Terms and conditions
1. General Information and applicability
NOOMA Sp. z o.o., NIP 7831768262 (noo.ma) is a Polish limited company with office address: ul. Woźna 9c/2, 61-777 Poznań, Poland. noo.ma e-mail address is: [email protected]
noo.ma markets and sells furniture and other interior items (the Products) on noo.ma website www.noo.ma, and from the office of noo.ma.
These terms and conditions apply for the marketing and sale of the Products.
These terms and conditions are subject to more favorable terms and conditions that may follow from mandatory law.
These terms and conditions shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.
An order is not binding on noo.ma before full payment for the Products ordered has been duly received, unless otherwise is explicitly agreed on with the customer.
3. Delivery & Delivery Time
The delivery times for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.
The customer has, as an exclusive remedy, the right to cancel an order in case of delay in excess of four weeks.
noo.ma has the right to cancel orders made due to that that the Product, or parts of the Product, is no longer possible to source from noo.ma sub-suppliers and cannot be sourced by reasonable efforts and/or at reasonable prices from other sub-suppliers.
noo.ma will in case of a cancellation return all payments for the Product to the customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation.
All Products are shipped with a well-reputed carrier of noo.ma choice to the address stated by the customer (or to a pick-up point connected to the stated address and which is used by the carrier). noo.ma has no obligation to assure that the stated address is valid. The shipping cost, including any taxes and fees, shall be borne by the customer. Any and all costs levied upon noo.ma due to incorrect address or failure to accept delivery will be charged to the customer. Products returned to noo.ma due to failure to accept delivery will not be re-shipped and noo.ma will have no obligation to refund the purchase price, and other charged costs, to the customer. This shall however not apply in the event the customer requests re-delivery within 14 days from the date of failure to accept delivery and pays the costs for the re-shipping.
Transfer of ownership of purchased Products occurs when the Product is delivered, and full payment of the purchase price has been received. The customer will not be entitled to dispose of the Product before transfer of ownership has occurred. noo.mq has the right to re-take delivered Products not paid for.
In the event of obvious damages to product packaging at delivery, the customer needs to open the package together with the courier to make sure that the product is intact. In case of damages are identified, the product delivery should be rejected and the customer must immediately contact noo.ma at [email protected] and claim the “Damaged on Arrival” to be entitled a replacement product.
The prices of the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.
The prices stated in the Web Shop are subject to change and may be changed without advance notice.
Any applicable shipping costs will be added to the stated prices of the Products and will be stated separately in the ordering form in the Web Shop before completing the order, or otherwise separately agreed on with the customer.
Applicable VAT (if any) may be added in the ordering form in the Web Shop before completing the order. The customer is responsible for paying any and all applicable VAT in addition to VAT charged by noo.ma. The customer is further responsible for paying any and all other applicable taxes, fees and customs for the Products and the delivery thereof.
5. The Products
noo.ma does not guarantee that the true colours, shapes and other features of the Products are accurately reflected in the Web Shop or in presentation/advertising material, due to the customer’s computer or monitor settings, or due to deficiencies in the depiction or the description of the Products.
Defects due to normal wear and tear, the use of the Products for other purposes than the intended, or otherwise due to appropriate handling or use may never be regarded as defects for which noo.ma are responsible.
noo.ma warrants that the Products are free from defects for two (2) years from date of delivery.
Defects in Products supplied must be notified not later than eight (8) days from receipt of the Products. Concealed defects are to be notified immediately after discovery. noo.m will have no obligation to remedy a defect in the event of failure to accordingly notify a defect.
In the event of a defect, noo.ma will, in its own sole discretion, either remedy the defect or exchange the Product as soon as practically possible after received notification about the defect. In the event it is not possible to remedy the defect or exchange the Product, noo.ma will reimburse the purchase price of the Product reasonably adjusted for any wear and tear. These remedies are exclusive.
6. Concluding Conditions
The Distance and Doorstep Sales Act (2005:59) (the Act) is applicable for all purchases of Products made through the Web Shop and over email and telephone by customers that are consumers (as defined in the Act). A consumer has the right to cancel an order and return purchased Products in accordance with what is set out in chapter 2 and 5 of the Act.
The consumer has thus the right to cancel an order and return a purchased Product by giving or sending a notice to noo.ma (to any of the addresses stated in the introductory part) within 14 days from the receipt of the Product. The consumer has always a right to give or send the notice within 7 business days from the receipt of the Product. The consumer may only use the right to cancel an order and return the Product if the Product is in materially unaltered shape, or if it has not been uniquely designed for the consumer.
In case the consumer decides to cancel an order and return the Product, the consumer shall arrange for the return shipping of already shipped Product(s) to applicable physical address:
Goods ordered from Europe:
NOOMA Sp. z o.o.
The customer is obligated to pay for the shipping costs.
noo.ma will return all payments made for cancelled orders and returned Product(s), minus 15% of the value (to cover handling and administrative costs), as soon as possible following the consumer’s exercise of the right to cancel an order and return the Product, and in no case later than what is prescribed under the Act.
For further details regarding the consumer’s right to cancel orders and return Products, please see the Act in its entirety.
7. Intellectual Property Rights
A purchase of Products does not constitute a transfer of ownership or license to use in any intellectual property rights related or pertaining to the Products, including copyright and pattern rights, to the customer.
All complaints regarding a Product shall be sent to noo.ma by using any of the addresses stated in the introductory part.
9. Limitation of liability
noo.ma shall not be liable for any loss, damages, claims or costs whatsoever, including any consequential or indirect damages or costs, due to the use of the Products.
10. Copyright and rights of use
The content provided by the design company noo.ma is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
11. Force Majeure
Force majeure events such as breakdowns, strikes or other disruptive influences beyond noo.ma control, or that of noo.ma suppliers, release noo.ma from its delivery commitments and any other obligations in relation to the customer for the duration of the disruptive influence and of the consequences thereof.
All costs for contacts with noo.ma for the purpose of ordering Products or otherwise, whether through noo.ma Web Shop, by telephone, by e-mail, by regular mail or otherwise, shall be borne by the customer.
The customer visits and uses the Web Shop on its own risk. noo.ma shall have no liability whatsoever for any damage caused to the customer’s computer hardware, software or other equipment due to viruses, worms or similar contracted from the Web Site.
13. Governing law
Polish law shall, without regard to its conflict of laws principles, exclusively apply to these terms and conditions and to all purchases of Products. Any dispute arising out of or in connection with these terms and conditions shall be settled in a Polish court of general jurisdiction.
The noo.ma website is provided by NOOMA Sp. z o.o., Woźna 9c/2, 61-777 Poznań, Poland (hereinafter referred to as „noo.ma”). This data protection declaration provides information on how we use and protect your data on the noo.ma website. Using the noo.ma website implies that you accept the terms set forth in this data protection declaration. If you do not agree with these terms, please do not use the noo.ma website. This data protection declaration applies from the time you begin using the noo.ma website.
You may use parts of the noo.ma website without telling us who you are or providing any personal data. Data will be automatically collected from your computer while you surf the noo.ma website, e.g. the areas you visit on the noo.ma site and how you interact with the noo.ma website. We will collect your IP address, computer and connection data, browser type and version, operating system and platform, the URLs you linked from and which you visit next and a cookie number. When you have placed an order with noo.ma, we will collect and store your email address, first name and surname, gender, password and, where applicable, information on the person who invited you. When you are ready to place an order, you will provide us with additional contract information such as billing and delivery address, payment information and a telephone number. In the course of your dealings with noo.ma you may voluntarily provide us with further personal data to enable us to learn more about you and your preferences with regard to noo.ma and, in certain circumstances, to individualise your experience, e.g. the details in your profile. We may obtain more information from or about you in other ways, for example when you contact customer service or respond to a survey, or from feedback from logistic partners. Such data is always collected in accordance with the data protection legislation applicable. Your data protection rights are considered in accordance with legal requirements.
We use your personal data, in anonymous form or by link to pseudonyms, when required, for the following purposes: To handle sales; in order to provide information and services required by you, such as customer service, for example; to deliver goods that you have ordered and to handle payments; to provide for a customised presentation of content, advertising and user experience; to communicate with you about your orders; to provide news regarding the services of noo.ma and other administrative issues; to provide you with targeted marketing activities and advertising offers on the noo.ma website; to inform you (after your newsletter registration) about sales promotions at noo.ma, providing you agreed to receive the newsletter at the time of your registration, a consent which can be revoked at any time; to improve our site and services; to settle legal disputes; to respond to complaints and to fix technical problems; to prevent, uncover and investigate abuse, in particular fraud; to analyse the noo.ma website and user behaviour and to compile aggregated reports. User profiles based on pseudonyms may be created for the purposes of: advertising, market research and user-friendly design of services, and content provided by the services as well as marketing activities and advertising offers. The aggregated data will not be used to identify you as an individual or be combined with personal data linked to the pseudonym without your express approval. You can object at any time to the creation of user profiles in future by sending an appropriate email to [email protected] or by following the instructions that noo.ma provides to you for this purpose.
We are entitled to forward your personal data to contracted service providers that support our business operations or that we use to fulfil our contract with you (e.g. IT services, logistic partners) or to our suppliers that deliver goods directly to you. Our service providers are bound to observe confidentiality.
We may use the findings from surveys in which you have participated for our own internal development and market research and share the results with our associated companies, consultants, suppliers and service providers.
(Insofar as we are planning a merger with or takeover of these companies.) Should this circumstance arise, we will prompt the resulting legal person to abide by this data protection declaration with regard to your personal data. We will inform you in advance and obtain your permission should your personal data be used in conflict with this data protection declaration.
We are entitled to inform law enforcement authorities, other government agencies or third parties in connection with an investigation concerning suspected illegal or other activities that make us, you or another customer of noo.ma liable for claims. The personal data revealed by us may include names, addresses, telephone numbers, email addresses, fraud complaints and purchasing history, as well as any other data we deem relevant. When you use the noo.ma website from a computer shared with others or a computer at an internet café, some of your personal data can also be seen by other persons who use the computer after you, if you fail to log out.
We will not sell or lease your personal data to third parties for marketing purposes without your explicit permission.
noo.ma does not allow any spam, but that does not mean that we can prevent spam on the internet. If you think that you have received an unsolicited email from us, please contact [email protected] so that we can investigate the issue.
Saving The Contract Wording
We will save the wording of the contract and send you your order information via email. Your previous orders are no longer visible to you.
Links To Other Websites
The noo.ma website contains links to other websites. We should point out that we do not influence the presentation or content of other websites. Nor can we therefore accept any liability for the accuracy, correctness, completeness or quality of information provided there. noo.ma is not responsible for the data protection methods or contents of these sites and does not regularly monitor them. Please read the data protection declarations on these sites if you are concerned about their methods of data collection and usage.
Amending/Deleting Personal Data (Right To Information)
You are entitled to be informed about the data stored in connection with your person and to have them corrected or deleted. We will, on request, inform you as quickly as possible as required by law what personal data of yours is stored with noo.ma. We do our best to enter changes in our database as quickly as possible. However, not all databases can immediately be updated and old data may remain in our archives and records for a short period until they are updated. We also might not be able to send changes to partners, suppliers or external service providers who have already received your data or information. We will keep information in certain circumstances even if you might have asked for it to be deleted so that we can settle disputes, analyse programs, implement our general terms and conditions of business and shopping rules and comply with legal requirements. For both technical and legal reasons this information is never completely deleted from our database, including saved back-up systems. If incorrect information about you should be kept despite our endeavours to ensure that data are up to date and correct we will rectify this at your request.
noo.ma uses physical, electronic and administrative security measures, including an extended firewall and password protection for its database, which are intended to ensure the security of the data. We restrict access to personal data to staff members who have a need to know this information in order to provide, develop or improve the services of noo.ma.
We may change this declaration from time to time by informing you of any changes and publishing the amended terms on the noo.ma website. For new users, the amended terms will be effective immediately; or existing users, they will come into effect 30 days after they have been communicated, excepting any users who object to them. If you have questions concerning this data protection declaration or the use of personal data at noo.ma, you can send an email to [email protected] or contact NOOMA Sp. z o.o., Woźna 9c/2, 61-777 Poznań, Poland.