Terms and Conditions

TERMS AND CONDITIONS

  1. These Regulations define the general conditions, rules and manner of sale carried out by Neonica Polska Sp. z o.o. based in Łódź, via the online store neonica.eu (hereinafter: "Online Store") and specifies the terms and conditions of providing by Neonica Polska Sp. z o.o. based in Lodz, free of charge services by electronic means.
  • 1 Definitions
  1. Business days - means days of the week from Monday to Friday, excluding public holidays.
  2. Delivery - means a factual act consisting in delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
  3. Supplier - means an entity with which the Seller cooperates in the scope of making a Supply of Goods:
  4. a) a courier company;
  5. Password - means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
  6. Client - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded, in accordance with the Regulations and legal regulations.
  7. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
  8. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and entered into a contract for the provision of the Customer Account Maintenance service.
  9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
  10. Regulations - means these regulations.
  11. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
  12. Seller's office - means a place intended for Customer service, at: ul. Ossendowskiego 6A, 93-228 Łódź.
  13. Seller - means Neonica Polska Sp. z o.o. with headquarters in Łódź (93-228), ul. Ossendowskiego 6A, NIP: 7251751523, REGON: 472236441, entered in the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Department of the National Court Register under KRS number 0000046098, with share capital in the amount of PLN 4,220,000; e-mail: pomoc@neonica.pl, which is also the owner of the Online Store.
  14. Shop Website - means the websites where the Seller runs the Online Store operating in the domain neonica.eu.
  15. Goods - means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
  16. Persistent medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged.
  17. Sale agreement - means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
  • 2 General provisions and use of the Online Store
  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Shop Website (except logos and images presented on The Store's Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and the use of them may only take place in a manner specified and in accordance with the Regulations and with the Seller's consent expressed in writing.
  2. The Seller will make every effort to make the use of the Online Store possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements for using the Store Website are Internet browsers at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection bandwidth of at least 256 kbit / s. The Store website is optimized for a minimum screen resolution of 1024x768 pixels.
  3. The Seller applies the mechanism of "cookie" files, which while the Customers use the Shop Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client's terminal device and does not cause any configuration changes in the end-devices of the clients or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
  4. In order to place an order in the Online Store via the Store Website, it is necessary for the Customer to have an active e-mail account.
  5. It is prohibited to provide the Customer with unlawful content and the Customer's use of the Online Store, the Shop Website or free services provided by the Seller, in a manner contrary to the law, good practices or violating personal rights of third parties.
  6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.
  7. It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would infringe the Seller's interest, i.e. the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content.
  • 3 Registration
  1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
  2. Registration is not necessary to place an order in the Online Store.
  3. In order to register, the Customer should complete the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
  4. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its contents by marking the appropriate field on the form.
  5. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. With this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.
  • 4 Orders
  1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation of the Customers to submit offers to conclude a Sales Agreement.
  2. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
  3. A customer placing an order through the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the "ADD TO CART" command under the given Product presented on the Shop Website. After completing the entire order and indicating the method of delivery and payment method in the "BASKET", the Customer places the order by sending the order form to the Seller by selecting the "Order with payment obligation" button on the Shop Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.
  4. When ordering, for selected Goods, the Customer has the option of concluding an insurance contract, which is notified via the Online Store Website. The terms and conditions of the insurance contract can be read at the following address: [...] This insurance product does not constitute a quality guarantee in the understanding of the civil code provided by the manufacturer.
  5. Placing an order means that the Customer submits to the Seller an offer to conclude a Contract for the sale of the Goods at the time of purchase order.
  6. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer. The information about the confirmation of placing the order is a statement of the Seller about the acceptance of the offer referred to in §4 subpara. 5 above and upon its receipt by the Customer a Sales Agreement is concluded.
  7. After the conclusion of the Contract of Sale, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during the Registration or ordering.
  • 5 Payments
  1. The prices on the Shop Website placed at the given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
  2. The Customer may choose the following payment methods for ordered Goods:
  3. a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the confirmation of the order receipt and after receipt of the funds to the Seller's bank account);
  4. b) payment card or bank transfer via the PayU external payment system, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will begin after sending the confirmation of the order to the Customer by the Seller and after receiving from the PayU system information on the successful completion of the payment);
  5. c) bank transfer via SOFORT external payment system, operated by SOFORT GmbH with its registered office in Germany (in this case, the order will be commenced after the Seller sends the confirmation of the order and after the Seller receives information from the SOFORT system about the payment by the Customer);
  6. d) payment card or money transfer via PayPal that as a Luxembourg-based bank (in this case, the order will be commenced after the Seller sends the confirmation of the order and after the Seller receives information from the Paypal system about the payment by the Customer);
  7. The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
  8. If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiration of the second deadline for making the payment, the Seller will send the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.
  • 6 Delivery
  1. The Seller realizes the Delivery on the territory of Austria, Croatia, Czech Republic, Germany, Slovakia, Hungary, Belgium, Bulgaria, Denmark, Estonia, France, Netherland, Lithuania, Luxemburg, Lativia, Monaco, Romania, Great Britain, Finland, Spain, Slovenia, Sweden, Italy, Greece, Ireland, Northern Ireland, Switzerland, Norway, Lichtenstein, San Marino, Cyprus, Malta.
  2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
  3. The Seller places information on the number of Working Days needed for the Delivery and performance of the order on the Shop Website.
  4. The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.
  5. Ordered goods are delivered to the customer for after the Supplier's diameter to the address indicated in the order form.
  6. On the day of sending the Goods to the Customer the information confirming the delivery of the package by the Seller shall be forwarded to the email address of the Customer.
  7. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to draw up the proper protocol.
  8. The customer has the option of personal collection of the ordered Goods. The pick-up can be made at the Seller's Office on Business Days, during the opening hours indicated on the Shop Website, after prior arrangement with the Seller of the pick-up date by e-mail or by phone.
  9. The Seller, according to the will of the Customer, joins the parcel or the VAT invoice for the delivered Goods to the parcel that is the subject of the Delivery.
  10. In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, by specifying the date and cost of the Delivery with the Customer again.
  • 7 Warranty
  1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
  2. If the Product has a defect, the Customer may:
  3. a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.

 This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect, unless it is impossible to bring things to compliance in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would expose the other way of satisfying.

  1. b) demand replacement of defective product with one free of defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer.

 The Seller may refuse to remedy the Client's request if it is impossible to bring the defective Goods into conformity with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

  1. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
  2. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date may not be completed before the expiry of the date specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Contract of Sale or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
  3. In the case of a Customer who is an Entrepreneur, the Seller shall be liable under the warranty within 1 year from the date of Delivery.
  4. The Client being the Entrepreneur loses the warranty rights if he did not examine the Goods in time and in the manner adopted for the Goods of this type and did not immediately notify the Seller about the defect noticed.
  5. Any complaints related to the Products or the implementation of the Sales Agreement, the Customer may submit in writing to the address of the Seller.
  6. The Seller within 14 days from the date of the request containing the complaint, will address the complaint of the Goods or complaints related to the implementation of the Purchase Agreement notified by the Customer.
  7. The customer can report to the Seller

complaint regarding the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address: reklamacje@neonica.pl. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.

  1. The seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
  • 8 Guarantee
  1. Goods sold by the Seller may be covered by a guarantee granted by the producer of the Good or the distributor.
  2. In the case of Goods covered by the guarantee, information regarding the existence and content of the guarantee is always presented on the Shop Website.
  • 9 Withdrawal from the Sales Agreement
  1. A Customer who is a Consumer who concluded a Sale Agreement may withdraw from it without giving reasons within 14 days.
  2. The running of the period for withdrawal from the Contract of Sale shall commence from the moment the Consumer takes possession of the Good.

 The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be made, for example, in writing to the Seller's address, via e-mail to the address of the Seller. The statement may be submitted on a form, the design of which was posted by the Seller on the Store Website at the following address: The withdrawal form. To comply with the deadline, it is enough to send a statement before its expiry.

 The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on the withdrawal via the form available on the website at the following address: Electronic withdrawal form. To comply with the deadline, it is enough to send a statement before its expiry. The seller immediately confirms to the consumer receipt of the form submitted via the website.

  1. In the event of withdrawal from the Sales Agreement, it is considered void.
  2. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
  3. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of a proof of sending back the Goods, depending on which event occurs first.
  4. If the Consumer exercising the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  5. The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the day on which he resigned from the Sale Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
  6. In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Product.
  7. If, due to its nature, the Product can not be returned by normal mail, the Seller informs the Consumer about the cost of returning items on the Shop Website.
  8. The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
  9. The Seller shall refund the payment using the same method of payment as the Consumer used, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
  • 10 Unpaid services
  1. The Seller provides free electronic services to Clients:
  2. a) Chat;
  3. b) Running a Customer Account;
  4. c) Posting opinions.
  5. Services indicated in §10 para. 1 above are provided 7 days a week, 24 hours a day, with the exception of the Chat service, which is provided in hours and days indicated on the Shop Website.
  6. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, which will inform the Customers in a manner appropriate to the change in the Regulations.
  7. Unpaid Chat service consists in establishing real-time contact between the Customer and the Seller via the messenger on the Shop Website.
  8. Resignation from the free Chat service is possible at any time and consists in not using the communicator located on the Store's website.
  9. The Service of Running a Customer Account is available after registration on the terms described in Regulaminie and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data he provided during the Registration, as well as tracking the status of orders and the history of orders already completed.
  10. The Customer who has registered may submit a request to delete the Seller's Customer Account, however, if the Customer requests the Customer's account to be removed by the Seller, it may be deleted within 14 days of submitting the request.
  11. Service Posting opinions consists in enabling the Seller, Customers having a Customer Account, to publish on the Shop Website individual and subjective statements of the Customer regarding in particular the Goods.
  12. Resignation of the service Posting opinions is possible at any time and consists in ceasing to post content by the customer on the Shop Website.
  13. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller, i.e. to carry out the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content, as well as in the case of actions by the customer to the detriment of other customers, breach of the law by law or the provisions of the Regulations, and when blocking access to customer accounts and free services is justified by security reasons - in in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
  • 11 Responsibility of the Client in the scope of content posted by him
  1. By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
  2. The customer declares that:
  3. a) is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, industrial property rights objects (eg trademarks) and / or related rights subjects that make up the content;
  4. b) placing and providing access to personal data, image and information related to third parties within the services referred to in § 10 of the Regulations, in a legal, voluntary manner and with the consent of the persons concerned;
  5. c) consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
  6. d) consents to the development of works within the meaning of the Copyright and Related Rights Act.
  7. The customer is not entitled to:
  8. a) posting, as part of the use of the services referred to in § 10 of the Regulations, personal data of third parties and dissemination of the image of third parties without the required permission or consent of a third party;
  9. b) posting, as part of using the services referred to in § 10 of the Regulations, advertising and / or promotional content.
  10. The Seller is responsible for the content posted by the Customers, provided that they receive notification in accordance with §12 of the Regulations.
  11. It is forbidden for Clients to post, as part of using the services referred to in §10 of the Regulations, content that could in particular:
  12. a) be placed in bad faith, eg with the intention of violating personal rights of third parties;
  13. b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
  14. c) be offensive or threatened to other people, contain vocabulary that violates good morals (eg by using vulgarisms or terms commonly considered offensive);
  15. d) be in contradiction with the interest of the Seller, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the activity of the Seller; false or misleading content;
  16. e) otherwise violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
  17. If you receive pnotification in accordance with §12 of the Regulations, the Seller reserves the right to modify or delete content posted by customers as part of their use of the services referred to in §10 of the Regulations, in particular with regard to content on which, based on reports third parties or appropriate bodies, it was found that they may constitute a violation of these Regulations or applicable law. The seller does not conduct ongoing control of the content posted.
  18. The Customer agrees to the Seller's free use of its content as part of the Store Website.
  • 12 Reporting a threat or violation of rights
  1. In the event that the Customer or other person or entity decides that the content published on the Shop Website violates their rights, personal rights, good manners, feelings, morals, beliefs, rules of fair competition, know-how, secrecy protected by law or on basis of the undertaking, may notify the Seller about a potential infringement.
  2. The Seller notified about the potential infringement, takes immediate action to remove the content causing the violation from the Store Website.
  • 13 Protection of personal data
  1. The rules for the protection of Personal Data are set out in the Privacy Policy.
  • 14 Termination of the contract (not applicable to Contracts of sale)
  1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.
  2. The Customer who has made the Registration terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, enabling the Seller to read the Customer's declaration of intent.
  3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.
  • 15 Final provisions
  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in case of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
  2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.
  3. In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is the Polish law.
  4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to deal with disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection.

The Seller informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).

  1. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Shop Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of a message sent by e-mail containing a reference to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Regulations.
  2. Agreements with the Seller are concluded in English.
  3. Regulations come into force on 25/10/2018.