Regulations of the online store
sklep.tdmtarasy.pl

1. General provisions


1. Online store sklep.tdmtarasy.pl, operating at: https://tdmtarasy.pl/sklep/ , is run by TDM wooden terraces Dorota Maciejewska Krzysztof Maciejewski Spółka, with headquarters at: ul. Stefan Batorego 89, 62-081 Batorowo, operating at the NIP number: 596-175-02-59, REGON: 080395453.

2. These Online Store Regulations set out the rules for making purchases in the online store https://tdmtarasy.pl/sklep/ in particular the rules and procedure for concluding distance sales contracts via the store, as well as the procedure for complaints and the procedure for withdrawing from the contract by the consumer.

3. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344 , as amended).

4. The regulations are addressed to all store customers. All customers are obliged to read the provisions of the regulations before making a purchase.

5. Each customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the regulations, in force at the time of placing the order.

6. Each customer has the opportunity to see the regulations at any time by clicking on the store's website https://tdmtarasy.pl/sklep/ in Hyperlink "Store Regulations". The regulations can be downloaded and printed at any time.

7. All information contained on the store's website https://tdmtarasy.pl/sklep/ referring to products (including prices), do not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740 , as amended), but an invitation to conclude a contract, pursuant to art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740 , as amended). When sending the order form, the Customer submits an offer to buy the indicated goods for the price and on the conditions specified in the description.


2. Definitions


Regulations - this collection of regulations organizing the rules for using the Store services by customers.

Consumer (contracts concluded before January 1, 2021) - a natural person performing a civil law contract through a store, not directly related to his business or professional activity.

Consumer (contracts concluded from January 1, 2021) - the consumer is considered the following persons:

  • A natural person performing a civil law contract through a store, not directly related to his business or professional activity - the so -called " Consumer of the strict sense "

and

  • A natural person concluding a civil law contract through the Store, directly related to his business activity, when the content of this agreement shows that he does not have a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity - the so -called " Entrepreneur with consumer rights ".

For the purposes of these Regulations, it is assumed that in the absence of distinguishing between the two groups of entities, the regulations refer to both consumers of the strict sense and entrepreneurs with consumer rights.

Customer - a natural person (including a consumer) who was at least 13 years old (provided that he obtained the consent of the statutory representative), a legal person and an organizational unit who is not a legal person, whose special provisions grant legal capacity, which uses the services provided by the Store.

Order form - a service available on the store's website, with the help of which the customer can make a purchase, in particular by adding goods to the basket and determining certain conditions of the sales contract, including method of delivery and payment.

The basket - an element of the store in which the goods chosen by the customer are visible and in which the customer has the ability to determine and modify the order data, including the number of purchased products.

Store - a website, belonging to the seller, available under the domain: https://tdmtarasy.pl/sklep/ , through which the customer can buy goods from the seller.

Seller - TDM Wooden Tarasy Dorota Maciejewska Krzysztof Maciejewski Spółka with headquarters at: ul. Stefana Batory 89, 62-081 Batorowo, entered in the CEIDG Central Register and Information on the CEIDG business activity under number 5961616816, NIP: 596-175-02-59, REGON: 080395453 which, conducting economic or professional activities, proposes sales using its website.

Goods - a movable item, which is the subject of trading between the store and the customer, whose sales conditions are determined by the order form.

Sales agreement - a distance sale agreement concluded by the customer via the Store, usually via the order form.


3. Receipt and implementation of orders


1. The condition for using the Store is to read these Regulations and accept it. When placing an order, the customer accepts the content of the regulations.

2. Orders from customers are accepted using the sent order form, made via the website: https://tdmtarasy.pl/sklep/ or e-mail to kontakt@tdmtras.pl, 7 days a week, 24 hours a day.

3. The order of goods is carried out by selecting the goods that the customer is interested in, clicking the "Add to basket" button, located at the description of the goods, and then, from the "basket" level, located in the store tab, fill out the order form, including the choice of delivery form and payment or selection of payment options, if it is available for the selected goods, then clicking on the selected goods.

4. Entrepreneurs, recognized as the so -called Entrepreneurs with consumer rights (see: definition of the "consumer" in these regulations), containing contracts after January 1, 2021, will have to indicate, at the time of ordering the goods, that the purchase is not of a professional nature for them.

5. After placing the order, the Customer receives a confirmation of the order placed to his address by e-mail, given in the order form.

6. After the Customer receives a confirmation of acceptance of the offer, the process of performing the order by the Seller begins, with:

a. In the case of placing a paid order on delivery - it begins to the maximum of the next business day, after it is confirmed by the Seller.

b. In the case of placing an order paid by traditional transfer - it begins after the payment for the order placed, on the bank's bank account.

7. Orders placed in the store are carried out during the store's working hours (on business days, from Monday to Friday, from 9:00 to 17:00. Orders placed on business days after 17:00, on Saturdays, Sundays or holidays will be considered the next business day.

8. The customer will receive a message about the acceptance of the order for execution, which is understood as the seller's statement about the acceptance of the offer. Upon receipt of the Customer, a sales contract is concluded by the customer.

9. A VAT receipt is issued for each order. A VAT invoice will also be sent at the client's request.

10. The available means of communication of the customer with the store are:

a. E-mail-kontakt@tdmtras.pl

b. Telephone - 600802002

c. Correspondence address - ul. Stefana Batory 89, 62-081 Batorowo

11. The price given in the order is the total value that the customer is obliged to pay (gross price). It contains due tax.

12. The seller reserves the right to change prices in the store, introduce new goods for sale, carry out and cancel promotional campaigns, or introducing changes in them in accordance with applicable law.

13. If the consumer is obliged to pay beyond the agreed price, described in the previous paragraph, the store will immediately inform the consumer about this fact, explaining the reason for the price difference. The consumer will be charged with additional costs only after the consumer's clear consent will be obtained.


4. Payment implementation


1. As part of the Store's functioning, the following payment methods are possible:

1. CHAIRING - SHIPPING;

2. by bank transfer, to the bank account - 58109013620000000148150536;

2. The customer who has chosen the payment option by bank transfer is obliged to pay the fee for the order, within five (5) business days, from the date of placing the order. Otherwise, the seller's offer is not binding and the order is removed from the system. In the title of payment, all you need to do is provide the order number. It is possible to extend the payment date, while informing the store's service.


5. Complaints


1. The Seller shall be liable under the warranty for the physical and legal defects of the goods, to the extent specified in art. 556 et seq

2

  • The goods have no properties that it should have due to the purpose of the contract, resulting from circumstances or purpose;

  • The goods have no properties that the seller provided the customer;

  • The goods are not suitable for the purpose of which the customer informed the seller at the conclusion of the contract, and the seller did not raise a reservation as to its purpose;

  • The goods were issued to the customer in an incomplete state.

3. The legal defect of the goods occurs when the goods are the property of a third party or is charged with a third party's law, when the restriction in the use or regulation results from the decision or decision of the competent authority.

4. In the case of a consumer, public assurances of the manufacturer or entity who plays the goods on trading, in the scope of his business, or which presents himself as a producer. The seller, however, is not responsible when he did not know these assurances or could not know them, or when these assurances could not affect the consumer's decision about the conclusion of the sales contract, as well as when the content of these assurances was corrected before the conclusion of the sales contract.

5. The seller is liable under the warranty if the physical defect is found within two years from the date of the item to the customer.

6. In the case of a consumer, when a physical defect was found within a year from the date of release of the goods, it is presumed that the defect or its cause existed at the time the goods were issued.

7. If the buyer is a consumer and a physical defect was found before the year from the date of the sold item, it is presumed that the defect or its cause existed at the time of the danger to the buyer.

8. If the goods have a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the seller immediately exchanges the defective goods with free from defects or removes the defect. This restriction does not apply if the goods have already been replaced or repaired by the seller or the seller did not comply with the obligation to replace the goods with free from defects or remove the defect.

9. If the goods have a defect, the customer may also demand exchange of items with a free from defects or removing the defect.

10. Instead of removing the defect proposed by the seller, the consumer may request the exchange of goods to free from defects or instead of exchanging the goods demand removal of the defect, unless bringing the goods to compliance with the contract in a manner chosen by the consumer is impossible or would require excessive costs compared to the method proposed by the seller.

11. The customer may not withdraw from the contract if the defect is insignificant.

12. Complaints about goods may be submitted:

a. in writing, to the address of the seller's seat;

b. by e-mail, to the e-mail address indicated in the confirmation of the order.

13. The complaint should include:

a. data of the person submitting the complaint (name and surname, correspondence address, optionally-e-mail address and contact phone number);

b. indication of the reason for the complaint and the content of the request;

c. Order number, appearing in the confirmation of the acceptance of the order;

d. The original or copy of the proof of purchase (e.g. receipt or invoice) may facilitate the submission of a complaint, but it is not necessary to submit it.

14. The customer, exercising the rights arising from the warranty, will provide a defective goods at the Seller's expense, to the following address: ul. Stefan Batorego 89, 62-081 Batorowo.

15. The seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.

16. If the complaint is justified, the seller undertakes to replace the defective goods with free from defects or remove the defect within fourteen (14) from the date of the complaint by the Customer.

17. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days, from the date of receipt of withdrawal from the contract, with the proviso that the refund will not take place until the goods are received back or the Customer provides evidence of its return.

18. If the consumer requested an exchange of things or removing the defect or submitted a statement of price reduction, specifying the amount for which the price is to be reduced, and the seller did not respond to this request within fourteen (14) days, it is believed that he considered this request justified.

19. A claim for removal of a defect or exchange of goods into free from defects expires at the end of the year (1) from the day the defect was found. In the case of the consumer, the limitation period may not end within two (2) years.

20. The above provisions do not exclude the possibility for the Seller to grant a guarantee for purchased goods, which provides for separate guarantee regulations.


6. Law of withdrawal


1. Pursuant to the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287 , as amended), the consumer may withdraw from the contract of sale of goods purchased in the store, without giving a reason, making a relevant statement in writing, within fourteen (14) days from the date of the goods (i.e. from the day of the goods). To keep this term by the consumer, it is enough to send a statement before its expiry.

2. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract. The template of the statement is Annex 1 to these Regulations.

3. The statement of withdrawal from the contract should be sent to the following address: ul. Stefan Batorego 89, 62-081 Batorowo.

4. The consumer will return the seller the goods within fourteen (14) days from the day he withdrew from the contract. To keep the deadline, it is enough to send back the goods before its expiry.

5. The return of the goods should be made to the address of the seller: ul. Stefan Batorego 89, 62-081 Batorowo.

6. The Seller, within fourteen (14) days, from the date of receipt of the declaration of withdrawal from the contract, will refund the consumer to all payments made by him, including the cost of delivery of the goods, with the refund of payment will not take place, until the goods are received back or the consumer provides evidence of his reference.

7. The seller will refund the payment using the same payment method that the consumer used.

8. The consumer bears the costs of returning the seller's goods.

9. The right to withdraw from the sales contract is not entitled to the consumer in relation to the contract:

  • in which the subject of the benefit is an unfabricated item, produced according to the consumer specification or to satisfy his individualized needs;

  • in which the subject of the benefit is a thing that is quickly broken or having a short shelf life;

  • in which the subject of the service is the item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or for hygiene reasons if the packaging has been opened after delivery;

  • in which the subject of the benefit are things that, after delivering, due to their nature, are inseparably connected with other things;

  • in which the subject of the benefit are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;

  • for delivering dailies, periodicals or magazines, except for a subscription agreement;

  • in which the price or remuneration depends on the fluctuations on the financial market that the entrepreneur does not control, and which may occur before the deadline to withdraw from the contract;

  • on providing digital content that is not saved on a material medium, if the performance of the benefit began with the consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract;

10. The right to withdraw from a distance contract is not entitled to an entity other than a consumer, in the sense adopted for the purposes of these Regulations (see definition of "consumer").


7. Extreme dispute resolution


1. In the event that the complaint procedure does not bring the result expected by the consumer, the consumer may benefit, among others With:

  • Mediation conducted by the competent Voivodship Inspectorate of the Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free. The list of inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

  • Assistance of the competent area of ​​a permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before an arbitration court. As a rule, the proceedings are free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

  • Free help of the Municipal or Poviat Consumer Ombudsman.

  • Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

2. This chapter entitled "Extra -court resolution of disputes" does not apply to one category of persons described in these regulations as consumers, the so -called "Entrepreneurs with consumer rights", which entered into force for contracts concluded from January 1, 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the so -called Consumer category of the strict sense.


8. Protection of personal data


1. The Customer, by placing orders, agrees to the processing, provided by him, in order to implement and handle the order, by the Seller, who is also the administrator of personal data, within the meaning of Art. 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals in connection with the processing of personal data and in the case of the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Oh L 119, 4.5.2016, pp. 1-88.

2. The administrator of personal data provided by the Customer, while using the Store, is the seller.

3. Personal data in the seller's database is not transferred to entities that do not participate in the implementation of the sales contract.

4. Customer in accordance with art. 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals in connection with the processing of personal data and in the case of the free flow of such data and repealing Directive 95/46/EC (general data protection regulation), oh l 119, 4.5.2016, p. 1-88 has the right to access their personal data, they may claim removal. The seller provides each customer with the right to control the processed personal data.

5. Providing personal data is voluntary, however, the lack of consent to the processing of personal data prevents the Customer's Order from completing.

6. Detailed information in the field of personal data and privacy protection was included in the "Privacy Policy" tab on the store's website.


9. Final provisions


1. The Regulations set out the rules for the conclusion and performance of the contract for the sale of goods on the Store's website.

2. The sales contract is concluded between the customer and the seller.

3. The Regulations are available to all customers in electronic version on the store's website https://tdmtarasy.pl/sklep/ .

4. To be able to use the services of the store, it is necessary to have devices that allow you to access the Internet and a web browser, enabling the display of websites, as well as providing an e-mail address that allows you to send information regarding the implementation of the order.

5. It is prohibited to all people, including clients, to post unlawful content on the store's website.

6. In matters not covered by these regulations, the relevant provisions of generally applicable law shall apply.

7. The Regulations do not exclude or limit any customer rights, which is a consumer, which he has under mandatory legal provisions. In the event of contradictions between the provisions of the Regulations and the absolutely applicable law, granting consumers the rights, these provisions have priority.

8. In the event that any of the provisions of these Regulations were or were to become invalid or ineffective, the validity of the entire regulations in the rest is intact. In this case, the parties will replace an invalid or ineffective decision to others, which is most loyal to the intended economic goal. This also applies to possible gaps in the regulations.

Annex 1: The form of withdrawal by the consumer of the strict sense and entrepreneur with consumer rights on the concluded contract


City: ___________, day: ______________ r.

Consumer/entrepreneur with consumer rights:

Name and surname: _________________

Address: ________________

E-mail: _________________

Tel: _________________

Entrepreneur:

Name: https://tdmtarasy.pl/sklep/

Address: ul. Stefana Batory 89, 62-081 Batorowo

Form of withdrawal by a consumer or entrepreneur with a consumer rights
from a contract obliging to transfer ownership of things

Hereby, acting on the basis of art. 27 of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287 , as amended), in the following:

Art. 27 of the Consumer Rights Act

The consumer who has concluded a distance contract or outside the company's premises may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 para. 2 and art. 35.

I inform you about the withdrawal from the contract, concluded on the day ____________________, consisting of:


______________________________________________________________________


______________________________________________________________________


______________________________________________________________________


In connection with the above, I would like to kindly refund the following money, resulting from the withdrawal from the contract: _______ (in words: _______________________________________), which should be transferred to the following bank account number: __________________________.

With words of respect,

__________________

(Consumer/Entrepreneur's own signature on consumer rights)