Terms and conditions
TERMS AND CONDITIONS OF THE ONLINE STORE TIGNUM.PL
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF ENTERING INTO A SALES AGREEMENT
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- COST, METHODS, AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT CONSIDERATION PROCEDURE
- OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE AGREEMENT
- PROVISIONS FOR ENTREPRENEURS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- SAMPLE FORM OF WITHDRAWAL FROM THE AGREEMENT
This Online Store Terms and Conditions have been prepared by lawyers from Prokonsumencki.pl. The Online Store at www.tignum.pl cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them by mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency of the provisions of these Terms and Conditions with the above regulations, these regulations have priority and should be applied.
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GENERAL PROVISIONS 1.1. The Online Store available at the internet address www.tignum.pl is operated by “TIGNUM” LIMITED LIABILITY COMPANY based in Pabianice (headquarters address and address for service: Słonecznikowa 22, 95-200 Pabianice); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000108460; the registry court where the company's documentation is stored: District Court for Łódź-Śródmieście in Łódź, Commercial Court, XX Commercial Division of the National Court Register; share capital: PLN 121,000; Tax Identification Number (NIP): 8310004628; National Business Registry Number (REGON): 005273487, email address: sklep@tignum.com.pl, contact phone number: 42 213 97 38, and fax number: 42 226 30 39. 1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise. 1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, with the exception of exceptions indicated in the privacy policy (conclusion of the agreement and legal obligations of the Seller). 1.4. Definitions: 1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays. 1.4.2. REGISTRATION FORM – a form available in the Online Store that allows creating an Account. 1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment. 1.4.4. CLIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has entered into or intends to enter into a Sales Agreement with the Seller. 1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended). 1.4.6. ACCOUNT – Electronic Service, a collection of resources in the service provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected. 1.4.7. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Client and the Seller. 1.4.8. TERMS AND CONDITIONS – these terms and conditions of the Online Store. 1.4.9. ONLINE STORE – the Seller's online store available at the internet address: www.tignum.pl. 1.4.10. SELLER; SERVICE PROVIDER – “TIGNUM” LIMITED LIABILITY COMPANY based in Pabianice (headquarters address and address for service: Słonecznikowa 22, 95-200 Pabianice); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000108460; the registry court where the company's documentation is stored: District Court for Łódź-Śródmieście in Łódź, Commercial Court, XX Commercial Division of the National Court Register; share capital: PLN 121,000; Tax Identification Number (NIP): 8310004628; National Business Registry Number (REGON): 005273487, email address: sklep@tignum.com.pl, contact phone number: 42 213 97 38, and fax number: 42 226 30 39. 1.4.11. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Client and the Seller via the Online Store. 1.4.12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store. 1.4.13. SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use an Electronic Service. 1.4.14. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended). 1.4.15. ORDER – Client's declaration of intent submitted via the Order Form and aiming directly at the conclusion of a Product Sales Agreement with the Seller. 1.4.16. DURABLE MEDIUM – material or tool enabling the Consumer or entrepreneur to store information addressed personally to them in a way that allows for future reference for a period of time appropriate for the purposes of the information and which allows the unchanged reproduction of the stored information (e.g., paper, email).
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ELECTRONIC SERVICES IN THE ONLINE STORE 2.1. The following Electronic Services are available in the Online Store: Account, Order Form. 2.2. Account – using the Account is possible after completing a total of three subsequent steps by the Service Recipient – (1) filling out the Registration Form, (2) clicking the “Create an account” field, and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the provided email address. In the Registration Form, it is necessary for the Service Recipient to provide the following data: first name and surname / company name, address (street, house number / or house and apartment number, postal code, city, country), email address, contact phone number, and password. In the case of non-consumer Service Recipients, it is also necessary to provide the company name and Tax Identification Number (NIP). 2.3. Order Form – using the Order Form begins when the first Product is added to the electronic basket in the Online Store. Placing an Order takes place after completing two subsequent steps – (1) after filling out the Order Form and (2) clicking on the Online Store website after filling out the Order Form field “Order and pay” – up to this moment, it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Service Recipient to provide the following data about the Service Recipient or another person for whom the Order is placed: first name and surname / company name, address (street, house number / or house and apartment number, postal code, city, country), email address, contact phone number and data regarding the Sales Agreement: Product(s), the quantity of the Product(s), place and method of delivery of the Product(s), method of payment. In the case of non-consumer Service Recipients, it is also necessary to provide the company name and Tax Identification Number (NIP). 2.4. Technical requirements necessary for cooperation with the IT system used by the Service Provider: 2.4.1. Computer, laptop, or another multimedia device with Internet access. 2.4.2. Access to electronic mail. 2.4.3. Web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher. 2.4.4. Recommended screen resolution: 1024x768. 2.4.5. Enabling cookies and Javascript support in the web browser. 2.5. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners with respect for personal rights and intellectual property rights of third parties. 2.6. The Service Recipient is obliged to enter data consistent with the actual state of affairs. 2.7. The Service Recipient is prohibited from providing illegal content. 2.8. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint consideration procedure, which is indicated in point 6 of the Terms and Conditions) can be submitted by the Service Recipient, for example: 2.8.1. in writing to the following address: Słonecznikowa 22, 95-200 Pabianice; 2.8.2. in electronic form via email to the following address: sklep@tignum.com.pl. 2.9. It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities; (2) the Service Recipient's request; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the previous sentence are in the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. 2.10. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. TERMS OF THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product displayed on the Online Store's page is given in Polish zlotys and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including transport, delivery, and postal service fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store's pages during the placement of the Order, including at the moment of the Client's expression of the intention to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client a relevant email to the email address provided during the Order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. At the moment of receiving the above-mentioned email by the Client, the Sales Agreement between the Client and the Seller is concluded.
3.4. The recording, securing, and making available to the Client the content of the concluded Sales Agreement takes place through (1) making available these Regulations on the Online Store's page and (2) sending to the Client the email mentioned in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's computer system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery payment upon parcel collection.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.2. For Orders of Products marked as "made to order", a deposit of 10% of the order value is required to be paid within 7 calendar days from the date of concluding the Sales Agreement by bank transfer to the Seller's bank account, regardless of the chosen payment method. The Client makes the remaining payment according to the choice of cash on delivery upon parcel collection, cash upon personal collection, or bank transfer to the Seller's bank account no later than 7 calendar days before the planned delivery of the Product.
4.3. Payment deadline:
4.3.1. In case the Client chooses payment by bank transfer, the Client is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.3.2. In case the Client chooses cash on delivery payment upon parcel collection or cash payment upon personal collection, the Client is obliged to make the payment upon parcel collection.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Client is chargeable unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery, and postal service fees) are indicated to the Client on the Online Store's pages in the information section regarding delivery costs and during the Order placement, including at the moment of the Client's expression of the intention to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller provides the Client with the following methods of delivery or collection of the Product:
5.4.1. Postal shipment, cash on delivery postal shipment.
5.4.2. Courier shipment, cash on delivery courier shipment.
5.4.3. Pallet shipment.
5.4.4. Personal collection available at the address: Słonecznikowa 22, 95-200 Pabianice – on Business Days, from 06:00 to 15:00.
5.5. The delivery time of the Product to the Client is up to 90 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 90 Business Days. The start of the delivery time of the Product to the Client is counted in the following way:
5.5.1. In case the Client chooses payment by bank transfer – from the day the Seller's bank account or settlement account is credited.
5.5.2. In case the Client chooses payment by cash on delivery – from the day of concluding the Sales Agreement.
5.6. The deadline for the Product's readiness for collection by the Client – in case the Client chooses personal collection of the Product, the Product will be ready for collection by the Client within 90 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement. In the case of Products with different readiness times for collection, the readiness time for collection is the longest specified period, which, however, cannot exceed 90 Business Days. The Client will be additionally informed by the Seller about the readiness of the Product for collection.
The start of the Product's readiness time for collection by the Client is counted in the following way:
5.6.1. In case the Client chooses payment by bank transfer – from the day the Seller's bank account or settlement account is credited.
5.6.2. In case the Client chooses payment by cash upon personal collection – from the day of concluding the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
6.1. This section 6 of the Terms and Conditions defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are determined by generally applicable legal provisions, in particular in the Civil Code, the Act on Consumer Rights, and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended).
6.2.1. Detailed provisions concerning the complaint of the Product - movable property - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, are determined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556-576 of the Civil Code.
These provisions specifically define the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product without defects to the Customer. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning the complaint of the Product - movable property (including movable property with digital elements), excluding however movable property that serves exclusively as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are determined by the provisions of the Act on Consumer Rights in the wording in force from January 1, 2023, in particular art. 43a – 43g of the Act on Consumer Rights. These provisions specifically define the basis and scope of the Seller's liability towards the consumer, in case of non-compliance of the Product with the Sales Agreement.
6.2.3. Detailed provisions concerning the complaint of the Product - digital content or service or movable property, which serves exclusively as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, or before that day, if the delivery of such Product was to take place or took place after that day, are determined by the provisions of the Act on Consumer Rights in the wording in force from January 1, 2023, in particular art. 43h – 43q of the Act on Consumer Rights. These provisions specifically define the basis and scope of the Seller's liability towards the consumer, in case of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted for example:
6.3.1. in writing to the address: Słonecznikowa 22, 95-200 Pabianice;
6.3.2. electronically via email to the address: sklep@tignum.com.pl.
6.4. Sending or returning the Product as part of a complaint may occur to the address: Słonecznikowa 22, 95-200 Pabianice.
6.5. It is recommended to specify in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities or non-compliance with the agreement; (2) a request for a method to bring into compliance with the agreement or a statement of price reduction or withdrawal from the agreement or other claim; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In case of change of the contact details provided by the complainant during the handling of the complaint, they are obliged to notify the Seller.
6.7. To the complaint, the complainant may attach evidence (e.g., photos, documents, or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if it will facilitate and speed up the handling of the complaint by the Seller.
6.8. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
7. ALTERNATIVE DISPUTE RESOLUTION AND CLAIM ENFORCEMENT METHODS, AND RULES FOR ACCESSING THESE PROCEDURES
7.1. Detailed information on the possibility for the consumer to use alternative dispute resolution methods and claim enforcement, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at:
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. At the Office of Competition and Consumer Protection, there is also a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), which among other things, assists consumers in matters related to alternative consumer dispute resolution.
7.3. The consumer has the following example options for using alternative dispute resolution and claim enforcement methods: (1) an application for dispute resolution to the permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for alternative dispute resolution to the provincial inspector of the Trade Inspection (more information on the inspector’s website relevant due to the place of business activity by the Seller); and (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided among others by email at porady@dlakonsumentow.pl and by the consumer helpline 801 440 220 (helpline is active on Working Days, from 8:00-18:00, the call charge according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr, an online dispute resolution platform is available for consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking alternative dispute resolution concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform's website or at the Office of Competition and Consumer Protection website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT 8.1. A consumer who has entered into a distance contract may withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions, within 14 calendar days. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract can be submitted, for example: 8.1.1. in writing to the address: Słonecznikowa 22, 95-200 Pabianice; 8.1.2. in electronic form via email to: sklep@tignum.com.pl. 8.2. The return of the Product – movable goods (including movable goods with digital elements) as part of withdrawal from the contract can be made to the address: Słonecznikowa 22, 95-200 Pabianice. 8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and additionally available in point 12 of the Terms and Conditions. The consumer may use the template form, but it is not obligatory. 8.4. The period for withdrawal from the contract begins: 8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch, or part or (2) consists of regular delivery of Products for a specified period – from taking possession of the first of the Products; 8.4.2. for other contracts – from the day of entering into the contract. 8.5. In the event of withdrawal from a distance contract, the contract is considered as not concluded. 8.6. Products – movable goods, including movable goods with digital elements: 8.6.1. The Seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivering the Product – movable goods, including movable goods with digital elements (except for additional costs resulting from the consumer's choice of a method of delivery other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall make the refund 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 them. In the case of Products – movable goods (including movable goods with digital elements) – if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever event occurs first. 8.6.2. In the case of Products – movable goods (including movable goods with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the day they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry. 8.6.3. The consumer is responsible for the reduction in value of the Product – movable goods (including movable goods with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. 8.7. Products – digital content or digital services: 8.7.1. In the case of withdrawal from a contract for the provision of a Product – digital content or digital service – the Seller, from the day of receiving the consumer's statement of withdrawal from the contract, may not use content other than personal data provided or created by the consumer while using the Product – digital content or digital service – provided by the Seller, except for content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity while using the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can only be separated at disproportionate effort; (4) was created by the consumer together with other consumers who can still use it. Except for the cases mentioned above in points (1)–(3), the Seller, at the consumer's request, provides them with content other than personal data that was provided or created by the consumer while using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights mentioned in point (4). 8.7.2. The Seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, refund all payments made by the consumer. The Seller shall make the refund 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 them. 8.8. If the consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the consumer. 8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts: 8.9.1. for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller, they will lose the right to withdraw from the contract; 8.9.2. in which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control and that may occur before the expiry of the deadline for withdrawal from the contract; 8.9.3. in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individual needs; 8.9.4. in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; 8.9.5. in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package has been opened after delivery; 8.9.6. in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other items; 8.9.7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and their delivery can only take place after 30 days, and their value depends on fluctuations in the market over which the Seller has no control; 8.9.8. in which the consumer expressly demanded that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those which the consumer demanded, or supplies Products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to additional services or Products; 8.9.9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery; 8.9.10. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; 8.9.11. concluded through a public auction; 8.9.12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies a day or period of service provision; 8.9.13. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the expiry of the deadline for withdrawal from the contract and after the Seller has informed them about the loss of the right to withdraw from the contract. 8.10. The provisions of this point 8 do not apply to entities that are not consumers.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This point 9 of the Terms and Conditions and all provisions contained therein are directed and thus binding exclusively on a Customer or Service Recipient who is not a consumer, and from January 1, 2021, also not a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed based on the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending an appropriate statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and the costs of delivery under the Sales Agreement, but not more than one thousand złotys. The monetary limit mentioned in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the case of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not responsible for delays in the shipment's transport.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court competent for the Seller/Service Provider's seat.
9.7. The Seller's liability under the warranty for the Product or the Product's non-compliance with the Sales Agreement is excluded.
9.8. The Seller will address the complaint within 30 calendar days from the date of its receipt.
10. REVIEWS OF PRODUCTS
10.1. The Seller enables its Customers to post and access reviews about the Products and the Online Store under the terms indicated in this point of the Terms and Conditions.
10.2. Posting a review by a Customer is possible after using the form enabling the addition of a review about the Product or the Online Store. This form may be made available directly on the Online Store’s website (including via an external widget) or may be provided via an individual link received by the Customer after purchase to the email address provided by them. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product - if such an option is available in the review form.
10.3. A review of a Product can only be posted for products actually purchased in the Seller's Online Store and by a Customer who made the purchase of the reviewed Product. It is forbidden to enter into fictitious or apparent Sales Agreements in order to post a review of a Product. A review of the Online Store can be posted by a person who is a Customer of the Online Store.
10.4. Posting reviews by Customers cannot be used for unlawful activities, in particular activities constituting unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. The Customer adding a review is obliged to act in accordance with the law, these Terms and Conditions, and good manners.
10.5. Reviews may be made available directly on the Online Store's website (e.g. next to a given Product) or in an external review-collecting service with which the Seller cooperates and to which it refers on the Online Store’s website (including via an external widget placed on the Online Store’s website).
10.6. The Seller ensures that published reviews about Products come from its Customers who purchased the given Product. To this end, the Seller takes the following actions to verify whether the reviews come from its Customers:
10.6.1. Publishing a review submitted using a form available directly on the Online Store’s website requires prior verification by the Service Provider. Verification involves checking the conformity of the review with the Terms and Conditions, in particular checking whether the reviewing person is a Customer of the Online Store - in this case, the Seller checks whether this person made a purchase in the Online Store, and in the case of a review of a Product, additionally checks whether they purchased the reviewed Product. Verification occurs without undue delay.
10.6.2. The Seller sends its Customers (including via an external review-collecting service with which it cooperates) an individual link to the email address provided by them at the time of purchase - in this way, only the Customer who made the purchase of the Product in the Online Store has access to the review form.
10.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a certain review comes from a Customer or whether a certain Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or made the purchase of the reviewed Product.
10.7. Any remarks, appeals from the review verification, or objections whether a certain review comes from a Customer or whether a certain Customer purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
10.8. The Seller does not post or commission another person to post false reviews or recommendations of Customers and does not distort reviews or recommendations of Customers to promote its Products. The Seller makes available both positive and negative opinions. The Seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Changes to the Terms and Conditions:
11.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2. In the case of concluding continuous contracts based on these Terms and Conditions (e.g., provision of Electronic Service – Account), the amended Terms and Conditions bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, namely the Service Recipient has been properly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the case where the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current ones, the Service Recipient has the right to withdraw from the contract.
11.2.3. In the case of concluding contracts of a nature other than continuous contracts based on these Terms and Conditions (e.g., Sales Agreement), changes to the Terms and Conditions will in no way violate the rights acquired by Service Recipients/Customers before the date of the changes to the Terms and Conditions coming into effect. In particular, changes to the Terms and Conditions will not affect orders already placed or submitted and concluded, implemented, or executed Sales Agreements.
11.3. In matters not regulated in these Terms and Conditions, the universally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form (this form should be filled out and returned only if you wish to withdraw from the contract)
– Addressee:
"TIGNUM" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Słonecznikowa 22, 95-200 Pabianice
tignum.pl
sklep@tignum.com.pl
– I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following goods(*) contract for the delivery of the following goods(*) contract for work involving the making of the following goods(*)/for the provision of the following service(*)
– Date of contract conclusion(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper version)
– Date
(*) Delete where not applicable.