1. Introductory provisions
    

   1. The online store Nizio Home, available at www.niziohome.pl, is operated by Jan Nizio conducting business under the name Nizio Home – Jan Nizio, entered in the Central Register and Information on Business Activity (CEIDG) kept by the minister competent for economic affairs, VAT ID 9182152601, REGON 368953657.

   2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely through the Store.
      
      

2. Definitions
    

   1. Consumer - a natural person concluding an agreement with the Seller within the Store, where the subject of the agreement is not directly related to their business or professional activity.

   2. Seller - a natural person conducting business under the name Nizio Home – Jan Nizio, entered in the Central Register and Information on Business Activity (CEIDG) kept by the minister competent for economic affairs, VAT ID 9182152601, REGON 368953657.

   3. Customer - any entity making purchases through the Store.

   4. Entrepreneur - a natural person, legal person or organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity in its own name and using the Store.

   5. Store - the online store operated by the Seller at www.niziohome.pl

   6. Distance agreement - an agreement concluded with the Customer within an organized system for concluding distance agreements, without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the agreement.

   7. Terms and Conditions - these Store terms and conditions.

   8. Order - the Customer’s declaration of intent submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

   9. Account - the Customer’s account in the Store, where data provided by the Customer and information about Orders placed by the Customer in the Store are stored.

   10. Registration Form - a form available in the Store enabling the creation of an Account.

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

   12. Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify Order details, in particular the quantity of products.

   13. Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

   14. Sales Agreement - a product sales agreement concluded or entered into between the Customer and the Seller through the online Store. Depending on the nature of the Product, the Sales Agreement also means a service agreement or a contract for specific work.
       
       

3. Contact with the Store
   
   

   1. Seller’s address: ul. Krzeszowska 47, 23-400 Biłgoraj

   2. Seller’s email address: office@niziohome.com

   3. Seller’s phone number: + 48 531 631 535

   4. Seller’s bank account number:
      PLN – PKO BP: PL 31 1020 5385 0000 9802 0144 8232
      EUR – PKO BP: PL 63 1020 5385 0000 9902 0136 6806
      

   5. The Customer may contact the Seller using the addresses and phone numbers provided in this paragraph.

   6. The Customer may contact the Seller by phone from Monday to Friday, from 8:00 to 16:00.
      
      

4. General information
   
   

   1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.

   2. Browsing the Store’s assortment does not require creating an Account. Placing Orders by the Customer for Products available in the Store is possible either after creating an Account in accordance with § 5 of the Terms and Conditions, or by providing the necessary personal and address details enabling the Order to be completed without creating an Account.

   3. Prices shown in the Store are given in Polish zloty and are gross prices, including VAT.

   4. The final amount payable by the Customer consists of the Product price and delivery cost, including transport, delivery and postal service fees, about which the Customer is informed on the Store pages when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

   5. In the case of an Agreement covering a subscription or services provided for an indefinite period, the final price is the total price including all payments for the billing period. If the nature of the subject of the Agreement does not reasonably allow the final price to be calculated in advance, information on how the price will be calculated, as well as transport, delivery, postal service fees and other costs, will be provided in the Store in the Product description.
      
      

5. Creating an Account in the Store
   
   

   1. To create an Account in the Store, the Registration Form must be completed. The following data must be provided:

      • First and last name           

      • Address

      • Delivery address

      • Email address

      • Contact phone number

      • VAT ID number (applies to Entrepreneurs)

   2. Creating an Account in the Store is free of charge.

   3. Logging into the Account is done by entering the login and password set in the Registration Form.

   4. The Customer may delete the Account at any time, without giving any reason and without incurring any fees, by sending an appropriate request to the Seller, in particular by email or in writing to the addresses provided in point 3.
      
      

6. Rules for placing an Order
   
   To place an Order, you must:

   1. Select the Product that is the subject of the Order and then click the “Add to cart” button;

   2. Select one of the available payment methods, depending on the payment method.

   3. Select the delivery method;

   4. Provide the data necessary for contact and delivery of the order or log in to the Store;

   5. Confirm that you have read the Terms and Conditions, Privacy Policy and consent to the processing of personal data.

   6. Pay for the order.
      
      

7. Offered delivery and payment methods
   
   

   1. The Customer may use the following methods of delivery or collection of the ordered Product: courier shipment, courier shipment with carrying service.

   2. Personal pickup is available at: ul. Krzeszowska 47, 23-400 Biłgoraj.

   3. The Customer may use the following payment methods:

      • Bank transfer to the Seller’s account

      • Online payment

      • Payment by card - Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

      • Installment payment
        
        

   4. Online payments are handled by external operators: Tpay (Krajowy Integrator Płatności S.A.), PayPal (Europe) S.à r.l. et Cie, S.C.A. and Stripe (Stripe Payments Europe, Limited).

   5. If it is necessary to refund funds for a transaction made by the Customer using a payment card, the Seller will make the refund to the bank account assigned to the Customer’s payment card.

   6. For card payments, the order processing time is counted from the moment of obtaining positive authorization.

   7. Detailed information about delivery methods and accepted payment methods can be found on the Store pages.
      
      

8. Performance of the Sales Agreement
   
   

   1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the online Store in accordance with point 6 of the Terms and Conditions.

   2. After placing the Order, the Seller immediately confirms its receipt and accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by sending the Customer an appropriate email to the email address provided when placing the Order, containing at least the Seller’s statements on receiving the Order, accepting it for processing and confirming the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

   3. If the Customer chooses:

      1. Payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement - otherwise the order will be canceled.

      2. Payment in an installment system after a positive decision on the application provided by the financing entity.

      3. Cash payment upon personal pickup of the shipment, the Customer is obliged to make the payment upon collecting the shipment within 7 days from receiving information that the shipment is ready for pickup.

   4. If the Customer has selected a delivery method other than personal pickup, the Product will be shipped by the Seller within the time specified in its description, subject to point 5 of this paragraph, in the manner selected by the Customer when placing the Order.

   5. A. In the case of ordering Products with different delivery times, the delivery time is the longest specified time.

      B. In the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

   6. The delivery period for the Product to the Customer begins as follows:

      1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date the Seller’s bank account is credited.

      2. If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within the time specified in the Product description. The Customer will additionally be informed by the Seller about the Product being ready for pickup by email sent to the email address provided when placing the Order.

   7. In the case of ordering Products with different pickup readiness dates, the Customer may pick up the Products in parts, according to their readiness for pickup, or pick up all Products after the entire order has been completed.

   8. The period for the Product to be ready for pickup by the Customer begins as follows:

      1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date the Seller’s bank account is credited.

      2. If the Customer chooses cash payment upon personal pickup – from the date of concluding the Sales Agreement.

   9. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. Product delivery costs, including transport, delivery and postal service fees, are indicated to the Customer on the online Store pages in the “Delivery costs” tab and when placing the Order, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.

   10. Personal pickup of the Product by the Customer is free of charge. 
       
       

9. Right of withdrawal from the agreement
   
   

   1. The Consumer may withdraw from the Sales Agreement within 100 days without giving any reason. The exception, in accordance with the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827, as amended), are Products made to individual order.

   2. The period specified in section 1 begins on the day the Product is delivered to the Consumer or to a person indicated by the Consumer other than the carrier.

   3. In the case of an Agreement covering many Products delivered separately, in batches or in parts, the period specified in section 1 begins on the day of delivery of the last item, batch or part.

   4. In the case of an Agreement involving regular delivery of Products for a fixed period, the period specified in section 1 begins from taking possession of the first item.

   5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.

   6. The statement may be sent by traditional mail or electronically by sending it to the Seller’s email address - the Seller’s contact details are specified in § 3. The statement may also be submitted using the form, the template of which constitutes Appendix No. 1 to these Terms and Conditions and an appendix to the Act of 30 May 2014 on Consumer Rights, although this is not mandatory.

   7. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.

   8. Effects of withdrawal from the Agreement:

      1. In the event of withdrawal from a distance agreement, the agreement is considered not concluded.

      2. In the event of withdrawal from the Agreement, the Seller shall refund the Consumer immediately, no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.

      3. The Seller will make the refund using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that does not involve any costs for the Consumer.

         d. The Seller may withhold the refund until the Product has been received back.

         e. The Consumer should send the Product back to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.

         f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by regular post.

         g. The Consumer is responsible for any reduction in the value of the Product resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the Product.

   9. The right to withdraw from a distance agreement does not apply to the Consumer in relation to an Agreement:

      1. where the subject of performance is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy the Consumer’s individualized needs,

      2. where the subject of performance is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery,

      3. where the subject of performance is an item that deteriorates quickly or has a short shelf life,

      4. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent and the Consumer was informed before the service began that after the Seller has fulfilled the service, the Consumer loses the right to withdraw from the Agreement,

      5. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires,

      6. where the subject of performance consists of items which, after delivery, due to their nature, become inseparably connected with other items,

      7. where the subject of performance consists of alcoholic beverages, the price of which was agreed upon when concluding the sales agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control,

      8. where the subject of performance consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery,

      9. for the delivery of newspapers, periodicals or magazines, except for a subscription agreement,

      10. for the delivery of digital content not supplied on a tangible medium, if the performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller informed the Consumer about losing the right to withdraw from the Agreement.
          
          

10. Complaint and warranty
    
    

    1. The Sales Agreement covers new Products.

    2. The Seller is obliged to deliver an item free from defects to the Customer.

    3. If a defect occurs in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions concerning statutory warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under statutory warranty.

    4. The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.

    5. It is recommended that the complaint include, among others, a concise description of the defect, the circumstances, including the date of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.

    6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if the Seller does not respond within this period, it is considered that the Customer’s request has been accepted as justified.

    7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.

    8. If a warranty has been granted for the Product, information about it as well as its content will be included in the Product description in the Store.
       
       

11. Processing of personal data
    
    

    1. Personal data is processed in accordance with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, hereinafter referred to as the “General Data Protection Regulation” or “GDPR”, and national regulations, in particular the Act of 10 May 2018 on the Protection of Personal Data.

    2. Personal data is processed on the basis of one of the following legal grounds:

       1. processing of personal data is necessary for the performance of an agreement, provision of electronic services, or to take steps prior to entering into an agreement, including in particular for the purpose of:

          • creating and managing the Account;

          • handling and fulfilling the Order;

          • carrying out the payment process;

          • ensuring the proper functioning and use of the service;

          • settling services provided by Nizio Home - Jan Nizio as the Seller within the service;

          • handling complaints and requests submitted via the contact form;

          • making contact in connection with the performance of the agreement or service;

          • processing of personal data is necessary to fulfill the rights and obligations imposed on the Data Controller, e.g. tax and accounting obligations;

    3. Processing is necessary for the purposes resulting from legitimate interests pursued by the Data Controller or by a third party, such as:

       • archiving data and documenting compliance with obligations related to personal data protection;

       • handling requests not directly related to the performance of the agreement;

       • ensuring the security of services provided;

       • debt collection;

       • pursuing claims in court and amicable proceedings;
         
         

    4. Personal data is processed on the basis of valid consent given by Users or Customers voluntarily and knowingly in relation to a specific purpose of data processing, clearly and specifically indicated in the content of that consent.

    5. Providing any personal data by Users is voluntary. However, providing the contact details referred to in § 6 section 4 of the Terms and Conditions is necessary to conclude and perform the agreement and to obtain the possibility of submitting declarations of acceptance of the offer made by the Seller within the service.

    6. When registering, the User may consent to the storage and processing of personal data contained in the registration form and collected in the account, for marketing, informational and promotional purposes concerning goods and companies, including in particular consent to receive messages or information from Nizio Home - Jan Nizio or other entities, with the consent of Nizio Home - Jan Nizio, including information regarding products or services of Nizio Home - Jan Nizio and other entities, with the consent of Nizio Home - Jan Nizio .
       Consent to data processing applies to receiving the above information or messages by email to the address provided by the User during registration.

    7. Each User has the right to exercise the rights referred to in § 6 section 10 of the Terms and Conditions. The User may exercise these rights through the Account or by correspondence to the address of Nizio Home - Jan Nizio with its registered office at ul. Krzeszowska 53, 23-400 Biłgoraj.

    8. If the User requests that Nizio Home - Jan Nizio delete the data provided in the registration form, in the manner specified in section 5, further provision of services by Nizio Home - Jan Nizio will be possible only to a limited extent.

    9. A User whose contact details are incomplete cannot use the possibility of accepting an offer for the sale of goods.

    10. Nizio Home - Jan Nizio uses IP addresses collected during internet connections for technical purposes related to server administration. In addition, IP addresses are used to collect general statistical information regarding the region from which the connection is made. This data is not linked to Users in any way.
        
        

12. Final provisions
    
    

    1. Agreements concluded through the online Store are concluded in Polish.

    2. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely changes in legal provisions, payment methods and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

    3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights; and the Act on Personal Data Protection.

    4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Customer may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

Terms and Conditions of the "Quantity Discount" promotion

1. 1. Promotion organizer: The organizer of the "Quantity Discount" promotion is Nizio Home - Jan Nizio.

   2. Conditions for receiving the discount: The "Quantity Discount" promotion applies to orders containing at least 2 products from the "Beds" or "Mattresses" categories. The discount amount depends on the number of ordered products:

      • 2 products – 3% discount,
      • 3 products – 5% discount,
      • 4 products – 7% discount,
      • 5 or more products – 10% discount.

   3. Discount calculation method: The discount will be automatically calculated in the cart after adding products that meet the promotion conditions.

   4. Returns: In the case of orders covered by the "Quantity Discount" promotion, only the entire order may be returned. Returns of individual products purchased as part of this promotion are not possible.

   5. Promotion duration: The promotion is valid from 06.11.2024 until canceled or while stocks last.

   6. Other provisions: The promotion may be combined with other discounts and special offers.

   7. General provisions: These terms and conditions form an integral part of the Store Terms and Conditions and should be interpreted together with their provisions.