Terms & Conditions

STATUTE

§1.

General provisions

The website available at www.ninabien.com is operated by the company nina bien s.r.o., with its registered office at: Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the competent registry court in the Czech Republic, NIP: CZ19060106, “Niña bien“.
These Regulations specify:
2.1. rules for purchasing goods in the online store available at www.ninabien.com, i.e. using means of distance communication;

2.2. information on filing complaints and the right of withdrawal;

2.3. rules for creating an account – My account – enabling logging in to the Online Store Niña bien for entrepreneurs and individuals.
For the purposes of these Regulations, the following definitions apply:

3.1. Customer an entity making purchases in the Online Store Niña bien, which is a natural person with full legal capacity or a legal person or an organizational unit without legal personality to which the law grants legal capacity;

3.2. Entrepreneur – a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity;

3.3. Consumer a Customer who is a consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity;

3.4. Moderator – Niña bien or another entity expressly designated by Niña bien who has access to comments and opinions on the Website Niña bien and moderates them;

3.5. My Account – an administrative tool provided on the Website Niña bien, through which the User/Customer can, among other things:

3.5.1. log in to the Online Store Niña bien and have access to your purchase history;

3.5.2. control and manage the parameters and scope of services/applications that the User/Customer uses via the Website Niña bien;

3.5.3. update and delete your data provided on the Website Niña bien;

3.5.4. express or withdraw consent to receiving commercial information.

3.6.Registration – creation of an individual account on the Website by the User/Customer Niña bien called My Account; Users/Customers register on the Website Niña bien by entering your e-mail address and password;

3.7. Online Store Niña bien (also “Store“) – an online store available on the Website Niña bien;

3.8. Seller – the entity that sells goods to the Customer: in the case of furniture sales, nina bien s.r.o., with its registered office at Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the competent registry court in the Czech Republic, Tax Identification Number: CZ19060106;

3.9. Side Niña bien– website registered at: www.ninabien.com, which is run by Niña bien and consists of an Online Store Niña bien;

3.10. Act – Act on Consumer Rights of 30 May 2014, as amended;

3.11. User – a natural person, of legal age, with full legal capacity, who uses the Website Niña bien;

3.12. working days – days from Monday to Friday, excluding public holidays.

3.13. Civil Code – the Civil Code Act of 23 April 1964, as amended.
The User may consent to receiving commercial information within the meaning of the Act on the Provision of Electronic Services of July 18, 2002, as amended. The aforementioned consent may be expressed by the User/Customer during Registration and at any time after Registration, in particular when using My Account. The aforementioned consent granted by the User/Customer may be withdrawn at any time. The Customer may also express this consent when making a purchase in the Online Store. Good girl.
Use of the Website Niña bien, including from the Online Store Niña bien, is possible provided that the IT system used by the User/Customer meets the following minimum technical requirements:

5.1. access to a computer station or terminal device with Internet access;

5.2. operation of one of the following web browsers: Internet Explorer version 10.0 or later with JavaScript and Cookies enabled, Mozilla Firefox version 16.0 or later with JavaScript and Cookies enabled, Opera version 13 or later with JavaScript and Cookies enabled, Safari version 5.1 or later with JavaScript and Cookies enabled.

§2.

Online Store Niña bien operating at www.ninabien.com is run by Niña Bien exclusively within the territory of the European Union and enables the conclusion of sales contracts for goods intended by the Seller for sale through the Store via the Internet. Please direct all customer questions and requests to the Online Store’s Customer Service Department. Niña Bien under e-mail address contact@ninabien.com.
In order to use the Online Store Niña bien. The customer should obtain access to a computer station or terminal device with Internet access on their own.
Delivery of goods ordered via the Online Store Niña bien are implemented only within the European Union.
Provided on the Website Niña bien the prices of individual goods, applicable on the day the Customer places an order for these individual goods, are valid from the day the Customer places the order until the day of its execution.
All prices quoted on the Website Niña bien are expressed in euros (EUR) and include VAT. The above prices do not include the costs of transporting the ordered goods to the delivery location indicated by the Customer ; these costs are additionally covered by the Customer.
Online Store Niña bien offers the option to make a purchase in one of the following modes:
1. in the “Standard“ mode – this mode allows you to purchase goods after prior registration in the Online Store Niña bien by creating My Account ; during registration, the Customer provides the following personal data: name and surname, address, telephone number, email address, password, and in the case of a purchase made by a Customer running a business, the Customer provides data related to their business, i.e. company name and legal form, address, Tax Identification Number (NIP) ; payment for the ordered goods can be made by traditional transfer, credit card or e-transfer at e-transfer.pl, or by selecting the “installments” option;
2. in the “Quick purchase“ mode – this mode allows you to purchase goods without registering in the Online Store Niña bien (without creating a My Account). Payment can be made by traditional bank transfer, credit card or electronic transfer, or by placing an order and selecting the “installment” option. The Customer provides data related to the delivery address, including the following personal data: name and surname, address, e-mail address, telephone number, and in the case of a purchase made by a Customer running a business, the Customer provides data related to the business he runs, i.e. company name and legal form, address, Tax Identification Number,
Regardless of the purchasing method chosen by the Customer, described in paragraph 6 above, orders for goods sold in the Online Store Niña bien are submitted by Customers by filling out the form available in the Online Store Niña bien.
After the Customer completes the purchase form and selects one of the purchase modes described in section 6 above and after accepting the order summary generated for the Customer by the Online Store server Niña bien, The customer makes a purchase by pressing the “order and pay” button.
Placement by the Customer in the Online Store Niña bien placing an order in any of the ways specified in paragraphs 6 – 8 above and accepting it by placing an order with the obligation to pay is equivalent to concluding a sales contract by the Customer with the Seller.
VAT invoice issued as payment for the goods purchased by the Customer in the Online Store Niña bien goods, will contain the data that the Customer provides when placing the order and will be sent electronically to the e-mail address provided by the Customer.
By accepting the Store Regulations, the customer consents to the sending of VAT invoices to the e-mail address provided in the order form.
When placing an order, the customer requests the issuance of a VAT invoice documenting the purchase of goods.
If the order placed by the Customer cannot be fulfilled in any part due to the unavailability of any of the products ordered by the Customer, the Online Store Niña bien will immediately notify the Customer of this and return to the Customer the entire sum of money received from the Customer as payment for the unavailable product.
Possible payment options and shipping costs are available on the Website. Niña bien During the ordering process, the customer can review and select payment and shipping options. This information is always provided in the information regarding individual products.
The customer is obligated to check the quantity of the ordered goods (conformity of the delivered goods with the warehouse document or order form). The customer should report any identified deficiencies/inconsistencies by email to contact@ninabien.com no later than 14 days from the date of receipt of the goods.

§3.

Complaints

The Seller is obligated to deliver the item to the Customer free of defects. Before being shipped to the Customer, the ordered goods are thoroughly inspected for quality and quantity. The Seller is liable for any non-conformity of the goods with the contract under the consumer warranty, pursuant to the principles set forth in the Consumer Rights Act. Due to production technology and differences in color display on computer and phone monitors, the colors of boards, wood, ceramics, and fabric patterns in individual product batches may differ slightly from each other or from the products displayed in the photos. Parts of individual goods or the same goods purchased at different times may exhibit color differences. This is a natural process resulting from material wear, exposure to sunlight, and oxidation.
Please always check with the postman/courier for any visible external damage. If the package shows signs of damage, please report any concerns to the carrier, along with a description of the damage.
The customer has the right to submit a complaint in any legally permissible manner, including:
1. orally for the record,
2. in writing (letter, fax, e-mail to the address indicated in point 4 below).
In the event of a complaint submitted under the consumer warranty, the Customer is entitled to:
1. requesting repair or replacement of the goods. The Seller may replace the goods if the Customer requests a repair, or the Seller may repair the goods if the Customer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs apply to both repair and replacement, the Seller may refuse to bring the goods into conformity with the contract.
2. submitting a declaration of price reduction or withdrawal from the contract when:
  1. The Seller has refused to bring the goods into conformity with the contract if both replacement and repair of the goods are impossible or would require excessive costs for the Seller;
  2. The Seller failed to repair or replace the goods that were inconsistent with the contract in accordance with Article 43d paragraphs 4-5 of the Act,
  3. The Seller has not dismantled the goods that are inconsistent with the Contract in order to repair or replace them or has not reinstalled them after the replacement or repair has been carried out (or has not commissioned the above-mentioned activities at its own expense) – this only applies to the case where the non-conformity of the goods with the contract was revealed after the installation of the goods;
  4. the goods are still inconsistent with the contract, even though the Seller has tried to bring the goods into compliance with the contract;
  5. the non-conformity of the goods with the contract is so significant that it justifies an immediate reduction in the Price or withdrawal from the contract;
  6. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.
The Customer may not withdraw from the Contract if the non-conformity of the goods with the contract is immaterial.
Complaints regarding furniture and decorative items submitted in writing should be sent to the following address: Niña bien, Customer Service Department, Tadeusza Kosciuszki St. 40/8, 90-481 Łódź, Poland, phone no. +33 645 70 00 71, e-mail address: contact@ninabien.com.
Any doubts related to complaints can be clarified by calling 67 25 39 441 on weekdays from Monday to Friday, 8:00 a.m. to 3:00 p.m., or by emailing contact@ninabien.com.
company nina bien s.r.o., with its registered office at Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the competent registry court in the Czech Republic, Tax Identification Number: CZ19060106, informs that there are possibilities for out-of-court complaint and redress procedures, for example, with the help of municipal or district consumer ombudsmen, or using out-of-court complaint resolution methods through mediation or arbitration courts, with the participation of, among others, Provincial Trade Inspectorates. It is also possible to resolve a dispute between a consumer and a trader by using the online service (ODR platform) at: www.ec.europa.eu/consumers/odr/. Using the above-mentioned dispute resolution methods is voluntary.
The Seller excludes its liability under the warranty (non-conformity of the goods with the contract) towards entrepreneurs, with the exception of natural persons concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity.

§4.

The right of the consumer and entrepreneur to withdraw from a distance contract i.e. concluded via the Online Store Niña bien

The right to withdraw from the contract, regulated in this §4 of the Regulations, applies and is available only to Customers who are Consumers or Entrepreneurs within the meaning of these Regulations.
Right of withdrawal.
1. Pursuant to the Consumer Rights Act of 30 May 2014, you have the right to withdraw from a contract concluded remotely, i.e. via the Store. Niña bien, in a term of
  14 days without giving any reason. The deadline for withdrawal from the contract expires after 14 days from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item, and in the case of items delivered separately, in batches or in parts: within 14 days from the date on which you came into possession of the last item, batch or part or on which a third party other than the carrier and indicated by you came into possession of the last item, batch or part.
2. To exercise your right of withdrawal, you must inform us, i.e. nina bien s.r.o., with its registered office at Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the competent registry court in the Czech Republic, Tax Identification Number: CZ19060106, e-mail: contact@ninabien.com, of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
3. You may use the withdrawal form template, which is also attached as Annex 1 to these Terms and Conditions, but this is not mandatory. You may also complete and submit withdrawal form or any other clear statement electronically. If you use this option, we will immediately send you a confirmation of receipt of your withdrawal notice on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send the notice concerning your exercise of the right of withdrawal before the withdrawal deadline expires
Consequences of withdrawal from the contract.
1. In the event of withdrawal from a contract concluded remotely, i.e. via the Online Store Niña bien, we will reimburse all payments received from you, including the costs of delivery (excluding the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right of withdrawal. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise ; in any case, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods or until you have provided us with proof of having sent back the goods, whichever occurs first. In case of returning furniture and decorative items, please send or deliver the item to us at the following address: nina bien s.r.o., with its registered office at: Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic.
The right to withdraw from a distance contract does not apply to the Consumer and the Entrepreneur in relation to contracts:
1. for the provision of services, if the seller has fully performed the service with the express consent of the Consumer or Entrepreneur, who was informed before the commencement of the service that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract;
2. where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the expiry of the withdrawal period;
3. in which the subject of the provision is a non-prefabricated item, manufactured according to the specifications of the Consumer or Entrepreneur or intended to meet their individual needs;
4. where the subject of the performance is an item that spoils quickly or has a short shelf life;
5. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
6. in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things;
7. where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
8. in which the Consumer or Entrepreneur has expressly requested the seller to come to him for urgent repair or maintenance ; if the seller provides additional services other than those requested by the Consumer or Entrepreneur, or supplies items other than spare parts necessary for repair or maintenance, the Consumer or Entrepreneur has the right to withdraw from the contract in respect of additional services or items;
9. where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
11. concluded through public auction;
12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
13. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer or Entrepreneur before the expiry of the withdrawal period and after the seller has informed him or her of the loss of the right to withdraw from the contract.

§6.

Personal data protection

In accordance with the Personal Data Protection Act of 10 May 2018 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 (General Data Protection Regulation) (OJ EU L 119, p. 1), the owner of the Online Store Niña bien informs that the personal data of Customers who are natural persons registered in the Online Store and Users are stored in a data set whose data controller is the company nina bien s.r.o., with its registered office at Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the competent registry court in the Czech Republic, Tax Identification Number: CZ19060106.
In accordance with the above-mentioned provisions, the owner of the Nina bien Online Store informs that the personal data of Customers who are natural persons not registered in the Online Store are stored in a data set whose data controller is the Seller.
Personal data will be collected and processed solely for the purposes of fulfilling orders placed by the Customer in the Store, handling complaints, accepting returns of goods/withdrawal from the contract, and, with the Customer/User’s consent, also for the purpose of using the social media section, conducting promotional and advertising campaigns, in compliance with the data security requirements specified in the provisions on personal data protection and marketing activities.
Every Customer/User has the right to access their personal data, request supplementation, updating, or correction of their personal data, temporarily or permanently suspend its processing, or delete it if it is incomplete, outdated, inaccurate, collected in violation of the law, or is no longer necessary for the purpose for which it was collected. These rights or requests should be submitted to Nina bien.
Nina bien may entrust the processing of personal data to other entities for the purpose and to the extent required for the proper implementation of the Service for which they were collected.
Information provided by the User in the social media section, such as the User’s name, product reviews, and project comments (excluding the User’s email address), is public information that may be made publicly available within the social media section of the Nina Bien Website. In particular, it may be accessible to anyone using the internet, which the User is aware of and must consent to when registering for the social media section of the Nina Bien Website if they intend to use it.
In order to ensure the security of your data and compliance with personal data protection regulations, both Nina Bien and the Seller have appointed and registered with the Office for Personal Data Protection (formerly: Inspector General for Personal Data Protection) a person acting as the Data Protection Inspector.
Correspondence to our Data Protection Officer regarding all matters relating to the processing of personal data via the Nina bien Online Store or the Nina bien Website can be directed to the following email address: iod@ninabien.com. You can also contact us traditionally by writing to our registered office address: iod@ninabien.com.
You may with draw your consent at any time (a link to withdraw consent can also be found in every email from us).
Please remember that withdrawing your consent takes effect from the moment it occurs. Until we learn that you no longer wish to receive our communications, our actions are lawful.
We will process your data for as long as you consent. If you withdraw your consent, we will delete your data immediately, no later than 5 business days from the date of your request. This is the maximum time we need to operationally delete your data from our resources.
In order to send emails, we use the services of a processor – our trusted partner of the company GetResponse S.A. (Polish joint-stock company) incorporated under the laws of the Republic of Poland, with its registered office at Grunwaldzka 413, 80-309, Gdansk, Poland.
We do not transfer your data to other recipients, neither in the EEA nor in a third country.
We would also like to inform you that you have the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection (formerly the Inspector General for Personal Data Protection).

§7.

Publication of photos of clients’ interiors

The moderator enables the publication of photos of Users’ interior designs on the ninabien.com website in the Your Interiors tab and on social media, which must include Nina Bien products.
By publishing a photo on social media marked with #ninabiendesign and @ninabien_design, the User decides to share it with the Moderator.
The Moderator selects from among the photos marked in accordance with the provisions in point 2 above and published on social media those of interest to the Nina Bien Group and contacts the selected User via social media.
The user may consent to the publication of his or her photo by posting the comment #ninabienclub under the photo.
By publishing the #ninabienclub comment, the User declares that he or she gives consent to the public presentation of the original photo in the mass media.
Users’ photos will be used solely for the purpose of posting them on the ninabien.com website and on Nina Bien’s social media (in particular on Facebook and Instagram).
Nina bien Company is not responsible for the content of comments sent between Users posted under the published photo.

§8.

Opinions in the online store

Online Store Customers have the option to voluntarily and freely submit a review regarding purchases made in the Online Store. The subject of a review may also be a rating, photo, or review of a product purchased in the Online Store.
After making a purchase in the Online Store, the Seller provides the data necessary to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting opinions in forms is fully handled by TrustMate SA, with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an email requesting a review and a link to the online form enabling it to be submitted. The online form allows the Customer to answer the Seller’s questions about the purchase, rate it, add their own description of the review, and provide a photo of the purchased product. If a review is not submitted after receiving the initial invitation to submit a review, TrustMate may resend the invitation.
An opinion may only be submitted by a Customer who has made a purchase in the Seller’s Online Store.
Opinions submitted by the Customer are published by the Seller in the Online Store and on the TrustMate.io business card.
The Seller reserves the right to refuse to publish an opinion if:
1. is contrary to the law or good manners, in particular calls for racial, religious, etc. hatred or contains pornographic or vulgar content;
2. contains content of a commercial nature,
3. contains technically harmful elements such as viruses or other potentially harmful software or files,
4. violates any rights of third parties, including rights related to copyright protection or trade secrets,
5. contains links to other websites, in particular competitive online stores,
6. does not apply in whole or in part to the product being reviewed,
7. contains confidential information or personal data.
The Customer may not use the opinion provided for illegal activities, in particular for activities constituting an act of unfair competition towards the Seller or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties.
A review may only be submitted for products actually purchased in the Online Store. It is prohibited to enter into fictitious/sham sales agreements for the purpose of submitting a review. Neither the Seller nor its employees, regardless of their employment status, may submit a review.
An opinion may be deleted by its author at any time.
Upon issuing an opinion, the Customer grants the Seller a non-exclusive, royalty-free, unlimited in time and territory license to the issued opinion as a work, together with the right to sub-license it to third parties, in the following fields of exploitation:
1. recording and reproduction by any technique;
2. use in promotion or advertising regarding the Seller’s activities,
3. placing on websites and in all publications concerning the Seller,
4. use in all marketing materials of the Seller;
5. the right to make it publicly available through any publication channels in such a way that everyone can have access to it at a place and time of their choice;
  To the extent that the Customer is the subject of moral rights to the opinion, he or she undertakes not to exercise the right of authorial supervision in relation to the Seller.

§10.

Final provisions

Users/Customers are prohibited from using the Nina bien Website in a manner inconsistent with generally applicable law and these Regulations, i.e. in particular it is prohibited to: posting in any form (e.g. comments, opinions, photos) content:
1. 1. of an erotic or pornographic nature,
  2. displaying even parti
  3. any action that may hinder or destabilize the functioning of the Nina bien Website or that may expose Nina bien or its associated entities to unjustified loss of reputation or good name.
If Nina Bien becomes aware of any violations of the Regulations, including the violations listed in §7 section 1 above, the accounts of the User/Customer committing the above-mentioned violations may be immediately suspended or deleted by the Moderator.
Nina bien is not responsible:
1. for the content of messages sent between Customers/Users,
2. for actions of the User/Customer that are inconsistent with the Regulations and damages caused by the use of the Nina bien Website by the User/Customer that is inconsistent with the Regulations,
3. for damages resulting from the use by the User/Customer of computer hardware and software that do not meet the requirements specified in §1 section 5 above, in particular for the takeover of the User/Customer’s login and password to their account by third p

Appendix No. 1. Withdrawal form from a distance contract (this form should be completed and returned by post, fax or e-mail only if you wish to withdraw from the contract)

Address:

Nina bien, Niña bien, Customer Service Department, Tadeusza Kosciuszki St. 40/8, 90-481 Łódź, Poland

I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific work consisting in the performance of the following items(*)/the provision of the following service(*)

…………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………

……………………….

Address of consumer(s)

…………………………………………………………………………………………………………………………………

Date and signature of consumer(s) (only if the form is submitted in paper format)

(*) Delete as appropriate

I already have an account on ninabien.com

New B2B client

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§7.

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§10.

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