations bind the Service Recipient if they were correctly informed about the changes, according to the notification period, and did not terminate the contract within that period. In addition, at any time after receiving notification of changes, the Service Recipient may accept the changes and thereby opt out of the continued notification period. In the case of concluding the contracts of a different nature from continuous contracts, any changes or amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/the Customers before the effective date of changes to the Regulations, in particular changes to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.

12.2.4. In the event that the change or amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the consumer has the right to withdraw from the contract.

12.3. In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.

12.4. These Regulations shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.

13. MODEL WITHDRAWAL FORM (ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form (this form should be completed and sent back only if you wish to withdraw from the contract)

– Addressee:

RISE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Króla Jana III 2a/d, 81-547 Gdynia, Poland
risenomada.com
office@risenomada.com

– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following goods (*) contract for the supply of the following goods (*) contract for a work involving the following goods (*) / for the provision of the following service (*)

– The date of conclusion of the contract (*)/ receipt (*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only if the form is sent in a paper version)
– Date

(*) Delete as applicable.