TERMS & CONDITIONS OF THE NOMÉ ONLINE STORE

The Online Store cares about consumer rights. A consumer cannot waive the rights granted to them by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of that Act shall apply in their place. Therefore, the provisions of these Terms & Conditions are not intended to exclude or limit any consumer rights resulting from mandatory legal regulations, and any doubts should be resolved in favor of the consumer. In the event of any conflict between the provisions of these Terms & Conditions and the above regulations, the latter shall prevail and be applied.

I. General Provisions
II. Definitions
III. Technical Requirements
IV. Rules for Using the Store
V. Account Service Agreement
VI. Sales Agreement
VII. Delivery of Goods
VIII. Right to Withdraw from the Sales Agreement
IX. Complaints Regarding Goods
X. Intellectual Property of the Seller
XI. Processing of Personal Data
XII. Out-of-Court Dispute Resolution
XIII. Modification of the Account Service
XIV. Amendment of the Terms & Conditions
XV. Final Provisions

I. General Provisions:

1. These terms and conditions (hereinafter referred to as: "Terms & Conditions") define the rules for using the "NOMÉ" online store operating at the website address https://nome-brand.com/en (hereinafter referred to as: the "Store").
2. The Terms & Conditions are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the Providing of Services by Electronic Means (hereinafter referred to as: the "Act on Providing Services by Electronic Means").
3. The Store is owned by SpireIT Edward Wlasenko with its registered office in Warsaw, NIP 5272947578, REGON 387978250, hereinafter referred to as the Seller.
4. Contact with the Seller is possible via: e-mail – to the address:contact.nomebrand@gmail.com;
5. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Civil Code (hereinafter referred to as: the "Civil Code").
6. Before starting to use the Store, the Client is obliged to read the Terms & Conditions and the Privacy Policy.
7. Within its activities, the Seller:

a) sells Goods that can be purchased by Buyers;
b) provides Account Services to Users;
c) delivers the Newsletter to Subscribers.


II. Definitions:

Capitalized words defined in the Terms & Conditions have the following meaning:
a) Business day – a day other than Saturday, Sunday, or any other public holiday within the meaning of the Act of 18 January 1951 on Public Holidays;
b) Client – a User, Buyer, or Subscriber;
c) Civil Code – the term defined in § 1 point 6 of the Terms & Conditions;
d) Consumer – a natural person performing a legal transaction with the Seller not directly related to their business or professional activity;
e) Account – a panel created in the Store's IT system, enabling the User to use its functions, in particular the purchase of Goods;
f) Buyer – a person who is a Consumer, an Entrepreneur, or an Entrepreneur with consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude one;
g) Newsletter – digital content within the meaning of the Consumer Rights Act, including commercial information regarding the current activities of the Seller, including information about new products and promotions available in the Store;
h) Non-conformity – means:

• non-conformity of the Goods with the Sales Agreement (criteria for assessing the conformity of the Goods with the Sales Agreement specified in Art. 43b par. 1-2 of the Consumer Rights Act) or
• non-conformity of the Subject of the digital service with the Agreement for its provision (criteria for assessing the conformity of the Subject of the digital service with the Agreement specified in Art. 43k par. 1-2 of the Consumer Rights Act);

i)Privacy Policy – a document containing information about the processing of Clients' personal data by the Seller;
g) Subject of the digital service – the Account Service or Newsletter;
k) Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf;
l) Entrepreneur with consumer rights – a natural person conducting business or professional activity on its own behalf, who has concluded an agreement with the Seller directly related to its business activity, but not of a professional nature, resulting in particular from the subject of the conducted business activity;
m) Terms & Conditions – the term defined in § 1 point 1 of the Terms & Conditions;
n) Seller – the term defined in § 1 point 3 of the Terms & Conditions;
o) Subscriber – a person who is a Consumer, an Entrepreneur, or an Entrepreneur with consumer rights, who has concluded an Agreement for the provision of the Newsletter with the Seller or has taken steps to conclude one;
p) Goods – a movable item available in the Store within the meaning of the provisions of the Civil Code, which the Buyer may purchase, in particular clothing;
q) Agreement – the Account Service Agreement, the Sales Agreement, or the Newsletter Provision Agreement;
r) Newsletter Provision Agreement – an agreement for the provision of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide personal data to the Seller; s) Account Service Agreement – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide personal data to the Seller;
t) Sales Agreement – a sales agreement within the meaning of the Civil Code, under which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
u) Account Service – a digital service within the meaning of the provisions of the Consumer Rights Act, consisting of the creation and maintenance of an Account for the User by the Seller;
v) Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights;
w) Act on Providing Services by Electronic Means – the term defined in § 1 point 2 of the Terms & Conditions;
x) User – a person who is a Consumer, an Entrepreneur, or an Entrepreneur with consumer rights, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude one;
y) Order – the term defined in § 6 point 4 of the Terms & Conditions.

III. Technical Requirements:

1)In order for Clients to use the Store correctly, they must meet the following requirements:

a) an Internet connection;
b) possession of a device that enables the use of Internet resources;
c) use of a web browser (Mozilla Firefox version 17.0 and higher, Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher) allowing the display of hypertext documents on the device screen, connected to the Internet via a web service, supporting the JavaScript programming language, and accepting cookies;
d) possession of an active e-mail account.

2)Within the Store, it is prohibited for Clients to use viruses, bots, worms, or other computer codes, files, or programs (especially those automating script and application processes or other codes, files, or tools).
3)The Seller informs that it applies cryptographic protection for electronic transfers and digital content, using appropriate logical, organizational, and technical measures, in particular preventing third-party access to data, including SSL encryption, the use of access passwords, and antivirus programs or protection against unwanted software.
4)The Seller informs that despite the security measures used, the use of the Internet and services provided by electronic means may involve the risk of introducing malicious software into the Client's ICT system or device or third-party access to data on that device. To minimize the threat, the Seller recommends using antivirus programs or identity protection measures on the Internet.

IV. Rules for Using the Store:

The Client undertakes to use the Store in accordance with the provisions of generally applicable law, the provisions of the Terms & Conditions, and good practice. It is prohibited for the Client to provide content that is unlawful. Prices of the Goods available in the store are expressed in Polish zloty (PLN) and are gross prices (including all mandatory price components, including VAT). The Buyer may purchase Goods both after creating an Account and without creating one. If an Account has been created, the Buyer should log in to it before starting to shop.

V. Account Service Agreement:

1) In order to conclude an agreement for the provision of the Account service, the User should perform the following actions:
a) enter the Store's website, then click the "Log in" tab and the "Create account" button;
b) fill in the displayed form, providing the following data:

• first and last name;
• e-mail address;
• password for the created Account;

c) it is mandatory to check the box in which the User declares that they have read the Terms & Conditions and the Privacy Policy and accepts them;
d) click "Create account".

2) Clicking the "Create account" option is equivalent to the conclusion of the Account service agreement by the User. The User gains access to the Account immediately after clicking the "Create account" option. By using the Account, the User can, in particular:
a) store their personal data;
b) place orders and view placed orders.

3) The Seller informs, and the User acknowledges, that maintaining the Account service in accordance with the Account service agreement does not require the User to install any updates. If the User does not gain access to the Account immediately after concluding the Account service agreement, the User shall call upon the Seller to provide access to the Account immediately. The request referred to in the previous sentence may be sent via e-mail to the address indicated in § 1 section 4 lit. a of the Terms & Conditions. If the Seller does not provide the User with access to the Account immediately after receiving the request, the User may withdraw from the Account service agreement.

VI. Sales Agreement:

1) In order to conclude a Sales Agreement, the Buyer should perform the following actions:
a) enter the Store's website;
b) go to the tab of the selected Item and click the "Add to cart" option;
c) go to the "cart" tab and click the "proceed to checkout" option;
d) fill in the form, providing the following data:
first and last name;
e-mail address;
phone number;
delivery address (street, house number, apartment number, city, postal code, country);
payment method;
delivery method;
order notes (e.g., invoice details);
e) it is mandatory to check the box in which the Buyer declares that they have read the Terms & Conditions and the Privacy Policy and accepts them;
f) optionally – check the box expressing consent to receive the Newsletter;
g) confirm the submission of the form and make payment for the Goods according to the selected payment method.

2) The Buyer may choose one of the following methods for the delivery of Goods:
a) courier shipment;
b) delivery to a selected InPost parcel locker.

3) The Buyer may pay the price for the Goods:
a) by bank transfer to the Seller's bank account;
b) using the Przelewy24 payment systems.

4) Confirmation of the form by the Buyer is equivalent to placing an offer to purchase the selected Goods (hereinafter: the "Order"). After placing the Order, the Buyer receives confirmation of its placement and acceptance for processing at the e-mail address provided by them. Upon receipt of the confirmation referred to in the previous sentence, the Sales Agreement is concluded between the Seller and the Buyer.

VII. Delivery of Goods:

The Seller ships Goods to addresses located within the territory of the Republic of Poland and other Member States of the European Union. The shipping costs of the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods. The ordered goods are shipped within 5-10 business days from the date the amount due for the product is credited. Delivery of the Goods occurs within a maximum of 7 (seven) business days. The Seller is obliged to deliver the Goods to the Buyer in accordance with the concluded Sales Agreement.

VIII. Right to Withdraw from the Sales Agreement:

1) The provisions of this § 8 apply exclusively to a Buyer who is a Consumer or an Entrepreneur with consumer rights. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date on which the Goods were taken into possession by them or by a third party indicated by the Buyer, other than the carrier.
2) The Store allows for the possibility of submitting a statement of withdrawal from the agreement electronically to the address: contact.nomebrand@gmail.com. Upon receipt of the statement via electronic means, the Store shall immediately send the Client who is a consumer a confirmation of receipt of the statement of withdrawal from the agreement.
3) The Consumer cannot withdraw from the Sales Agreement in the case of purchasing goods made to a special, individual order, with particular emphasis on personalized products and products ordered as a pre-order.
4) In the event of withdrawal from the agreement, the Client is obliged to return the goods:

• with a full set of original tags;
• without signs of use (e.g., makeup marks, scent of perfume);
• in the original packaging;

to the address provided via e-mail immediately, but no later than 14 days from the day on which they withdrew from the agreement. The returned goods should be packed in a way that prevents damage during transport. In the case of silk, particular attention should be paid to creases, as heavy pressure (e.g., when shipping in an envelope) causes irreversible folds in the material, thereby resulting in permanent destruction of the product.
5)If the Client exercises the right referred to in section 1, the direct costs of returning the goods shall be borne by the Client.

IX. Complaints Regarding Goods:

1) Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty (rękojmia) towards Buyers who are Entrepreneurs is excluded. The subsequent provisions of this paragraph apply exclusively to:
a) a Buyer who is a Consumer or an Entrepreneur with consumer rights;
b) Non-conformity of the Goods with the Sales Agreement.
2) The Goods delivered to the Buyer by the Seller must comply with the Sales Agreement. The Seller is liable for any Non-conformity that existed at the time the Goods were delivered to the Buyer and was revealed within 2 (two) years from that moment, unless the shelf life of the Goods is longer.
3) In the event of Non-conformity, the Buyer has the rights specified in Art. 43d et seq. of the Consumer Rights Act. The exercise of the Buyer's rights is carried out in accordance with the provisions of the Consumer Rights Act and the provisions of this paragraph.
4) If a Non-conformity is found, the Buyer may file a complaint, requesting:
a) repair of the Goods, or
b) replacement of the Goods.
5) The complaint shall be submitted via e-mail to the address indicated in § 1 section 4 lit. a of the Terms & Conditions.
6) The complaint should include:
a) the Buyer's first and last name;
b) e-mail address;
c) order number;
d) date of delivery of the Goods;
e) description of the revealed Non-conformity;
f) request for repair or replacement of the Goods.
7)If the Seller receives a request for:
a) repair of the Goods – the Seller has the right to replace the Goods;
b) replacement of the Goods – the Seller has the right to repair the Goods; – if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
8) In the event that both replacement and repair of the Goods are impossible or involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
9) After considering the complaint, the Seller will provide the Buyer with a response in which they:
a) accept the complaint and indicate the planned date for fulfilling the Buyer's request;
b) accept the complaint and inform the Buyer of the Seller's exercise of the right indicated in section 7 above;
c) refuse to bring the Goods into conformity with the Sales Agreement for the reasons indicated in section 8 above;
d) reject the complaint due to it being groundless.
10) The Seller provides a response to the complaint via e-mail within 14 (fourteen) business days of its receipt.
11) In the cases indicated in section 9 lit. a and b above, the Seller, at their own expense, shall bring the Goods into conformity with the Sales Agreement within a reasonable time from receiving the complaint and without undue inconvenience to the Buyer, taking into account the nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity will be indicated by the Seller in the response to the complaint.
12) The Buyer shall provide the Seller with the Goods subject to repair or replacement. The Seller shall collect the Goods from the Buyer at their own expense.
13) The Buyer is not obliged to pay for the normal use of the Goods that were subsequently replaced.
14) If Non-conformity is found, the Buyer may submit a statement on price reduction or withdrawal from the Agreement when:
a) the Seller refused to bring the Goods into conformity for the reasons indicated in section 8;
b) the Seller failed to bring the Goods into conformity in accordance with section 11;
c) the Non-conformity persists despite the Seller's attempts to bring the Goods into conformity;
d) the Non-conformity is significant enough to justify withdrawal from the Sales Agreement without first requesting the Seller to bring the Goods into conformity;
e) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity within a reasonable time or without undue inconvenience to the Buyer.
15) The statement on price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 lit. a of the Terms & Conditions.
16) The statement should include:

• the Buyer's first and last name;
• e-mail address;
• order number;
• date of delivery of the Goods;
• description of the revealed Non-conformity;
• indication of the reason for the statement, chosen from the reasons indicated in section 14 above;
• a statement on the price reduction (specifying the reduced price) or a statement on withdrawal from the Sales Agreement.

17) The reduced price must be proportional to the price resulting from the Sales Agreement, reflecting the ratio of the value of the non-conforming Goods to the value of conforming Goods. The Seller shall return the amounts resulting from the exercise of the right to a price reduction immediately, no later than within 14 (fourteen) business days from the date of receipt of the statement.
18) The Buyer cannot withdraw from the Sales Agreement if the Non-conformity is insignificant.
19) In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at their own expense.
20) The Seller shall refund the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) business days from the date of receipt of the Goods or proof of their return, whichever occurs first. The refund is made using the same payment method used by the Buyer in the original transaction, unless the Buyer explicitly agrees to another method that does not involve any costs for them.

X. Intellectual Property of the Seller:

All elements of the Store, in particular:

• the Store's name;
• the Store's logo;
• photos and descriptions of Goods;
• the rules of operation of the Store's website, all its graphic elements, interface, software, source code, and databases – are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other provisions of generally applicable law, including European Union law. Any use of the Seller's intellectual property without their prior, express consent is prohibited.

XI. Processing of Personal Data:

Information regarding the processing of personal data by the Seller can be found in the Privacy Policy available at: https://nome-brand.com/en/privacy_policy

XII. Out-of-Court Dispute Resolution:

The provisions of this paragraph apply exclusively to Clients who are Consumers. The Client has the option to use out-of-court methods for handling complaints and pursuing claims. Detailed information regarding the possibility for the Client to use out-of-court complaint and redress procedures, as well as the rules of access to these procedures, are available at the offices and on the websites of:
1. district (municipal) consumer ombudsmen, social organizations whose statutory task is consumer protection;
2.Provincial Inspectorates of the Trade Inspection;
3.the Office of Competition and Consumer Protection (UOKiK).

XIII. Modification of the Account Service:

The Seller may change the Account service in the event of:
1. the need to adapt the Account service to newly developed devices or software used by Users to use the Account service;
2. the Seller's decision to improve the Account service by adding new functionalities or modifying existing ones;
3. a legal obligation to make changes, including the obligation to adapt the Account service to the current legal status.
Modification of the Account service may not involve any costs on the part of the User. The Seller informs Users about changes made to the Account service by posting a message on the Account informing about the changes. Regardless of this, information about changes may be sent to Users via e-mail. If a change to the Account service significantly and negatively affects the User's access to the Account service, the Seller is obliged to inform the User about:
1. the characteristics and date of the change, and
2. the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of the change.
The information referred to in section 4 above shall be sent by the Seller to Users via e-mail no later than 7 (seven) days before the change is made. Termination of the Account Service Agreement by the User based on section 4 point 2 above occurs by submitting a statement of termination of the Account Service Agreement to the Seller. The statement referred to in the previous sentence may be sent via e-mail to the address indicated in § 1 section 4 lit. a of the Terms & Conditions. The Seller deletes the Account immediately after receiving the statement.

XIV. Amendment of the Terms & Conditions:

The Seller may change the Terms & Conditions in the case of:
1. changes in the scope of the Seller's business;
2. commencement of the provision of new services by the Seller, modification of services already provided, or cessation of their provision;
3. technical modifications to the Store that require adapting the provisions of the Terms & Conditions to these changes;
4. a legal obligation to make changes, including the obligation to adapt the Terms & Conditions to the current legal status.
Clients will be informed about the change to the Terms & Conditions by publishing its amended version on the Store's website at least 7 (seven) days before the date the changes enter into force. During this period, the amended version of the Terms & Conditions will be sent to Users and Subscribers via e-mail. The provisions of the Terms & Conditions in force shall apply to Sales Agreements and Agreements for the delivery of Goods concluded before the date of entry into force of the new provisions. A User or Subscriber who does not agree to the change of the Terms & Conditions may terminate the Account Service Agreement or the Newsletter Provision Agreement with immediate effect until the day the changes to the Terms & Conditions enter into force. Lack of such termination is considered consent to the change of the Terms & Conditions. Termination of the Account Service Agreement or the Newsletter Provision Agreement occurs by the User or Subscriber submitting a statement of termination of said Agreement to the Seller. The statement may be sent via e-mail to the address indicated in § 1 section 4 lit. a of the Terms & Conditions. Immediately after receiving the statement, the Seller deletes the Account or stops delivering the Newsletter.

XV. Final Provisions:

1) The provisions of the Terms & Conditions do not exclude the regulations in force in the country of permanent residence of a Client who is a Consumer, which cannot be excluded by agreement. In such a case, the Seller guarantees the Client who is a Consumer the protection granted to them on the basis of regulations that cannot be excluded by agreement.
2) Annex No. 1 – Statement of withdrawal from the Sales Agreement – is part of the Terms & Conditions.

The current version of the Terms & Conditions is effective from 01.04.2026.