TERMS OF SERVICE OF THE TATUUM.COM ONLINE STORE - VALID FROM 01.01.2023
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES AT THE ONLINE STORE
- TERMS OF ENTERING INTO A SALES CONTRACT
- METHODS AND TERMS OF PAYMENT FOR PRODUCTS
- COST, METHOD AND TERM OF PRODUCT DELIVERY AND COLLECTION
- COMPLAINTS PROCESSING PROCEDURE
- EXTRAJUDICIAL METHODS OF COMPLAINT EXAMINATION AND ASSERTION OF CLAIMS, AND RULES CONCERNING ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM A CONTRACT
- PROVISONS CONCERNING BUSINESSES
- PRODUCT REVIEWS
- 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 119998; 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: eshop@tatuum.com 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. CHAT – an Electronic Service available at the Online Store which enables Service Users to send inquiries to the Service Provider and receive assistance related to shopping or the Online Store website’s operation.
1.4.2. WORKING DAY – one day from Monday to Friday, excluding bank holidays.
1.4.3. CONTACT FORM – an Electronic Service comprising a form available at the Online Store, enabling the Service User to contact the Service Provider.
1.4.4. REGISTRATION FORM – a form available at the Online Store which enables registering an Account.
1.4.5. 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.
1.4.6. 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.
1.4.7. CIVIL CODE – the Civil Code act dated 23 April 1964 (Journal of Laws of 1964, no. 16 pos. 93 further amended).
1.4.8. 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.
1.4.9. 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.
1.4.10. 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.
1.4.11. PRODUCT – a moveable good which is the object of a Sales Contract between the Customer and the Seller.
1.4.12. TERMS OF SERVICE – these Online Store Terms of Service.
1.4.13. ONLINE STORE – the Service Provider’s online store available at the address: www.tatuum.com.
1.4.14. 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 119998; 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: eshop@tatuum.com and contact telephone number: +48422372191.
1.4.15. 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.
1.4.16. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store.
1.4.17. 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.
1.4.18. CONSUMER RIGHTS ACT – the act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, pos. 827 further amended).
1.4.19. 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: eshop@tatuum.com 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: eshop@tatuum.com 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. Chat – using the Chat takes place upon opening the chat window using the corresponding button located in the corner of the Online Store’s website. The Service User may then enter the message content and send it to the Service Provider after clicking on the action field. If information on availability of the Service Provider’s consultant is present in the Chat, the Service User should have the ability to conduct a real-time conversation with such a consultant. The Chat is available on Working days between 08:00 and 17:00, whereby the Service Provider does not guarantee to the Service User availability of consultants on the Chat throughout the entire aforementioned period.
2.1.4.1. The Chat Electronic Service is rendered free of charge, is one-off in nature and is completed upon discontinuation of correspondence by the Service User.
2.1.5. 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.
2.1.5.1. 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.
2.1.6. 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 clicking the “Notify about availability” button, and (2) confirming the willingness to receive notifications by clicking the confirmation link sent automatically to the electronic mail address provided. 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.
2.1.6.1. 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 Product Price visible on the Online Store’s website is stated in Euros (EUR) and includes taxes. 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 Payment by cash on delivery
4.1.2 Payment by credit card on delivery
4.1.3 Electronic and card payment services through the websites Przelewy24.pl, 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.przelewy24.pl/, https://www.payu.pl/ and https://www.klarna.com/pay-now.
4.1.3.1 Electronic payments are settled pursuant to the Customer choice by way of Przelewy24.pl, PayU.pl or Klarna.com. The payment services are handled as follows:
4.1.3.1.1 Przelewy24.pl – the company PayPro S.A. with seat in Poznań (address: Kanclerska 15, 60-327 Poznań, Poland), entered into the business register of the Polish National Court Register kept by the District Court of Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Department of the Polish National Court Register, under KRS no. 0000347935, company capital: PLN 4,500,000.00, NIP (tax id.) no. 7792369887, REGON (statistical) no. 301345068.
4.1.3.1.2 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.
4.1.3.1.3 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.
4.1.4 Payments using the Blik system
4.1.4.1 Blik system payments – handled by the company Polski Standard Płatności Sp. z o.o. with seat in Warsaw (address: Czerniakowska 87a, 00-718 Warsaw, Poland), district court for the capital city of Warsaw in Warsaw, 13th commercial department of the Polish National Court Register under KRS no. 0000493783, company capital: PLN 151,263,000, NIP (tax id.) no. 521-366-44-94.
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 12 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 12 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 Ireland 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. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of Product delivery and collection:
5.4.1. Courier service, cash on delivery courier service.
5.4.1.1. 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.
5.4.2. Shipment with collection in a parcel pick-up station.
5.4.3. Shipment with collection in a parcel pick-up station – weekend parcel.
5.4.4. Personal collection available at physical stores. A list of stores is available on the website www.tatuum.com/strony/sklepy-stacjonarne including their exact addresses and working hours.
5.4.4.1. Personal collection is available only for Orders in which the Customer has chosen the electronic, pay card, deferred or Blik payment method.
5.5. 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:
5.5.1. 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.
5.5.2. If the Customer chooses the cash on delivery or pay card on delivery payment method – from the conclusion date of the Sales Contract.
5.5.3. 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.
5.6. Term of Product readiness for collection by the Customer – if the Customer chooses to personally collect the Product, said product shall be ready for collection by the Customer within 10 Working Days, unless a shorter term is stated in the description of a given Product or during Order placement. In the case of Products with different terms of readiness for collection, the effective collection term shall be the longest one stated which, however, cannot exceed 10 Working Days. The Customer shall be additionally notified of a Product’s readiness for collection by the Seller. The beginning of the term of Product collection readiness is counted as follows:
5.6.1. If the Customer chooses the electronic or pay card payment methods – from the date of crediting the Seller’s bank account or settlement account.
5.6.2. 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.
5.7. If the Customer chooses personal collection at the Seller’s physical store, the Product shall await collection by the Customer for 10 Working Days from the time of the Customer being notified of the Product’s readiness for collection. The collection notification is sent to the e-mail address and contact telephone number provided by the Customer during Order placement. To collect the Product, the Customer needs to provide the collection code received at their stated contact telephone number. After 10 Working Days have expired, the Seller Reserves the right to withdraw from the concluded Sales Contract.
5.8. 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.
5.8.1. 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.
5.9. 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 eshop@tatuum.com
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.
7. EXTRAJUDICIAL METHODS OF COMPLAINT EXAMINATION AND ASSERTION OF CLAIMS, AND RULES CONCERNING ACCESS TO THESE PROCEDURES
7.1 Extrajudicial dispute resolution methods include (1) provision of the possibility of convergence of the positions of the parties, e. g. through mediation; (2) suggestion of dispute resolution e. g. through reconciliation, and (3) dispute resolution and imposition of a solution on the parties, e. g. in course of arbitration (court of arbitration). Detailed provisions concerning options for a Customer-Consumer to use extrajudicial complaint processing modes and claims procedures, rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Polish Consumer Protection Office at https://polubowne.uokik.gov.pl.
7.2 The Chairman of the Polish Consumer Protection Office operates a single point of contact tasked with providing consumers with information concerning extrajudicial resolution of consumer disputes. A consumer may contact the contact point in the following ways: (1) by phone – calling 0048 22 55 60 332 or 0048 22 55 60 333; (2) by electronic mail – at kontakt.adr@uokik.gov.pl, or (3) in writing or personally at the Office, address Powstańców Warszawy 1, 00-030 Warsaw, Poland.
7.3 The Consumer has at their disposal for instance the following modes of use of extrajudicial complaint processing and claims procedures: (1) a motion to resolve the dispute filed with a permanent consumer court of arbitration; (2) a motion to resolve the dispute extrajudicially with the voivodeship inspector, or (3) the aid of a county (city) consumer ombudsman or social scheme dealing with the protection of consumers (e. g. Polish Consumer Federation, Polish Consumer Association). Aid and suggestions are provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (line valid in Poland, operating on Business days between 8.00 and 18.00, fee according to operator price list).
7.4 The address http://ec.europa.eu/odr includes an on-line dispute resolution platform serving consumers and businesspeople on the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive consumer and business contact point for extrajudicial resolution of disputes concerning contractual obligations from on-line sales contracts or on-line service contracts (more information can be found on the platform website or on the website of the Polish Consumer Protection Office at https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
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: eshop@tatuum.com.
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.
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. 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
10.1. Contracts concluded by the Online Store are concluded in Polish.
10.2. Changes to the Terms of Service:
10.2.1. 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.
10.2.2. 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.
10.2.3. 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.
10.3. 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.
10.4. 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.
TERMS OF SERVICE OF THE TATUUM.COM ONLINE STORE - VALID FROM 08.03.2022 TO 31.12.2022
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. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL METHODS OF COMPLAINT EXAMINATION AND ASSERTION OF CLAIMS, AND RULES CONCERNING ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM A CONTRACT
9. PROVISONS CONCERNING BUSINESSES
10. 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 119998; 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: eshop@tatuum.com 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. CHAT – an Electronic Service available at the Online Store which enables Service Users to send inquiries to the Service Provider and receive assistance related to shopping or the Online Store website’s operation.
1.4.2. WORKING DAY – one day from Monday to Friday, excluding bank holidays.
1.4.3. CONTACT FORM – an Electronic Service comprising a form available at the Online Store, enabling the Service User to contact the Service Provider.
1.4.4. REGISTRATION FORM – a form available at the Online Store which enables registering an Account.
1.4.5. 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.
1.4.6. 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.
1.4.7. CIVIL CODE – the Civil Code act dated 23 April 1964 (Journal of Laws of 1964, no. 16 pos. 93 further amended).
1.4.8. 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.
1.4.9. 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.
1.4.10. 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.
1.4.11. PRODUCT – a moveable good which is the object of a Sales Contract between the Customer and the Seller.
1.4.12. TERMS OF SERVICE – these Online Store Terms of Service.
1.4.13. ONLINE STORE – the Service Provider’s online store available at the address: www.tatuum.com.
1.4.14. 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 119998; 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: eshop@tatuum.com and contact telephone number: +48422372191.
1.4.15. 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.
1.4.16. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store.
1.4.17. 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.
1.4.18. CONSUMER RIGHTS ACT – the act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, pos. 827 further amended).
1.4.19. 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: eshop@tatuum.com 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, or – if the Customer has chosen payment via PayPal.com – “Pay with PayPal” – 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: eshop@tatuum.com 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 clicking the “Notify about availability” button, and (2) confirming the willingness to receive notifications by clicking the confirmation link sent automatically to the electronic mail address provided. 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.
2.1.5.1. 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 complaint procedure concerning Electronic Services:
2.4.1. Complaints related to the rendering of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which has been specified in pt. 6 of these Terms of Service) can be submitted by the Service User, for example:
2.4.1.1. in writing at the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation ESHOP;
2.4.1.2. electronically, via e-mail at the address: eshop@tatuum.com.
2.4.2. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances concerning the object of complaint, in particular, the type and date of occurrence of an irregularity; (2) the Service User’s demands; and (3) contact data of the claimant – this will facilitate and speed up examination of the complaint by the Service Provider. The requirements stated in the preceding sentence are intended only as a recommendation and do not affect the effectiveness of complaints submitted in omission of the recommended complaint description.
2.4.3. The Service Provider shall address the complaint without delay, however no later than within 14 calendar days from the date of its submission.
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 Product Price visible on the Online Store’s website is stated in Polish Zlotys (PLN) and includes taxes. 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 makes the following methods of payment available to the Seller arising from the Sales Contract:
4.1.1. Payment in cash on delivery, upon receipt of the shipment.
4.1.2. Payment using a pay card on delivery, upon receipt of the shipment.
4.1.3. Electronic payments and pay card payments through the Przelewy24.pl and PayPal.com service – the currently available payment methods are specified on the Online Store’s website under the informational tab concerning methods of payment and on the website https://www.przelewy24.pl/ and https://www.paypal.com/pl.
4.1.3.1. Settlement of transactions via electronic payments is performed according to the Customer’s choice via the Przelewy24.pl service. Handling of electronic payments is conducted by:
4.1.3.1.1. Przelewy24.pl – the company PayPro S.A. with a registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Entrepreneurs’ Registry of the National Court Register kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the KRS number 0000347935, share capital: 4 500 000,00 PLN, Tax ID 7792369887, REGON 301345068.
4.1.3.2. Settlement of transactions via electronic and pay card payments is performed according to the Customer’s choice via the PayPal.com service. Handling of electronic and pay card payments is conducted by:
4.1.3.2.1. PayPal.com – the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. Floor 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.4. PayPo Deferred payments via the Przelewy24.pl service – a service involving a deferred payment term up to 30 days from the conclusion date of a Sales Contract.
4.1.4.1. Handling of deferred payments is conducted by PayPo Sp. z o.o. (Ltd.) with a registered office in Warsaw (address: ul. Domaniewska 37, 02-672 Warsaw), entered into the Entrepreneurs’ Registry of the National Court Register under the KRS number 0000575158 by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register; with a share capital in the amount of 836 600,00 PLN, Tax ID: 5213705997, REGON: 362485126.
4.1.5. Blik payments.
4.1.5.1. Blik payments – handled by the company Polski Standard Płatności Sp. z o.o. (Ltd.) with a registered office in Warsaw (ul. Czerniakowska 87a, 00-718 Warsaw), District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under the KRS number 0000493783, share capital 151 263 000 PLN, Tax ID 521-366-44-94.
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 12 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 12 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.
4.2.3. If the Customer chooses the PayPo deferred payment, the Customer shall be obliged to issue the payment to the benefit of PayPo Sp. z o.o. within 30 calendar days from the conclusion date of the Sales Contract or – if the Customer chooses payment in installments – to pay the amounts due in accordance with the credit payment schedule agreed with PayPo Sp. z o.o..
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 Ireland and Czech Republic.
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:
5.4.1. Courier service, cash on delivery courier service.
5.4.1.1. 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.
5.5. 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:
5.5.1. If the Customer chooses the electronic, pay card, payment methods – from the date of crediting the Seller’s bank account or settlement account.
5.5.2. If the Customer chooses the cash on delivery or pay card on delivery payment method – from the conclusion date of the Sales Contract.
5.6. 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.
5.6.1. 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.
5.7. 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. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are stipulated by commonly applicable legal regulations, particularly in the Civil Code (including art. 556-576 of the Civil Code).
6.2. The Seller undertakes to provide the Customer with a Product without defects.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. In writing at the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation ESHOP;
6.3.2. Electronically, via e-mail at the address: eshop@tatuum.com.
6.4. In the complaint description, it is recommended for the Customer to provide: (1) information and circumstances concerning the object of complaint, in particular the type of defect and date of occurrence; (2) the demands concerning the manner of restoring the Product to a state in accordance with the Sales Contract or statement of price reduction, or withdrawal from the Sales Contract; and (3) contact information of the claimant – this will facilitate and speed up the Seller’s examination of the complaint. The requirements stated in the preceding sentence are intended only as recommendations and do not impact the effectiveness of complaints submitted in omission of the recommended complaint description.
6.5. The Seller shall address the Customer’s complaint without delay, however no later than within 14 calendar days from the date of its submission. If a consumer Customer, when exercising their warranty rights, has demanded replacement of the item or removal of a defect, or has submitted a statement concerning price reduction, specifying the amount by which the price is to be reduced, and the Seller has not addressed said demand within 14 calendar days, the demand is considered to be justified.
6.6. A Customer exercising their warranty rights is obliged to deliver the defective product at the address: KAN Sp. z o.o. Panattoni Apilance Park, Jędrzejowska 85, 93-636 Łódź, with the annotation ESHOP, or to one of the Seller’s physical stores. A list of physical stores is available on the website www.tatuum.com/strony/sklepy-stacjonarne with exact addresses and working hours. In the case of a consumer Customer, the cost of Product delivery is covered by the Seller. If, due to the type of Product or manner of its assembly, delivery of the Product by a consumer Customer is excessively difficult, the Customer undertakes to make the Product available to the Seller at the Product’s current location.
6.7. In accordance with art. 558 § 1 of the Civil Code, the Seller’s Product warranty liability towards a Customer who is not a consumer is excluded.
7. EXTRAJUDICIAL METHODS OF COMPLAINT EXAMINATION AND ASSERTION OF CLAIMS, AND RULES CONCERNING ACCESS TO THESE PROCEDURES
7.1. Detailed information concerning a consumer Customer’s ability to take advantage of extrajudicial methods of complaint examination and assertion of claims, and the rules of access to such procedures are available on the Office for Competition and Consumer Protection website at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. At the Head of the Office for Competition and Consumer Protection, consumers may access a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include assisting consumers in matters concerning extrajudicial resolution of consumer disputes.
7.3. The consumer has the following example possibilities of extrajudicial methods of complaint examination and assertion of claims: (1) submit a motion to resolve the dispute with the permanent amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) submit a motion regarding extrajudicial settlement of a dispute with the provincial Trade Inspector (more information on the website of the inspector of competent jurisdiction over the Seller’s place of business); and (3) assistance of the district (municipal) consumer rights advocate or social organization whose statutory objectives include consumer protection (incl. the Federation of Consumers, Polish Consumer Association). Counsel is provided via e-mail at the address porady@dlakonsumentow.pl and at the consumer help-line number 801 440 220 (help-line available on Working Days in the hours of 8:00-18:00, connection fee according to the network operator’s rates).
7.4. At the address http://ec.europa.eu/consumers/odr consumers may gain access to the online platform for resolving disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website featuring a comprehensive service point for consumers and business owners seeking extrajudicial resolution of a dispute concerning contractual obligations arising from online sales contracts or service contracts (more information on the platform’s website or at the Internet address of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
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: eshop@tatuum.com.
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, or to one of the Seller’s physical stores. A list of stores can be found on the website www.tatuum.com/strony/sklepy-stacjonarne with exact addresses and working hours.
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, if the Seller has fully performed the service at the explicit consent of the consumer, who was informed prior to commencing the service that upon completion by the Seller, the consumer forfeits the right to withdraw from the contract: (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 in the area of accommodation other than for residential purpose, transport of things, lease of vehicles, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service provision; (13) concerning the delivery of digital content recorded on a physical medium, if provision of the service began at the explicit consent of the consumer prior to expiry of the contract withdrawal deadline and upon being informed by the Seller of forfeiting the right to withdraw from the contract.
8.10. The provisions contained in this point 8 of the Terms of Service concerning the consumer from 1 January 2021, and for contracts concluded on of following that date – are also applicable to the Service User or Customer who is a natural person concluding a contract directly related to their business activity, if the content of such contract states that it is not professional in nature for that person, arising in particular from the object of performed business activity, made available based on regulation regarding the Central Business Activity Registration and Information Record.
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 has the right to limit the available payment methods, as well as require a prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Contract.
9.4. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without statement of cause by sending an appropriate notice to the Service User.
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. 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. FINAL PROVISIONS
10.1. Contracts concluded by the Online Store are concluded in Polish.
10.2. Changes to the Terms of Service:
10.2.1. 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.
10.2.2. 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.
10.2.3. 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.
10.3. 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.
10.4. 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: