Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE
nomaddika.com
I. Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
a. **Business Days** – days from Monday to Friday, excluding public holidays;
b. **GPSR** – (General Product Safety Regulation) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828 of the European Parliament and of the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC;
c. **Customer** – a natural person having full legal capacity, a natural person conducting business activity, a legal entity or an organisational unit without legal personality to which specific provisions grant legal capacity, who places an Order for a Product presented on the Store website;
d. **Civil Code** – the Act of 23 April 1964 – the Polish Civil Code;
e. **Consumer** – a natural person performing a legal act with an entrepreneur which is not directly related to their business or professional activity;
f. **Account** – a part of the Store assigned to the User through which the User may perform specific actions within the Store, such as viewing the history of placed Orders;
g. **Product** – goods presented on the Online Store website which the Customer may purchase through distance selling;
h. **Entrepreneur** – an entrepreneur within the meaning of the Civil Code, i.e. a natural person, legal entity or organisational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in their own name, excluding an Entrepreneur with Consumer Rights;
i. **Entrepreneur with Consumer Rights** – a natural person concluding an agreement with the Seller directly related to their business activity, where it follows from the content of that agreement that it does not have a professional nature for that person, resulting in particular from the subject matter of their business activity disclosed pursuant to the provisions on the Central Register and Information on Economic Activity (CEIDG). In these Terms and Conditions, provisions concerning Consumers regarding the statutory right of withdrawal from the Agreement and the conformity of the Product with the Agreement shall also apply to Entrepreneurs with Consumer Rights;
j. **Terms and Conditions** – these Terms and Conditions constituting standard contractual terms within the meaning of the Civil Code;
k. **Online Store / Store** – all elements constituting the website operating under the domain nomaddika.com;
l. **Seller** – Bartosz Cal, conducting business activity under the business name Bartosz Cal Nomaddika, entered into the Central Register and Information on Economic Activity maintained by the minister responsible for economy matters, with registered address at Aleja Jana Pawła II 43A/37B, 01-001 Warsaw, Poland, VAT ID (NIP): 6652289449, REGON: 542479320;
m. **Sales Agreement** – a sales agreement within the meaning of the Civil Code concluded between the Seller and the Customer through the Store website; the Sales Agreement is concluded under the terms described in these Terms and Conditions;
n. **Electronic Services Agreement** – an agreement concluded between the Seller and the User under the terms described in Section III below;
o. **Electronic Services** – services within the meaning of the Act on Providing Services by Electronic Means, i.e. services provided without the simultaneous presence of the parties (at a distance), through transmission of data at the individual request of the User, sent and received by means of equipment for electronic data processing, including digital compression and data storage, entirely transmitted, received or conveyed via a telecommunications network within the meaning of the Act of 12 July 2024 – Electronic Communications Law;
p. **User** – a natural person, legal entity or organisational unit without legal personality to which specific provisions grant legal capacity, using the Store website;
q. **Order** – an offer submitted by the Customer for Products presented by the Seller on the Store website, aimed at concluding a distance Sales Agreement.
II. General Provisions of the Terms and Conditions
1. These Terms and Conditions have been prepared in accordance with applicable legal requirements, including in particular the Act on Providing Services by Electronic Means and the Consumer Rights Act, and specify in particular:
a. the types and scope of Electronic Services;
b. the conditions for providing Electronic Services, including the technical requirements necessary for cooperation with the Seller’s ICT system, as well as information regarding the prohibition on the User providing unlawful content;
c. the conditions for concluding a Sales Agreement;
d. the conditions for concluding and terminating Agreements for the Provision of Electronic Services;
e. the statutory right to withdraw from the Sales Agreement;
f. complaint handling procedures.
2. The Seller provides Electronic Services in accordance with these Terms and Conditions and the provisions of applicable law.
3. The Seller shall make these Terms and Conditions available to the User free of charge in a manner enabling the User to obtain, reproduce and store their content by means of the ICT system used by the User.
4. The content of the Store is addressed to potential Customers interested in purchasing Products presented by the Seller on the Store website.
5. The User may contact the Seller via:
a. e-mail at: contact@nomaddika.com;
b. the contact form available on the Store website;
c. telephone contact at: +48 573 431 990;
d. postal mail at the following address: Aleja Jana Pawła II 43A/37B, 01-001 Warsaw, Poland.
III. Provision of Electronic Services
1. Through the Store website, the Seller provides the following Electronic Services free of charge: use of the Store website, including browsing information available on the website, Product descriptions, the possibility to use the Order form (shopping cart), contact form, newsletter subscription, keyword search engine, redirection to external platforms (the Seller’s social media), sharing Product cards on external platforms, as well as creation and maintenance of an Account.
2. Upon opening and thereby commencing use of the Store website, an Agreement for the Provision of an Electronic Service consisting of the use of the Store website is concluded. Such use may consist in particular of browsing information published on the website, such as information regarding Products and the Seller.
3. The Agreement for the Provision of the Electronic Service referred to in the preceding subsection is concluded for an indefinite period, and its termination occurs when the User leaves the Store website.
4. Upon commencing use of the Order form (shopping cart) on the Store website, an Agreement for the Provision of an Electronic Service consisting of enabling the User to place Orders for Products through that form is concluded.
5. The Agreement for the Provision of the Electronic Service referred to in the preceding subsection is concluded for an indefinite period and terminates upon the placement of an Order through the form or upon earlier discontinuation of use of the form by the User.
6. A User wishing to contact the Seller regarding the Seller’s business activity may use the Electronic Service in the form of the contact form available on the website.
7. An Agreement for the Provision of an Electronic Service in the form of the contact form is concluded at the moment the User sends a message. The Agreement is concluded for an indefinite period and terminates when the Seller sends a reply to the message submitted by the User.
8. The User may subscribe to the e-mail newsletter via the dedicated subscription form (window) available on the Store website, i.e. receive commercial and marketing information in the form of electronic messages sent to the e-mail address provided by the User. Subscription to the newsletter takes place by providing a valid e-mail address and selecting the appropriate checkbox expressing consent to receive the newsletter.
9. The User has the right to withdraw consent to receive the newsletter at any time, in particular by using the unsubscribe link contained in each newsletter message, without affecting the lawfulness of processing carried out before withdrawal of consent.
10. The Agreement for the Provision of the Newsletter Service is concluded for an indefinite period and terminates when the User requests removal of their e-mail address from the newsletter subscription list or unsubscribes via the link included in the content of the newsletter message.
11. The User may use the Electronic Service in the form of a keyword search engine. An Agreement for the Provision of an Electronic Service in the form of keyword search is concluded at the moment the User clicks the icon dedicated to searching for the keyword entered by the User and terminates upon display of the search results on the Store website.
12. The User may use the Electronic Service consisting of redirection from the Store website to external platforms in the form of social media, such as Instagram, to the Seller’s account related to the Seller’s business activity.
13. An Agreement for the Provision of an Electronic Service consisting of redirection referred to in the preceding subsection is concluded at the moment the User clicks the icon dedicated to the specific platform to which the User wishes to be redirected and terminates upon redirecting the User to that platform.
14. The User may share Product cards on external platforms, such as e-mail communicators or social media.
15. An Agreement for the Provision of an Electronic Service consisting of sharing a Product card is concluded at the moment the User clicks the icon of the platform on which the content is to be shared and terminates upon redirecting the User to the external platform for the purpose of sharing the content directly on that platform.
16. The User of the Store may also create an Account on the website, for example in order to view previously placed Orders. In order to create an Account, the User should complete the registration process. The rules governing the provision of the Account Service are described in the section below.
IV. Account
1. A User of the Store who wishes to use Electronic Services within an Account has the option to register and maintain an Account. In order to create an Account, the User should provide the data necessary for Account registration required during the registration process.
2. Creating an Account is not necessary in order to place an Order for a Product. In order to create an Account, the User should complete the registration process via the registration form dedicated for this purpose.
3. An Agreement for the Provision of an Electronic Service consisting of the creation and use of an Account is concluded upon successful registration of the Account. The Agreement is concluded for an indefinite period and terminates immediately upon clicking the button dedicated to self-deletion of the Account.
4. The User may not possess more than one Account assigned to a single e-mail address.
5. The User is prohibited from using Accounts belonging to other Users or allowing other persons to use the Account, including disclosing the Account access password.
6. By registering an Account, the User declares that the data provided in the Account registration form and in the internal forms available after logging into the Account are true and do not infringe the rights of third parties. While using the Account, the User may supplement and update the data contained therein.
7. The Account contains the User’s data provided during registration as well as data voluntarily edited by the User after registration.
8. In the event of a breach by a User who is a Consumer or an Entrepreneur with Consumer Rights of the provisions of these Terms and Conditions, applicable law or accepted standards of conduct, the Seller, after a prior ineffective request to cease or remedy the breach within an appropriate time period specified by the Seller, may suspend the possibility of using the Account for a period designated by the Seller or terminate the agreement for the provision of the Account Service with 14 days’ notice.
9. In the event of a breach by a User who is an Entrepreneur of the provisions of these Terms and Conditions, applicable law or accepted standards of conduct, the Seller may terminate the Agreement for the Provision of the Account Service with immediate effect (delete the Account) or suspend its performance within the Account.
10. Further information regarding potential violations which may result in suspension or deletion of the Account under the conditions described in the subsection above has been specified in the section concerning the rules for using the Store website.
V. Technical Requirements
1. In order for the User to use the Store website, cooperation between the ICT systems of the User and the Seller is required.
2. Cooperation between the ICT systems is ensured provided that the User’s ICT system jointly meets the minimum technical requirements consisting of access to the Internet and appropriate software enabling the use of the Internet by means of the end device through which the User intends to use the Store website.
3. The use of any electronic services via the Internet, including Electronic Services provided on the Store website, may involve certain risks, such as the introduction of malicious software into the User’s ICT system or unauthorised persons obtaining and modifying the User’s data.
4. In order to minimise the risks referred to in subsection 3 above, the Seller recommends the use of technical measures capable of preventing such risks, for example antivirus software.
VI. Rules for Using the Store Website
1. The User should use the Store website in accordance with its intended purpose and with due respect for the rules set forth in these Terms and Conditions, applicable law and accepted practices.
2. In particular, the User shall not:
a. provide or transmit content that could be considered unlawful or in violation of applicable legal provisions;
b. upload or distribute any programs, files, applications, including their extensions, which could negatively affect the operation of the Store website software, the devices used for its operation, or the devices or software of other Users (including in particular viruses, trojans and other malicious software);
c. undertake any actions that could result or result in interference with the operation of the Store website (including programming-related or hacking activities);
d. circumvent the security measures of the Store website through the exploitation of so-called security vulnerabilities;
e. use the content available on the website beyond personal use, i.e. infringe intellectual property rights referred to in the further provisions of these Terms and Conditions.
VII. Ordering Products
1. The Store website presents information regarding Products, in particular by displaying their descriptions and prices. Such information does not constitute an offer within the meaning of Article 66 of the Civil Code, but merely an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
2. The Products presented on the Store website are new and compliant with the Agreement (free from defects). The Seller is the manufacturer of the Products within the meaning of the GPSR. The Products meet all requirements necessary for placing them on the market, are safe and compliant with the requirements of the GPSR and other specific European Union regulations governing Product safety.
3. The User may place an Order for Products via a dedicated form used for placing Orders, i.e. the shopping cart (hereinafter referred to as the “Shopping Cart/Cart”).
4. In order to place an Order, and thereby conclude a Sales Agreement, the User must have an active e-mail account.
5. In order to place an Order via the Shopping Cart, the Customer should follow the instructions displayed on the Store website, in particular:
a. select the Product in which the Customer is interested, choose its quantity and add it to the Cart;
b. provide in the designated places the data necessary for the execution of the Order and the Sales Agreement, such as name and surname, contact details and delivery address;
c. select the payment method and delivery method offered by the Seller;
d. read the Terms and Conditions, the Notice of the Right of Withdrawal from the Agreement constituting an appendix to the Terms and Conditions, and the Privacy Policy
e. by selecting the checkbox, declare that the Customer has read the Terms and Conditions, the Notice of the Right of Withdrawal from the Agreement and the Privacy Policy;
f. select the button finalising the Order.
6. After the Order has been placed via the Shopping Cart, the Seller shall send the Customer confirmation of the terms of the placed Order together with information or a document regarding prepayment indicating the payment deadline.
7. The placed Order constitutes an electronic offer to conclude a Sales Agreement.
VIII. Payments and Conclusion of the Sales Agreement
1. The prices of Products presented in the Store are expressed in euro (EUR) as the base currency. For Customers in Poland, prices are displayed in Polish zloty (PLN). In order to facilitate purchases, the Store may also display prices in other currencies, in particular in the User’s local currency, based on the User’s approximate location. Such prices are provided for informational purposes only and are converted according to the current exchange rates applied by the Store or its payment service providers. The final Product price binding upon the parties is indicated in the Order summary before submission of the Order and may be expressed in the currency selected by the Customer or available for the selected payment method.
2. The prices indicated on the Store website include taxes that should be included in accordance with the applicable law governing the Seller.
3. Delivery costs of the Products are indicated separately. In the case of delivery outside the European Union, the price may not include customs duties, import taxes or other charges required under the laws of the destination country, which shall be borne by the Customer.
4. At the stage of placing the Order, the Customer may make payment via electronic payment methods, including instant bank transfer payments, handled by the payment operator indicated on the Store website (including Shopify Payments and PayPal).
5. The Customer shall be informed of the maximum payment deadline. In the case of electronic payments, payment should be made immediately before expiration of the payment session made available by the payment operator. Failure to make payment within the specified period shall result in cancellation of the submitted Order.
6. Payment shall be deemed successfully completed upon receipt by the Seller of confirmation from the payment processing system that the Customer has made the payment.
7. Upon receipt of payment, the Seller shall send an electronic message to the Customer’s e-mail address confirming acceptance of the Order for processing, which constitutes the Seller’s declaration of acceptance of the Customer’s offer (in the form of the submitted Order), and upon receipt thereof by the Customer, the Sales Agreement shall be concluded.
8. The Sales Agreement is concluded in the Polish language and its content shall comply with these Terms and Conditions.
9. The Seller shall provide the Customer with proof of purchase, for example in the form of an e-mail confirming placement of the Order or an invoice.
10. In the event that the Seller applies mechanisms of individual price adjustment based on automated decision-making, the Seller shall each time provide the Consumer with information thereof during the placement of the Order, taking into account the requirements imposed by personal data protection regulations.
IX. Delivery Methods
1. The Seller delivers Products to the address indicated by the Customer when placing the Order within selected countries of the European Union, the United States of America, Canada, Australia, New Zealand and the United Arab Emirates.
2. The Products offered in the Store are manufactured only after the Customer places an Order (print-on-demand production model) by an external production partner and are subsequently shipped via courier companies. Products may be shipped from different locations depending on availability and the place of Order fulfilment.
3. Delivery costs are indicated each time before the Order is placed and depend on the country of delivery and the selected courier company.
4. The Order fulfilment period includes the time necessary for manufacturing and completing the Product and shall be up to 7 Business Days from the date of conclusion of the Agreement. Delivery of the Product to the Customer is carried out via a courier company, and the delivery time depends on the selected carrier and the place of delivery and is each time indicated on the Store website together with information regarding the delivery charges for the Product.
5. In a situation where different fulfilment periods are provided for different Products purchased within a single Order, the longest fulfilment period among those provided shall apply to the entire Order.
X. Statutory Right of Withdrawal from the Agreement – Applicable to Customers from the European Union
1. A Customer from the European Union who is a Consumer or an Entrepreneur with Consumer Rights (to whom the provisions of this section apply to the same extent as to a Consumer) may withdraw from the Sales Agreement at any time, in accordance with the Consumer Rights Act, without stating any reason, by submitting an appropriate declaration to the Seller within 14 days from the date of delivery of the Product. To meet this deadline, it is sufficient to send the declaration before its expiry.
2. The Customer shall also be informed of their rights regarding withdrawal from the Agreement through the Notice of Withdrawal from the Agreement constituting an appendix to these Terms and Conditions.
3. The Customer may formulate the declaration independently or use the Withdrawal Form constituting an appendix to these Terms and Conditions.
4. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send confirmation of receipt of the declaration of withdrawal to the Consumer’s e-mail address.
5. In accordance with the Consumer Rights Act, the Consumer’s right of withdrawal from the Agreement shall not apply to agreements:
a. for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s express and prior consent, after informing the consumer before commencement of the performance that, upon full performance by the entrepreneur, the consumer would lose the right of withdrawal from the agreement, and the consumer acknowledged this information;
b. where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before expiry of the withdrawal period;
c. where the subject matter of the performance is non-prefabricated goods manufactured according to the consumer’s specifications or intended to satisfy the consumer’s individualised needs;
d. where the subject matter of the performance consists of goods liable to deteriorate rapidly or having a short shelf life;
e. where the subject matter of the performance consists of goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
f. where the subject matter of the performance consists of goods which, after delivery, due to their nature, become inseparably mixed with other goods;
g. where the subject matter of the performance consists of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations beyond the entrepreneur’s control;
h. where the consumer expressly requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer or supplies goods other than spare parts necessary for the repair or maintenance, the consumer shall have the right of withdrawal in relation to the additional services or goods;
i. where the subject matter of the performance consists of sound or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
k. concluded by way of public auction;
l. for the provision of accommodation services other than for residential purposes, transport of goods, car rental services, catering services, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of performance of the service;
m. for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, where the entrepreneur commenced performance with the consumer’s express and prior consent after informing the consumer before commencement of the performance that, upon performance by the entrepreneur, the consumer would lose the right of withdrawal from the agreement, and the consumer acknowledged this information, and the entrepreneur provided the consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1);
n. for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested the entrepreneur to visit them for repair purposes and the service has already been fully performed with the consumer’s express and prior consent.
6. In the event of withdrawal from a distance Agreement, the Agreement shall be deemed not concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary to establish the nature, characteristics and functioning of the Product. The Product should be returned without undue delay, no later than within 14 days from the date of submitting the declaration of withdrawal from the Agreement.
7. The Customer should return the purchased Product to the following address:
Bartosz Cal Nomaddika
Aleja Jana Pawła II 43A/37B
01-001 Warsaw
Poland
8. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, reimburse the Consumer for all payments made by the Consumer, including the costs of delivery of the Product (i.e. the costs of delivery of the Product from the Seller to the Customer).
9. If the Consumer selected a method of delivery of the Product other than the least expensive standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
10. The Customer shall bear only the direct cost of returning the Product (i.e. the cost of sending the Product back from the Customer to the Seller), unless the Seller has agreed to bear this cost.
11. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of reimbursement, provided that such method does not involve any costs for the Consumer.
12. The Seller may withhold reimbursement of payments received from the Customer until the Product is returned or until the Customer provides proof of having sent back the Product, whichever occurs first, unless the Seller has offered to collect the Product from the Customer personally.
13. The Customer shall be liable for any diminution in the value of the item resulting from use thereof in a manner other than what was necessary to establish the nature, characteristics and functioning of the item.
XI. Conformity of the Product with the Agreement (Complaints)
1. The Seller is obliged to deliver a Product that is compliant with the Agreement.
2. The Seller shall be liable for any lack of conformity of the Product with the Agreement under the rules set out in the Consumer Rights Act with respect to a Customer who is a Consumer or an Entrepreneur with Consumer Rights (to whom the provisions of this section apply to the same extent as to a Consumer).
3. The Seller shall be liable for any lack of conformity of the Product with the Agreement existing at the time of its delivery and disclosed within two years from that moment, unless the expiry date of the Product specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
4. Statutory warranty rights (rękojmia) are excluded with respect to Entrepreneurs.
5. Complaints arising from violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be submitted to:
Bartosz Cal Nomaddika
Aleja Jana Pawła II 43A/37B
01-001 Warsaw
Poland
e-mail:contact@nomaddika.com
telephone: +48 573 431 990
6. Where possible, in order to facilitate the handling of the complaint, the Customer is requested in the first instance to send photographs showing the defect of the Product – its non-conformity with the Agreement – to the Seller’s e-mail address, provided that sending photographs is auxiliary in nature and does not constitute a condition for considering the complaint. If necessary for consideration of the complaint, the Customer should send or deliver the complained Product to the address indicated above, attaching – where possible – proof of purchase.
7. The Customer may also use the Seller’s Complaint Form constituting an appendix to these Terms and Conditions, although this is not mandatory.
8. The Seller is obliged to consider each complaint within 14 days from the date of its receipt.
9. In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent promptly, but no later than within 7 days from the date the Customer receives the request.
10. If the Product is not compliant with the Agreement, the Customer may request its repair or replacement. The Seller may replace the Product when the Customer requests repair, or the Seller may repair the Product when the Customer requests replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
11. When assessing whether the costs referred to in the subsection above are excessive, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Product with the Agreement, the value of the Product compliant with the Agreement, and the excessive inconvenience to the Customer resulting from changing the method of bringing the Product into conformity with the Agreement or refusing to do so.
12. If the Product is not compliant with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement if:
a. the Seller refused to bring the Product into conformity with the Agreement in accordance with subsection 10 above;
b. the Seller failed to bring the Product into conformity with the Agreement in accordance with Article 43d(4)–(6) of the Consumer Rights Act, in particular by failing to repair or replace the Product within a reasonable time from the moment the Seller was informed by the Customer of the lack of conformity with the Agreement and without excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it;
c. the lack of conformity of the Product with the Agreement continues despite the Seller’s attempts to bring the Product into conformity with the Agreement;
d. the lack of conformity of the Product with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior use of the remedies specified in subsection 10 above;
e. it clearly follows from the Seller’s declaration or circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Customer.
13. The Seller shall reimburse the Customer with the amounts due as a result of exercising the right to a price reduction promptly, no later than within 14 days from the date of receipt of the Customer’s declaration regarding the price reduction.
14. The Customer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant. It is presumed that the lack of conformity of the Product with the Agreement is significant.
15. In the event of withdrawal from the Agreement, the Customer shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall reimburse the Customer for the price promptly, no later than within 14 days from the date of receipt of the Product or proof of its return shipment.
16. The Seller shall reimburse the price using the same method of payment used by the Consumer, unless the Consumer expressly agrees to another method of reimbursement which does not involve any costs for the Consumer.
XII. Complaints Regarding Electronic Services
1. Any User may submit a complaint regarding Electronic Services provided through the Store, for example regarding various irregularities in the operation of the Store website, tabs or forms.
2. The User may submit a complaint in any form chosen by the User, using all available contact methods. In particular, the Seller recommends contact by e-mail. Contact details are as follows:
Bartosz Cal Nomaddika
Aleja Jana Pawła II 43A/37B
01-001 Warsaw
Poland
e-mail:contact@nomaddika.com
telephone: +48 573 431 990
3. In order to ensure efficient handling of the complaint, the Seller recommends using the Electronic Service Complaint Form constituting an appendix to these Terms and Conditions. However, if the complaint is submitted in another form, the User is requested to provide the following elements:
a. a brief description indicating the subject matter of the complaint (description of the situation and circumstances of the issue);
b. the date of the event described which gave rise to the complaint;
c. personal data identifying the User, enabling further contact and consideration of the complaint.
4. The Seller shall consider the complaint promptly, however no later than within 14 calendar days from the date of receipt of the complaint submission by the Seller.
5. In the event of deficiencies in the complaint, the Seller may contact the User requesting supplementation of the complaint to the necessary extent, for which the User shall have 7 days from the date of receipt of the request.
XIII. Information on Amicable Dispute Resolution for Consumers
1. Users who are Consumers have the possibility to resolve disputes arising between themselves and entities other than Consumers through amicable and out-of-court procedures.
2. The following entities may be used for resolving disputes in the manner described in this section:
a. a permanent consumer arbitration court, through which the User may submit a request for resolution of a dispute arising from a concluded agreement;
b. the Provincial Inspector of the Trade Inspection Authority, to whom the Consumer may submit a request to initiate mediation proceedings aimed at amicable settlement of the dispute between the Customer and the Seller;
c. a district (municipal) consumer rights ombudsman or a social organisation whose statutory tasks include consumer protection, in order to obtain assistance regarding the agreement.
3. Detailed information concerning out-of-court methods of handling complaints and pursuing claims may be found by the Consumer on the website of the Polish Office of Competition and Consumer Protection:
http://www.uokik.gov.pl
as well as at the offices and websites of district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection.
XIV. Intellectual Property – Content Available on the Store Website
1. All content available on the Store website, such as the name, domain, logo, Product descriptions, Product photographs, graphics, legal documents (Terms and Conditions, Privacy Policy), as well as any other descriptions and information published on the website (hereinafter referred to as the “Content”), constitute works within the meaning of the Act on Copyright and Related Rights and are protected under copyright law.
2. The Seller declares that the economic copyrights vested in the Seller are not in any way limited or encumbered by third-party rights.
3. The Seller declares that, depending on the Content available on the Store website, the Seller has the right to grant a licence or sublicense for the use of such Content under the rules consistent with the Act on Copyright and Related Rights.
4. For the purposes of these Terms and Conditions, the term “Licence” shall mean both a licence and a sublicense within the meaning of the Act on Copyright and Related Rights.
5. With respect to all Content published on the Store website referred to in subsection 1 above, the Seller grants the User, for an indefinite period, a free-of-charge, worldwide and non-exclusive Licence to use all such Content (hereinafter referred to as the “Licensed Subject Matter”).
6. The Seller grants the User a Licence to use the Licensed Subject Matter in the following fields of exploitation concerning the use of the Content in any form exclusively for the User’s personal use, namely:
a. viewing the Content on the Store website while using the Store;
b. printing the Content solely for the User’s own non-commercial purposes;
c. temporary reproduction of the Content in the memory of a device for the purpose of using the Store in accordance with its intended purpose.
7. The Seller grants the User the Licence to the Content published on the Store website at the moment the User accesses the relevant pages.
8. The User shall not be entitled to grant sublicences within the scope of the Licences granted under this section of the Terms and Conditions.
9. Without the Seller’s consent, the User shall not distribute, modify, make available or otherwise use the Licensed Subject Matter in any manner exceeding the scope specified above.
10. Any breach by the User of the rules specified in this section shall constitute infringement of the Seller’s copyrights or the rights of other entities, which may result in civil and criminal liability.
XV. Personal Data and Cookies
1. The provision of personal data by the User through the Store website, for example by entering personal data into forms available on the website or by concluding a Sales Agreement, results in the Seller becoming the controller of such data within the meaning of personal data protection regulations (GDPR).
2. The User’s personal data may also be processed through the use of cookies.
3. More information regarding the processing of personal data and the use of cookies can be found in the Privacy and Cookies Policy.
XVI. Final Provisions
1. These Terms and Conditions are available in Polish and English.
2. These Terms and Conditions and agreements concluded through them shall be governed by Polish law. However, if the provisions of the law applicable to the Consumer or Entrepreneur with Consumer Rights according to their place of residence provide for broader protection than the provisions of Polish law, the regulations more favourable to the Consumer or Entrepreneur with Consumer Rights shall apply.
3. The law applicable to the resolution of all disputes arising under these Terms and Conditions shall be Polish law, unless mandatory provisions of law provide otherwise.
4. In the case of disputes involving Users who are Consumers or Entrepreneurs with Consumer Rights, the court having territorial jurisdiction shall be the court competent in accordance with the provisions of the Polish Code of Civil Procedure, whereas in the case of disputes involving Users who are Entrepreneurs, the court having territorial jurisdiction shall be the court competent for the Seller’s registered office.
5. These Terms and Conditions may be amended in the event of changes in legal regulations, changes to the Seller’s contact details, introduction of modifications regarding customer service, such as changes to Product delivery methods, changes to the Store’s assortment affecting the provisions of these Terms and Conditions, or introduction of changes through addition or removal of functions available on the website which may affect the content of these Terms and Conditions – of which Users shall be informed by publication of information by the Seller on the Store’s homepage.
6. Users having an Account in the Store shall also be informed of changes by electronic message sent to the e-mail address used to create the Account.
7. Amendments to these Terms and Conditions shall enter into force within 14 days from the date of their announcement.
8. Where amendments to these Terms and Conditions concern rules related to the use and maintenance of the Account, Users having an Account who do not accept the new content of the Terms and Conditions shall be obliged to notify the Seller thereof within 14 days from the date of being informed about the amendment. Failure to accept the Terms and Conditions shall be equivalent to termination of the Agreement for the Provision of the Electronic Service consisting of maintaining the Account, and consequently the User’s Account shall be deleted.
9. Amendments to these Terms and Conditions may not affect rights and obligations arising from agreements concluded before the amendments were introduced. For such agreements, the version of the Terms and Conditions accepted by the User at the time of conclusion of the agreement shall apply.
10. These Terms and Conditions in their current version are effective as of 21 May 2026.