Terms and conditions of the GOOD NOOT online shop

maintained by Lood is Good Sp. z o.o. with its registered office in Kraków, 35 Radzikowskiego Street, 31-315 Kraków, entered into the register of entrepreneurs conducted by the District Court for Kraków Śródmieście in Kraków, XI Economic Department of the National Court Register under the number KRS 0000603176, with the share capital of PLN 100 000,00, NIP 6762501904, REGON 363758678, e-mail address: [email protected], contact phone: +48 12 311 02 28.

§1
GENERAL INFORMATION

  1. The GOOD NOOT online shop Terms and Conditions, hereafter referred to as Terms and Conditions, define the rights and obligations of Customers, including, in particular, rules for using the online shop, rules for placing Orders, conditions for Order fulfillment, Customer rights to make complaints or submit declarations of withdrawal from the agreement, as well as rights, obligations and responsibilities of the Seller.
  2. These Terms and Conditions are addressed to all Customers using the GOOD NOOT online shop, unless specific provisions of the Terms and Conditions explicitly state otherwise.
  3. The possibility of fulfilling Orders is determined on the basis of the place indicated as the delivery address for the Products.
  4. The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of GOOD NOOT caused by force majeure, illicit acts of third parties or the incompatibility of the GOOD NOOT website with the technical infrastructure of the Customer.
  5. In order to use the GOOD NOOT online shop, the Customer needs to have:
    1. a terminal device with access to the Internet and a web browser,
    2. an active e-mail account,
    3. cookies enabled;

§2
DEFINITIONS

  1. Registration form – an interactive form available via GOOD NOOT that allows creating an individual Account;
  2. Order form – an interactive form available via GOOD NOOT that allows placing an Order without creating an Account, including specifying the method of delivery and payment;
  3. GOOD NOOT – an online shop operated by the Seller athttps://goodnoot.com;
  4. Customer – any entity purchasing products from the Seller via GOOD NOOT;
  5. Civil Code – the Act of 23 April 1964, (i.e. Journal of Laws 2020, item 1740 as amended).
  6. Consumer – a natural person who concludes an agreement with the Seller via GOOD NOOT, the subject of which is not directly related to their business or professional activity;
  7. Account – a set of resources in GOOD NOOT's IT system, identified by an individual name (login) and password provided by the Customer, in which the data given by the Customer and information about Orders placed by them with GOOD NOOT are stored;
  8. Product(s) – goods offered by the Seller via GOOD NOOT;
  9. Entrepreneur – a natural person, a legal person, or an organisational unit that is not a legal person and to which a separate act grants legal capacity, running a business that uses GOOD NOOT;
  10. Entrepreneur holding consumer rights – a natural person who purchases goods from the Seller under a sales agreement directly related to their business activity, provided that for them the content of the agreement indicates that it is not of professional nature arising in particular from the subject of their business activity made available on the basis of the provisions of the Central Registry and Information on Business Activity;
  11. Seller – Lood is Good Sp. z o.o. with its registered office in Kraków, 35 Radzikowskiego Street, 31-315 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XI Economic Division of the National Court Register under KRS number 0000603176, with a share capital of 100 000,00 PLN, NIP 6762501904, REGON 363758678;
  12. Agreement – agreement for the sale of Products concluded with the Customer through GOOD NOOT within an organised system of concluding distance agreements, without simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication;
  13. Order – the Customer's declaration of intent to purchase Products, made using the Order Form and aiming directly at the conclusion of the Agreement;

§3
ORDERING RULES

  1. Information about Products
  2. The Seller has placed information about the Products on the GOOD NOOT website, such as description, composition, calorific value, packaging weight, expiry dates, allergens, etc. Before using the Products, the Customer is obliged to read the information provided on the Product packaging.
  3. The Seller informs about the expiry dates of Products offered for sale on the GOOD NOOT website. The expiry dates of Products actually delivered may differ from those displayed on the website due to the rotation of Products in the warehouse.
  4. The final amount payable by the Customer consists of the price of the Product and the cost of delivery (including transportation, shipment and postal charges), of which the Customer is informed when placing the Order, including when expressing their wish to be bound by the Agreement.
  5. The prices of Products indicated in GOOD NOOT are given in Polish zloty and are gross prices (including VAT). These prices do not include delivery costs.
  6. The delivery costs indicated in GOOD NOOT are given in Polish zloty and are gross prices (including VAT).
  7. GOOD NOOT allows the possibility to introduce special discount programmes for Customers. The rules of participation in such programmes will be defined in separate regulations each time.
  8. The Seller reserves the right to make changes to prices of Products on an ongoing basis and to carry out and cancel all types of promotional campaigns and sales. The right referred to in the previous sentence shall not affect Orders placed before the effective date of price changes, promotional campaigns or sales.
  9. Account
  10. Viewing Products available in GOOD NOOT does not require creating an Account.
  11. Placing orders by the Customer for Products available in GOOD NOOT is possible either after creating an Account or by providing the necessary personal and contact details which enable the execution of the Order without creating an Account.
  12. In order to create an Account with GOOD NOOT, the Registration Form must be filled in. It is necessary for the Customer to provide the following data:
    1. in the case of Consumers: name and surname, residential address, shipping address, telephone number,
    2. in the case of Entrepreneurs holding consumer rights and in the case of Entrepreneurs: name and surname, company name, address, shipping address, telephone number and NIP number.
  13. Opening an Account with GOOD NOOT is free of charge.
  14. Logging into a Customer Account takes place by providing the login and password defined via the Registration Form.
  15. The Customer has the opportunity at any time, without giving any reason and without incurring any fees on this account, to remove the Account by sending the appropriate request to the Vendor, in particular via email or in writing to the addresses indicated in the introductory part of the Terms and Conditions.
  16. In the event of Account deletion, all data shall be deleted, with the exception of data necessary to conduct the complaint process and handle potential claims, which shall be stored until the expiration of the period of limitation of claims arising from completed Orders. The Seller reserves the right to automatically delete the Customer's Account after a period of 3 years from the date of the last activity in the Account.
  17. Placing Orders
  18. An Order is understood as acceptance by the Customer of GOOD NOOT's offer, preceded by acceptance of the choice of Products and choice of payment and delivery method.
  19. In order to place an Order and conclude the Agreement the following steps must be taken:
    1. if the Customer has an Account with GOOD NOOT - logging in to the Account with GOOD NOOT, selecting the Product(s) that are the subject of the Order and then adding them "To the basket" (or equivalent);
    2. if the Customer does not have an Account with GOOD NOOT (Order as a guest) - selecting the Product(s) that are the subject of the Order, adding them "to the basket" and completing the Order Form by entering the required data, including the data of the recipient of the Order, the email address and address to which the Product is to be delivered, selecting the method of delivery of the Product;
    3. in case of having a promotion code, entering the code details;
    4. clicking the "Order and pay" button to confirm the Order and confirming to have read these Terms and Conditions,
    5. choosing one of the available payment methods and, depending on the payment method, paying for the Order within a specified period.
  20. After placing an Order and paying for it, the Seller immediately accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing takes place by sending the Customer the appropriate e-mail message sent by GOOD NOOT to the address specified by the Customer during Account registration or during filling in the Order Form, containing, among others: Order number, delivery address, Order value and the Seller's statement of acceptance of the Order for processing. The moment the Customer receives the above e-mail the Contract is concluded.
  21. Orders from Customers are accepted seven days a week, 24 hours a day, via the GOOD NOOT website, with the exception of temporary shutdowns of the GOOD NOOT website carried out for the purpose of performing upgrades or maintenance of the IT infrastructure or due to failures or other causes beyond the Seller's control. Orders are processed on business days.

§4
DELIVERY AND PAYMENT

  1. All orders placed by the Customers are processed at specific times by GOOD NOOT's IT system, so the Customer cannot make changes to their order or cancel it.
  2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing.
  3. GOOD NOOT allows payment via the following payment methods:
    1. online card payment;
    2. payment by online transfer
    3. BLIK payment;
    4. and others currently supported by GOOD NOOT's IT system.
  4. If payment for an Order is not made within 3 working days of its placement, the Order will be automatically cancelled.
  5. GOOT NOOT shall deliver the purchased Products via the following delivery methods:
    1. courier delivery;
    2. collection at a parcel machine (paczkomat);
    3. collection at a collection point;
  6. The condition for the commencement of delivery of the Products is that the Seller's bank account is credited with the amount payable for the Order.
  7. The Seller does not bear responsibility for non-delivery of the Order or a delay in its delivery, resulting from force majeure, absence of a person authorized to receive the Order at the indicated address despite notification, and wrong or inaccurate delivery address given by the Client, as well as in the case of inability to complete the Order due to the impossibility of contacting the Client at the given e-mail address or telephone number.

§5
RULES OF PRODUCT COMPLAINT

  1. The Seller is obliged to deliver defect-free Products to the Customer. The Seller is liable to the Customer on account of warranty for defects of purchased Products under the principles specified in the Civil Code.
  2. The Customer has the opportunity to get acquainted with the delivered Products upon their receipt. In the case of incompatibility of the delivery with the order, the Customer should immediately notify the Seller and refuse to accept the Products which were not ordered.
  3. If the Products are damaged during transport or delivered with a manufacturing defect, the Customer is obliged to contact GOOD NOOT and send the Product back to the address of the Seller indicated in the introductory part of the Terms and Conditions with a simultaneous request for a refund for the Product and documented and adequate shipping costs. GOOD NOOT may also offer the Customer to send photos of the Product, including photos of labels, and if the Customer agrees to this method of handling the complaint, the complaint will be handled without the need for the Customer to send the Product back, unless the analysis of the photos reveals the need for a detailed analysis of the damage or defect in the Product.
  4. All complaints should be sent in writing to Lood is Good Sp. z o.o., ul. Radzikowskiego 35, 31-315 Kraków, via e-mail to: [email protected] or through a dedicated form available on the GOOD NOOT website.
  5. The Seller, unless a shorter complaint handling time is required by mandatory provisions of law, shall respond to each complaint immediately, no later than within 14 days of its receipt. The Seller shall inform the person submitting the complaint of the manner of processing the complaint in writing to the address provided in the complaint or by e-mail. Lack of information within the indicated time limit means that the complaint is accepted.
  6. The Customer will receive reimbursement for the Product complained about in the same form in which the payment was made, within 7 days from the date of complaint recognition.
  7. The Seller is not responsible for the quality of the Products if it deteriorated for reasons attributable to the Customer after the delivery of the Products (e.g. improper storage).
  8. GOOD NOOT informs about the voluntary possibility to use out-of-court dispute resolution. Detailed information on this subject and the rules of access to procedures are available in the offices and on the websites of consumer rights advisors for the region (city), social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website of the Office of Competition and Consumer Protection:www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

§6
RIGHT OF WITHDRAWAL

  1. The Consumer and Entrepreneur holding consumer rights may withdraw from the Agreement within 14 days from receipt of the Products. In the event of withdrawal from the Agreement, the Agreement shall be considered as not having been concluded.
  2. In the case of an Agreement which includes multiple Products which are delivered separately, in instalments or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, instalment or part.
  3. The right of withdrawal shall not apply - for health protection reasons - to Products which have been opened after delivery.
  4. A Consumer and an Entrepreneur holding consumer rights may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. In order to meet the deadline for withdrawal from the Agreement it is sufficient to send the statement of withdrawal from the Agreement before its expiry.
  5. The Consumer or Entrepreneur holding consumer rights is obliged to immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, if the Seller offered to collect the Product himself, attaching proof of purchase (receipt or invoice). To meet the deadline, it is sufficient to return the Product before its expiry to the address of the Seller.
  6. If a Consumer or Entrepreneur on the rights of a Consumer chose a way of delivery of the Product other than the cheapest offered way of delivery available in GOOD NOOT, the Seller is not obliged to reimburse the Consumer or Entrepreneur on the rights of a Consumer the additional costs incurred by them that exceed the cost of the cheapest way of delivery.
  7. The Consumer or Entrepreneur holding consumer rights shall bear the direct costs of returning the Product.
  8. In the case of withdrawal from the Agreement the Seller shall reimburse to the Consumer or Entrepreneur holding consumer rights immediately, no later than within 14 days from the date of receipt of the notice of withdrawal, all payments made by him, including the costs of delivery of the Products in accordance with the provisions of paragraph 5 above.
  9. The Consumer or Entrepreneur holding consumer rights is obliged to return to the Seller the Product in relation to which he has withdrawn immediately, but no later than within 14 days from the date on which he has withdrawn from the Agreement. In order to meet the deadline it is sufficient to return the Products before their expiry.
  10. The Seller shall refund the payment using the same payment methods that were used by the Consumer or the Entrepreneur holding consumer rights in the original transaction, unless the Consumer or the Entrepreneur holding consumer rights expressly agreed to a different solution that does not generate additional costs for the Seller.
  11. The Seller may withhold the reimbursement until he has received the Product back or until it has been provided with evidence of having sent the Product back, whichever event occurs first.

§7
CUSTOMER PERSONAL DATA

  1. The administrator of the Customer's personal data provided during Account setup or in the Order Form (including: name and surname, e-mail address, telephone number, delivery address) is Lood is Good Sp. z o.o. with its registered office in Kraków, ul. Radzikowskiego 35, 31-315 Kraków.
  2. Personal data provided by the Customer will be processed for the following purposes:
    1. realization and handling of Orders and execution of the Agreement;
    2. taking action at the request of the Customer, to whom the data relates, before concluding the Agreement;
    3. promotional purposes, for the implementation of loyalty programs prepared by the Vendor, including those combined with the use of the Good Lood App by the Customer;
    4. for marketing purposes, in the event that the Customer expresses his or her marketing consent.
  3. The recipients of the personal data will be entities cooperating with the Administrator who support him in daily operations by providing administrative, marketing, IT, electronic payment services and suppliers of orders placed via GOOD NOOT.
  4. Personal data provided for the purpose of processing and handling an Order will be stored for the following period:
    1. in the case of creating an Account in GOOD NOOT - for 3 years from the date of the last activity of the Account and the expiry of the limitation period for claims arising from completed Orders;
    2. in the case of deleting the Account - until the expiry of the limitation period for claims resulting from completed Orders, and in the case of deleting the Account all Customer data will be deleted, with the exception of data necessary for the complaint process and handling of possible claims, which data will be stored,
  5. Personal data processed for marketing purposes will be stored until the withdrawal of consent or until the Customer objects to their use.
  6. The Customer has the right to:
    1. request access to their personal data, rectification, erasure, restriction of processing, as well as the right to data portability,
    2. withdraw consent to data processing at any time, which does not affect the legality of data processing performed on the basis of this consent before its withdrawal,
    3. make a complaint to the President of the Office for Personal Data Protection.
  7. The data may be processed in an automated manner, including through profiling, involving the creation of personalized product offers available at GOOD NOOT, presenting them on the website and sending them in marketing messages, which may significantly affect the Customer by enabling him to purchase products at the prices specified in the offer.
  8. The provision of data is voluntary and at the same time it is a condition for the conclusion of the Agreement that is necessary for its implementation. Once the processing of personal data for the original purpose is completed, the data will not be further processed.
  9. All requests and demands regarding personal data need to be directed to our e-mail address: [email protected]
  10. Details of data processing can be found in our Privacy Policy.

§8
FINAL PROVISIONS

  1. Agreements concluded via GOOD NOOT are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions. The Seller shall inform the Customer about each change at least 14 days in advance to the e-mail address provided when registering the Account. The Client may submit a statement of non-acceptance of the new Terms and Conditions in writing or via e-mail to the e-mail address of the Seller. Upon receipt of the statement of non-acceptance of the new Terms and Conditions, the Seller shall delete the Account held by the Customer and inform him about this fact. Amendment of the Terms and Conditions is binding to the Customer who does not submit a statement of non-acceptance of the new Terms and Conditions before the date of its entry into force.
  3. In matters not covered by these Terms and Conditions, universally applicable provisions of law shall apply, in particular: Civil Code and the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287 as amended). In the event of any contradiction between these Terms and Conditions and the provisions of universally applicable regulations, the universally applicable legal provisions shall apply.
  4. Settlement of any disputes arising between the Seller and the Consumer, shall be subject to the competent courts in accordance with the provisions of the Act of 17 November 1964 Code of Civil Procedure (Journal of Laws 2020, item 1575, as amended).
  5. Settlement of any disputes arising between the Seller and the Customer who is not a Consumer will be subject to the competent court having territorial jurisdiction over the Seller's registered office.
  6. These Terms and Conditions were adopted in October 2021.