TATUUM.COM ONLINE STORE TERMS OF SERVICE - VALID FROM 20.05.2018
§ 1 Introduction
These Terms of Service specify the general conditions of using the Online Store which is found at the Internet address http://www.tatuum.com/en.
§ 2 Definitions
For the purposes of these Terms of Service the terms listed below shall have the following definitions:
1. Seller – the KAN Sp. z o.o. Company with a registered office in Łódź, address: 92-760 Łódź, ul. Wiączyńska 8a, entered into the entrepreneurs’ registry kept by the District Court of Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number 119998, assigned the REGON number 471164930 and the Tax ID 7251019880, which enables purchasing of goods via the Online Store which it owns.
2. Store - the online store found at the Internet address http://www.tatuum.com, which enables the sale of Goods without simultaneous presence of the parties to the transaction, using telecommunication networks.
3. Customer - a natural person (including Consumer), legal entity or organizational unit with full capacity to perform acts in law, which makes purchases at the Store.
4. Consumer - a natural person which makes purchases at the Store for purposes not related directly to any business enterprise conducted by it.
5. Goods - movable items offered by the Seller via the Store, in particular Goods by the TATUUM brand; all goods are brand-new and free of legal defects.
6. Cart - an electronic form via which the Customer places an Order.
7. Account - established following Registration, the Account enables the Customer to, among other things, make purchases of Goods in an easier and quicker manner.
8. Price - the unit price of the goods presented in the description of the Goods, expressed in Polish zlotys and including the goods and services VAT tax; the Price does not include the delivery and payment cost.
9. Dedicated transfer - a money transfer carried out via an online payment service.
10. Facebook – the social network service available under the domain www.facebook.com, through which the Store User is able to register or log in to their Account at the Store.
§ 3 General terms
1. Placement of Orders at the Store takes place using a data communication system.
2. In order to use the Store it is required to have a device with Internet access and an Internet browser.
3. Before Registration the Customer is obliged to become familiar with and accept the contents of the Terms of Service and Appendices which constitute their integral part.
4. The contents of the Store’s websites is the property of the Seller and is under legal protection.
5. The Customer may contact the Seller:
a) via e-mail at the address: firstname.lastname@example.org
b) via Facebook: https://www.facebook.com/TatuumOfficial
c) via post at the address – KAN Sp. z o.o. adres: 92-760 Łódź, ul. Wiączyńska 8a.
6. The contents presented on the Store’s websites, in particular announcements, advertisements, price lists and other information, do not constitute an offer in accordance with provisions of art. 66 and 66 of the Civil Code, but an invitation to place offers.
7. The prices of Goods featured in the Store’s assortment are expressed in Polish zlotys and include VAT tax. The Seller may make modifications to the Store’s assortment, prices of Goods, initiate and terminate promotional campaigns. Such changes do not affect any sales agreements for individual Goods already concluded with the Customers.
§ 4 Account
1. Registration of an Account is free of charge.
2. Registration is effected by filling out a form which is available at the Internet address https://www.tatuum.com/en/authentication?back=my-account. The form constitutes the Seller’s offer directed towards the potential Customer on the subject of concluding an Account registration agreement.
3. Registration of the Account at the Store is also possible via the Facebook website; in order to do this, the User may click the “Register via Facebook” icon. Through this form of registration the Seller shall receive the following information from the Facebook website: Your public profile and e-mail address.
4. When Registering, a Customer – Consumer provides the following Data:
b) e-mail address,
c) name and surname,
e) telephone number,
f) date of birth,
5. A Customer who is not a Consumer also provides the following information:
a) company name,
b) name and surname of the person placing the Order,
c) company address,
d) e-mail address,
e) telephone number.
6. It is prohibited to enter illegitimate or illegal content in the form.
7. Clicking the “Register” button causes the registration form to be sent to the Seller and is equivalent to the individual registering the Account accepting the Seller’s offer, as stipulated in the provision of item 2 in this section. Afterwards, the Seller and individual who has filled out the registration form are bound by an Account registration agreement.
8. Upon concluding the agreement, the Seller in accordance with the provisions of the above item sends the Customer a message confirming the Account registration at the e-mail address provided.
9. Holding an Account at the Store enables the Customer to:
a) place Orders,
b) browse their Order history,
c) monitor the payment status for placed Orders,
d) make quick and easy purchases,
e) personalize and secure their access.
10. The Seller recommends that the Customer take care in regards to storage of their Store login information in order to prevent unauthorized persons from gaining access to this information.
§ 5 Order Placement
1. Placement of an order takes place:
a) via the Account on the website http://www.tatuum.com,
b) by placing an individual Order on the website indicated above without Registering.
2. Placement of an order in accordance with item 1 above takes place using the Cart.
3. Before placing the Order the Customer is able to select the parameters of the Goods, including quantity, color, size, as well as choose the receipt method (delivery/personal collection) and payment method.
4. By clicking the “Buy and pay” icon the Customer accepts the sales terms, properties and price of the Goods and undertakes to pay the Price and Delivery Costs.
5. If the Customer does not have an Account, they need to provide the information essential to performing the order. If the Customer selects the option to place an order without registering an Account, then placement of an order will require acceptance of the Terms of Service, privacy and cookie files policy.
6. The Order constitutes an offer made by the Customer to the Seller of concluding an agreement for the sale of Goods contained in the Cart.
7. After placing an Order the Customer receives an e-mail message titled “[TATUUM ESHOP] New Order”, which constitutes confirmation of order receipt by the store, and receives the following in the form of appendices:
a) these Terms of Service,
c) a Contract withdrawal form and notices within this scope.
8. Afterwards the Customer receives an e-mail message titled “[TATUUM ESHOP] Confirmation of order completion”, which contains the final confirmation of accepting the offer as stipulated in item 7 of this section and all significant order elements in terms of remote sales. At this moment a sales agreement is concluded between the Customer and the Seller.
9. The third message titled “[TATUUM ESHOP] Shipping confirmation” will be an e-mail informing that the order has been shipped.
10. The Seller reserves the right to refuse performance of an Order which has been placed without or with an invalid e-mail address or telephone number.
11. In the event of a lack of the ordered Goods in the Store’s inventory and impossibility to acquire it in time to carry out the given Order, the Customer shall be informed of that fact without delay and shall receive a refund of the payments made.
12. The ordered Goods are delivered to the Customer using the method they have selected.
13. Costs associated with delivery of goods and payment handling are covered by the Customer, whereas the Seller may determine a specific purchase value threshold which, when exceeded by the Customer, will result in the Seller covering the delivery and payment costs.
§ 6 Withdrawal from the Agreement
1. If the Customer is a Consumer, they have the right to withdraw from a sales agreement concluded with the Seller without statement of cause within 14 days from the date on which the Customer has come into possession of the item or on which a third party other than the carrier and indicated by the Customer has come into possession of the item. If the subject of the agreement consists of multiple items delivered separately, this timeframe expires 14 days after the date on which the Customer has come into possession of the item or on which a third party other than the carrier and indicated by the Customer has come into possession of the item.
2. To exercise the right to withdraw from the agreement, the Customer must inform the Seller of their decision to withdraw from the agreement by way of an explicit statement (for example submitted in writing and sent via post or electronic mail at the Seller’s address provided in § 1 letter a of the Terms of Service).
3. The Customer may use an agreement withdrawal from template available at the address: https://www.tatuum.com/en/content/20-returns, but it is not mandatory.
4. To observe the agreement withdrawal term, it is sufficient for the Customer to send the information regarding exercising their right to withdraw from the agreement prior to the expiry of the agreement withdrawal deadline.
5. The right to withdraw from an agreement does not apply, if the object of the agreement consists of items delivered in a sealed package, which upon opening of the package cannot be returned due to health protection or hygienic reasons, if the packaging has been opened upon delivery.
6. In the event of withdrawal from an agreement, the Seller returns to the Customer all payments received, including the item’s delivery costs (with the exception of additional costs arising from the delivery method chosen by the Customer other than the least expensive regular method of delivery offered by the Seller), without delay, and in any case no later than 14 days after the receipt of the Customer’s statement of withdrawal from the agreement. The Store shall return the payment using the same payment method which has been used by the Customer in their original transactions, unless the Customer clearly agrees to using a different solution and it is not associated with any additional costs.
7. The Seller may suspend return of the payment until the time of receiving the item or delivery of proof of return shipment, whichever comes earlier.
8. The Consumer is obliged to return the Goods without delay, no later than within 14 days from informing the Seller of their withdrawal from the agreement. To observe this deadline it is sufficient for the Customer to send the item prior to expiry of the 14 day term.
9. The Customer covers the direct costs of returning the item.
10. The Customer is liable for degrading the item’s value as a result of its use in a manner other than necessary to determine the item’s character, properties and functioning.
§ 7 Payments
1. Payments are effected prior to the execution of the Order or upon receipt.
2. The Seller accepts the following methods of payment:
a) cash payment on receipt (cash on delivery),
b) online money transfer,
c) PayPal electronic wallet
3. Online payments are carried out through the Przelewy24 service provider. During finalization of the order after selecting the “Online Payment” button, the Customer is redirected to the Przelewy24 service website where they are able to decide on a payment using a credit/debit card (Visa, Maestro), bank transfer or traditional transfer.
The PayPal electronic wallet enables buyers to deposit money to later make quick payments for purchases. During finalization of an order, after selecting the button “Pay with PayPal or by card” the Customer is redirected to PayPal service website, where they will be able to decide the payment, using the funds deposited on the PayPal account, or use a card payment.
4. The Seller stipulates that they never send messages informing Customers of a change to the account for payments and requests to issue a traditional transfer.
5. The Seller shall provide the Customer with a sales document in accordance with the applicable tax regulations.
6. The Customer agrees to the Service Provider’s use of electronic invoices for billings in accordance with the 11th of March 2004 act on the Goods and Services Tax.
§ 8 Delivery
1. Delivery of Goods takes place within the territory of the Republic of Poland and to countries of the European Union.
2. The Order performance term is up to 7 working days and in certain circumstances can be extended to 10 days.
3. The Customer is notified of the dispatch of Goods via e-mail.
4. The costs of delivering the Goods are covered by the Customer and are indicated in the Order placement process.
5. When choosing the option of delivery to a specified address, the courier shall attempt to deliver the Order twice. After two unsuccessful attempts to deliver the package, it shall be sent back to the Store.
6. Delivery of Goods takes place on working days from Monday to Friday.
7. Delivery of Goods is carried out to the location specified by the Customer during placement of the Order.
8. In the event of detecting damage, incompleteness or other faults in the Goods, the Customer has the right to file a complaint according to the procedure specified in § 9 of these Terms of Service.
§ 9 Complaint procedure
1. The Seller is obliged to deliver Goods free of faults. In case of discovering faults in the Goods, in particular mechanical damage of the Goods or non-conformity of the Goods with the order, the Customer is entitled to make a complaint.
2. Complaints related to the provision of electronic services or related to purchased goods can be submitted in writing at the Seller’s address provided in § 2 pt. 1, via e-mail at the e-mail address: email@example.com, personally in a protocol at the Seller’s registered office stated in § 2 pt. 1.
3. The complaint must include: the order number (or other data which enables its identification), the Customer’s contact information enabling response to the filed complaint, and a description of the event which forms the basis of complaint. The Customer is obliged to deliver the faulty Goods personally, via postal or courier delivery to the following address: KAN Sp. z o.o. ul. PKP 6, 92-402 Łódź (warehouse). The Seller recommends that the Customer properly secure the Goods for transport.
4. The Seller shall address the complaint within 30 days from its receipt.
5. In the event of recognizing the Customer’s complaint by the Seller, the Seller, at the Customer’s choice, shall repair the Goods free of charge or deliver an new item free of faults. If the repair or delivery of a new, faultless item is not possible, the Seller shall return the Price paid by the Customer – Consumer.
6. In the event of recognizing the complaint by the Seller, the Customer is entitled to a reimbursement of costs incurred in order to deliver the complained Goods to the Seller.
7. Warranty claims pertaining to the repair, replacement of goods and entitlement to withdraw from the Contract due to non-conformity of the Goods with said Contract may be effected within a period of one year following detection of the Goods’ non-conformity by the Customer, but that term expires after two years from the date of releasing the Goods to the Customer.
8. If the Customer is not a Consumer, the Seller’s warranty liability is excluded in accordance with art. 558 § 1 of the Civil Code.
§ 10 Final Provisions
1. These Terms of Service are available at the Internet address: http://www.tatuum.com/pl/content/3-regulamin which enables Users to download, store and print them, as well as delivered via e-mail after placing an Order by the Ordering Party.
2. The Seller reserves the right to amend these Terms of Service in the event of a change in regulations or the imposition of specific obligations on the Seller by state authorities, as well as in order to improve the functioning of the website and Customer service, improvements to protection of Customer privacy and prevention of abuse. In the event of any of the above causes, the Seller shall provide Customers who have registered Accounts at the Store with information regarding the planned Terms of Service amendment. Such information shall be sent to Users at least 7 days prior to the effective date of any planned changes. . In order to avoid doubts, the implemented changes have no effect on the performance of contracts concluded before the effective date of the changes, unless the implemented changes are more beneficial to the Consumer. If the Customer holding an Account does not accept the amendments to the Terms of Service, they are entitled to terminate the Account registration agreement by sending a corresponding statement at the Seller’s address.
3. The Parties shall in the first instance settle any disputes arising from the executing the provisions of these Terms of Service by way of mutual agreement. In case of lack of mutual agreement, disputes are subject to settlement by a common court of appropriate jurisdiction according to the 17th of November 1964 Civil Procedure Code Act.
4. The Customer has the ability to use out of court methods of investigating complaints and assert claims arising from Agreements entered into with the Seller.
5. A case can be brought to a Court of Arbitration by a Consumer, as well as a Customer who is not a Consumer, by filing the appropriate motion to a Regional Commercial Inspection Inspectorate of appropriate local jurisdiction. Forms of such motions are available on the websites of Regional Commercial Inspection Inspectorates, the list of which including contact information is available on the website www.uokik.gov.pl.
6. A Customer who is a Consumer is also entitled to bring a case to investigate by the Municipal or District Consumer Advocate or seek assistance of a Consumer Federation of appropriate local jurisdiction. Information on the Consumer Federation can be found at the address: www.federacja-konsumentow.org.pl.
7. The Seller informs that the platform of the online system for settling disputes regarding agreements concluded remotely between consumers and entrepreneurs is available at the address http://ec.europa.eu/consumers/odr/. This platform constitutes an access point for consumers and entrepreneurs who wish to use out of court methods of resolving consumer disputes related to online transactions.
Appendices to the Terms of Service: