In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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; hereinafter referred to as GDPR), the Controller of your personal data shall be: THALE sp. z o. o. sp. k., Wilimowo 2, 11-041 Olsztyn, Polska hereinafter referred to: the Company.
The Data Protection Officer shall be Mr. Michał Cupiał, who can be contacted via e-mail: iod@niczuk.pl or conventional correspondence to the address above.
1. We process personal data:
1.1. When you use the contact form
By using the forms you agree to the processing of all the information contained therein in order to answer your questions or comments placed in the form. The provision of this data is voluntary and the consent can be withdrawn at any time. The withdrawal of consent does not affect the compatibility with the processing that the Company has carried out before the withdrawal. In this regard, your personal data will be processed until we make contact with you or until you withdraw your consent.
1.2. When we process your orders
When we conclude an agreement with you for the manufacture or delivery of products offered by us, your personal data will be processed for the performance and settlement of the concluded agreement, as well as the organization of the transport of goods. In this case, the provision of the requested personal data is mandatory. Data concerning the concluded agreement and data collected for the purpose of its settlement shall be processed for the period required by law, at least for 5 years, counting from the first day of the year following the year in which the agreement was settled. This period may be prolonged in case of a possible claim by one of the parties to the agreement.
1.3. When we handle lodged complaints
If you lodge a complaint about our products or services, your personal data will be processed for the purpose of handling the complaint. In this case, the provision of the requested personal data is mandatory. Data regarding the lodged complaint will be kept for 1 year after the complaint has been processed. This period may be prolonged in case of a possible claim by one of the parties.
1.4. Conducting video surveillance
Surveillance is conducted in accordance with the provisions of the Labor Code, which is the Company's legitimate interest, and the recordings shall be stored for a maximum of 1 month from the date of recording.
1.5. Organizing or co-organizing industry training courses
In the case of handling your applications for participation in training courses organized by the Company, data processing shall be carried out on the basis of consent to the processing of personal data, while from the moment of confirmation of participation in a given training course, processing shall be carried out in connection with the execution of the agreement the subject of which is the provision of training services. Provision of data is necessary for the aforementioned purposes.
We store data related to the completed training services until the statute of limitations for potential claims and taking into account the periods required by tax regulations. As a rule, this period is 5 years after the year in which the settlement was completed. Whereas, in the case of resignation from the training prior to confirmation of participation, the data shall be stored until the consent to the processing of personal data is withdrawn. The withdrawal can only take place until the Company incurs costs related to the training service provided. Withdrawal of consent shall result in removal of personal data from the list of persons willing to participate in the training.
1.6. Informing about professional training courses
If you consent to receive information about upcoming trainings, we shall process your personal data collected in this manner on the basis of your consent. Both granting consent and providing personal data in this regard are voluntary. The collected data shall be stored until you withdraw your consent.
1.7. Handling correspondence via post or e-mail
When we contact you or respond to your inquiries, via post or e-mail, including in the context of the contracts we execute, we process the personal data contained in the correspondence solely for the purpose of communication, resolution of the matter or execution of the agreement.
The legal basis for the processing is our legitimate interest, i.e., handling correspondence addressed to the Company in connection with its business activities (Article 6(1)(f) GDPR).
Provision of data is necessary to enable us to identify persons with whom we are contacting or whose case we are to resolve. We shall process the data for the time necessary to settle the case, but no longer than 6 years from the date of receipt of the last correspondence.
1.8. During telephone contact
In case of telephone contact, we shall ask you to provide personal data when your case necessitates it. The legal basis for the processing is our legitimate interest, which is to be able to identify the person whose case we are handling (Article 6(1)(f) GDPR). Provision of data is necessary for the aforementioned processing purposes. The data shall be stored for the time necessary to handle the case. However, no longer than 6 years.
1.9. Managing our LinkedIn profile
We process your personal data on our LinkedIn profile (URL: https://www.linkedin.com/company/niczuk-eu/), e.g., if you visit our profile and leave comments and posts on it.
The legal basis for the processing is our legitimate interest, i.e., promoting the Company's activities by informing you about events, services and products, as well as publishing posts on our activities (Article 6(1)(f) GDPR).
Provision of data is necessary for the aforementioned purposes.
In this case, your personal data may be processed by LinkedIn Ireland Unlimited Company outside the EEA countries. Details of the security measures provided by LinkedIn in this regard can be found at: https://pl.linkedin.com/legal/privacy-policy?_l=pl_PL. LinkedIn ensures that it applies the European Commission-approved Standard Contractual Clauses, which are legal mechanisms for the transfer of data out of the EU. Details can be found at: https://www.linkedin.com/help/linkedin/answer/a1343190?trk=microsites-frontend_legal_privacy-policy&lang=pl . We shall store your personal data for the duration of its publication on our LinkedIn profile.
Your rights:
- request access to your personal data as well as rectification and restriction of processing of your personal data,
- object to data processing.
1.10. Managing our Instagram profile
We process your personal data on our Instagram profile (URL: https://www.instagram.com/niczuk/), e.g., if you visit our profile, follow it and leave likes and comments on it.
The legal basis for the processing is our legitimate interest, i.e., promoting the Company's activities by informing you about events, services and products, as well as publishing posts on our activities (Article 6(1)(f) GDPR).
Provision of data is necessary for the aforementioned purposes.
In this case, your personal data may be processed by META outside of the EEA countries. More details on the security measures provided by Instagram and Facebook in this regard can be found at https://pl-pl.facebook.com/help/instagram/519522125107875/?helpref=uf_share and https://pl-pl.facebook.com/business/gdpr.
1.11. We shall store your personal data for the duration of its publication on our Instagram profile
Requests regarding the exercise of your rights can be submitted:
- in writing to the address: THALE sp. z o. o. sp. k. (NICZUK brand owner), Wilimowo 2, 11-041 Olsztyn,
- via e-mail to: iod@niczuk.pl
2. Withdrawal of consent for the processing of personal data
You have the right to withdraw your consent for processing of personal data by sending an e-mail to: iod@niczuk.pl with the following content:
“I hereby withdraw my consent to the processing of personal data regarding my e-mail address (please provide your e-mail address)” or in person at the Company’s registered office. Withdrawal of consent can only be made by the personal data subject. The Company reserves the right to verify the identity of the person withdrawing consent in order to ensure proper exercise of rights.
3. Sharing personal data
Collected personal data may be shared:
with providers of information systems and cooperating entities in order to perform technical activities aimed at ensuring the security of these systems;
entities providing postal services in accordance with the postal law in order to conduct traditional correspondence;
banks in case of the need to make settlements;
entities with which the Company cooperates in order to organize training courses.
Any disclosure of personal data shall be carried out in accordance with applicable law and only when it is necessary for the performance and settlement of services provided, while ensuring the confidentiality of processed personal data.
4. Rights of personal data subject
In connection with the processing carried out, you have the right to request:
access to and rectification of your personal data in accordance with the provisions of the GDPR,
restriction of processing of your personal data,
erasure of your personal data in the case of data processed on the basis of your consent.
You also have the right to lodge a complaint with the President of the Office for the Protection of Personal Data.
5. Transfer of personal data to third countries
The personal data we collect is stored on servers located in the European Union. However, some of the processed data, including data transferred via e-mail, is processed by us using cloud services provided by Microsoft and may therefore be transferred under standard contractual clauses to a third country. The security rules for the transfer of data under the standard contractual clauses and applied by Microsoft are described here: https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA?lang=23
PRICES AND PAYMENT TERMS AND CONDITIONS
1. The prices of goods presented in offers and in the General Sales Conditions are net prices, i.e. excluding VAT, EXW the Seller's warehouse.
2. THALE sp. z o.o. sp.k. reserves their right to change prices of goods in sales programme, introduce new goods to the sales programme, carry out and cancel promotional actions or make changes in them.
3. A VAT invoice is issued for each order. The payment term is indicated on the VAT invoice.
4. The following forms of payment are possible: bank transfer – payment term is determined individually.
5. If the Customer fails to make the payment due within 14 days after the deadline indicated on the invoice, then the Seller is entitled to charge statutory interest for late payment at the maximum amount.
TERMS OF DELIVERY
I. Delivery costs:
1. Unless otherwise agreed, the Seller organizes the transport of the ordered goods to the Customer.
2. The cost of freight, depending on the order configuration (volume, length, weight, place of delivery) can be partially or fully covered by the Seller.
II. Rules for the execution of orders:
1. The ordered goods are delivered by specialized shipping companies or carriers.
2. Typical orders placed on a working day by 12:00 pm (PL time for THALE sp. z o.o. sp.k.) are accepted for processing on the same day. Orders placed on Sundays and holidays are accepted for processing on the first working day following the day on which the order was placed. Delivery of goods to the Purchaser is scheduled within two working days after confirming the availability of goods. In case of a delivery location distant from major transportation routes is indicated, the delivery may not take place until the second business day counting from the day following the day of the order.
3. The Customer shall receive a confirmation of the order delivery date.
4. The Seller reserves the right to extend the order delivery date in case of factors beyond its control, such as: roadblocks, carrier strikes, disasters, plant immobilization, etc.
5. Orders for non-standard products are carried out by individual arrangement.
6. The order will be accepted provided that the goods are in stock:
In case of unavailability of some of the goods included in the order, the Customer shall be informed about the status of the order and decide how to execute it (partial fulfillment, extension of the waiting time, cancellation of the entire order).
7. After the expiration of 5 working days after the day on which the Seller or the carrier attempted to deliver the goods or the Seller notified the Customer that the goods could be picked up, and the Customer did not pick them up or did not accept their delivery, the Seller may resell or otherwise dispose of the goods.
RULES FOR FILING QUANTITATIVE, QUALITATIVE AND VALUE-RELATED COMPLAINTS
1. In order to safeguard the legitimate interests of the both parties, the Customer shall exercise due diligence when receiving the goods from the carrier by checking the quantity, weight and condition of the packages in which the goods were delivered. In the event of damage, tearing or loss, one shall report this fact to the courier or carrier and, in their presence, confirm the findings with an entry in the delivery discrepancy report. The absence of a delivery discrepancy protocol prevents the filing of a quantity-related claim.
2. When filing a complaint concerning quantity, quality or value, the Customer shall immediately, notify the Seller of the situation by telephone and confirm this fact by e-mail, no later than 6 working days from the date of receiving the delivery.
3. After this period, the Seller has the right to refuse the complaint.
4. Depending on the scope of the complaint, the Customer shall:
• in case of a quantity complaint, check and recalculate the delivered bulk packages
• report irregularities in the complaint protocol stating:
(a) the full name of the Customer,
(b) the number of the invoice (or the TI/delivery note) and the date of its issuance,
(c) delivery date and bill of lading number,
(d) discrepancies found between order and delivery or discrepancies in actual deliveries and documents,
(e) digital and letter symbols of labels attached to packages of advertised product ranges.
• In the case of a quality-related complaint, a complaint report shall be drawn up stating:
(a) the full name of the Customer,
(b) the number of the invoice (or the TI/delivery) or the date of purchase,
(c) quality defects found in the products, in the opinion of the Customer, together with a brief description or photographs documenting the irregularities indicated.
• In case of a value-related claim, the Customer shall state the basis on which the claim of price inconsistency is based, at the same time stating:
(a) the full name of the Purchaser,
(b) the number of the invoice (or the TI/delivery note) and the date of its issuance,
(c) discrepancies found between the prices of products ordered, confirmed and delivered.
5. The Seller undertakes to consider the complaint submitted within 14 days from the date of receipt of the complaint report. In case of more complicated complaints the time can be extended up to 30 days.
6. If the complaint is accepted and the delivery of defect-free products is demanded, the Customer is obliged to return the products affected by the claim to the Seller and take delivery of defect-free goods. If the returned products have been discontinued, the Seller shall issue a correction invoice at the purchase prices and refund the amount due to the Purchaser's bank account.
7. The Seller covers the costs of processing only legitimate complaints.
8. The rules for filing complaints by consumers are governed by the provisions of the Polish Civil Code, as amended.
RULES FOR THE RETURN OF FULL-VALUE GOODS
1. Full-value goods, as a rule, are not returnable.
2. In the case of individual arrangements with the Customer, THALE sp. z o.o. sp.k. accepts the return of full-value goods up to 12 months from the date of purchase, but no later than 4 months before the expiration date (if such applies to the product), however, provided there is a payment of a handling fee associated with processing of the aforementioned return.
3. Only goods in their original full packaging – which must not be destroyed or damaged – having their label intact, are eligible for return. The goods must not be damaged, soiled and must not bear signs of use. The returned goods must appear in the current offer of THALE sp. z o.o. sp.k. The return of goods is at the expense of the Buyer.
4. The Seller has 5 working days to send a response regarding the return.
5. The amount of the handling fee is determined individually with the Customer who expressed a desire to make a return included in point 2 and depends on the quantity of returned goods.
6. The Seller verifies the contents of the received return, in accordance with the declared quantity and quality.
7. The Customer, expressing a desire to return full-value goods, is obliged to prepare a document containing:
• Customer data,
• TI/Delivery Note or sales invoice number,
• quantity of returned goods.
8. The Seller is obliged to issue a corrective invoice for the aforementioned goods.
9. The seller shall issue a debit invoice for the amount of the agreed handling fee regardless of the issuance of the adjustment invoice included in point. 8.
ORDER CANCELLATION FOR NON-STANDARD PRODUCTS
1. If the Buyer withdraws from the purchase of non-standard products, i.e. products ordered and produced on an individual order, Buyer is obliged to pay 100% of the gross value of the ordered goods.
TERMINATION
1. The Seller may terminate the Agreement with immediate effect by notifying the Customer in writing if:
1.1 The Customer commits a material breach of any of the terms and conditions of the Agreement and (if such breach is remediable) fails to remedy the breach within 14 days of receiving written notice to the party;
1.2 Customer takes any steps or actions in connection with its entry into administrative receiver, provisional liquidation or arrangement with creditors;
1.3 The Customer suspends, threatens to suspend, discontinues or threatens to discontinue all or a significant part of its business;
1.4 The Customer's financial situation deteriorates to such an extent that, in the opinion of the Seller, the Customer will not meet its obligations.
2. The Seller may suspend delivery of the goods if the Customer is subject to any of the events listed in Clause 1.1 through Clause 1.4, or the Seller has a reasonable belief that the Customer will soon become subject to any of them, or if the Customer fails to pay any amount due by the due date.
3. The Seller may terminate the Agreement with immediate effect by notifying the Customer in writing if the Customer fails to pay any amount due by the due date.
4. Upon termination of the Agreement for any reason, the Customer shall promptly pay all outstanding unpaid invoices and interest to the Seller.
LIMITATION OF LIABILITY
1. In no event shall the Seller be liable to the Customer, for any loss of profit or any loss arising out of or in connection with doing business with THALE sp. z o.o. sp.k.
2. The Seller shall not be liable and may refuse to provide a warranty for damages that occurred for reasons attributable to the Buyer, for improper use of the supplied products, incorrect installation, incorrect commissioning, for incorrect handling of the products.
FORCE MAJEURE
1. Neither party shall be liable for delay in performance or non-performance of any of its obligations if this is due to events or causes caused by force majeure phenomena, i.e. any circumstances that could not have been foreseen or prevented and are not caused by either party.
2. Under such circumstances, the term of the Agreement shall be extended by a period corresponding to the period during which execution was delayed or not completed. If the period of delay or default lasts for 4 weeks, the affected party may terminate the Agreement by giving the affected party 14 days written notice.
FINAL PROVISIONS
1. THALE sp. z o.o. sp. k. reserves the right to amend the Regulations. The amended provisions enter into force on the date pi if they were communicated to the Customer at the time of placing the order in such a way that the Customer had the opportunity to familiarize themselves with their content.
2. Placing and confirming an order is tantamount to agreeing to all the provisions and information contained in the Terms and Conditions.
3. For the interpretation and application of this Agreement, Polish law shall apply. Any disputes arising from this Agreement shall be heard by the competent Courts for the registered office of THALE sp. z o.o. sp.k.
