NEOFOX Store Regulations

• 1 General provisions

1. The online store, available at www.neofox.pl, is run by Maksym Khmelnytskyi under the name NEOFOX MAKSYM KHMELNYTSKYI, entered into the Central Registration and Information on Business (CEIDG), NIP 7822839206, REGON 389265441.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and concluding agreements with the Seller.
3. The Regulations define the rules of using the Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store or mass media, such as Facebook/Instagram or by telephone.
4. The content of the website www.neofox.pl should be treated as an invitation to conclude a sales contract.
5. The presentation of product photos on the website does not constitute an offer to sell within the meaning of Article 543 of the Civil Code.
6. From the moment of confirmation of receipt of the offer, the Client is bound by it.

• 2 Definitions

1. Regulations – these regulations of the Store.
2. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to his/her business or professional activity, or a person running a sole proprietorship who, at the latest at the time of placing the order, declares that the subject of the order is not directly related to his/her business or professional activity
3. Entrepreneur – a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf or a person running a sole proprietorship who, at the time of placing the order at the latest, did not declare that the subject of the order is not directly related to its business or professional activity
4. Seller – Maksym Khmelnytsky conducting business activity under the name of NEOFOX MAKSYM KHMELNYTSKYI, entered into the Central Register and Information on Business Activity (CEIDG), NIP 7822839206, REGON 389265441.
5. Customer – any entity making purchases via the Store or via a Facebook/Instagram account or by telephone, both a natural person and a legal person.
6. Shop – online shop run by the Seller at the Internet address www.neofox.pl
7. Distance contract – a contract concluded with the Customer as part of an organized distance contracting system, via the Store or via a Facebook/Instagram account or by telephone, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
8. Order – a declaration of intent of the Customer submitted via the contact form on the website www.neofox.pl, by e-mail or on the Seller's Facebook/Instagram profile and by phone, aiming directly at concluding a Sales Agreement with the Seller for a Product or a personalized Product.
9. Product – neon sign available in the store,
10. Personalised product – a neon sign made to individual customer order, in accordance with their guidelines.

• 3. Contact with the Store

Seller's email address: neofox.pl@gmail.com

Phone: +48730627143

• 4 Technical requirements

To place orders for Products, you must:

1. a terminal device with Internet access and a web browser
2. an active e-mail account or Facebook/Instagram account,

or

1. telephone, enabling you to make phone calls.

• 5. Order Process

1. To place an order, please use the form on the website neofox.pl, by email, by phone or via Instagram / Facebook profile:
   • describe the neon's assumptions in text or graphic form (personalized product)
   • indicate the neon design, available on the website neofox.pl (product) indicating the changes necessary/proposed by the customer,
   • pay a deposit in the amount indicated in the order confirmation, to the account indicated therein or in accordance with the sent PRO FORMA invoice, or pay the entire amount due - in accordance with the Seller's offer.
   • confirmation of purchase based on the received e-mail or Facebook/Instagram message,
   • voluntary consent to the processing of personal data for the purpose of executing the sales contract in accordance with the provisions of paragraph 11 of the Regulations.
2. The online store accepts orders 24 hours a day, every day of the year. Orders placed on Sundays and public holidays, as well as outside the store's operating hours, will be processed on the first business day following the day on which the order was placed.
3. The Seller reserves the right to reject incorrectly or partially completed order forms. Orders will also be rejected if: the transfer is not made in the appropriate amount within the specified time.
4. In the case of creating a neon sign outside the gallery (personalized product) placed on the seller's website, the seller presents the Buyer with a preliminary design.
5. Produced neon signs are handmade. All designs and visualizations are previews and may differ from actual products.
6. Each product is marked with the company logo in the form of an engraving or sticker.
7. After the client accepts the design, the final price estimate for the production of the neon design is made. The order execution time is up to 14 working days from the date of acceptance of the design and payment, and for larger orders up to 30 working days.
8. The seller issues a sales document in the form of a sales invoice. If you need to issue a VAT invoice for an entrepreneur, you must provide the Tax Identification Number and company identification data in the order, in particular: name and address data, necessary for the correct issuance of the document.

• 6 Handcrafted and visual differences between products

• 7. Offered delivery and payment methods

1. The Customer may use the following delivery methods: courier delivery, collection by the Ordering Party from the Seller's premises.
2. The cost of delivery is covered by the customer. A flat-rate shipping cost is added to the order, depending on the chosen form of delivery.
3. All detailed regulations related to the shipment of goods via a courier company are specified in its regulations.
4. The Seller's liability for mechanical damage incurred during transport by a courier company is excluded.
5. The customer can use the following payment methods:
   • Payment by transfer to the Seller's account
   • BLIK payment

• 8. Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Contact Form, by e-mail, by telephone or via the Facebook / Instagram profile.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
3. The Customer is obliged to pay the deposit within 5 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

• 9 Right of withdrawal

Neither the consumer nor the entrepreneur has the right to withdraw from the contract after placing the order. Each product is made to order according to the Consumer's instructions, it is a non-manufactured product, and therefore, in accordance with Article 38 paragraph 1 point 3 of the Consumer Rights Act, the right to withdraw is excluded.

1. A consumer who has concluded a distance contract (via the Internet) for goods available immediately (ready-made) has the right to withdraw from the contract without giving any reason within 14 calendar days from the date of receipt of the goods, provided that:
   a) The purchase was made as a private individual.
   b) The goods have not been used and do not show any traces of use or damage.
   c) The goods were returned complete
2. In the case of purchase of goods ready for invoice (for a company), the right to withdraw from the contract does not apply. The customer only has the option of exchanging the goods for another of higher value (for an additional fee) or equivalent value, provided that the returned goods:
   a) It has not been used and meets the conditions specified in point 1.b).
   b) Will be returned in its original condition and packaging.

• 10. Complaint and warranty

1. The Sales Agreement covers new Products.
2. Complaints can be submitted electronically to the following address: neofox.pl@gmail.com
3. In the statement regarding the complaint, the Client should indicate:

• information and circumstances, if possible photos, regarding the subject of the complaint, in particular the type and date of the non-conformity/defect;
• a proposal for how to deal with the complaint (e.g. repair);
• contact details of the person submitting the complaint.

4. Goods returned under the complaint procedure should be sent to the following address: NEOFOX, Garbary 46/U1, 61-869 Poznań. In the event of a return or complaint, the cost of returning the item to the seller is borne by the buyer.
5. The seller provides a 12-month warranty for the LEDs, power supply and controllers used. The warranty does not cover damage resulting from improper use of the product.
6. The customer is obligated to use the product in accordance with its recommendations. Instructions and methods for assembly and maintenance of the products are sent together with the order.
7. The deadline for considering a complaint is 14 days from the date of submission of the complaint.

• 11. Extrajudicial methods of handling complaints and pursuing claims

1. Detailed information on the possibility of the Consumer using out-of-court methods of complaint handling and claim settlement and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Voivodship Inspectorates of Trade Inspection.
2. The Consumer is entitled to refer to a permanent consumer arbitration court to resolve any dispute between the Consumer and the Seller.
3. The consumer is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the consumer and the seller.

• 12. Personal data in the Store

1. Personal data protection is carried out on the basis of the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (referred to as "GDPR"),

1. For the purposes of these regulations, in case of doubt, the following definitions shall apply:
   • "personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
   • "processing" means any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
   • “restriction of processing” means marking stored personal data with the purpose of limiting their future processing;
   • "controller" means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller or the specific criteria for its determination may be provided for in Union law or in a Member State law;
   • "processor" means a natural or legal person, public authority, agency or another body which processes personal data on behalf of the controller;

3. Data processing as a result of the placed order is carried out solely on the basis of the consent voluntarily expressed by the Customer. The data subject has the right to withdraw consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal. Withdrawal of consent is carried out via the service's e-mail address: slyfoxneon@gmail.com and in writing to the correspondence address of the Administrator: ul. Garbary 46/U1, 61-869 Poznań,
4. The controller of the processed personal data is Maksym Khmelnytsky, conducting business activity under the name NEOFOX MAKSYM KHMELNYTSKYI, entered into the Central Register and Information on Business Activity (CEIDG), NIP 7822839206, REGON 389265441.
5. The purpose of processing personal data within NEOFOX MAKSYM KHMELNYTSKYI, obtained under the conditions described in Art. 6 of the GDPR, is to accept and execute an order placed as a result of a voluntarily completed contact form and a declaration of consent to the processing of personal data or placing an order by phone or via a Facebook/Instagram account.
6. The recipient of personal data processed as a result of the execution of the order is the staff of NEOFOX MAKSYM KHMELNYTSKYI and third parties entrusted with the execution of the order, including employees of courier companies.
7. The period during which personal data will be processed, in the case of obtaining personal data based on the consent of the authorized person, lasts until the consent is revoked, and after the consent is revoked for a period of time corresponding to the limitation period for mutual claims. In the case when the basis for data processing is the performance of a contract, the processing time is equivalent to the period of order execution, subject to the obligations resulting from separate legal regulations.
8. The minimum scope of personal data necessary to be transferred to the administrator is: name, surname, address of residence. Providing personal data in their minimum scope is a condition for concluding and performing the contract. The consequence of not providing them is the inability to effectively place and perform the order.
9. The Customer is entitled to obtain from the controller confirmation as to whether personal data concerning him/her are being processed and, if so, is entitled to access them and information concerning: the purpose of processing; the categories of personal data concerned; information on the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; the planned period for which the personal data will be stored, the right to request the controller to rectify, delete or limit the processing of personal data concerning the data subject and to object to such processing; the right to lodge a complaint with the supervisory authority; if the personal data have not been collected from the data subject – all available information about their source; automated decision-making, including profiling, and relevant information on the principles of their making, as well as the significance and anticipated consequences of such processing for the data subject.
10. The customer has the right to request from the administrator access to personal data concerning the data subject, their rectification, deletion or restriction of processing, immediate rectification of personal data concerning them that are incorrect. Taking into account the purposes of processing, the data subject; has the right to request supplementation of incomplete personal data.
11. The customer has the right to receive the personal data concerning him or her, which he or she has provided to the controller, in a structured, commonly used and machine-readable format, and has the right to transmit this personal data to another controller.
12. The Client has the right to object at any time to the processing of his/her personal data, including those processed for marketing purposes - for reasons related to his/her particular situation. In such a case, the administrator may not process such personal data unless he/she demonstrates the existence of important legally justified grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
13. The Client has the right to submit complaints and comments directly to the administrator using the means of communication indicated in the content of these Regulations. The Client also has the right to submit a complaint to the supervisory authority, which is the Office for Personal Data Protection; address: ul. Stawki 2, 00-193 Warsaw, fax. 22 531 03 01, Infoline: 606-950-000, kancelaria@uodo.gov.pl

• 13 Final provisions

1.  Contracts are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 14 days in advance.
3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply.
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims, including through the institutions referred to in paragraph 10, section 1 of the Regulations.

Last update date: 10/03/2024