TERMS AND CONDITIONS OF THE ONLINE STORE
§1 GENERAL PROVISIONS
1. These Regulations of the Online Store (hereinafter referred to as the "Regulations") define the rules for using the Online Store, including, but not limited to, placing and executing Orders, using the Customer Account, complaint procedure, rights related to withdrawal from the Sales Agreement.
2. The Regulations are made available to the Customer at Link to the Regulations of the store free of charge, before the conclusion of the Sales Agreement, in a way that allows the acquisition, reproduction and recording of the content of the Regulations using the ICT System used by the Customer.
3. The Customer is obliged to comply with all provisions of the Regulations. The sale is based on the current version of these Regulations, i.e. the version that is valid and accepted by the Customer at the time of placing the Order.
4. The conclusion of the agreement for the electronic provision of the Customer Account services indicated in these Regulations is subject to registration in the Online Store, reading and accepting the content of these Regulations.
5. By concluding an agreement for the electronic provision of Customer Account services, the Seller undertakes to permanently provide the Customer with access to the Customer Account and to use the Online Store to the full extent on the basis, within and on the terms set out in these Regulations.
1. Whenever the Regulations refer to:
a. "Seller" - it should be understood as TEGRA RAFAŁ HOŁUBEK, Aleja Fryderyka Chopina 49A, 05-092 Łomianki Dolne, NIP 527 156 86 37, REGON 012900094, e-mail: firstname.lastname@example.org - which runs the Online Store and sells through it goods;
b. "Customer " - it should be understood as a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity - using the Online Store, including using the Customer Account created for it by the Seller;
c. "Consumer" - it should be understood as a Customer who is a natural person using the Online Store, in particular making purchases, to the extent not directly related to the Customer's business or professional activity;
d. "The Pages " – it should be understood as the Seller and the Customer jointly;
e. "Sales Agreement" – it should be understood as a distance contract, the subject of which is the sale of the Goods by the Seller to the Customer in accordance with the rules set out in the Regulations .
f. "Online Store" – it should be understood as the www.tegraeyewear.com internet platform administered by the Seller, available on-line through the www.tegraeyewear.com, through which the Customer can purchase Goods;
g. "IT System" - it should be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of July 16, 2004 r. - Telecommunications Law ( i.e. Journal of Laws of 2019, item 2460, as amended);
h. "Goods" - it should be understood as a movable item presented by the Seller in the Online Store, which may be the subject of the Sales Agreement. Pictures of the Goods are for illustrative purposes only; this means that the Goods in the pictures may slightly differ from their actual appearance due to the individual settings of the Customer's computer hardware (e.g. color saturation, proportions)
i. "Customer Account" - it should be understood as an individual account set up for the Customer as part of the provision of electronic services by the Seller, with the help of which the Customer uses access to the Online Store and has the possibility, among others, to place Orders in a simplified manner;
j. "Electronic Address" - it should be understood as the designation of the ICT System enabling communication by means of electronic communication, in particular electronic mail;
k. "Price" – it should be understood as the net value of the Goods expressed in EUR. The price does not include the cost of delivery, which depends on the method of delivery of the Goods to the Customer, as well as on the value and size of the Order and is given when choosing the method of delivery of the Goods by the Customer. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the basket before placing the Order by the Customer;
l. "Personal Data" - it should be understood as information about an identified or identifiable natural person;
m. "Personal Data Administrator" - it should be understood as the Seller who, acting in this role alone or jointly with others, determines the purposes and methods of processing Personal Data;
n. "Regulations" - it should be understood as this document;
o. "GDPR" - it should be understood as REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 Data Protection Regulation) (Journal of Laws UE.L.2016.119.1 of 2016.05.04);
p. " Order " should be understood as the Customer's declaration of will submitted via the Online Store specifying: the type and quantity of ordered Goods; type of delivery; type and amount of payment; the place of delivery of the item, the Customer's data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE STORE AND ONLINE
1. The Online Store is run by the Seller.
2. Information about the Goods posted on the Online Store website does not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to submit offers within the meaning of Art. 71 of the Civil Code.
3. Information about the Goods placed in the Online Store does not mean that the Goods are actually available from the Seller and it is possible to fulfill the Order for them.
4. The goods presented in the Online Store may have a guarantee of the manufacturer, importer or Seller, which covers the territory of the EU. The warranty period for each Good is indicated in its description. The detailed terms of the warranty are specified in the warranty card issued by the guarantor.
5. The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional campaigns in the Online Store, in particular on the basis of the regulations of a given promotion. The introduced changes do not affect the effectiveness and execution of previously placed Orders by the Customer.
6. The Seller ensures the availability of the Online Store for the Customer only on-line and provided that the Customer provides at his own expense:
a. computer hardware with an operating system that allows the use of Internet resources,
b. Internet connection;
c. access to an individual e-mail account;
d. “cookies” option enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
7. Subject to other provisions of the Regulations, the Online Store is available to the Customer during the period of using the Online Store, 24 hours a day, seven days a week.
8. The Seller reserves the possibility of the on-line unavailability of the Online Store for the Customer in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, troubleshooting, making necessary adaptations, changes and other similar activities.
9. The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing the existing functionality.
§4 CUSTOMER ACCOUNT
1. The condition for the Customer to use the full range of functionality of the Online Store is the acceptance of the provisions of the Regulations, free registration of the Customer Account in the Online Store and confirmation of this registration by the Seller.
2. Setting up a Customer Account is necessary to place an Order in the Online Store.
3. By registering the Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the provision of electronic services for maintaining the Customer Account in accordance with the provisions of the Regulations.
4. When registering a Customer Account, he enters a login and password set by himself and known only to himself. The customer is obliged to ensure that his login and password remain confidential, and in particular, he must not disclose them to unauthorized persons.
5. In order to register a Customer Account, the Customer should:
a. complete the registration form in the Online Store;
b. complete all form fields marked with an asterisk as mandatory;
c. accept the Regulations.
6. The data entered into the registration form when registering the Customer Account should relate to the Customer and should be true.
7. During the registration of the Customer Account, a confirmation of registration of the Customer Account in the Online Store will be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer Account. At this moment, an agreement for the electronic provision of the Customer Account service is concluded, and the Customer is given the opportunity to access the Customer Account and make changes to the data provided during registration.
8. The Seller may refuse to accept the registration of the Customer Account and the conclusion of the contract for the provision of electronic services for important reasons.
§5 ORDERS AND THEIR IMPLEMENTATION
1. Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
2. The Customer may place an Order after logging in to the Customer Account by providing the data indicated in the electronic Order form necessary for the execution of the Order.
3. In order to place an Order via the Online Store, the Customer adds selected Goods to the basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and undertakes other technical activities based on the messages displayed to the Customer, including indicating the method of delivery and payment method. Then the Customer places an Order by sending an electronic Order form to the Seller, selecting the "Order with obligation to pay" button (or its equivalent) on the Online Store website. In order to place an Order, it is necessary to accept the provisions of the Regulations by the Customer. In the summary of the Order, before sending it to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Good, the cost of delivery, as well as all additional costs charged to him in connection with the Order.
4. Sending the Order by the Customer constitutes submitting to the Seller an offer to conclude a Sales Agreement for the Goods being the subject of the Order.
5. After placing the Order, the Seller sends information about the acceptance of the Order for execution to the Electronic Address provided by the Customer. This information is the Seller's declaration of acceptance of the offer, which is tantamount to the conclusion of the Sales Agreement by the Parties.
6. Binding and final is the Price given in the basket at the time of placing the Order by the Customer.
7. For the Order placed in the Online Store, the Customer may pay in advance by traditional transfer to the Seller's payment account (Bank Name: Santander Bank Polska S.A., IBAN: PL83 1090 1014 0000 0001 3237 3563, SWIFT: WBKPPLPP) or by means of card payments via electronic payment operators.
8. The operator providing online payment services is PayU.
9. Available card payment methods:
* Visa Electron
* MasterCard Electronic
10. The Seller refunds the payment using the same method of payment as used by the consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
11. The time of order fulfillment is counted from the moment of obtaining positive payment authorization.
12. When making a payment, the customer will be informed about its amount immediately before making it, as well as about the available payment methods and the details of the payment operator. Detailed regulations for making payments through operators performing electronic payments are available on the website of a given operator.
13. In order to make a payment via the electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which he will be redirected from the Online Store, and immediately pay for the placed Order.
14. The Customer declares that he agrees to the Service Provider's use and transfer of electronic invoices that do not require signatures of the parties in pdf format by sending them to the Electronic Address indicated by the Customer. The Seller provides the Customer with an electronic invoice immediately after receiving the payment for the Order.
15. When collecting the shipment with the Goods, the Customer should check its condition, and in the event of damage or tampering with the packaging, it is recommended that the Customer draw up a damage report in the presence of the person issuing the Goods. The Customer should immediately send a damage report to the Seller along with a possible complaint.
16. The Seller reserves the maximum Order completion time of 30 days. After the ineffective expiry of this period, the Customer may cancel the Order by sending a statement of cancellation of the Order to the Seller. In this case, the Seller immediately returns to the Customer who is a Consumer all payments made by him, including any costs of delivering the Goods.
§6 TERMINATION AND EXPIRY OF THE AGREEMENT FOR THE PROVISION OF SERVICES
1. This chapter does not apply to Sales Agreements, but applies only to contracts for the electronic provision of Customer Account services.
2. The contract for the provision of electronic services may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the contract by sending the Customer a message to the Electronic Address indicated by the Customer in the Customer Account.
3. The seller has the right to terminate the contract for the provision of electronic services at any time for important reasons with a 14-day notice period. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the Electronic Address indicated by the Customer in the Customer Account.
4. The contract for the provision of electronic services expires in the event of:
a. Death or liquidation of the Client;
b. Liquidation of the Seller or cessation of the Seller's business activity.
§7 PROTECTION OF PERSONAL DATA
1. The Seller as the Personal Data Administrator makes every effort to ensure all possible means of physical, technical and organizational protection of Personal Data against their accidental or intentional destruction, accidental loss, change, unauthorized disclosure, use or access, in accordance with all applicable laws, including GDPR.
1. The Customer is obliged to use the Online Store in accordance with its intended purpose and refrain from any activity that could interfere with its proper functioning.
2. The Customer is prohibited from introducing illegal content to the Online Store. The Customer bears full responsibility for the correctness, scope, completeness, content and compliance with the law of the data entered and stored in the Customer Account.
3. To the extent permitted by law, the Seller shall not be liable for:
a. blocking by the administrators of mail servers that handle the Customer's e-mails, the Seller's messages sent to the Customer's E-mail Address and for deleting and blocking e-mails sent by the Seller by software installed on the computer hardware used by the Customer;
b. incorrect operation of the Online Store resulting from the fact that the Customer's computer hardware, software or Internet access do not meet the technical requirements set out in the Regulations;
c. the consequences of providing incorrect or untrue customer data by the Customer when registering the Customer Account or placing an Order.
4. The Online Store may contain links to other websites. The seller is not responsible for the content, form and correctness of the information contained in these links. Browsing the content of links is at the Customer's own risk.
5. The Seller reserves the right to place advertising content in any part of the Online Store in the forms used on the Internet. The Seller is not responsible for the advertising content posted in the Online Store and for the claims of third parties resulting from it.
§ 9 WITHDRAWAL FROM THE SALES AGREEMENT
1. The consumer is entitled to withdraw from the concluded Sales Agreement, without giving any reason, within 14 days from the date of receipt of the Order. This period begins to run:
a. from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier,
b. if the Sales Agreement covers many Goods that are delivered separately, in batches or in parts - from taking possession of the last Good, batch or part
c. in the case of the Sales Agreement consists in regular delivery of items for a definite period of time - from taking possession of the first item;
d. for other cases - from the date of conclusion of the Sales Agreement.
2. In order to meet the deadline to withdraw from the Sales Agreement, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
3. In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a statement of withdrawal, preferably to the E-mail Address email@example.com. If the Consumer takes advantage of this option, the Seller shall immediately send the Consumer a confirmation of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail).
4. The statement of withdrawal from the Sales Agreement may be formulated by the Consumer as follows (however, the following formula is not obligatory):
Declaration of withdrawal from the Sales Agreement
Seller's name: TEGRA RAFAŁ HOŁUBEK
Seller's address: ALEJA FRYDERYKA CHOPINA 49A, 05-092 ŁOMIANKI DOLNE
Seller's e-mail address: firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Name and Surname of the Consumer(s): _____________________________________________
Address of the Consumer(s): _______________________________________
Signature of the Consumer(s) (only in the case of paper statements): _______________________
(*) delete as appropriate
5. In the event of withdrawal from the Sales Agreement, the agreement is considered void.
6. The Seller will return to the Consumer all payments received related to the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, while in the scope of reimbursement of delivery costs, the Seller is obliged to reimburse only the cost of the usual, cheapest method of delivery of the Order, offered by the Seller. Direct costs related to the return of the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, shall be borne by the Consumer.
7. The Seller will refund the payments received from the Consumer, including the Price of the Goods and the cost of delivery immediately, but not later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement sent by the Consumer, subject to section 8 below. The payment will be returned via the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
8. A consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send back the Goods before its expiry. The returned Goods should remain in a condition not exceeding what is necessary to establish the nature of the Goods, their characteristics and functioning. The Seller may withhold the reimbursement of the payment for the Goods until receipt of the item or until the Seller provides proof of its return, depending on which event occurs first.
9. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to Sales Agreements:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
b. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
c. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
d. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
e. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
f. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
g. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
10. The Consumer's rights referred to in this § 9 are also vested in the Customer who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
§10 GOODS DEFECTS. COMPLAINTS.
1. The Seller is obliged to provide the Customer with Goods free from defects.
2. The Seller is liable to the Customer, on the basis of a warranty, for physical or legal defects of the Goods purchased by that Customer. In the case of sales that do not constitute consumer sales, the provisions contained in articles 556-576 of the Civil Code are excluded, taking into account art. 556 4 and 556 5 of the Civil Code.
3. The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is also granted to the Customer who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it 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 the provisions on Central Register and Information on Economic Activity.
4. The Customer may submit complaints and information related to non-performance or improper performance of the Sales Agreement by the Seller, including defects in the Goods, or the provision of electronic services specified in the Regulations in any form, including the Online Complaints Form or directly to the Seller's Electronic Address email@example.com.
5. It should contain:
a. Data of the complainant (name and surname/name and address of the Customer, Electronic Address);
b. Description of the event being the basis for the complaint;
c. Customer expectations as to how to satisfy the complaint request;
d. Proof of purchase, if the complaint concerns the ordered Goods.
6. In the case of complaints regarding defects in the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the cost of delivery is covered by the Seller.
7. Within 14 (fourteen) calendar days of receiving a complete complaint notification, the Seller will respond to the Customer's complaint and notify him of further actions related to the considered complaint.
8. If the complaint is considered in favor of the Customer, the costs of replacing or repairing the Goods shall be borne by the Seller.
9. The customer will receive information on how to handle the complaint by e-mail to the e-mail address provided in the complaint.
§11 FINAL PROVISIONS
1. These Regulations come into force on 26 April 2023.
2. The Seller reserves the right to unilaterally amend the provisions of the Regulations, without the need to justify the reasons for such a change, and at the same time undertakes to inform the Customer about each change of the Regulations by placing a uniform text of the Regulations on the link to the Regulations of the store. Amendments to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations come into force - such orders are carried out in accordance with the provisions of the Regulations in force on the date of placing the order.
3. Changes made to the Regulations come into force after 7 days from the moment of making their content available on the website Link to the Regulations of the store . If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract for the provision of the Customer Account service in accordance with the provisions of §6 of the Regulations.
4. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964. Civil Code ( i.e. Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
5. Any disputes arising from the performance of the Sales Agreement, the Parties will try to resolve amicably. In the absence of an agreement between the Parties who are entrepreneurs as to the amicable settlement of the dispute within 60 days from the date of filing the claim, the competent court for the final settlement of the dispute will be the court competent for the seat of the Seller.
6. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. These include in particular:
a. permanent, amicable consumer court operating at the Trade Inspection
b. mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller, which is conducted before the provincial inspector of the Trade Inspection;
c. assistance in resolving the dispute between the Customer and the Seller provided by the competent poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
d. platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/