TERMS AND CONDITIONS OF THE ONLINE STORE

www.noctis-bdsm.com

§ 1 General Provisions

1. The online store operating at www.noctis-bdsm.com is run by Adam Żaba Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office in Rędziny at ul. Orzeszkowej 5, 42-242 Rędziny, Poland, NIP (Tax Identification Number): 5730029036, REGON (Business Registry Number): 240011383, email address: biuro@chemal.com.pl.

2. These "Terms and Conditions" define the terms and conditions for concluding and terminating Sales Agreements for Products offered in the Store, the complaint procedure, as well as the types and scope of services provided electronically by the Store www.noctis-bdsm.com, the rules for providing these services, and the terms and conditions for concluding and terminating agreements for the provision of electronic services.

3. The Store operates in accordance with the rules set forth in these Terms and Conditions.

4. The Customer is obliged to familiarize themselves with the content of these Terms and Conditions before starting to use the Store.

5. Commencement of use of the Store is tantamount to acceptance of these Terms and Conditions by the Customer.

6. Only individuals of legal age may use the Store.

§ 2 Definitions

1. Seller/Service Provider – Adam Żaba Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office in Rędziny at ul. Orzeszkowej 5, 42-242 Rędziny, NIP (Tax Identification Number): 5730029036, REGON (Business Registry Number): 240011383, email address: biuro@chemal.com.pl.

2. Store – the online store operated by the Seller/Service Provider at the internet address www.noctis-bdsm.com.

3. Terms and Conditions – these Terms and Conditions of the Store.

4. Customer – any entity, i.e. a consumer or entrepreneur, making purchases via the Store.

5. Consumer – a physical person entering into a legal transaction with the Seller/Service Provider, acting as an entrepreneur, which is not directly connected with the Consumer’s business or professional activity.

6. Entrepreneur – a physical person, legal person, or organizational unit without legal personality to which a separate law grants legal capacity, conducting business activity in their own name, who uses the Store.

7. Registration Form – a form available in the Store enabling the creation of an Account.

8. Order Form – an interactive form available in the Store, enabling placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

9. Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for one or more Products with the Seller.

10. Cart – a component of the Store’s software in which the Products selected by the Customer for purchase are visible, and which enables the Customer to determine and modify the details of the Order, in particular the quantity of Products.

11. Product – a movable item offered for sale in the Store.

12. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The term Sales Agreement shall also be understood – depending on the nature of the Product – to include a contract for the provision of services or a contract for specific work.

13. Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication up to and including the time the agreement is concluded.

14. Payment – a payment made to the Seller’s account using the online payment methods available in the Store.

§ 3 Contact with the Store

1. Seller’s email address: noctisbdsm@gmail.com

2. Seller’s registered office: Adam Żaba Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office at Orzeszkowej 5 street, 42-242 Rędziny.

3. Seller’s phone number: +48 735 367 906

4. Seller’s bank account number: 62 1240 1213 1111 0011 5447 2664 at Bank Pekao S.A.

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in paragraphs 3.1, 3.2 and 3.3.

6. The Customer may contact the Seller by telephone from Monday to Friday between 6:00 a.m. and 2:00 p.m.

§ 4 Placing Orders

1. The Customer has the right to place an order in the Store without logging in.

2. In order to place an order in the Store, the Customer must:

a) select the Product to be ordered and then click the “Add to Cart” button (or an equivalent),

b) complete the Order Form by providing the recipient’s details, i.e. first name, last name, residential address, delivery address, email address, and provide invoice details if they differ from the recipient’s details,

c) choose one of the available payment methods,

d) choose one of the available delivery methods,

e) click the “Order and Pay” button and then confirm the order by clicking the link sent in an email message to the email address provided by the Customer,

f) send an email message with additional information regarding order customization, e.g. color.

3. Orders can be placed 24 hours a day, all year round.

4. A condition for placing an Order in the Store by the Customer is reading and accepting the provisions of the Terms and Conditions at the time of placing the Order.

§ 5 Conclusion of the Sales Agreement

1. In order to conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the method provided by the Seller, in accordance with § 4 of the Terms and Conditions.

2. After placing an Order, the Seller shall immediately confirm its receipt.

3. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending a relevant email message to the Customer’s email address, which includes:

a) the Seller’s statements regarding the receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement,

b) the total price of the goods, transportation costs, packaging costs, and assembly costs, if selected by the Customer,

c) a detailed description of the ordered product, including its dimensions, weight, color, and characteristics,

d) the order fulfillment time and delivery date.

4. Upon receipt by the Customer of the email referred to in paragraph 3, the Sales Agreement between the Seller and the Customer is concluded.

5. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

§ 6 Payment Methods

1. The Seller enables the Customer to make payments for products or services offered in the Store:

a) via electronic payment systems, such as Stripe,

b) by bank transfer to the Store’s bank account.

2. In the case of payment by bank transfer, the payment should be made to the following bank account number: 62 1240 1213 1111 0011 5447 2664, Bank Pekao S.A.

3. When making a bank transfer, the Customer should include the order number in the transfer title. The order number should also be provided in the payment title when using electronic payment systems, if possible.

§ 7 Delivery – Cost and Fulfillment Time

1. The cost of Product delivery is borne by the Customer and is provided at the time of placing the order.

2. The Seller offers the Customer the following delivery options for the Product:

a) Courier services – InPost, DPD, DHL, FedEx, GLS,

b) Direct delivery by the Seller.

3. Delivery of the goods takes place within the timeframe declared by the Seller, with the delivery time varying depending on the type of product, product availability, and the size of the order. In particular, the delivery time may be longer for products made to order.

4. The transportation service includes delivery to the address specified by the Customer or to a designated pickup point.

5. In the case of choosing direct delivery by the Seller, it is possible to purchase an additional service involving carrying the goods into the premises and assembly. The standard delivery option does not include carrying goods inside or assembly services.

6. The Seller is not responsible for an incorrectly provided address and any costs incurred as a result of the Customer providing incorrect address information.

7. In the case of delivery via a courier company, the Customer is obliged to open the packaging and ensure that the goods are in an undamaged condition. The Seller is not liable for the goods after they have been handed over to the courier company.

8. The Seller will not resend goods that were not collected or were refused by the Customer unless the Customer covers the costs of reshipping within 14 days of the failed delivery attempt. The Seller will resend the goods without additional charges if these conditions are met.

9. The commencement of order fulfillment is conditional upon receipt of payment from the Customer.

TERMS AND CONDITIONS OF THE ONLINE STORE

www.noctis-bdsm.com

§ 1 General Provisions

1. The online store operating at www.noctis-bdsm.com is run by Adam Żaba Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office in Rędziny at ul. Orzeszkowej 5, 42-242 Rędziny, NIP (Tax Identification Number): 5730029036, REGON (Business Registry Number): 240011383, email address: biuro@chemal.com.pl.

2. These "Terms and Conditions" define the terms and conditions for concluding and terminating Sales Agreements for Products offered in the Store, the complaint procedure, as well as the types and scope of services provided electronically by the Store www.noctis-bdsm.com, the rules for providing these services, and the terms and conditions for concluding and terminating agreements for the provision of electronic services.

3. The Store operates in accordance with the rules set forth in these Terms and Conditions.

4. The Customer is obliged to familiarize themselves with the content of these Terms and Conditions before starting to use the Store.

5. Commencement of use of the Store is tantamount to acceptance of these Terms and Conditions by the Customer.

6. Only individuals of legal age may use the Store.

§ 2 Definitions

1. Seller/Service Provider – Adam Żaba Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office in Rędziny at ul. Orzeszkowej 5, 42-242 Rędziny, NIP (Tax Identification Number): 5730029036, REGON (Business Registry Number): 240011383, email address: biuro@chemal.com.pl.

2. Store – the online store operated by the Seller/Service Provider at the internet address www.noctis-bdsm.com.

3. Terms and Conditions – these Terms and Conditions of the Store.

4. Customer – any entity, i.e. a consumer or entrepreneur, making purchases via the Store.

5. Consumer – a physical person entering into a legal transaction with the Seller/Service Provider, acting as an entrepreneur, which is not directly connected with the Consumer’s business or professional activity.

6. Entrepreneur – a physical person, legal person, or organizational unit without legal personality to which a separate law grants legal capacity, conducting business activity in their own name, who uses the Store.

7. Registration Form – a form available in the Store enabling the creation of an Account.

8. Order Form – an interactive form available in the Store, enabling placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

9. Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for one or more Products with the Seller.

10. Cart – a component of the Store’s software in which the Products selected by the Customer for purchase are visible, and which enables the Customer to determine and modify the details of the Order, in particular the quantity of Products.

11. Product – a movable item offered for sale in the Store.

12. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The term Sales Agreement shall also be understood – depending on the nature of the Product – to include a contract for the provision of services or a contract for specific work.

13. Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication up to and including the time the agreement is concluded.

14. Payment – a payment made to the Seller’s account using the online payment methods available in the Store.

§ 3 Contact with the Store

1. Seller’s email address: noctisbdsm@gmail.com

2. Seller’s registered office: Adam Żaba, conducting business under the name Firma Handlowo-Usługowo-Produkcyjna “Chemal,” with its registered office in Rędziny at ul. Orzeszkowej 5, 42-242 Rędziny.

3. Seller’s phone number: +48 735 367 906

4. Seller’s bank account number: 62 1240 1213 1111 0011 5447 2664 at Bank Pekao S.A.

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in paragraphs 3.1, 3.2 and 3.3.

6. The Customer may contact the Seller by telephone from Monday to Friday between 6:00 a.m. and 2:00 p.m.

§ 4 Placing Orders

1. The Customer has the right to place an order in the Store without logging in.

2. In order to place an order in the Store, the Customer must:

a) select the Product to be ordered and then click the “Add to Cart” button (or an equivalent),

b) complete the Order Form by providing the recipient’s details, i.e. first name, last name, residential address, delivery address, email address, and provide invoice details if they differ from the recipient’s details,

c) choose one of the available payment methods,

d) choose one of the available delivery methods,

e) click the “Order and Pay” button and then confirm the order by clicking the link sent in an email message to the email address provided by the Customer,

f) send an email message with additional information regarding order customization, e.g. color.

3. Orders can be placed 24 hours a day, all year round.

4. A condition for placing an Order in the Store by the Customer is reading and accepting the provisions of the Terms and Conditions at the time of placing the Order.

§ 5 Conclusion of the Sales Agreement

1. In order to conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the method provided by the Seller, in accordance with § 4 of the Terms and Conditions.

2. After placing an Order, the Seller shall immediately confirm its receipt.

3. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending a relevant email message to the Customer’s email address, which includes:

a) the Seller’s statements regarding the receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement,

b) the total price of the goods, transportation costs, packaging costs, and assembly costs, if selected by the Customer,

c) a detailed description of the ordered product, including its dimensions, weight, color, and characteristics,

d) the order fulfillment time and delivery date.

4. Upon receipt by the Customer of the email referred to in paragraph 3, the Sales Agreement between the Seller and the Customer is concluded.

5. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

§ 6 Payment Methods

1. The Seller enables the Customer to make payments for products or services offered in the Store:

a) via electronic payment systems, such as Stripe,

b) by bank transfer to the Store’s bank account.

2. In the case of payment by bank transfer, the payment should be made to the following bank account number: 62 1240 1213 1111 0011 5447 2664, Bank Pekao S.A.

3. When making a bank transfer, the Customer should include the order number in the transfer title. The order number should also be provided in the payment title when using electronic payment systems, if possible.

§ 7 Delivery – Cost and Fulfillment Time

1. The cost of Product delivery is borne by the Customer and is provided at the time of placing the order.

2. The Seller offers the Customer the following delivery options for the Product:

a) Courier services – InPost, DPD, DHL, FedEx, GLS,

b) Direct delivery by the Seller.

3. Delivery of the goods takes place within the timeframe declared by the Seller, with the delivery time varying depending on the type of product, product availability, and the size of the order. In particular, the delivery time may be longer for products made to order.

4. The transportation service includes delivery to the address specified by the Customer or to a designated pickup point.

5. In the case of choosing direct delivery by the Seller, it is possible to purchase an additional service involving carrying the goods into the premises and assembly. The standard delivery option does not include carrying goods inside or assembly services.

6. The Seller is not responsible for an incorrectly provided address and any costs incurred as a result of the Customer providing incorrect address information.

7. In the case of delivery via a courier company, the Customer is obliged to open the packaging and ensure that the goods are in an undamaged condition. The Seller is not liable for the goods after they have been handed over to the courier company.

8. The Seller will not resend goods that were not collected or were refused by the Customer unless the Customer covers the costs of reshipping within 14 days of the failed delivery attempt. The Seller will resend the goods without additional charges if these conditions are met.

9. The commencement of order fulfillment is conditional upon receipt of payment from the Customer.

§ 8 Products

1. The Seller offers in the Store both products that are part of the standard assortment and products that are not in stock and are manufactured specifically upon the Customer’s request.

2. Products manufactured specifically upon the Customer’s request are products that are not available in the standard offer on the website or are available but are ordered in a modified version according to the Customer’s specifications.

3. Products manufactured specifically upon the Customer’s request also include products listed in the offer, whether with customization options or without, which are not in stock and require manufacturing.

4. Each time, the product offer for items referred to in paragraph 3 on the website will include information indicating that the product is not a standard item and is made specifically upon the Customer’s request.

§ 9 Characteristics of Leather Products

1. Some of the products offered by the Seller are made from genuine animal-derived leather. Leather requires proper use and care.

2. Genuine leather may exhibit natural features such as minor abrasions, color variations, creases, stretching, or fading. These are characteristic properties of natural leather and do not constitute defects.

3. Natural leather is not resistant to intense friction, tension, or mechanical damage. The use of leather products may expose them to abrasion, particularly in areas of frequent contact. Wear of the material does not constitute grounds for a complaint.

4. The leather surface may gradually wear, especially the top layer of dye. This is a natural process in the use of leather.

5. Leather is exposed to sunlight, moisture, and certain chemicals.

6. Leather care should be carried out using specialized products designed for natural leather. A test should first be performed on an inconspicuous area. Improper care does not constitute grounds for a complaint.

7. Genuine leather may stain bare, particularly sweaty, skin upon direct contact.

§ 10 Complaints

1. The Seller is obliged to deliver to the Customer a product that is in conformity with the contract and free from defects.

2. The Seller is liable towards the consumer if the product has a physical or legal defect (warranty for defects).

3. A product is deemed to be in conformity with the contract if it matches the description provided in the Store. In particular, the following shall not be considered defects:

a) a difference in the size of the product compared to the ordered size within a tolerance of +/- 1 cm,

b) differences in the shade of color of the ordered product due to the fact that actual colors may vary depending on the display settings on which the product was viewed,

c) minor damage to the product, understood as defects that are not visible to the naked eye and under diffused light from a distance of 3 meters perpendicular to the place of the damage.

4. In the event of non-conformity of the product with the contract, if the Customer discovers a defect in the product within two years from the date of its receipt, they should inform the Seller by submitting a complaint.

5. The Customer may submit a complaint in writing by:

a) sending an email to the following address: noctisbdsm@gmail.com,

b) sending a letter to the address: Chemal Leśna 45, 42-270 Niwki.

6. In the complaint submission, the Customer is required to precisely describe the subject of the complaint, including in particular:

a) the order number,

b) their contact details,

c) the product concerned by the complaint,

d) a detailed description of the defect, including the date it was detected (or occurred),

e) a description of how the defect arose (if possible),

f) any other relevant information.

7. When submitting a complaint, the consumer should, if possible, also provide photographic documentation, which will expedite the complaint review process. In the absence of such documentation, the final decision on whether to accept or reject the complaint will be made only after the Seller inspects the product.

8. Regardless of whether the consumer provided photographic documentation, in order to assess the defect or non-conformity of the product with the contract, the consumer is obliged to make the product available to the Seller, and the Seller is obliged to collect it at their own expense. Failure to make the product available will result in the refusal to accept the complaint.

9. The Seller shall respond to the consumer’s complaint promptly, but no later than within 14 days from the date of submission of the complaint. In the case of a complaint from a Customer who is a consumer, failure to address the complaint within 14 days from its submission shall be deemed as acceptance of the complaint. The response to the complaint will be provided in writing, i.e. either via email to the Customer’s email address or by letter sent to the provided correspondence address.

10. In the event the complaint is accepted, the Seller shall:

a) repair the product or replace it with a new one and redeliver the product to the Customer,

b) reduce the price of the product (the reduced price must reflect the proportion between the value of the goods in conformity with the contract and the goods not in conformity with the contract), subject to the express consent of the consumer.

11. In matters not regulated herein, the provisions of law governing warranty for defects shall apply.

§ 11 Right of Withdrawal from the Agreement

1. A Customer who is also a consumer, who has concluded a distance contract or a contract concluded outside the business premises, has the right to withdraw from the agreement within 14 days from the date of conclusion of the contract, without stating any reason and without incurring costs, except for costs specified in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, consolidated text as of 21 February 2020). The fourteen-day period during which the Consumer may withdraw from the agreement shall be counted, in the case of an agreement under which the Seller is obliged to transfer ownership of the Product, from the date on which the Consumer (or a third party indicated by them other than the carrier) took possession of the Product.

2. The right of withdrawal from the agreement is exercised by sending to the Seller at noctisbdsm@gmail.com an unequivocal statement of withdrawal from the agreement, which must be sent before the expiry of the period specified in section 1.

3. The Seller shall promptly confirm receipt of the statement of withdrawal by sending an e-mail message to the Customer’s e-mail address.

4. Upon receiving the Customer’s statement of withdrawal from the agreement, the Seller shall refund the Customer’s payment within 14 days to the bank account from which the payment was made or to the account indicated by the Customer.

5. The right of withdrawal from the agreement does not apply in situations where:

a) the contract concerns the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the provision of the service that after its performance by the entrepreneur, the consumer would lose the right to withdraw from the contract, and has acknowledged this;

b) the subject of the performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs;

c) it concerns the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has commenced performance with the consumer’s express and prior consent, who was informed before the performance began that after the performance by the entrepreneur, they would lose the right to withdraw from the agreement, and has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act on Consumer Rights.

6. The goods referred to in section 5 letter b (i.e., from which the right of withdrawal does not apply) are products specified in § 8 sections 2, 3, and 4.

7. A consumer withdrawing from the Sales Agreement in accordance with this paragraph shall bear only the costs of returning the Product to the Seller.

8. In the event of withdrawal from the agreement, the Sales Agreement is deemed not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without undue delay, but no later than within 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before it expires.

9. The Consumer is liable for any diminution in the value of the Product resulting from using it in a manner exceeding what is necessary to ascertain its nature, characteristics, and functioning.

10. The Seller shall refund the value of the Product together with the cost of its delivery using the same payment method as that used by the Consumer, unless the Consumer has expressly agreed to another method of refund which does not entail any costs for them. Subject to section 7 of this paragraph, the refund shall be made promptly and no later than within 14 days from the moment the Seller receives the Consumer’s statement of withdrawal from the Sales Agreement.

11. If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of having sent it back, whichever occurs first.

§ 12 Personal Data

1. The controller of the Customers’ personal data collected via the Online Store is Adam Żaba, operating a business under the name Firma Handlowo-Usługowo-Produkcyjna “Chemal”, with its registered office in Rędziny, at ul. Orzeszkowej 5, 42-242 Rędziny, NIP No.: 5730029036, REGON No.: 240011383, e-mail address: biuro@chemal.com.pl

2. Customers’ personal data collected by the controller via the Online Store are collected for the purpose of performing the Sales Agreement and, in the case of account creation, for the purpose of managing the account, and if the Customer consents – also for marketing purposes.

3. The recipients of the Customers’ personal data may be third parties if necessary for the performance of the agreement. In the case of a Customer using electronic payment methods in the Online Store, the controller shall share the Customer’s personal data with the selected entity handling such payments in the Online Store.

4. The Customer has the right at any time to access the content of their data, as well as to rectify it or request its deletion.

5. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the agreement or create an account results in the inability to conclude the agreement or create the account.

§ 13 Disruptions in Website Functionality

1. To the maximum extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, incompatibility of the Online Store with the Customer’s technical infrastructure, or other causes beyond the Seller’s control.

2. The Seller shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by the necessity to carry out technical maintenance.

3. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.

4. Prices indicated in the Store are given in Polish zloty and are gross prices (including VAT).

§ 14 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables, via the Store, the use of the Electronic Service consisting of concluding Sales Agreements for Products.

2. The provision of the Electronic Service to the Service Recipients in the Store takes place under the terms specified in the Terms and Conditions.

3. The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

§ 15 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:

a) a terminal device with Internet access and a standard web browser (e.g. computer, tablet),

b) a standard operating system,

c) an active e-mail account,

d) enabled support for cookies,

e) installed Flash Player software.

2. The provision of the Electronic Service referred to in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.

3. The agreement for the provision of the Electronic Service consisting of enabling the placement of Orders in the Store is concluded for a definite period and terminates upon placing the Order or upon cessation of placing the Order by the Service Recipient.

4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account respect for personal rights and intellectual property rights of third parties.

5. The Service Recipient is obliged to provide data consistent with the actual state of affairs.

6. The Service Recipient is prohibited from providing unlawful content.

7. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to: noctisbdsm@gmail.com. The above e-mail should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. Providing such information will significantly facilitate and expedite the handling of the complaint by the Service Provider.

8. The Service Provider shall consider the complaint promptly, no later than within 14 days from its submission.

9. The Service Provider’s response to the complaint shall be sent to the e-mail address of the Service Recipient provided in the complaint or to another address indicated by the Service Recipient.

§ 16 Final Provisions

1. Contracts concluded via the Online Store are concluded in the Polish language.

2. The Seller reserves the right to amend the Terms and Conditions at any time. All changes to the Terms and Conditions will be announced on the Store’s website and shall enter into force upon their publication.

3. The Seller reserves the right to introduce and withdraw offers, promotions, as well as to change the prices of products in the Store, without prejudice to the rights acquired by the Buyer, in particular the terms of contracts concluded prior to the change.

4. In matters not regulated herein, the provisions of generally applicable Polish law shall apply, in particular: the Act of 23 April 1964 – the Civil Code; the Act of 18 July 2002 on the provision of electronic services; the Act of 30 May 2014 on consumer rights; the Act of 10 May 2018 on personal data protection.

5. These Terms and Conditions are effective as of 1 April 2023.

6. In matters not governed by these Terms and Conditions, the provisions of Polish law shall apply, in particular:

- the Act of 18 July 2002 on the provision of electronic services,

- the Act of 30 May 2014 on consumer rights,

- the Act of 23 April 1964 – the Civil Code.

7. The failure of either party to exercise one or more rights provided for in these Terms and Conditions shall not constitute a waiver of such right(s). In the event that any provision of these Terms and Conditions is held to be invalid, the remaining provisions shall remain in full force and effect.

8. All materials posted on the website www.noctis-bdsm.com are the property of the Seller. Copying, dissemination, or use of such materials without the prior consent of the Seller is prohibited.

9. Should any part of these Terms and Conditions be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the invalid provision.

10. The store www.noctis-bdsm.com sells Products via the Internet.

11. The information contained on the Online Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the terms set out in its description.

12. The Seller shall not be liable for any loss, damage, claims, or costs, including any consequential or indirect damages or costs arising from the use of the Products.