§ 1 General provisions
1. The terms used in these Terms and Conditions shall have the following meanings:
a. Terms and Conditions – these Terms and Conditions of the Online Store;
b. Shopping Cart – an element of the Online Store software where the Goods selected by the Customer for purchase are displayed, and where the Customer can determine and modify the Order, including the number of Goods;
c. Online Store – a store operated by the Seller, available at the website address www.nusaspa.pl
d. Customer – a natural person, legal person, or organizational unit without legal personality but with legal capacity, using the Online Store;
e. Consumer – a Customer who is a natural person using the Online Store, including in particular making purchases for purposes not directly related to their business or professional activity (in accordance with Article 221 of the Civil Code);
f. Goods – the assortment available in the Online Store (including services) which is the subject of the Sales Agreement between the Customer and the Seller;
g. Order – a declaration of will by the Customer aimed directly at concluding a Sales Agreement with the Seller;
h. Seller or Nusa Spa – The Seller and administrator of the Nusa Spa brand is NUSA SPA limited liability company with its registered office in Warsaw (02-508) at ul. Puławska 39/40, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000990609, NIP: 5213983070, share capital: PLN 50,000.00;
i. Newsletter – a service provided by the Seller to the Customer consisting of sending commercial information by electronic means of communication in accordance with the Act on the provision of electronic services on goods offered by the Seller and on promotions and other marketing campaigns organized by the Seller;
j. Sales Agreement – an agreement for the sale of Goods concluded or entered into between the Customer and the Seller via the Online Store;
k. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons about the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
l. Act of Services – Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws 2020, item 344); m. KC Act of April 23, 1964 – Civil Code (i.e., Journal of Laws 2020, item 1740);
2. These Terms and Conditions define:
a. rules for using the Online Store;
b. rules and conditions for placing Orders for Goods available in the Online Store;
c. rules for the delivery of ordered Goods to the Customer by the Seller,
d. payment of the sale price of the Goods by the Customer;
e. the Customer’s right to cancel the Order for Goods and withdraw from the Sales Agreement;
f. rules for submitting and considering complaints/warranties.
3. To use the Online Store, the Customer must have a device connected to the Internet with a popular web browser installed. The Customer is not required to install any additional extensions or plug-ins.
4. To use the Online Store and place Orders for Goods available in the Online Store, the Customer is required to have an active email account.
5. As part of its online store, the Seller provides the Customer with electronic services within the meaning of the Act on the provision of services by electronic means in the scope of sending the Newsletter and handling Orders.
6. Pursuant to Article 8(3)(2)(b) of the Act of Services, Customers using the Online Store website are obliged not to post any unlawful content on this website.
7. Browsing the Goods available in the Online Store does not require registration.
8. Customers may place orders for Goods available in the Online Store after providing the necessary personal and address details to enable the order to be processed without registering.
9. The prices displayed in the Online Store, as well as the descriptions of the Goods, constitute only commercial information and not an offer within the meaning of the Civil Code. They become binding for the purposes of concluding a Sales Agreement only upon confirmation of the acceptance of the Order for execution by the Seller.
10. The online store available at the website address: nusaspa.pl is operated by NUSA SPA sp. z o.o.
§ 2 Placing order
1. In order to place an Order, the Customer should:
a. visit the Online Store website;
b. select the Goods and then add them to the Shopping Cart using the “Add to cart” button;
c. go to the aforementioned Shopping Cart;
d. indicate the delivery address for the Goods;
e. select the payment method;
f. make payment for the Goods;
g. accept the necessary consents, verify the shipping details provided;
h. click the “Buy and pay” button.
2. When placing an Order, the Customer is obliged to provide correct data enabling payment processing and delivery of the Goods. The Seller reserves the right to verify the Customer’s personal data set out above by contacting the Customer, including by e-mail.
3. If the Customer provides false or outdated personal data, or if it is not possible to contact the Customer, the Seller reserves the right to refuse to conclude the Sales Agreement. The inability to contact the Customer shall be deemed the Customer’s failure to respond within 7 (seven) days from the date of sending an email to the Customer’s email address. In such a situation, the Customer shall receive a refund of the funds paid.
4. After placing an Order, the Seller shall send a notification to the Customer’s email address confirming receipt of the Order by the Seller, together with the detailed scope of the Order.
5. The sales agreement is concluded when the Customer receives an email notification from the Seller confirming acceptance of the Order.
6. The prices of all Goods displayed in the Online Store are expressed in Polish zlotys and include VAT if it is due in accordance with applicable regulations (they are described as gross amounts).
7. The price displayed next to the Goods at the time the Customer places the Order is binding for the parties to the Sales Agreement.
8. In exceptional circumstances, if the Seller is unable to fulfill the entire Customer Order, they shall immediately inform the Customer thereof by sending a relevant notification to the Customer’s email address. The Customer shall then have the right to choose between accepting partial fulfillment of the Order or canceling the entire Order.
9. By concluding the Sales Agreement, the Customer confirms that they have read these Terms and Conditions and the privacy and cookie policy (available at: nusaspa.pl/polityka-prywatnosci), including confirmation that they have been notified of their right to withdraw from the Sales Agreement (within 14 days from the date of delivery of the Goods), as referred to later in the Terms and Conditions.
§ 3 Order fulfillment time, payment methods, delivery
1. The Customer is obliged to pay the final price, which is the sum of the purchase price of the Goods plus delivery costs.
2. Payments for Goods purchased in the Online Store shall be made by the Customer exclusively using the electronic payment systems available in the Online Store, i.e., tPay and payment cards.
3. The Customer cannot pay for part of the Order via tPay and for part of the Order with a payment card.
4. Payment for Goods purchased in the Online Store via available electronic payment systems is made at the time of placing the Order.
5. The moment of payment shall be deemed to be the moment when the funds are credited to the Seller’s bank account.
6. The Customer receives a receipt or VAT invoice from the Seller for the purchased Goods.
7. The Seller shall fulfill the Order within 3 (three) business days from the date of placing the Order by the Customer. However, the maximum delivery time for the Order shall not exceed 10 (ten) business days. The time required for delivery of the Goods by a courier company shall be added to the deadlines mentioned above, unless the Customer has chosen the option of personal collection.
8. Goods ordered by the Customer are delivered by the Seller, as a rule, within the territory of Poland. However, the Seller reserves the right to send Goods to other countries. To do so, please get in touch with the Seller by email.
9. The Seller shall deliver the ordered Goods to the Customer via a courier company.
10. Before accepting the Order, the Customer is obliged to check whether the packaging in which the purchased Goods were delivered has not been damaged in transit and whether the Goods are free from damage.
11. Upon receiving a shipment containing the Goods, the Customer is obliged to acknowledge receipt in the presence of the courier, noting that the shipment was delivered undamaged or that the shipment shows signs of damage, with a description of such damage.
12. If the packaging in which the Goods were delivered has been damaged, the Customer is obliged to draw up a damage report in the presence of the courier and immediately contact the Seller.
The place of performance of the service resulting from the Sales Agreement concluded between the Customer and the Seller is the place to which the Seller is obliged to deliver the purchased Goods in accordance with the content of the Order placed by the Customer.
§ 4 Complaints
1. The Seller shall be liable under the warranty for physical and legal defects of the Goods on the terms specified in Articles 556-576 of the Civil Code.
2. The risk of accidental loss or damage to the purchased Goods shall pass to the Customer upon delivery to the Customer.
3. The Seller does not provide the Customer with a warranty for Goods purchased by them in the Online Store.
4. Unless the Customer indicates otherwise in the Order, the Seller assumes that the Customer is a Consumer or an entrepreneur who is a natural person purchasing a non-professional nature and will consider the Customer’s complaint in accordance with the rules applicable to Consumers.
5. When sending a complaint to the Seller’s address: biuro@nusaspa.pl, the Customer should provide at least the following information:
a. the type of defect found,
b. a description of how the Goods will be brought into compliance with the Sales Agreement by repair or replacement with new Goods, or a statement of price reduction or withdrawal from the Sales Agreement,
c. how the Customer will be notified of the outcome of the complaint,
d. contact details of the Customer submitting the complaint, necessary to notify them of the Seller’s decision on the complaint.
6. The Customer should attach the Goods subject to complaint to the complaint, present proof of purchase (VAT invoice), and indicate the Order number.
7. The Customer will be notified of the Seller’s decision regarding the complaint within 14 days from the date of its submission in the manner indicated by the Customer when submitting the complaint.
8. In case of any doubts related to the complaint procedure, the Customer may contact the Seller by sending an appropriate message to the Seller’s e-mail address, i.e.: biuro@nusaspa.pl.
§ 5 Withdrawal from the sales agreement
1. A consumer who has concluded a distance or off-premises contract, as well as an entrepreneur who is a natural person purchasing a non-professional nature, has the right to withdraw from the concluded Sales Agreement within 14 days from the date of delivery of the Goods without giving any reason, in accordance with the Act of May 30, 2014 – on consumer rights.
2. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
3. If the right referred to in the paragraph above is exercised, the entitled party is obliged to inform the Seller thereof by submitting a statement of withdrawal from the Sales Agreement on the form provided by the Seller below, which may be sent by e-mail to the Seller’s address: biuro@nusaspa.pl. A statement of withdrawal from the contract submitted after the deadline referred to in paragraph 1 above shall have no legal effect.
4. The Seller shall provide the Customer with a withdrawal form and information on exercising the right to withdraw from the Sales Agreement in electronic form (as a template available for download at www.nusaspa.pl).
5. If the declaration of withdrawal is submitted electronically via the electronic withdrawal form, the Seller shall immediately send the Customer confirmation of receipt of the declaration of withdrawal from the Sales Agreement.
6. Goods returned by the Customer in connection with withdrawal from the Sales Agreement must be complete and, for hygiene reasons, must not be opened or used. The Consumer is obliged to attach the sales document and a completed and signed return form to the returned Goods.
7. The Consumer is obliged to return the Goods immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement.
8. If the Goods delivered by the Consumer are incomplete or show signs of use beyond normal handling, the Seller reserves the right to refuse to accept the shipment or to reduce the amount refunded by the difference in value between the undamaged Goods and the Goods returned by the Customer.
9. The consumer bears the direct costs of returning the Goods to the Seller. The customer is obliged to properly secure the returned Goods to prevent damage.
10. In the event of withdrawal from the Sales Agreement, all payments made will be transferred to the Customer’s bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the statement of withdrawal from the Sales Agreement. The costs of delivery of the Goods, which are subject to refund, do not include any additional expenses resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller. The refund will be made to the Customer’s bank account from which the purchase was made, unless this is not possible, in which case it will be made using the agreed payment method.
11. The Seller may withhold the refund of payments received from the Customer until the Goods are returned or the Customer provides proof of their return, whichever occurs first.
§ 6 Protection of personal data
1. The administrator of the personal data of the Customer who is a natural person is NUSA SPA limited liability company with its registered office in Warsaw (02-508) at ul. Puławska 39/40, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000990609, NIP: 5213983070, (hereinafter also referred to as: “Administrator”).
2. The Administrator processes the personal data of the persons referred to in § 1 in connection with purchases made in the Online Store, as well as in connection with the performance of the Sales Agreement (Article 6(1)(b) of the GDPR). Furthermore, data processing may be necessary for purposes other than those indicated above, and required in connection with the performance of financial settlement obligations, including tax obligations (Article 6(1)(c) of the GDPR). Furthermore, in certain situations, it is or may be necessary to process the indicated data for purposes other than those indicated above, which are required for the purposes of the legitimate interests pursued by the Controller (Article 6(1)(f) of the GDPR). In other cases, personal data will be processed only based on prior consent, within the scope and for the purpose specified in the consent (Article 6(1)(a) of the GDPR).
3. The provision of personal data by the Customer is a condition for the conclusion and performance of the Sales Agreement between the Customer and the Administrator. Failure by the Customer to provide all the required personal data will prevent the conclusion of the Sales Agreement. To the extent that personal data is collected with consent, the provision of such data is voluntary.
4. The Customer’s personal data will be processed for the period necessary to achieve the above-mentioned specific purposes, i.e. in the scope of concluding and/or performing the Sales Agreement and the Agreement concluded as part of the service, for the period until the conclusion of such Agreement or its performance, and after that time for the period and to the extent required by law (including, in particular, tax law provisions) or for the Administrator to pursue the Administrator’s legitimate interest specified above (consideration of complaints, limitation period for claims under the Sales Agreement). To the extent that the Customer has consented to the processing of personal data after the termination or expiry of the Agreement, such processing will continue until such consent is withdrawn.
5. The Customer’s personal data will not be used for profiling the Customer or for automated decision-making in relation to the Customer.
6. Personal data may be disclosed to employees or associates of the Administrator, as well as to entities providing support based on contracted services and in accordance with concluded agreements for the processing of personal data.
7. The Customer has the relevant rights under the GDPR, i.e. the right to access personal data, including the right to obtain a copy of such data, the right to request the rectification (correction) of personal data – if the data is incorrect or incomplete, the right to request the erasure of personal data, the right to request restriction of processing of personal data, the right to transfer personal data if the processing is based on a contract concluded with the data subject or on the consent of such a person and if the processing is carried out by automated means, the right to withdraw consent to the processing of personal data to the extent that the processing of the Customer’s personal data is based on consent, with the proviso that the withdrawal of consent does not affect the lawfulness of the processing of data carried out based on consent before its withdrawal.
8. If it is found that the processing of the Customer’s personal data by the Administrator violates the provisions of the GDPR, the Customer has the right to complain to the competent supervisory authority. The supervisory authority for the Administrator in the field of personal data is the President of the Personal Data Protection Office.
9. Detailed rules for the processing of personal data by the Administrator are set out in the Privacy Policy available at: nusaspa.pl/polityka-prywatnosci/.
§ 7 Final provisions
1. These Terms and Conditions shall come into force on June 1, 2025.
2. In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply, including the Civil Code and the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2017, item 683).
3. The Customer has the right to submit complaints to the Seller regarding the operation of the Online Store and the services provided by the Seller electronically. Complaints may be submitted by the Customer to the Seller by email to biuro@nusaspa.pl. The complaint will be considered within 14 days of its submission. The Customer will be notified of the outcome of the complaint in the same form in which the complaint was submitted (the above procedure does not apply to complaints under the warranty for defects in the Goods).
4. The Seller shall not be liable for any damage or harm caused by its actions or omissions resulting from incorrect data received from the Customer.
5. The Seller reserves the right to amend the Terms and Conditions without giving any specific reason. The amendments shall become effective upon their publication on the Online Store website in the Terms and Conditions tab.
6. If you have any questions or concerns regarding the Terms and Conditions, please send your comments to the Seller’s email address: biuro@nusaspa.pl.
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