TERMS OF SERVICE OF THE TATUUM.COM ONLINE STORE - VALID FROM 23.04.2026
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES AT THE ONLINE STORE
3. TERMS OF ENTERING INTO A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
5. COST, METHOD AND TERM OF PRODUCT DELIVERY AND COLLECTION
6. COMPLAINTS PROCESSING PROCEDURE
7. RIGHT TO WITHDRAW FROM A CONTRACT
8. PROVISIONS CONCERNING BUSINESSES
9. PRODUCT REVIEWS
10. FINAL PROVISIONS
These Online Store Terms of Service have been prepared by the legal team of Prokonsumencki.pl. The Online Store www.tatuum.com is committed to protecting consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. The provisions of contracts that are less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Accordingly, the provisions of these Terms of Service do not aim to exclude or limit any consumer rights granted to them under mandatory legal provisions, and any ambiguities shall be interpreted in favour of the consumer. In the event of any conflict between the provisions of these Terms of Service and the aforementioned provisions, those provisions shall take precedence and shall be applied.
1. GENERAL PROVISIONS
1.1 The Online Store available at www.tatuum.com and through the Application is operated by "KAN" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office in Łódź (registered office address: ul. Wiączyńska 8A, 92-760 Łódź and mailing address: KAN Sp. z o.o. GLP Łódź III, Brzezińska 275D, 92-776 Łódź, marked as ESHOP); registered in the Entrepreneurs' Registry of the National Court Register under number KRS 0000119998; the court of registry where the company's documentation is kept: District Court of Łódź -- Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital: PLN 11,700,000; Tax ID: 7251019880; Statistical Identification Number (REGON): 471164930; email address: [email protected] and contact telephone number: +48 455 450 415.
1.2 These Terms of Service are addressed to both consumers and entrepreneurs using the Online Store, unless otherwise specified in these Terms of Service.
1.3 The personal data controller processing personal data in the Online Store in connection with the performance of these Terms of Service is the Seller. Personal data is processed for the purposes, duration, and on the basis and in accordance with the principles indicated in the privacy policy published on the Online Store website. The privacy policy includes, in particular, the principles of personal data processing by the Controller in the Online Store, including the basis, purposes and duration of personal data processing, as well as the rights of the data subjects, and information on the use of cookies and analytical tools in the Online Store, including in the Application. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a Service User or Customer using the Online Store is voluntary, with the exceptions specified in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1 APPLICATION – a mobile application TATUUM enabling the use of an Account and other functionalities serving to familiarize yourself with the Seller's offer and facilitating the purchase process for Customers and placing Orders, constituting a tool for using the TATUUM TUUGETHER loyalty programme, on the terms specified in the Regulations – https://www.tatuum.com/regulamin-klubu-lojalnosciowego;
1.4.2 CHAT – an Electronic Service available in the Online Store enabling Service Users to send queries to the Service Provider and obtain assistance related to purchases or the operation of the Online Store website.
1.4.3 WORKING DAY – one day from Monday to Friday, excluding statutory public holidays.
1.4.4 CONTACT FORM – an Electronic Service, a form available in the Online Store enabling the Service User to contact the Service Provider.
1.4.5 REGISTRATION FORM – a form available in the Online Store enabling Account creation.
1.4.6 ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Contract, including the delivery and payment method.
1.4.7 CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational entity without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.8 CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9 ACCOUNT – an Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service User, in which data provided by the Service User and information about Orders placed by them in the Online Store are stored.
1.4.10 NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users using it to automatically receive cyclical issues of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.11 AVAILABILITY NOTIFICATION – an Electronic Service provided by the Service Provider, which enables all Service Users using it to automatically receive information about the availability of a Product from the Service Provider.
1.4.12 PRODUCT – a moveable good available in the Online Store that is the subject of a Sales Contract between the Customer and the Seller.
1.4.13 TERMS OF SERVICE – these Online Store Terms of Service.
1.4.14 ONLINE STORE – the Service Provider's online store available at the internet address: www.tatuum.com and through the Application. Whenever the Terms of Service refer to the Online Store, it means both purchasing through the website and the Application, unless the Terms of Service expressly provide otherwise.
1.4.15 SELLER; SERVICE PROVIDER – "KAN" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office in Łódź (registered office address: ul. Wiączyńska 8A, 92-760 Łódź and mailing address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, marked as ESHOP) registered in the Entrepreneurs' Registry of the National Court Register under number KRS 0000119998; the court of registry where the company's documentation is kept: District Court of Łódź -- Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital: PLN 11,700,000; Tax ID: 7251019880; Statistical Identification Number (REGON): 471164930; email address: [email protected] and contact telephone number: +48422372191.
1.4.16 SALES CONTRACT – a contract for the sale of a Product concluded or being concluded between the Customer and the Seller through the Online Store.
1.4.17 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User through the Online Store.
1.4.18 SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational entity without legal personality to which the law grants legal capacity – who uses or intends to use an Electronic Service.
1.4.19 CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
1.4.20 ORDER – a declaration of will of the Customer made using the Order Form and intended to directly conclude a Sales Contract for a Product with the Seller.
2. ELECTRONIC SERVICES AT THE ONLINE STORE
2.1 The following Electronic Services are available at the Online Store: Account, Order Form, Newsletter, Chat (exclusively on www.tatuum.com), Contact Form (exclusively on www.tatuum.com) and Availability Notification.
2.1.1 Account – the use of an Account is possible after the Service User completes three consecutive steps: (1) filling in the Registration Form, (2) clicking the "Continue" field, and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the provided email address. The Registration Form requires the Service User to provide the following data: first and last name/company name, email address, contact telephone number, and password. If the Service User has a registered account with Facebook, they may also create an Account in the Online Store by logging in through that service.
2.1.1.1 The Electronic Service Account is provided free of charge for an indefinite period. Within the Electronic Service Account, the Seller ensures synchronisation of resources such as "Shopping Cart" and "Favourites" between different devices on which the Service User is logged in (applies to both the Online Store via browser and the Application). The Service User has the possibility, at any time and without statement of cause, to delete the Account (withdraw from the Account) by sending an appropriate request to the Service Provider, in particular via email to: [email protected] or in writing to: ul. Wiączyńska 8A, 92-760 Łódź and in the Application. Deletion of the Account will result in the inability to make purchases in the Application.
2.1.2 Order Form – the use of the Order Form begins the moment the Customer adds the first Product to the electronic shopping cart in the Online Store (including in the Application). The Order is placed after the Customer completes two consecutive steps: (1) filling in the Order Form and (2) clicking on the "I order and pay" field on the Online Store website after filling in the Order Form – until this moment it is possible to modify the data entered independently (for this purpose, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. For Customers who are not consumers, it is also necessary to provide the company name and Tax ID. If the conditions of the promotion specified in a separate promotion regulation permit, the Customer may use a discount code by entering it in the appropriate field after adding the Product to the electronic shopping cart.
2.1.2.1 The Electronic Service Order Form is provided free of charge and is one-off in nature and terminates upon the placement of an Order through it or upon the earlier cessation of Order placement through it by the Service User.
2.1.3 Newsletter – the use of the Newsletter occurs after providing an email address in the "Newsletter" section visible on the Online Store website or in the Application, to which successive issues of the Newsletter are to be sent, and the first name and clicking the "Subscribe" field. You may also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon Account creation, the Service User is subscribed to the Newsletter.
2.1.3.1 The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User has the possibility, at any time and without statement of cause, to unsubscribe from the Newsletter (withdraw from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: [email protected], in writing to: ul. Wiączyńska 8A, 92-760 Łódź, or by clicking the link intended for unsubscribing from the Newsletter in the footer of the email message sent by the Service Provider.
2.1.4 Chat – the use of Chat occurs after invoking the chat window with an appropriate button located in the corner of the Online Store website (exclusively on www.tatuum.com). The Service User may then type the message and send it to the Service Provider by clicking the action field. The Service Provider's IT system responds to the asked questions in an automated manner. If it is necessary to have a conversation with a consultant, the system forwards the message to an available consultant. If a consultant is not available in real-time, the Service User has the possibility to leave a request for email contact – for this purpose, the Service User must provide an email address to which the response is to be sent. Consultants are available on Chat on Working Days from 08:00 to 17:00, provided that the Service Provider does not guarantee the availability of consultants on Chat throughout this entire period.
2.1.4.1 The Electronic Service Chat is provided free of charge and is one-off in nature and terminates upon the Service Provider's cessation of correspondence through it.
2.1.5 Contact Form (exclusively on www.tatuum.com) – the use of the Contact Form occurs after (1) filling in the Contact Form available in the "Contact" section or on the page of each Product under the "Ask about product" button and (2) clicking on the "Send" field on the Online Store website after filling in the Contact Form – until this moment it is possible to modify the data entered independently. The Contact Form requires the Service User to provide the subject of the submission, email address to which the response should be sent, and the content of the query directed to the Service Provider.
2.1.5.1 The Electronic Service Contact Form is provided free of charge and is one-off in nature and terminates upon the submission of a query through it or upon the earlier cessation of query submission through it by the Service User.
2.1.6 Availability Notification – the Electronic Service Availability Notification is possible for Products which at that time cannot become the subject of an Order due to their unavailability. The use of Availability Notification occurs after the Service User completes two consecutive steps: (1) providing an email address in the section visible on the Online Store website or in the Application next to the Product, to which information about Product availability is to be sent, and clicking the "Notify me of availability" field, and (2) confirming the desire to receive a notification by clicking on the confirmation link sent automatically to the provided email address. The Service User who has used the Electronic Service will receive an automated message when the Service Provider confirms the availability of the Product and invites the Customer to place an Order. Availability Notification is not binding and does not oblige the Customer to place an Order in the Online Store.
2.1.6.1 The Electronic Service Availability Notification is provided free of charge and is one-off in nature and terminates upon clicking the "Notify me of availability" field or upon the earlier cessation of the execution of subsequent steps by the Service User.
2.2 Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, mobile phone or other multimedia device with internet access; (2) access to email; (3) a web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling the possibility of saving cookies in the browser and handling JavaScript; (5) in the case of using the Application – a device equipped with Android or iOS operating system; (6) internet connection – the costs of data transmission necessary for downloading, installing, launching and using the Application are borne by the Service User in accordance with the contract concluded with their telecommunications operator.
2.3 The Service User is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for the personal rights and copyright and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data consistent with actual facts. The Service User is prohibited from providing content of an unlawful nature.
2.4 The complaint procedure relating to Electronic Services is indicated in section 6 of the Terms and Conditions.
2.5 The Seller enables the Customer to download the Application free of charge to the Customer's mobile device from the following online stores with mobile applications:
a) Apple App Store, for mobile devices with iOS operating system;
b) Google Play/ Google Play Store, for mobile devices with Android operating system.
2.6 To use the Application, the Customer should:
a) familiarize himself with these Terms and Conditions and the Regulations of the TATUUM TUUGETHER Loyalty Programme;
b) download the Application from the store mentioned above, and
c) install the Application on their mobile device.
2.7 In order to use certain functionalities of the Application, it is necessary for the Customer to express voluntary consent to the Application obtaining access to the camera or geolocation service on the Customer's mobile device, express voluntary consent to receive "push" notifications, or provide the Seller with information about the Customer's preferences. The Customer may at any time revoke consent or uninstall (delete) the Application from their mobile device using the settings of that device.
2.8 The Service Provider recommends regular updates to the Application. To ensure data security and proper operation of all functionalities, the Service Provider reserves the right to make the ability to use the Application dependent on the installation of its latest available version.
The Service Provider does not guarantee the correct and secure operation of the Application on mobile devices where the operating system has been modified (e.g. root, jailbreak). The use of the Application on such devices is at the exclusive risk of the Customer.
Uninstalling the Application from the Customer's mobile device does not result in the deletion of the Account and withdrawal from participation in the TATUUM TUUGETHER Loyalty Programme.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1 The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously submitted an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
The price of the Product displayed on the Online Store website is given in currency depending on the country of delivery selected by the Customer upon entering the website. The Customer is obliged to make payment in the currency indicated next to the Product price. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs and other costs, on the Online Store website and in the Application during the Order placement.
3.3 Procedure for concluding a Sales Agreement in the Online Store using the Order Form.
3.3.1 The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously submitted an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending an appropriate email message to the email address provided during Order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. From the moment the Customer receives the above email message, a Sales Agreement is concluded between the Customer and the Seller.
3.3.3 An Order may be placed:
a) after the Customer has previously logged into the Customer Account, or
b) without registering a Customer Account (as a guest) – exclusively within the Online Store available through the website, unless the Terms and Conditions provide otherwise.
When using the Application, the placement of an Order requires the Customer to have previously logged into the Account or completed its registration – there is no possibility of placing an Order as a guest.
The preservation, securing and provision to the Customer of the content of the Sales Agreement takes place through (1) making these Terms and Conditions available on the Online Store website and in the Application and (2) sending the Customer an email message.
The conclusion of a Sales Agreement between the Customer and the Seller may also take place by telephone, outside the Online Store.
Incorrect data in the Order entitles the Seller to suspend performance and attempt to contact the Customer to clarify the correct data. Failure to respond by the Customer or refusal to provide correct data gives the Seller grounds to withdraw from the concluded Sales Agreement and cancel the Order.
4. PAYMENT METHODS AND PAYMENT TERMS FOR PRODUCTS
The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1 Payment in cash on delivery when receiving the shipment.
4.1.2 Payment by payment card on delivery when receiving the shipment.
4.1.3 Electronic payments and payment card payments via Przelewy24.pl, PayU.pl and Klarna.com services.
4.1.3.1 The settlement of payment transactions by electronic payments is carried out according to the Customer's choice via Przelewy24.pl, PayU.pl or Klarna.com services. Payment processing is handled by:
4.1.3.1.1 Przelewy24.pl – PayPro S.A. with registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), KRS 0000347935, registered capital: PLN 4,500,000, Tax Identification Number (NIP): 7792369887, Statistical Identification Number (REGON): 301345068.
4.1.3.1.2 PayU.pl – PayU S.A. with registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), KRS 0000274399; registered capital: PLN 4,944,000; Tax Identification Number (NIP): 7792308495.
Klarna.com – Klarna Bank AB (publ), with registered office at Sveavägen 46, 111 34 Stockholm, registered in the Swedish company register under number 556737-0431.
4.1.4 Payment by BLIK.
4.1.4.1 BLIK Payment – handled by Polski Standard Płatności Sp. z o.o. with registered office in Warsaw (ul. Czerniakowska 87a, 00-718 Warsaw), KRS 0000493783, registered capital PLN 151,263,000, Tax Identification Number (NIP): 521-366-44-94.
4.2 Payment deadline:
In the case where the Customer chooses electronic payments, payment card payment or BLIK payment, the Customer is obliged to make payment within 1.5 hours from the moment the Sales Agreement is concluded.
In the event of non-payment within the above-mentioned payment deadline, the Seller calls upon the Customer to make payment and designates a deadline of 1.5 hours for payment of the Order. Non-payment of the Order despite the call within the deadline specified by the Seller entitles the Seller to withdraw from the concluded Sales Agreement and cancel the Order.
In the case where the Customer chooses payment in cash on delivery when receiving the shipment or payment by payment card on delivery when receiving the shipment, the Customer is obliged to make payment upon receipt of the shipment.
4.3 The indicated payment methods may not be available for all Products at the same time.
5. COST, METHODS AND DELIVERY TIMEFRAME, AND PRODUCT COLLECTION
Product delivery is available throughout the European Union excluding Cyprus, Croatia and Malta.
Product delivery to the Customer is payable, unless the Sales Agreement provides otherwise.
Personal collection of the Product by the Customer is free of charge.
The Seller provides the Customer with the following delivery methods or product collection options:
5.4.1 Courier shipment, cash on delivery courier shipment.
The courier delivers the Product to the address indicated by the Customer in the Order Form. In case of unsuccessful delivery, the courier will make a second attempt to deliver the Product.
5.4.2 Shipment with collection at a parcel locker.
5.4.3 Shipment with collection at a parcel locker – parcel on weekend.
5.4.4 Personal collection available at stationary showrooms.
Personal collection is available only for Orders in which the Customer chose an electronic payment method, payment card payment, deferred payment or BLIK payment.
The product delivery deadline to the Customer is up to 10 Business Days.
In the case where the Customer chooses an electronic payment method – from the date of crediting the Seller's bank account or settlement account.
In the case where the Customer chooses cash on delivery payment method – from the date the Sales Agreement was concluded.
The deadline for the Product to be ready for collection by the Customer – in the case where the Customer chooses personal collection of the Product, the Product will be ready for collection within up to 10 Business Days.
In the case where the Customer chooses personal collection at the Seller's stationary showroom, the Product awaits collection by the Customer for 10 Business Days from the moment the Customer is informed of the possibility of collecting the Product.
If it is not possible to fulfil the order within the deadline resulting from the Sales Agreement due to the absence of the ordered Product in stock, the Seller will immediately inform the Customer of this.
The indicated delivery methods may not be available for all Products at the same time.
6. COMPLAINT HANDLING PROCEDURE
Section 6 of these Terms and Conditions establishes the complaint handling procedure applicable to all complaints submitted to the Seller.
A complaint may be submitted, for example:
6.2.1 In writing to the address: KAN Sp. z o.o. GLP Łódź III, Brzezińska 275D, 92-776 Łódź, marked as ESHOP;
6.2.2 In electronic form via email to: [email protected].
The return or shipment of the Product in connection with a complaint may take place to the address: KAN Sp. z o.o. GLP Łódź III, Brzezińska 275D, 92-776 Łódź, marked as ESHOP, or to one of the Seller's stationary showrooms.
It is recommended to include in the complaint description: (1) information and circumstances relating to the subject of the complaint; (2) the requested method to bring the Product into conformity with the contract; and (3) contact details of the person submitting the complaint.
If the complainant changes the provided contact details during the complaint handling process, they are obliged to notify the Seller of this.
Evidence (e.g. photographs, documents or the Product) relating to the subject of the complaint may be attached to the complaint.
The Seller will address the complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the complaint is deemed to be upheld by the Seller.
The basis and scope of the Seller's statutory liability are determined by generally applicable provisions of law.
For complaints concerning a Product purchased under a Sales Agreement concluded on or before 31 December 2022, the provisions of the Civil Code apply, in particular articles 556-576 of the Civil Code (warranty of fitness).
For complaints concerning a Product purchased under a Sales Agreement concluded from 1 January 2023 onwards, the provisions of the Consumer Rights Act apply, in particular articles 43a – 43g.
In addition to statutory liability, a warranty may be granted on the Product.
The provisions concerning the consumer contained in section 6.8.2 of these Terms and Conditions shall also apply to a Customer who is a natural person concluding a contract directly connected with their business activity, where the content of that contract indicates that it does not have a professional character for that person.
7. RIGHT TO WITHDRAW FROM THE CONTRACT
A consumer who has concluded a distance contract may withdraw from it within 30 calendar days without providing a reason and without incurring costs, except for the costs specified in section 7.8 of the Terms and Conditions.
7.1.1 In writing to the address: KAN Sp. z o.o. GLP Łódź III, Brzezińska 275D, 92-776 Łódź, marked as ESHOP;
7.1.2 In electronic form via email to: [email protected];
7.1.3 In electronic form by filling out a withdrawal form available after logging into the Customer Account in the Online Store (including in the Application).
An exemplary withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is available on the Online Store website.
The withdrawal period begins:
for a contract where the Seller delivers the Product – from the date the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product;
for other contracts – from the date the contract was concluded.
In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return all payments made by the consumer, including the cost of delivery of the Product (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest ordinary delivery method available in the Online Store).
The consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal from the contract, return the Product to the Seller.
The consumer is liable for a decrease in the value of the Product resulting from use of it in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the Product.
Potential costs associated with the consumer's withdrawal from the contract:
If the consumer chooses a Product delivery method other than the cheapest ordinary delivery method, the Seller is not obliged to refund additional costs.
The consumer bears the direct costs of returning the Product.
In the case of a Product being a service, the consumer is obliged to pay for the services provided until the date of withdrawal from the contract.
The right to withdraw from a distance contract does not apply to a consumer in relation to the contracts listed in article 38 of the Consumer Rights Act (list of 14 exceptions).
The provisions concerning the consumer contained in this section 7 apply from 1 January 2021 onwards and also to a natural person concluding a contract directly connected with their business activity, where the content of that contract indicates that it does not have a professional character for that person, for contracts concluded from that date.
8. PROVISIONS CONCERNING ENTREPRENEURS
This section 8 of the Terms and Conditions and all provisions contained therein are addressed to and are binding solely on a Customer or Service User who is not a consumer.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion.
The Seller's liability for warranty of the Product or for non-conformity of the Product with the Sales Agreement is excluded.
The Seller will address the complaint within 30 calendar days from the date of its receipt.
The Seller has the right to limit available payment methods, including requiring advance payment.
The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without stating reasons.
The liability of the Service Provider/Seller to the Service User/Customer is limited to the amount of the paid price and delivery costs, but not more than the amount of one thousand zlotys.
Any disputes shall be subject to the court with jurisdiction based on the registered office of the Seller/Service Provider.
9. PRODUCT REVIEWS
The Seller does not provide access to reviews of Products posted by Customers.
10. FINAL PROVISIONS
Contracts concluded through the Online Store are concluded in the Polish language.
Amendments to the Terms and Conditions:
10.2.1 The Service Provider reserves the right to make amendments to the Terms and Conditions for important reasons.
In the case of conclusion of contracts of continuing nature, the amended Terms and Conditions shall be binding on the Service User if the requirements specified in articles 384 and 384[1] of the Civil Code have been met, i.e. the Service User has been properly notified of the amendments and has not terminated the contract within 15 calendar days from the date of notification.
In the case of contracts of a nature other than continuing contracts, amendments to the Terms and Conditions shall not infringe the rights acquired by Service Users/Customers before the date the amendments take effect.
In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
These Terms and Conditions do not exclude the provisions applicable in the state of the consumer's ordinary place of residence, which cannot be excluded by contract.
TERMS OF SERVICE OF THE TATUUM.COM ONLINE STORE - VALID FROM 05.03.2026
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES AT THE ONLINE STORE
3. TERMS OF ENTERING INTO A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
5. COST, METHOD AND TERM OF PRODUCT DELIVERY AND COLLECTION
6. COMPLAINTS PROCESSING PROCEDURE
8. RIGHT TO WITHDRAW FROM A CONTRACT
9. PROVISONS CONCERNING BUSINESSES
10. PRODUCT REVIEWS
11. FINAL PROVISIONS
The www.tatuum.com Online Store cares for consumer rights. The consumer cannot waive the rights granted by the Consumer Rights Act. Any provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are void, and the corresponding provisions of the Consumer Rights Act. For that reason, the provisions of these Terms of Service are not intended to exclude or limit any rights of consumers conferred by strictly binding legal regulations, and any possible doubts shall be clarified to the benefit of the consumer. In the event of potential discrepancies between the provisions of these Terms of Service with the aforementioned regulations, the regulations shall have priority and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.tatuum.com is operated by the KAN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company) with a registered office in Łódź (address: ul. Wiączyńska 8A, 92-760 Łódź and delivery address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation: ESHOP); entered into the Entrepreneurs’ Registry of the National Court Register under the KRS number 0000119998; registering court keeping the company’s documentation: District Court of Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of: 11 700 000 PLN; Tax ID: 7251019880; REGON: 471164930, electronic mail address: [email protected] and contact telephone number: +48422372191.
1.2. These Terms of Service are directed both at consumers and entrepreneurs using the Online Store, unless the provisions of the Terms of Service state otherwise.
1.3. The administrator of personal data processed at the Online Store in connection with performing the provisions of these Terms of Service is the Seller. Personal data are stored for the purposes, for a period, and on the basis of foundations and terms specified in the privacy policy published at the Online Store’s website. The privacy policy most of all contains rules concerning the processing of personal data by the Administrator at the Online Store, including the basis, purposes and period of personal data processing, and the rights of persons whose data is processed, as well as information concerning the scope of using cookie files and analytical tools by the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Online Store’s user, Service User or Customer is voluntary, subject to exceptions specified in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding bank holidays.
1.4.2. CONTACT FORM – an Electronic Service comprising a form available at the Online Store, enabling the Service User to contact the Service Provider.
1.4.3. REGISTRATION FORM – a form available at the Online Store which enables registering an Account.
1.4.4. ORDER FORM – an Electronic Service comprising an interactive form available at the Online Store, which enables placement of an Order, particularly by adding Products to an electronic shopping cart, and specifying the terms of the Sales Contract, including delivery and payment method.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by provisions of commonly applicable law, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, granted legal capacity by the act – which has concluded or intends to conclude a Sales Contract with the Seller.
1.4.6. CIVIL CODE – the Civil Code act dated 23 April 1964 (Journal of Laws of 1964, no. 16 pos. 93 further amended).
1.4.7. ACCOUNT – an Electronic Service; a compilation of resources in the Service Provider’s information communication system, marked by an individual name (login) and password provided by the Service User, which collects data provided by the Service User and information concerning the Orders placed by them at the Online Store.
1.4.8. NEWSLETTER – an Electronic Service comprising electronic distribution rendered by the Service Provider via e-mail, which enables all subscribed Service Users to automatically receive cyclical content of subsequent editions of the newsletter from the Service Provider, containing information on Products, news and promotions at the Online Store.
1.4.9. AVAILABILITY NOTIFICATION – an Electronic Service rendered by the Service Provider which enables all Service Users opting to use it to automatically receive information concerning the availability of a Product from the Service Provider.
1.4.10. PRODUCT – a moveable good available in the Online Store which is the object of a Sales Contract between the Customer and the Seller.
1.4.11. TERMS OF SERVICE – these Online Store Terms of Service.
1.4.12. ONLINE STORE – the Service Provider’s online store available at the address: www.tatuum.com.
1.4.13. SELLER; SERVICE PROVIDER – “KAN” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company) with a registered office in Łódź (address: ul. Wiączyńska 8A, 92-760 Łódź and delivery address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation: ESHOP); entered into the Entrepreneurs’ Registry of the National Court Register under the KRS number 0000119998; registering court keeping the company’s documentation: District Court of Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of: 11 700 000 PLN; Tax ID: 7251019880; REGON: 471164930, electronic mail address: [email protected] and contact telephone number: +48422372191.
1.4.14. SALES CONTRACT – a contract for the sale of a Product being concluded or having been concluded between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store.
1.4.16. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by provisions of commonly applicable law, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, granted legal capacity by the act – using or intending to use an Electronic Service.
1.4.17. CONSUMER RIGHTS ACT – the act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, pos. 827 further amended).
1.4.18. ORDER – a Customer’s declaration of will submitted using the Order Form and directly leading to conclusion of a Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES AT THE ONLINE STORE
2.1. The Online Store provides access to the following Electronic Services: Account, Order Form, Newsletter, Chat, Contact Form, and Availability Notification.
2.1.1. Account – using the Account is possible upon performance of a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the “Continue” button, and (3) confirming their intent to register an Account by clicking the confirmation link automatically sent to the provided electronic mail address. In the Registration Form it is necessary for the Service User to provide the following data of the Service User: name and surname / company name, electronic mail address, contact telephone number, and password. If the Service User has an account registered on the Facebook service, they may also register an Account at the Online Store by logging in via that service.
2.1.1.1. The Account Electronic Service is provided free of charge for an unspecified time. The Service User has the ability, at any time and without statement of cause, to delete their Account (cancel the Account) by sending the appropriate request to the Service Provider, in particular, via electronic mail at the address: [email protected] or in writing at the address: ul. Wiączyńska 8A, 92-760 Łódź.
2.1.2. Order Form – using the Order Form begins at the time of the Customer adding the first Product to the electronic shopping cart at the Online Store. Placement of an Order takes place following the Customer’s performance of a total of two subsequent steps – (1) filling out the Order form and (2) after completing the Order Form, clicking the “Order and Pay” button on the Online Store’s website – up to that point the Customer has the ability to individually modify the entered data (for that purpose, follow the messages displayed and information available on the Online Store’s website). In the Order Form it is necessary for the Customer to provide the following Customer data: name and surname / company name, address (street, building / apartment number, postal code, city/town, country), e-mail address, contact telephone number, and information regarding the Sales Contract: Product/s, quantity of Product/s, place and method of Product delivery, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax ID number. If promotional terms specified in separate promotional terms and conditions allow it, a Customer may use a discount code by entering it in the appropriate field after adding Products to the electronic shopping cart.
2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-off nature, being completed upon placement of an Order, or upon prior discontinuation of Order placement using the Form by the Service User.
2.1.3. Newsletter – use of the Newsletter takes place after providing an electronic mail address, to which subsequent editions of the Newsletter are to be sent, and a name in the “Newsletter” tab visible on the Online Store’s website, and clicking the “Subscribe” button. The Newsletter can also be subscribed to by marking the appropriate checkbox while registering an Account – upon creating the Account, the Service User is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an unspecified time. The Service User has the ability, at any time and without statement of cause, to unsubscribe from the Newsletter (cancel the Newsletter) by sending the appropriate request to the Service Provider, in particular, via electronic mail at the address: [email protected] or in writing at the address: ul. Wiączyńska 8A, 92-760 Łódź, or by clicking on the Newsletter unsubscribe link located in the footer of the e-mail message sent by the Service Provider.
2.1.4. Contact Form – using the Contact Form takes place upon (1) filling out the Contact Form available under the “Contact” tab or on each Product’s site under the “Ask about the product” button, and (2) clicking the “Send” field on the Online Store’s website after filling out the Contact Form – prior to that point, the Service User has the ability to individually modify the data entered (for that purpose, follow the messages displayed or information available on the Online Store’s website). In the Contact Form it is necessary for the Service User to provide the subject of the submission, an electronic mail address to which a response is to be sent, and the content of the inquiry addressed to the Service Provider.
2.1.4.1. The Contact Form Electronic Service is provided free of charge, is one-off in nature, and is completed upon the Service User’s submission of an inquiry using it, or prior the Service User’s discontinuation of submitting an inquiry.
2.1.5. Availability Notification – the Availability Notification Electronic Service is available for Products which cannot be the object of an Order at the time due to their unavailability. Using the Availability Notification takes place upon the Service User performing a total of two subsequent steps – (1) providing an electronic mail address to which Product availability information is to be sent, and (2) clicking the “Notify about availability” button. A Service User who has used the Electronic Service, shall receive an automatic notification, when the Service Provider confirms availability of a Product and invites the Customer to place an Order. The Availability Notification is non-binding in nature, and does not oblige the Customer to place an Order at the Online Store.
2.1.5. The Availability Notification Electronic Service is provided free of charge, is one-off in nature and is completed upon clicking the “Notify about availability” button or upon prior discontinuation of further steps by the Service User.
2.2. The technical requirements necessary to interface with the information communication system used by the Service Provider are: (1) a computer, laptop, mobile phone or other multimedia device with Internet access; (2) access to electronic mail; (3) a current version Internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling the possibility to store Cookie files and Javascript support in the Internet browser.
2.3. The Service User undertakes to use the Online Store in accordance with the law and good customs, in consideration of the personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which corresponds to the factual state. The Service User is prohibited from uploading illegal content.
2.4 The complaints procedure concerning Electronic Services is described under item 6 of the Regulations.
3. TERMS OF ENTERING INTO A SALES CONTRACT
3.1. Conclusion of a Sales Contract between the Customer and the Seller takes place upon the Customer’s prior placement of an Order using the Order Form at the Online Store in accordance with pt. 2.1.2 of the Terms of Service.
3.2. The Price of the Product displayed on the Online Store's website is provided in the currency corresponding to the country of delivery selected by the Customer upon entering the website. The Customer is required to make payment in the currency indicated next to the Product's price. The total price, with taxes, of a Product being the object of an Order and the delivery costs (including fees for transport, delivery, and postal services), and other costs, and if it is impossible to determine the amount of such fees – information on the obligation to pay them, is provided to the Customer on the Online Store’s website during placement of an Order, including upon the Customer’s expression of will to enter into a Sales Contract.
3.3. Procedure of Concluding a Sales Contract at the Online Store using the Order Form
3.3.1. Conclusion of a Sales Contract between the Customer and the Seller takes place upon the Customer’s prior placement of an Order at the Online Store in accordance with pt. 2.1.2 of the Terms of Service.
3.3.2. Upon placement of an Order, the Seller without delay confirms its receipt and simultaneously accepts performance of the Order. The Confirmation of Order receipt and its acceptance for performance takes place by way of the Seller sending the Customer an appropriate e-mail message at the customer’s electronic mail address provided during placement of an Order; said message shall contain at least the Seller’s statement of Order receipt and acceptance for performance, and a confirmation of concluding a Sales Contract. Upon the Customer’s receipt of the aforementioned e-mail message, a Sales Contract is concluded between the Customer and the Seller.
3.4. Recording, securing and providing the contents of the Sales Contract to the Customer takes place by way of (1) making these Terms of Service available on the Online Store’s website and (2) sending the Customer an e-mail message, as stated in pt. 3.3.2 of the Terms of Service. The contents of the Sales Contract are additionally recorded and secured in the Seller’s Online Store’s information system.
3.5. Conclusion of a Sales Contract between the Customer and the Seller may also take place via telephone, outside the Online Store. In this case, unless the Customer and Seller agree otherwise, conclusion of a Sales Contract takes place in accordance with these Terms of Service and is always confirmed on a permanent medium, e.g., by way of electronic correspondence or SMS message.
3.6. Incorrect data in the Order entitle the Seller to suspend performance and attempt to contact the Customer in order to determine correct data. Lack of response on the Customer’s part or refusal to provide correct data give the Seller grounds to withdraw from the Sales Contract and cancel the Order.
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
4.1 The Seller provides the Customer with the following payment options for Contracts of Sale:
4.1.1 Electronic and card payment services through the websites PayU.pl and Klarna.com – available current payment modes are described on the store website in the payment modes information tab and on the following websites: https://www.payu.pl/ and https://www.klarna.com/pay-now.
4.1.2.1 Electronic payments are settled pursuant to the Customer choice by way of PayU.pl or Klarna.com. The payment services are handled as follows:
4.1.2.1.1 PayU.pl – the company PayU S.A. with seat in Poznań (address: Grunwaldzka 186, 60-166 Poznań, Poland), entered into the business register of the Polish National Court Register under no. 0000274399, registration documents kapt kept by the District Court of Poznań – Nowe Miasto i Wilda in Poznań, company capital: PLN 4,944,000.00, paid up in full, NIP (tax id.) no.: 7792308495.
4.1.2.1.2 Klarna.com - Klarna Bank AB (Klarna Bank AB (publ), with seat at Sveavägen 46, 111 34 Stockholm, Sweden, registered in the Swedish company register under no. 556737-0431.
4.2. Payment term:
4.2.1. If the Customer chooses an electronic payment, payment via pay card or Blik payment, the Customer is obliged to make a payment within 1.5 hours from concluding the Sales Contract.
4.2.1.1. In the event of a lack of payment within the aforementioned payment term, the Seller shall issue a payment notice to the Customer, setting a deadline of 1.5 hours to pay for the Order. Failure to pay for the Order within the deadline specified by the Seller in spite of a notice entitles the Seller to withdraw from the concluded Sales Contract and cancel the Order.
4.2.2. If the Customer chooses a cash on delivery payment or pay card payment on delivery upon receipt of the shipment, the Customer is obliged to issue the payment upon receipt of the delivered goods.
4.3. The payment methods stipulated above may not be available for all Products at the same time. Current information regarding available payment methods are provided each time no later than during the Customer’s placement of an Order.
5. COST, METHOD AND TERM OF PRODUCT DELIVERY AND COLLECTION
5.1. Product Delivery is available within the territory of the European Union, excluding Cyprus, Croatia and Malta.
5.2. Product Delivery to the Customer is subject to a fee, unless the Sales Contract states otherwise. The Product Delivery costs (including payment for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website under the informational tab concerning delivery costs, and during placement of an Order, including upon the Customer expressing their will to enter into a Sales Contract.
5.3. The Seller provides the Customer with the following methods of Product delivery and collection:
5.3.1. Courier service, cash on delivery courier service.
5.3.1.1. The courier delivers the Product to the address specified by the Customer in the Order Form. In the case of ineffective delivery, the courier makes a second attempt to deliver the Product. If the second delivery attempt proves ineffective, the Product is returned to the Seller.
5.3.2. Shipment with collection in a parcel pick-up station.
5.4. The term of Product delivery to the Customer is up to 10 Working Days, unless the description of a given Product states otherwise or a shorter term has been specified during placement of the Order. In the case of Products with different delivery terms, the effective delivery term shall be the longest one stated which, however, cannot exceed 10 Working Days. The beginning of the term of Product delivery to the Customer is counted as follows:
5.4.1. If the Customer chooses the electronic, pay card, or Blik payment methods – from the date of crediting the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the deferred payment method – from the date of the Seller’s receipt of a notification from the creditor concerning conclusion of a credit agreement with the Customer, however, no later than on the date of crediting the Seller’s account with funds from the credit granted to the Customer.
5.5. In the event of the ordered Product being unavailable in the Seller’s storage and inability to deliver it within the delivery term specified in the Sales Contract, the Customer shall be notified of this fact without delay. The Customer will be given the opportunity to decide to either continue performance of the Sales Contract within an extended term, or to withdraw from the Sales Contract and receive a reimbursement of the amounts paid.
5.5.1. If the missing Product constitutes only part of the Customer’s Order, regardless of the rights stipulated in the preceding sentence, the Customer may also decide to forfeit the given product or have it delivered at a later date than the remainder of the Order.
5.6. The indicated delivery methods may not be available for all Products at the same time. Current information concerning available delivery methods are provided each time no later than during the Customer’s placement of an Order.
6. Complaints processing procedure
6.1 The present item no. 6 of the Regulations describes the complaints processing procedure common to all complaints submitted to the Seller, in particular complaints concerning the Products, Contracts of Sale, Electronic Services and other complaints related to the operations of the Seller or the On-Line Store.
6.2 Complaints may be submitted for instance in the following ways:
6.2.1 In writing, to the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, Poland, signed ‘ESHOP’ on the envelope;
6.2.2 Electronically, by electronic mail, to [email protected]
6.3 It is recommended for the complaints description to include the following: (1) information and circumstances concerning the object of complaint, in particular the type and date of error or flaw or lack of conformity to with the Contract; (2) any request to ensure conformity with the contract or statement of reduction of the price or withdrawal of the contract, or alternatively any other claim, and (3) contact details to the complaint submitted – in order to simplify and accelerate the complaint processing. The requirements set forth in the preceding sentence are merely recommendations and do not influence the effectiveness of complaints submitted without adherence to the description given above.
6.4 In case of change of contact details by the complaints submitter during the complaint processing period, the submitted is obliged to notify the Seller accordingly.
6.5 The complaint may include proof attached by the submitter (e. g. photos, documents or the Product) related to the object of complaint. The Seller may also turn the submitter to provide additional information or proof (e. g. images), if this would simplify and accelerate processing of the complaint by the Seller.
6.6 The Seller will process the complaint and respond as soon as possible, not later than within 14 calendar days of having received it.
6.7 The basis and scope of statutory warranty of the Seller are described by the relevant provisions of the law, in particular the Civil Code of Poland, the Polish Consumer Rights Act and the Polish act on the provision of services by electronic means of July 18th, 2002 (Polish Journal of Laws no. 144, item no. 1204, as amended). Additional information concerning legal liability of the Seller for conformity of the Product with the Contract of Sale are described below:
6.7.1 In case of complaint about a Product purchased by the Customer on the basis of a Contract of Sale concluded with the Seller until December 31st, 2002, the relevant laws in force are found in the Civil Code of Poland as valid until December 31st, 2002, in particular art. 556-576 of the Civil Code. These provisions described in particular the basis and scope of responsibility of the Seller against the Customer, if the sold Product would have a physical or legal flaw (statutory warranty). Pursuant to art. 558 par. 1 of the Civil Code of Poland, the Seller’s statutory responsibility for any Product purchased according to the preceding sentence against any Customer who is not a consumer is excluded.
6.7.2 In case of complaints about Products purchased by Customers on the basis of Contracts of Sale concluded with the Seller since January 1st, 2023, the relevant laws in force are found in the provisions of the Polish Consumer Rights Act valid as of January 1st, 2023, in particular art. 43a-43g of the Polish Consumer Rights Act. These provisions described in detail the basis and scope of responsibility of the Seller against the consumer in case of non-conformity of the Product with the Contract of Sale.
6.8 Beside statutory Product liability, a separate warranty may be provided – this would encompass contractual (additional) warranty, and it may be claimed if a Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e. g. by a manufacturer or distributor). Detailed warranty liability provisions, including the data of the entity responsible for the implementation of the warranty and any entity entitled to warranty claims are found in the warranty description, e. g. the warranty card or any other location dealing with the provision of the warranty. The Seller points out that in case of lack of conformity of the Product with the Contract, the Customer is – ly law – entitled to legal protection by and at the expense of the Seller, and that the Warranty does not influence these legal remedies.
6.9 The consumer provisions included in item 6.8.2 of the Regulations also apply to Customers being natural persons concluding contracts directly with respect to its business, if it would follow from the content of the Contract that this would not constitute a professional component of business for that person pursuant in particular to the scope of their business provided on the grounds of the Polish Central Business Register.
8. RIGHT TO WITHDRAW FROM A CONTRACT
8.1. A consumer who has concluded a contract remotely may within 30 calendar days withdraw from said contract without statement of cause and without incurring costs, with the exception of costs specified in pt. 8.8 of the Terms of Service. To observe the above time limit it is sufficient to send the appropriate notice prior to its expiry. The contract withdrawal notice can be submitted, for example:
8.1.1. In writing at the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation ESHOP;
8.1.2. Electronically, via electronic mail at the address: [email protected].
8.2. An example contract withdrawal form template is included in appendix no. 2 to the Consumer Rights Act and on the Online Store’s website. The Customer also receives an electronic return form at the e-mail address provided in the Order. The Consumer may use the form template, however, it is not mandatory.
8.3. The time limit for withdrawing from a contract runs:
8.3.1. for a contract in the performance of which the Seller issues a Product being obliged to transfer its ownership (e.g. a Sales Contract) – from the moment of the consumer or an appointed third party other than the carrier coming into possession of the Product, and in the case of a contract which: (1) encompasses multiple Products delivered separately, in batches or in parts – from coming into possession of the final Product, batch or part thereof, or (2) involves the regular delivery of Products for an unspecified time – from coming into possession of the first of the Products;
8.3.2. for other contracts – from the contract conclusion date.
8.4. In the event of withdrawal from a contract concluded remotely, such a contract is considered un-concluded.
8.5. The Seller is obliged to without delay, no later than within 14 calendar days from the receipt of the consumer’s contract withdrawal notice, to return all payments made by the consumer, including the Product delivery costs (with the exception of additional costs arising from the delivery method chosen by the consumer other than the least expensive regular delivery method available at the Online Store). The Seller reimburses the amounts paid using the same payment method used by the consumer, unless the consumer explicitly agrees to a different reimbursement method which is not related to any additional costs. If the Seller has not proposed to collect the Product from the consumer, they may withhold reimbursement of payments received from the consumer until receipt of the Product or the consumer’s delivery of proof of return shipment, whichever occurs earlier.
8.6. The consumer is obliged without delay, no later than within 14 calendar days from the date of withdrawal from the contract, tor return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has proposed to collect the Product. To observe the aforementioned deadline, it is sufficient to send the Product back prior to its expiry. The consumer may return the Product at the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation ESHOP
8.7. The consumer is liable for the deterioration of the Product’s value resulting from its use in a manner which exceeds the scope necessary to ascertain the nature, properties and functionality of the Product.
8.8. Potential costs related to the consumer’s withdrawal from a contract, which the consumer is obliged to cover:
8.8.1. If the consumer has chosen a Product delivery method other than the least expensive regular method available at the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of Product return, in particular, the cost of shipping the goods to the Seller.
8.8.3. In case of a Product comprising a service whose performance – at the consumer’s explicit request – has commenced prior to expiry of the contract withdrawal deadline, a consumer exercising their right to withdraw from a contract upon notifying of such a demand, is obliged to pay for the services rendered prior to the moment of withdrawing from the contract. The payable amount is calculated in proportion to the scope of services rendered, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration are excessive, the basis for calculating that amount is the market value of the service rendered.
8.9. A consumer is not entitled to withdraw from a contract concluded remotely in relation to contracts:
8.9.1 (1) concerning the provision of services, for which the consumer is obliged to pay, if the Seller provided the service in its entirety following clear and prior consent of the consumer, who was informed before the start of the service that after the service is rendered by the Seller, they will lose the right to withdraw from the contract, and has accepted this; (2) in which the price or remuneration is dependent on fluctuations on the financial market, which the Seller has no control over, and which may occur prior to the expiry of the contract withdrawal deadline; (3) the object of which is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to fulfill their individualized needs; (4) the object of which is a Product which is liable to deteriorate rapidly or has a short use-by date; (5) the object of which is a product delivered in sealed packaging, which cannot be returned upon opening the packaging for reasons of health or hygiene, if the packaging was opened after delivery; (6) the object of which involves Products which, upon delivery, due to their nature, are inseparably combined with other items; (7) the object of which are alcoholic beverages whose price has been agreed upon when concluding the Sales Contract, and whose delivery may take place only after 30 days, and whose value is dependent on market fluctuations which the Seller has no control over; (8) in which the consumer explicitly requested the Seller to arrive at their residence in order to perform urgent repair or maintenance work; if the Seller additionally performs other services than those whose performance the consumer demanded, or delivers Products other than replacement parts necessary to perform the repair or maintenance, the consumer is not entitled to withdraw from the contract in reference to the additional services or Products; (9) the object of which are audio or video recordings, or computer software delivered in sealed packaging, if the packaging has been opened upon delivery; (10) concerning the delivery of daily newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded by way of a public auction; (12) concerning the provision of services spanning accommodation, for purposes other than residential purposes, the transport of goods, vehicle rent, catering, services related to leisure, entertainment, sporting or cultural events, if the Contract would foresee the day or period of provision of the service: (13) concerning the delivery of digital content not provided on physical carriers, for which the consumer is obliged to pay a price if the Seller would commence the provision of the service following clear and prior consent of the consumer, including the information that after the service is rendered by the Seller, they will lose the right to withdraw from the Contract, and has accepted this, with the Seller providing the consumer with the confirmation described under art. 15 sections 1 and 2 or art. 21 section 1 of the Polish Consumer Rights Act; (14) concerning the provision of services, for which the consumer is obliged to pay a price, in case of which the consumer expressly demanded of the Seller that they come to them to perform the repair, and if the service ad already been fully rendered following clear and prior consent of the consumer.
8.10. The provisions of this Section 8 of the Terms and Conditions concerning the consumer shall apply from January 1, 2021, and for contracts concluded from that date, also to the Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, provided that the content of the contract indicates that it does not have a professional character for that person, particularly in light of the subject matter of their business activity as disclosed under the regulations on the Central Register and Information on Economic Activity.
9. PROVISONS CONCERNING BUSINESSES
9.1. This point 9 of the Terms of Service and any provisions contained herein are directed and, therefore, binding only to a Customer or Service User who is not a consumer, and from 1 January 2021 and for contracts concluded since that date, also a Customer who is not a natural person concluding a contract directly tied to their business activity, if the content of said contract states that it is not professional in nature to that person, arising in particular from the object of their business activity, made available based on regulation regarding the Central Business Activity Registration and Information Record.
9.2. The Seller has the right to withdraw from a Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from a Sales Contract in this case may occur without statement of cause and does not result in any claim on part of the Customer towards the Seller.
9.3. The Seller’s statutory warranty liability for the Product or lack of conformity of the Product with the Contract of Sale is excluded.
9.4. The Seller will process the complaint and respond within thirty calendar days of having received it.
9.5. The liability of the Service Provider/Seller towards the Service User/Customer, regardless of its legal basis, is limited – both in terms o a singular claim and for any claims in total – to the Product price and delivery costs paid in accordance with the Sales Contract, however no more than one thousand zlotys. The amount limitations stipulated in the preceding sentence apply to all claims lodged by the Service User/Customer against the Service Provider/Seller, including, in case of non-conclusion of a Sales Contract or not connected to a Sales Contract. The Service Provider/Seller is liable towards the Service User/Customer only for typical damages provided for at the moment of concluding the contract, and is not liable for any lost benefits. The Seller is also not liable for delays in transport of the parcel.
9.6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without stating any reasons by sending the Service Recipient an appropriate declaration.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The monetary limitation mentioned in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including cases where no Sales Agreement has been concluded or the claims are unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is also not responsible for delays in shipment delivery.
9.8. Any disputes arising between the Seller/ Service Provider and the Customer/ Service User shall be resolved by a court of competent jurisdiction over the registered office of the Seller/ Service Provider.
10. PRODUCT REVIEWS
10.1 The Seller does not allow access to Product reviews given by Customers
11. FINAL PROVISIONS
11.1. Contracts concluded by the Online Store are concluded in Polish.
11.2. Changes to the Terms of Service:
11.2.1. The Service Provider reserves the right to make changes to the Terms of Service for valid reasons, namely: changes in legal regulations; changes to payment and delivery methods; addition, change, or removal of Electronic Services – within the scope in which such changes affect the performance of these Terms of Service.
11.2.2. In the event of conclusion of contracts of an ongoing nature based on these Terms of Service (e.g. rendering of the Account an Electronic Service), the amended Terms of Service are binding to the Service User if the requirements specified in art. 384 and 384[1] of the Civil Code are observed, i.e., the Service User has been duly notified of the changes and has not terminated the contract within 15 calendar days from the notice date. If a change in the Terms of Service results in the introduction of any new fees or increase of current fees, the Service User has the right to withdraw from the contract.
11.2.3. In the event of conclusion of contracts other than ongoing on the basis of these Terms of Service (e.g. a Sales Contract), changes to the Terms of Service shall not in any way infringe upon the acquired rights of Service Users/Customers prior to the effective date of changes to the Terms of Service, in particular, changes to the Terms of Service shall not affect Orders being placed or already placed, and Sales Contracts concluded, being performed or completed.
11.3. Provisions of commonly applicable Polish law, in particular the Civil Code, the 18 July 2002 act on Rendering of Electronic Services (Journal of Laws of 2002, no. 144, pos. 1204 further amended), the Consumer Rights Act, and other appropriate legal regulations shall apply in matters not regulated by these Terms of Service.
11.4. These Terms of Service do not exclude the regulations applicable in the country of regular residence of a consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by way of a contract. The Service Provider/Seller in this case guarantees the consumer protection granted on the basis of regulations which cannot be excluded by way of a contract.
Appendices to the Terms of Service:
Notice regarding contract withdrawal
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