TERMS AND CONDITIONS
of Nattakan Online Shop
- Thai Pro – owner of the Nattakan online shop, company registered in the National Court Register, with the following data:
Thai Pro Sp. z o.o.
Ul. Bukowińska 12/726A
running a Thai Massage Salon Nattakan, in Warsaw, Zgoda 5 str. no. 30
- Consumer – a natural person concluding a sales contract with the Seller as part of the Shop, the subject of which is not directly related to its business or professional activity.
- Seller – Thai Pro company concluding a sales contract with the Client as part of the Shop.
- Client – each entity making purchases through the Shop.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Shop.
- Shop – online shop run by the Seller at the Internet address https://shop.nattakan.pl
- The agreement concluded at a distance – an agreement concluded between the Seller and the Client as part of an organized system of concluding distance contracts (Shop), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
- Terms – these Terms and Conditions of the Shop.
- Order – Client’s declaration of intent submitted via the Order Form and aimed directly at concluding Sales Agreement of the Product(s) with the Seller.
- Account – the Client's account in the Shop, it contains data provided by the Client and information about orders placed by him in the Shop.
- Registration Form – a form available in the Shop that allows to create an Account.
- Order Form – an interactive form available in the Shop that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – an element of the Shop’s software in which the Product(s) selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of products.
- Product – a movable item or a service, available in the Shop that is the subject of the Sales Agreement between the Client and the Seller, in particular, that may be massage services or vouchers for such services.
- Voucher – a bearer voucher, sold in the form of a plastic or paper card, entitling the User to purchase services in a Nattakan massage salon up to a maximum amount corresponding to the nominal value of the voucher or the value of the money with which it was topped up. The voucher is not a payment card and is not an electronic payment instrument.
- E-Voucher – electronic voucher (QR code), entitling the User to purchase the Nattakan massage salon services. The E-Voucher is not a payment card and is not an electronic payment instrument.
- Sales Agreement – Product sales agreement concluded between the Client and the Seller via the online Shop. The Sales Agreement also means - in accordance with the features of the Product - an agreement for the provision of services and a for a specific work.
- To use the Shop, including viewing the Shop’s assortment and placing orders for Products, they are necessary:
a) a terminal device with access to the Internet and a web browser;
b) an active email account (email).
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Shop with the Client's technical infrastructure.
- Viewing the Shop's assortment does not require creating an Account. Placing orders by the Client for Products in the Shop's assortment is possible either after creating an Account in accordance with the provisions of §3 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- The prices given in the Shop are given in Polish zlotys and are gross prices (including VAT).
- The final (definite) amount to be paid by the Client consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Client is informed on the Shop's website when placing the Order, including when expressing will to be bound by the Sales Agreement.
- In the case of an Agreement covering the provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (definite) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Shop in the Product description.
Creating an Account in the Shop
- To create an Account in the Shop, one must complete the Registration Form.
- Creating an Account in the Shop is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Client may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, by e-mail to the following address: firstname.lastname@example.org, by phone at +48 790 553 558 or in writing to the address of the registered office Thai Pro at the top of these Terms.
Rules for placing an Order
- In order to place an Order:
a) select the Product(s) that are the subject of the Order, and then click "Add to Cart" and "Proceed to Checkout";
b) log in or use the option of placing an Order without registration;
c) complete the Order Form by entering all the required details of the recipient of the Order;
d) choose the method of receipt of the Product(s);
e) accept these Terms, and if you choose a Product that is a Voucher or E-Voucher, additionally read and accept the Voucher Terms, available at https://shop.nattakan.pl/pl/content/6-vouchers-terms;
f) choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with §4 of the Terms.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Client an appropriate email message to the Client's email address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Client, a Sales Agreement is concluded between the Client and the Seller.
- If the Client chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of the Sales Agreement - otherwise the order will be canceled.
- If the Client has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in its description (subject to point 5 of this paragraph), in the manner chosen by the Client when placing the Order.
- In the case of ordering Products with different delivery times, the delivery date is the longest given date.
- The beginning of the Product delivery period if the Client chooses the method of payment by bank transfer, electronic payment or payment card - counts from the date of crediting the Seller's bank account.
- If the Client chooses to collect the Product in person, the Product will be ready for collection by the Customer on the first free date. In the case of massage services, the collection will be possible after prior reservation of the date of the visit.
- If the Client chooses to collect the Product in a non-material form, e.g. an E-Voucher, it will be sent via electronic means of communication, e.g. to the email address provided by the Client, or another mutually agreed form.
- The Client will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate email to the email address provided by the Client when placing the Order.
- The delivery of the Product to the Client is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Client on the Online Shop's website in the "Delivery costs" tab and when placing the Order, including when the Client expresses his will to be bound by the Sales Agreement.
- Personal pick-up of the Product by the Client is free of charge.
Withdrawal from agreement concluded at a distance
- A buyer who is a Consumer within the meaning of art. 22  of the Civil Code, may exercise the right to withdraw from the Sales Agreement within 14 days from the date of delivery of the Product.
- In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in point 1 runs from the delivery of the last item, batch or part.
- In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
- The Consumer should send the Product back to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement.
- The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, depending on which event occurs first.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
b) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c) in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
e) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
f) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Agreement,
- In the event of a defect in the goods purchased from the Seller, the Client has the right to make a complaint based on the provisions on warranty in the Civil Code.
- Complaint should be submitted in writing or electronically to the addresses of the Seller provided in these Terms or using the electronic contact form provided by the Seller on one of the Shop's subpages.
- The Seller will respond to the complaint as soon as possible, and if the Client is a Consumer - no later than within 14 days. If the Client is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.
- The administrator of personal data of Clients collected via the Online Shop is the Seller.
- Clients' personal data collected by the administrator via the Online Shop are collected in order to execute the Sales Agreement, and if the Client agrees - also for marketing purposes.
- The Client has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms necessary to conclude a Sales Agreement results in the inability to conclude this contract.
- The Terms are available continuously at https://shop.nattakan.pl They are also available in the Nattakan Massage Salon.
- The applicable law is the Polish law.
- The Seller may amend these Terms for an important reason which is:
a) change of generally applicable legal provisions or their interpretation by authorized bodies, having a direct impact on the content of the Terms and resulting in the need to adapt them to such a change in provisions or their interpretation;
b) removing ambiguities or interpretation doubts regarding the content of the Terms reported by Users;
c) change or extension of existing functionalities or adding new functionalities;
d) Users' safety, including in particular, the need to prevent abuse.
- Any changes to the Terms come into force within 14 days from the date they are made available on the website https://shop.nattakan.pl. Amendments to the Regulations do not affect the scope of rights acquired by customers.
- In the event of a dispute between the Consumer and Seller, in addition to legal proceedings before the competent common court, the Consumer is entitled to refer the matter to out-of-court dispute resolution, including down:
a) apply, pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes, to the Trade Inspection (the relevant Provincial Inspector of Trade Inspection) for the out-of-court resolution of consumer disputes - contact details are available on page: www.uokik.gov.pl/wiih;
b) apply for a case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection - a list of such courts and contact details are available on the website: www.uokik.gov.pl/wazne_adresy.php#faq596;
c) ask the Municipal Ombudsman for Consumer Rights for assistance in the protection of consumer interests and rights (www.uokik.gov.pl/rzecznicy).
- All the above-mentioned out-of-court dispute resolution methods are voluntary and require the consent of both parties to the dispute.
- These Terms are valid from December 1, 2020.