an online store run by Firma Obuwnicza “TANEX” S.C. Robert Tatka, Karolina Tatka (https: // [www.tanex.com.pl] /)
1. Client – a natural person, including a Consumer, who is at least 13 years old, where
in the event that she has not reached the age of majority, the consent of her legal representative is required if the law requires it, unless a contract is concluded, of the nature specified in art. 20-22 of the Civil Code, as well as a legal person and an organizational unit that is not a legal person, which the law grants legal capacity – which concludes a contract with the Seller using the means of distance communication.
2. The Seller – Karolina Tatka and Robert Tatka, jointly running a business under a civil partnership under the name Firma Obuwnicza “TANEX” S.C. Robert Tatka, Karolina Tatka, _Stanisław Dolny 378A, 34-130 Kalwaria Zebrzydowska, NIP: 5512616043, REGON: 122737648, e-mail: firstname.lastname@example.org, phone: +48 (33) 876 74 89, tel. mobile: +48 604 538 756.
3. Consumer – a natural person who performs a legal transaction with the entrepreneur (Seller) not directly related to his business or professional activity.
4. Recipient – a customer who uses the service provided by the Seller electronically.
5. Service Provider – Seller who provides electronic services.
6. Goods – a movable item that the Customer may purchase from the Seller via the online store available at: [www.tanex.com.pl].
7. Website – the Service Provider’s website available at: [•].
II. General provisions
1. These Regulations define the rules for concluding contracts for the sale of Goods, in Polish, using a means of distance communication – an online store, available at: [www.tanex.com.pl], delivered only on the territory of the Republic of Poland, for which the only accepted method of payment is payment in Polish zlotys (PLN).
2. The customer is obliged to comply with the provisions of the Regulations.
3. The Customer may place orders for Goods via the online store available on the website at [www.tanex.com.pl], specifying the type and number of items of the Goods. When placing an order, the Customer also chooses the method of delivery of the Goods.
4. The information provided on the websites of the website [•], in particular announcements, advertisements, price lists and other information, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. The above-mentioned information does not constitute an offer for sale within the meaning of Art. 543 of the Civil Code.
5. The Customer may access these Regulations at any time and free of charge
via the Internet link on the website of the online store at the link [•] and print it.
6. Fees for connecting to the Seller’s service office, specified in Chapter I point 2:
a. from landline phones – fee as for a local call;
b. from mobile phones – fee in accordance with the price list of the operator of a given mobile network.
7. The Seller reserves the right to make changes to the prices of Goods in the online store at www.tanex.com.pl on an ongoing basis and to carry out and cancel all kinds of promotional campaigns and sales, informing about this fact on the above-mentioned the website of the store, specifying the date of completion of the promotional campaign or sale.
8. Information about the price provided in the online store at the address [www.tanex.com.pl] is binding from the moment the Customer receives the e-mail referred to in Chapter III point 5. lit. b. below. This price will not change regardless of price changes in the above-mentioned online store that may appear in relation to individual Goods. In the case of application to the above-mentioned on the website of the online store of the incorrect price, the Customer will be informed about it before receiving the above e-mail. The Seller has the right to withdraw from the sales contract within seven days from its conclusion. The consumer has the right to withdraw from the sales contract in cases provided for by law, taking into account Chapter VII of the Regulations.
9. Goods offered in the online store are not covered by the guarantee, unless the Goods indicate otherwise, specifying its content and method of implementation.
10. At the Customer’s request, the Seller issues an invoice in accordance with applicable law, ie in particular after providing the Customer’s tax identification number at the time of placing an order for a Service or Goods. The invoice may be issued only when the Customer submits such an instruction at the time of ordering the Goods.
11. The customer is obliged to pay the price for the ordered Goods, in the case of ordering several items, the prices are added up and any delivery costs. Total price consisting of the price and possible delivery costs are given in the order form filled in by the Customer. After the Customer selects the method of payment, delivery and the delivery address of the Goods, he will be informed about the total price of the order before confirming the order.
12. The costs of sending the ordered Goods to the Customer (delivery costs) shall be paid by the Customer. Delivery costs may include additional – clearly defined – costs, i.e. priority mail, insured mail, if such costs were foreseen in the respective case and the Customer has chosen a shipping option that includes such additional costs. Each time, the sum of such costs is given to the Customer before confirming the order.
13. On the basis of the concluded distance sale agreement, the Parties are obliged to provide a mutual benefit
as follows: the Seller’s performance consists in the transfer of possession (release of the Goods) and the ownership of the ordered Goods with the features marked in the order to the Customer, while the Customer’s service consists in the payment of the total price, which includes the price of the Goods and possible delivery costs (in the case of an order Goods).
14. The Seller’s service will be fulfilled once, the Goods will be released immediately, not later than within thirty days from the date of the contract, unless the contract provides otherwise. The seller may withhold the performance until the customer offers a mutual benefit.
15. Communication with the customer will be made using means of individual distance communication, ie by phone: [+48 604 538 756], by e-mail: [email@example.com].
16. The Seller is obliged to deliver the ordered Goods without defects. In the event of delivery of defective items to the Consumer, the Seller is liable for defects in items under the provisions of the Civil Code, in particular pursuant to art. 556 et seq.
17. Expressing consent to the application of the Regulations by checking the appropriate checkbox when starting activities aimed at concluding a distance contract via the form on the website is tantamount to full acceptance of the terms of these Regulations.
III. Conclusion of the Goods Sale Agreement via the Online Store
1. The Customer may conclude a distance sales contract of selected Goods via the Online Store form. The sales contract will be concluded with the Consumer along with the receipt of the e-mail referred to in point 5. lit. b. chapter III of the Regulations, below and the payment of the price is credited to the account, unless a different payment method has been individually agreed. The contract for the sale of Goods will be concluded with the Customer who is not a Consumer along with the receipt by him of the e-mail message referred to in point 5. lit. b. chapter III of the Regulations, below and the payment of the price is credited to the account, unless a different payment method has been individually agreed.
2. In order to conclude a distance sales contract via the Online Store, go to the website of the store available on the website at [www.tanex.com.pl], then select the Goods available in the Online Store and place an order by taking further technical steps based on messages or information appearing on the website.
3. Placing an effective order is possible after accepting these Regulations.
4. Orders can be placed 24 hours a day, all days of the year. Orders placed on Saturdays, Sundays and public holidays will be processed on the first working day following the day on which the order was placed. Non-working days (Sundays and public holidays) are defined on the basis of the Act of January 18, 1951 on non-working days (Journal of Laws 1951.4.28, as amended).
5. After placing the order, the Customer receives e-mail messages, in particular:
a. an e-mail confirming the receipt of the order by the Store (from this moment the offer is binding on the offeror (Customer) – this binding consists in the fact that the offer addressee (Seller) may, by accepting the offer, lead to the conclusion of the contract with the content specified in the offer. where the offer is binding on the offeror, the conclusion of the contract depends on the decision of its addressee, unless the offer is canceled);
b. e-mail with the title “Order No. XXX / YYY” confirming all the essential elements of the order together with the information that the order has been accepted by the Seller (the moment of concluding the sales contract with the Consumer). This e-mail may be preceded by an attempt to confirm the order by phone. If, within 3 (say: three) working days from the date of receipt of the order, it will not be possible to make a telephone connection with the Customer, the order may be canceled by the Seller (rejection of the offer).
6. The customer has the right to cancel the order before the day receiving the message
the e-mail referred to in point 5. lit. b. above. Within the above period, the Customer is entitled to cancel the order and / or submit a new one. For this purpose, please contact the Seller via e-mail: [firstname.lastname@example.org].
7. Prices in the Online Store are given in Polish zlotys (PLN). The Seller shall each time inform the Customer of the gross price of the Goods. The gross price includes all components, including VAT. The price given on the Store’s website does not include delivery costs. The customer may pay the price by bank transfer (more on payments in chapter IV below).
8. The order of the Goods will be transferred for execution immediately after the conclusion of the sales contract.
9. In the case of ordering the Goods, its delivery will be made no later than within thirty days from the date on which the sales contract was concluded, unless otherwise stated with the Goods, taking into account point 14 of chapter II above.
10. Information on the availability of the Goods is provided each time for a given Goods on the website of the online store.
11. In order to fulfill the order, the Customer is obliged to provide all the necessary data enabling their implementation, i.e. name and surname, contact telephone number, e-mail, and in the case of ordering the Goods, the delivery address (street, house number, city and postal code). ). These data are necessary for the proper performance of the contract.
12. The order completion date may be confirmed in the e-mail referred to in point 5. lit. b. above.
IV. Method and date of payment
1. Payment for the Service and the Goods sold will be made to the Seller’s bank account number: 23 1020 1433 0000 1202 0115 7809
2. The customer is obliged to make the payment within 1 working day from the moment of placing the order or, in the case of a decision to pay on delivery, at the time of delivery of the Goods by the carrier.
V. Delivery costs
1. Delivery costs are each time provided when completing the order form (on the website of the Online Store).
2. Delivery costs are borne by the Customer, unless otherwise stated in a given case.
VI. Complaints about a distance contract
1. Pursuant to Art. 558 §1 of the Civil Code The Seller’s liability under the warranty for defects in the Goods towards the Customer who is not a Consumer is excluded.
2. The consumer has the right to lodge a complaint based on the provisions of the Civil Code, in particular claims resulting from the warranty for defects (Art. 556 et seq. Of the Civil Code).
3. In order to properly consider the complaint, the Seller asks for: providing evidence of the purchase of an advertising Service or Good (e.g. a receipt), submission of a statement (request) with a description of the complaint (specification of the defect of the Good), and in the case of a complaint, the Product being delivered to the Seller, to the following address: Firma Obuwnicza “TANEX” SC Robert Tatka, Karolina Tatka, _Stanisław Dolny 378A, 34-130 Kalwaria Zebrzydowska, with the annotation: “Complaint”.
4. Information on the consideration of the complaint will be provided to the claimant in the manner in which it was reported. In the event of a positive consideration of the complaint, depending on the claimant’s request, the Product will be repaired or replaced with a new one, the price will be reduced, and in the event of withdrawal from the contract, the funds will be refunded.
5. The time for responding to the complaint under the warranty for defects, with the exception of the declaration of withdrawal from the contract, is fourteen days.
6. Each complaint is considered in accordance with the law and these Regulations.
VII. The right to withdraw from the contract
1. A consumer who has concluded a distance sales contract may withdraw from it within 14 days without giving any reason and without incurring costs other than the costs specified in points 7 and 8 below.
2. The period for withdrawal from the contract for the sale of the Goods begins for the contract in which the entrepreneur issues the item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party designated by him other than the carrier, and in the case of a contract, which includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part.
3. The consumer may withdraw from the contract of sale of the Goods by submitting a declaration of withdrawal to the Seller. The declaration may be submitted on the form constituting Annex 1 to the Regulations, by sending it to the following address: Firma Obuwnicza “TANEX” S.C. Robert Tatka, Karolina Tatka, _Stanisław Dolny 378A, 34-130 Kalwaria Zebrzydowska.
4. The declaration of withdrawal may be submitted on the withdrawal form contained in Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
5. The consumer may return the Goods together with a declaration of withdrawal from the contract new. Anyway, the Consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to pick up the goods himself.
6. The Seller shall refund the payment using the same method of payment as used by the Consumer, ie by bank transfer to the indicated Consumer’s account.
7. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not refund the additional costs incurred by the Consumer.
8. The refund does not include the costs of returning and packaging the Goods to the Seller (direct costs of returning the goods), which are borne by the Consumer.
9. The Seller withholds the reimbursement of the payment to the Consumer until he receives back the Goods or proof of its return, depending on which event occurs first, unless the Seller offers to collect the goods from the Consumer.
10. The right to withdraw from a distance contract, pursuant to Art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Consumer is not entitled to contracts where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or meeting his individual needs.
VIII. Types and scope of services provided electronically
1. The Service Provider also provides the following services via the website: a service that allows you to get acquainted with the information on the websites at: [www.tanex.com.pl] (use of websites); a service enabling the conclusion of a distance sales contract through an online store, website user account, service of sending regulations or invoices by electronic means to the e-mail address provided by the Customer.
2. The Service Recipient may use additional services indicated in sec. 1 above, available via the website, subject to the technical conditions of the ICT system referred to in Chapter IX below.
IX. Terms of providing services by electronic means
1. The condition for the proper use of the services indicated in point VIII above is that the Customer has an ICT system that meets the following minimum technical requirements:
a. with access to the Internet (recommended speed of at least 128 kb / s);
b. in the case of desktops and laptops, the User should install the Internet Explorer browser (version 8 or newer) or the Google Chrome browser (version 14.0 or newer) or the Opera browser (version 11.1 or newer) or the Mozilla Firefox browser (version 3.5 or later) or Safari (version 3.2.2 or later);
c. in the case of mobile phones (including smartphones) and tablets, the User should use the operating system: Android 4.0.3. or iOS 7 or Windows Phone 10
d. having a current, active and properly configured e-mail account.
2. The Service Provider informs that when using the service, short text information called “cookies” or other technologies (eg local storage) are saved on the Customer’s computer. Installation of “cookies” is necessary for the proper provision of the service.
3. The Service Recipients are forbidden to provide illegal content.
4. The Service Provider provides access to up-to-date information about specific threats
using the service provided electronically; the function and purpose of the software or data that is not a component of the content of the service, entered into the ICT system used by the Service Provider, at the request of the Service Recipient, sent electronically to the Service Provider’s e-mail address.
X. The rules for the provision of electronic services and the conditions for concluding
and terminating contracts for the provision of electronic services
1. The commencement by the Service Recipient of using the services covered by the Regulations is tantamount to concluding the Agreement for the provision of electronic services available through the Website without the need to draw up a separate agreement. With the exception of the Service Recipient’s account service, which is valid until the account is deleted, in the event that the Service Recipient terminates the use of services made available via the Website, the Agreement for the provision of electronic services is terminated automatically without the need to submit additional statements upon leaving the Website, excluding to the e-mail address of the invoice by electronic means or the content of the Regulations, which is completed after they are sent to the address indicated by the Customer.
2. The above services are performed at the individual request of the Service Recipient, which the Service Recipient can start and end at any time, except that the service of sending invoices by electronic means to the e-mail address indicated by the Service Recipient is performed at the Service Recipient’s individual request submitted in the course of the order or within the time limit provided for by law, and the service of sending the regulations at any time.
3. Any complaints regarding the services provided electronically by the Service Provider should be reported to the Service Provider’s address within fourteen days from the disclosure of the reasons for the complaint. Please include the information in the subject line of the e-mail or on the envelope: “Complaint”.
4. The complaint should contain information on the following personal data of the Service Recipient submitting the complaint: name and surname, correspondence address, e-mail address, subject of the complaint, detailed description of the advertised service provided electronically, reason for the complaint (justification).
5. Complaints will be considered by the Service Provider immediately, but not later than within 30 days from the date of delivery of the complaint.
6. The person submitting the complaint will be informed about the method of considering the complaint in the manner in which the complaint was submitted, to the correspondence or e-mail address provided in the complaint.
7. The above, in no case, does not limit the consumer’s rights provided for by generally applicable provisions of law, resulting from or related to the concluded distance contract.
XI. Personal data protection
1. The co-administrators of your Personal Data are Karolina Tatka and Robert Tatka, who run a business jointly as part of a civil partnership under the name Firma Obuwnicza “TANEX” S.C. Robert Tatka, Karolina Tatka, _Stanisław Dolny 378A, 34-130 Kalwaria Zebrzydowska, NIP: 5512616043, REGON: 122737648, e-mail: email@example.com, phone: +48 (33) 876 74 89, tel. mobile: +48 604 538 756.
2. The personal data of the Customers are processed with appropriate security measures that meet the requirements of Polish law, taking into account the principles resulting from art. 5 of the Regulation of the European Parliament and of the Council of the European Union 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection; “GDPR”), i.e. the principles of: reliability and transparency, purpose limitation, lawfulness, data minimization, correctness, storage limitation as well as integrity and confidentiality.
3.The data of the Service Users are processed by the Co-administrators in accordance with the law for the following appropriate purposes – depending on which functionality of the Online Store or what service is used or used by the data subject (because these data come only from the Service Recipient’s activity on the website Internet – in turn, the scope of this data depends on which services or functionalities the Customer uses or has used), i.e.
a) in accordance with Art. 6 sec. 1 lit. b GDPR: in order to conclude a distance contract or to take steps at the request of the data subject before concluding a distance contract; in order to perform the contract; to service the account and solve technical problems; in order to contact the Service Recipient in connection with the offer submitted by him or the performance of the contract; in order to use the functionality of the Website;
b) in accordance with Art. 6 sec. 1 lit. c GDPR: in order to fulfill legal obligations resulting from the generally applicable provisions and incumbent on the Service Provider: including for accounting and tax purposes; complaints; in order to provide information at the request of a state authority on the basis of specific regulations, e.g. the police, prosecutor’s office, court;
c) in accordance with Art. 6 sec. 1 lit. a GDPR in order to implement a free newsletter subscription;
d) in accordance with Art. 6 sec. 1 lit. f GDPR due to the legitimate interest of the Service Provider in the form of the following purposes, respectively: in order to possibly establish, investigate or defend against claims of data subjects (including for the purpose of debt collection and conducting court and enforcement proceedings); for analytical purposes, i.e. selection of services to the needs of the Customers; optimization of products based on the comments of the Customers, the interests of the Customers, technical logs of the application; optimization of service processes based on the course of sales and after-sales service processes, including complaints (having information about the statistics of the activities conducted by the Service Provider allows him to improve his business); in order to offer the Service Provider’s products and services directly to the Service Recipients (marketing or to offer directly products and services (marketing) of companies cooperating with the Service Provider without the use of electronic communication means (the legitimate purpose is to conduct marketing activities promoting the conducted activity) or other entities); in order to offer the Service Provider’s products and services directly to the Service Recipients (marketing or to directly offer products and services (marketing) of companies cooperating with the Co-administrators from the use of electronic communication means – these activities due to other applicable regulations, in particular the telecommunications law and the Act on providing services by electronic means, are carried out only on the basis of relevant consents, if such consents have been collected; to ensure security and to prevent abuse and fraud; to organize promotional campaigns, promotional programs and campaigns in which the Service Recipients may participate; to handling requests sent using the contact form, other requests, including ensuring accountability (for the legitimate purpose of responding to requests and inquiries sent using the contact form or in another form, including storing such requests and documents green responses to maintain accountability).
4. The joint controllers distinguish and mark personal data, the provision of which is necessary due to the nature of the contract or the manner of its implementation. The refusal to provide the data marked in this way results in the Service Provider’s refusal to provide a given service or the inability to effectively submit an offer to conclude a distance sales contract. In the remaining scope, failure to provide data (or individual data) may hinder or prevent the proper performance of other functionalities or services available on the website. Providing personal data by the Customer is voluntary – it is necessary to take into account the preceding sentences.
5. The joint controllers shall also inform the data subject:
a) about the right to request from the Co-administrators access to personal data concerning the data subject, rectification, deletion or limitation of processing or the right to object to processing, as well as the right to transfer data;
b) that if the processing takes place on the basis of a declaration of consent – the person expressing such consent has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal;
c) on the right to lodge a complaint to the supervisory body – the President of the Personal Data Protection Office;
d) that personal data will be deleted – in accordance with the law – at the end of the storage period;
e) that personal data is stored for a period no longer than necessary to achieve the purposes described in paragraph 3 above – including the proper functioning of the Joint Controllers’ activities, taking into account the limitation periods for claims and the period justified by the need to store accounting documentation in accordance with the provisions of law, obliging the Joint Controllers to store these documents. The co-administrators also inform that the limitation period for claims has been described in art. 118 of the Civil Code, unless in a given Prov a special rule applies to the event. In turn, in art. 74 sec. 2 lit. 4 of the Accounting Act, the legally prescribed period of the obligation for the Co-administrators to store accounting documents was described. The joint administrators also explain that: data contained in the contracts and annexes to these contracts are stored for up to three months after the expiry of the limitation period for claims under the contract; data provided using the available forms on the website are stored for a period of three years in order to maintain the principle of accountability; documents related to the warranty and complaint will be stored for a period of one year after the expiry of the warranty period or consideration of the complaint, depending on which of these circumstances will occur later, data for marketing purposes in the case of data processing on the basis of consent provided for by law – will be stored until withdraw consent; in turn, in the case of processing this data on the basis of the legitimate purpose of the Co-administrators – until an objection is raised (request to stop processing data by the data subject).
g) Recipients of Service Users’ data – depending on the scope and purpose of the data being processed, in accordance with para. 3 above, may be, on the terms provided for by law, in terms of a given purpose of processing, respectively:
a. for the performance of a distance sales contract: entities operating by post or courier, if the subject of the contract is to be delivered by means other than electronic; banks or entities operating an electronic payment system, if it is necessary to conduct settlements; entities supporting the Co-administrators in their activities at their request in order to perform the contract; entities providing legal and accounting assistance – in order to implement the rights and obligations provided for by law (including securing rights and pursuing claims under the contract);
b. in each case state authorities or other entities authorized under the provisions of law, in order to perform the obligations imposed on the Co-administrators under the provisions of law, e.g. the tax office, the police, the public prosecutor’s office;
c. entities providing marketing services – to support the Co-administrators in promoting goods, organizing promotional campaigns, loyalty programs and campaigns;
d. entities servicing ICT systems and providing IT services – in the scope of maintaining the proper functioning of the System, its updates, repairs, and the introduction or improvement of functionalities.
1. Settlement of any disputes arising from or related to: the provision of electronic services by the Service Provider / Seller on the basis of these Regulations arising between the Service Provider / Seller and the Service Recipient / Customer who is not a Consumer; or with an agreement concluded at a distance between the above-mentioned The parties (not the consumer) are subject to the court having jurisdiction over the city of Krakow.
2. In the event of disputes with the participation of the Consumer, it is possible to use out-of-court complaint and redress mechanisms. The consumer may request the intervention of the ombudsman or use mediation (provided that the Seller agrees to mediation). Access to the above. procedures are described in the Polish Code of Civil Procedure and the Act on Competition Protection
and consumers. Details on the methods and access to out-of-court dispute resolution can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php. The Seller informs that pursuant to the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013 at: http://ec.europa.eu/consumers/odr (https: //ec.europa. eu / consumers / odr / main / index.cfm? event = main.home2.show
& lng = PL) there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
XIII. Final Provisions
1. Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and all of these Regulations will be applied.
2. In matters not covered by these Regulations, the provisions applicable in the territory of the Republic of Poland shall apply, in particular the Civil Code, the Act on the provision of electronic services, the Act on consumer rights, the Act on the protection of personal data.
3. The Seller / Service Provider reserves the right to amend these Regulations on the terms set out in the following sentences. Amendments to the Regulations are effective from the moment they are clearly indicated and posted on the website of the online store. The previous regulations (in force at the time of the conclusion of the contract) apply to contracts concluded before the amendment to the regulations – so the amendment to the regulations will not apply to contracts that were previously concluded.
4. All information, data and materials made available on the website (including names, logos, price list, as well as graphics, colors and website layout) and all other intangible property rights related to the content of the website, including . works, trademark rights, belong to the Seller or entities with which the Seller has concluded appropriate agreements and are protected by copyright, trademark rights, database rights or other intellectual property rights
5. The Regulations shall enter into force on [•].