TERMS AND CONDITIONS OF ONLINE STORE AND PROVISION OF OTHER SERVICES BY ELECTRONIC MEANS

(“REGULATIONS”)

effective as of: 10.12.2021 r.

  1. DEFINITIONS
  2. Terms used in these Regulations have the following meanings:
    • Nomad – the company Nomad Dorota Przybyłek, based at Pl. Hallera 4/5, 03-464 Warsaw, NIP 761-135-44-69, REGON 383836049, providing the Services available through the Website to the extent and on the terms described in these Regulations;
    • Website – the website administered by Nomad Dorota Przybyłek, available at nomadgold.eu, through which the seller provides Services electronically;
    • Privacy Policy – a document describing the processing of personal data by Nomad Dorota Przybyłek as administrator, available at: kontakt@nomadgold.eu.
    • Client – a natural person with full legal capacity, a legal person or an entity without legal personality, but with legal capacity, using the Services provided electronically under the terms described in these Regulations;
    • Store – online store operated by Nomad Dorota Przybyłek at the address: nomadgold.eu;
    • Account – an individual account of the Customer in the Store created by completing and submitting to Nomad Dorota Przybyłek the Registration Form, allowing to place Orders, edit personal data, view the history of Orders placed by the Customer and access Digital Content;
    • Registration Form – a form available in the Store that allows you to create an Account;
    • Login – entering an individual identifier (login) and password, allowing access to the content of the Account;
    • Order Form – a form available in the Store both through the Account and outside the Account (without Logging in) allowing to place an Order, in particular by adding Products to the Basket;
    • Shopping Cart – an element of the Store where the Products selected by the Customer are visible, and it is possible to determine and modify the Order data;
    • Order – the Customer’s statement of intent made via the Order Form, aimed directly at concluding an agreement for the sale of a Product or reservation of a service provided by Nomad;
    • Product – Digital Content available in the Store or movable items that are the subject of a sales contract between the Customer and Nomad or services provided by the Seller, which are booked by the Customer through the Store;
    • Digital Content – products available in the Store’s current offerings in electronic formats, including, in particular, e-Books (works saved in digital format, available for download by the Customer) and webinars (content saved in the form of a video or audio recording for download by the Customer or made available in the form of a link to a website, sent to the Customer via e-mail);
    • Contact Form – a Service that allows the Customer to send a message to Nomad via a dialog box provided on the Website at: https://nomadgold.eu/kontakt/;
    • Instant Messenger – Service that allows the Customer to send messages to Nomad via the instant messenger available on the Website;
    • Comment – Service that allows the Customer to leave an opinion about the Product in the Store;
    • Service – any service provided by the Seller electronically through the Website;
    • UŚUDE – the law of July 18, 2002. On provision of services by electronic means (i.e. OJ. of 2020. pos. 344;
  1. GENERAL PROVISIONS
  2. These Regulations set forth the type and scope of Services provided by Seller, the terms and conditions for the provision of these Services via the Website, the terms and conditions for entering into and terminating agreements for the provision of Services and the procedure for complaints, and thus constitute the document referred to in Art. 8 paragraph. 1 item 1 of the UWAUDE.
  3. Nomad provides the following Services electronically via the Website:
    • familiarization with the content published on the Website;
    • Establishing and maintaining an Account;
    • running the Basket;
    • placing Orders in the Store;
    • Enabling the use of Messenger;
    • provision of the Contact Form;
    • Enabling publication of Comments.
  4. Nomad is contactable:
    • In writing to the address: Olesińska 19/4, 02-548 Warsaw;
    • via email at kontakt@nomadgold.eu;
    • via Messenger, WhatsApp or direct messages on Instagram:

Facebook profile – https://www.facebook.com/NoMadGoldEu

Instagram – https://www.instagram.com/no_mad_gold/.

  1. These Terms and Conditions are available free of charge through the Website allowing to acquire, reproduce, record the content of the Terms and Conditions by means of a computer system used by the Customer.
  2. The Regulations constitute a model contract concluded at a distance. The content of the Terms and Conditions in the case of use of the Services indicated in the Terms and Conditions constitutes the content of the contract for the provision of electronic services concluded between the parties.
  3. During the use of the Services, it is prohibited for the Customer to provide unlawful content.
  4. Before using the Services, the Client is required to read the Terms and Conditions and accept their provisions by clicking the appropriate box (checkbox) before using the Services.
  • TECHNICAL REQUIREMENTS
  1. In order to use the Services, it is necessary to:
    • Having a device with access to the Internet (computer, tablet, phone) and the current version of the Internet browser that supports cookies – such as. Microsoft Edge, Opera, Mozilla Firefox, Google Chrome, Safari,
    • an active electronic mail (e-mail) account,
    • cookies enabled.
  2. The cost of providing the above technical conditions necessary for the use of the Services shall be borne by the Customer.
  3. In addition, for safe use of the Services, it is recommended that the Customer’s device additionally has:
    • up-to-date antivirus system,
    • An effective security firewall,
    • installed available operating system and web browser updates that address security,
    • activated function to accept cookies and Java Script in your web browser.
  4. In order to properly use Digital Content in the form of e-books, it is necessary for the Customer’s device to additionally have software that allows – depending on the specifics of the Digital Content – to read files in .PDF, .EPUB, .MOBI, .docs, .xls format.
  5. Nomad shall not be liable for the Customer’s failure to meet the technical requirements outlined above necessary for the use of particular Services.
  6. Nomad, to the fullest extent permitted by law, shall not be liable for any disruption, including interruption of the Services, caused by force majeure, unauthorized acts of third parties or incompatibility of the Services with the Customer’s technical infrastructure.
  7. Nomad takes the utmost care to ensure that the Services provided are of the highest standard, however, Nomad does not exclude the possibility of temporarily suspending the availability of the Services in the event of maintenance, inspection or in connection with the need to upgrade or expand the Website. Nomad will endeavor to ensure that scheduled technical interruptions related to maintenance of the software and telecommunications equipment and servers used by Nomad for the Website are scheduled during nighttime hours to the extent possible. Nomad will, to the extent technically feasible, inform customers in advance of the date and expected duration of the break.
  1. CONTENT PUBLISHED ON THE WEBSITE
  2. Within the framework of the Service in question, the Customer may read any content published by Nomad on the Website free of charge.
  3. The contract for this Service is concluded for the period of actual use of the Website, each time the Customer accesses the Website.
  4. The contract for this Service is terminated when the Customer leaves the Website, which does not require any additional statements from either Nomad or the Customer.
  5. The Service may be used by any Customer, without the need to create an Account and Login.
  1. BASKET MANAGEMENT
  2. This service consists in the ability of the Customer to keep the Products that interested him in the Basket free of charge.
  3. The contract for the provision of this Service is concluded when the Customer adds Products to the Shopping Cart, and is terminated when the Customer removes Products from the Shopping Cart.
  4. The termination of the Agreement does not require any additional statements from either Nomad or the Customer.
  5. The Service can be used by any Customer, without the need to create an Account and Login.
  1. SETTING UP AND MAINTAINING AN ACCOUNT
  2. This service includes the possibility for the Customer to create an Account free of charge and use its functionality. Through the Account, the Customer can independently correct his personal data indicated in the Registration Form or later when using the Account, place Orders, as well as have access to the history of his Orders.
  3. The contract for the provision of this service is concluded upon the creation of an Account by providing the required personal data in the Registration Form, i.e.: name, surname, address, telephone, email, login and password, acceptance of the required statements and confirmation by the Customer of the creation of the Account. Once the Customer has completed and confirmed the accuracy of the personal data in the Registration Form, Nomad will send an email to the email address provided therein, requesting that the Customer confirm the creation of the Account.
  4. An account can be assigned to only one customer. A customer can have only one Account.
  5. Logging into the Account is possible after the Customer provides an individual identifier (login) and password. If the password is lost or forgotten, the customer can use the password reminder option. The password can also be changed independently by the Customer through the Account, after logging in.
  6. The Customer may not share his/her login and password to the Account with other persons.
  7. The Account Agreement is concluded for an indefinite period of time. The Customer may delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to Nomad through one of the communication channels indicated in Section. II.3. The account will be deleted by Nomad immediately, no later than within 14 days of the Customer’s request.
  • PLACING ORDERS IN THE STORE AND SHIPPING ORDERS
  1. Prices given in the Store are expressed in Polish zloty (PLN) and are gross prices.
  2. Nomad issues VAT invoices.
  3. Nomad agrees to provide Products free from physical and legal defects.
  4. The Customer is obliged to use the Products offered by Nomad in a manner consistent with the laws in force in the Republic of Poland and in accordance with the provisions of the Terms and Conditions.
  5. Browsing the Products available in the Store does not require creating an Account.
  6. Placing an Order in the Store is possible both after setting up an Account and without setting up an Account, after providing the necessary identification, contact and address data to enable the execution of the Order.
  7. In the course of using the Store through the Account, including, in particular, when placing an Order, the Customer may be asked to provide additional data not included in the Registration Form, necessary for processing the Order or issuing a VAT invoice.
  8. As soon as the Customer confirms the creation of an Account, he/she acquires the right to use the functionality of the Store made available by Nomad, in particular to purchase Products currently available in the Store. From the same moment between Nomad and the customer, the contract for the use of the Store is concluded.
  9. In order to place an Order, you must:
    • enter the Store’s website;
    • Select the Product that is the subject of the Order, and then click the “Add to cart” button;
    • Log in or use the option to place an Order without registration;
    • fill out the Order Form,
    • Click the “Buy and pay” button,
    • choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period.
  10. Nomad provides the Customer with the following forms of payment in the Store:
    • electronic payments via PayU, PayPal
  11. Refund of payment is made using the same channel by which the payment was made, unless the customer has agreed to another form of payment refund, which does not incur any additional costs for him.
  12. If the Customer has expressed a desire to receive a VAT invoice, it is delivered electronically along with the confirmation of the Order, to the e-mail address provided by the Customer when placing the Order.
  13. Information on delivery costs is provided at the time of determining the details of the order and depends on the type and quantity of products and the choice of the Supplier to deliver the Product to the Buyer.
  14. Nomad makes delivery of goods via courier. Shipping is carried out on behalf of the Buyer. The buyer hands over a power of attorney to the seller to conclude a contract with the courier company on his behalf.
  15. Receiving the delivered shipment, the customer is obliged to check the technical and physical condition. In case of damage to the shipment, it is recommended to make a damage report in the presence of the courier and notify Nomad. The damage report is helpful in carrying out the claim procedure, and its absence may hinder the customer’s ability to pursue any claims and determine the person responsible for the damage. Claims for damage occurring during shipment submitted by a Customer who is not a Consumer will not be considered without the attached damage report.
  16. If the Customer has requested an invoice, invoice or invoice without VAT, it will be delivered to the Customer electronically, to the e-mail address provided in the order or also included in the shipment sent. The customer may request an invoice or bill immediately upon ordering or for three months following the month of purchase.
  17. Fulfillment of an order involving physical products consists of completing the ordered products (if available in the store) or making them in accordance with the order placed (and within the time agreed between Nomad and the Customer), and then packing them for delivery to the Customer and sending the shipment to the Customer in accordance with the form of delivery of the order chosen by the Customer.
  18. The order is considered completed when the shipment is shipped to the Customer (entrusting the shipment to a carrier engaged in transportation).
  19. Delivery time depends on the product and is individually agreed with the customer. Ordered products should be released to the customer within 30 days, unless a longer period is specifically indicated by Nomad in the product description. In such a situation, by placing an order, the customer agrees to a longer lead time based on the product description.
  20. If the customer has ordered products with different lead times indicated, the binding for Nomad the lead time for the entire order is the longest among all the products included in the order, although the Seller may offer to divide the order into several independent shipments in order to accelerate the lead time for some of the products.
  • RIGHT OF WITHDRAWAL
  1. A customer who is a consumer as defined in Art. 221 Civil Code (a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity) or a natural person entering into a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, has the right to withdraw from the sales contract or service reservation contract within 14 days, without giving any reason.
  2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Customer.
  3. To meet the deadline for withdrawal from the contract it is sufficient to send to Nomad a statement of withdrawal, before its expiration, to the e-mail address: kontakt@nomadgold.eu.
  4. If the Customer sends a statement of withdrawal by traditional means (mail, courier), the date of mailing the correspondence will count for compliance with the 14-day deadline for withdrawal.
  5. The customer should use the model withdrawal form attached to these Regulations.
  6. In the event of withdrawal from the contract, the contract is considered not concluded.
  7. The customer’s right to withdraw from a contract concluded at a distance does not apply to the contract:
    • for the provision of services – including the production of unique products at the express request of the customer, if Nomad has performed the service in full with the express consent of the customer, who has been informed before the start of the service that after the performance of Nomad will lose the right to withdraw from the contract,
    • for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Customer before the expiration of the deadline for withdrawal from the contract and after Nomad has informed him of the loss of the right of withdrawal.
  1. ENABLING THE USE OF THE COMMUNICATOR
    1. This Service may be used free of charge by a Customer who has an active Account and has completed the Login/any Customer, without having an Account.
    2. This service allows the customer to communicate directly with Nomad.
    3. The contract for the provision of this Service is concluded between Nomad and the Customer with the commencement of use of the Instant Messenger and is terminated upon deletion of the Account./ The contract for the provision of this Service is valid for the period of the Customer’s use of the Instant Messenger.
  1. CONTACT FORM
  2. This service is available to any customer without the need for an Account.
  3. In order to use the Service, the Customer should provide correct, valid and marked by Nomad as required personal data, through a dedicated dialog box (form) located at: https://nomadgold.eu/kontakt/.
  4. The Service is free of charge, and the contract for the provision of this Service is concluded each time the Customer sends a message to Nomad via a dedicated form.
  5. The contract for the provision of the Service is terminated upon its execution (sending of the message) and does not require any additional statements from either Nomad or the Customer.
  1. COMMENTS
    1. This Service can be used free of charge by any Customer, without having an Account.
    2. This service allows the Customer to post an opinion about the Product.
    3. The contract for this Service is valid for the period of the Customer’s use of the form for posting Comments.
  • ADVERTISEMENTS
    1. The Customer has the right to file a complaint regarding the Product.
    2. The customer may submit a complaint to Nomad using the following communication channels:
  • By email – to : kontakt@nomadgold.eu;
  • In writing – to the address: Olesińska 19/4, 02-548 Warsaw.
    1. The complaint should contain at least the name, surname and e-mail address of the Customer or correspondence address to which Nomad is to respond to the complaint, the company name in the case of a Customer who is an entrepreneur, the order number, identification of the Product and a description of the reported objections along with the Customer’s request related to the complaint.
    2. Nomad reserves the right to leave unprocessed complaints that do not meet the conditions specified in paragraph. 3, in particular when the information provided does not allow the Customer to be identified or contacted to clarify the complaint.
    3. Nomad will consider reported complaints within 14 days of receiving all the information necessary to resolve the complaint. In particularly complicated cases, which make it impossible to process the complaint within 14 days, Nomad reserves the right to extend the deadline for processing the complaint up to 30 days. In this case, Nomad will inform the customer of the extension of the deadline for processing his complaint before the expiration of the 14-day period, stating the reason for the delay.
  • DISPUTE RESOLUTION
    1. In the case of disputes involving a Customer who is a consumer, there is the possibility of using out-of-court ways of handling complaints and claims and resolving disputes, i.e.:

1.1. The consumer, in order to resolve the dispute amicably, can, for example, file a complaint through the ODR online platform (European online dispute resolution platform);

1.2. The consumer has the right to use out-of-court means of dispute resolution, in particular by submitting, after the complaint procedure, a request for mediation or a request for arbitration.

  • PROCESSING OF PERSONAL DATA
    1. The administrator of customers’ personal data is Nomad.
    2. Detailed information on the processing of Customers’ personal data can be found in the Privacy Policy.
    3. In connection with the use of online payments through PayU and PayPal in connection with the processing of payments, the entity becomes a separate controller of the Customer’s personal data.

  1. COPYRIGHTS
  1. Digital Content is a work within the meaning of the Law of February 4, 1994. on Copyright and Related Rights and are subject to the protection provided by this legal act.
  2. The author’s economic rights to the Digital Content are vested in Nomad, while the author’s moral rights are vested in the authors.
  3. Exclusive rights to the content made available within the Store, in particular, copyrights to images, names, trademarks of the Store and its Products, including the graphic elements included in them, software and database rights are subject to legal protection and vested in Nomad or third parties with whom Nomad has entered into appropriate agreements.
  4. It is forbidden to copy, as well as otherwise use any elements of the Store without Nomad’s permission.
  5. The Customer may use the purchased Digital Content only for its own needs.
  6. In particular, the customer is not allowed:
  • Remove protections and markings applied to Digital Content.
  • Reproduce Digital Content or perform its distribution, whether in print or electronic form.
  • Share Digital Content with others, whether in print or electronic form.
  • Rent and lend Digital Content, both in print and electronic form.
  • Interfere with the content and content of Digital Content.
  • FINAL PROVISIONS
    1. Nomad reserves the right to make changes to the Terms and Conditions for important reasons, in particular changes in legislation, changes in payment methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. Nomad will inform the Client of any change at least 7 days in advance.
    2. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code, UŚUDE, Consumer Rights Act, Personal Data Protection Act.

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