Regulations for using the www.tamo.design store
valid from 02/01/2020
The shop available at the internet address www.tamo.design (hereinafter referred to as the online shop) is run by "TAMO Marcin Laskowski", ul. Polska 7, 81-359 Gdynia) entered into the Business Activity Register kept by the Mayor of Gdynia under number 3920, NIP 584 254 08 63, REGON 220366854; e-mail address: firstname.lastname@example.org
PROVISION OF SERVICES BY ELECTRONIC MEANS
1. Terms of providing services by electronic means.
2. Technical requirements for cooperation with the ICT system used by the Seller.
3. Methods and technical means for correcting and detecting errors in the entered data.
4. Terms of termination of the contract for the provision of electronic services.
5. Complaints regarding the provision of electronic services.
1. Terms of concluding a sales contract.
2. Delivery methods.
3. Payment methods.
4. Right to withdraw from the contract.
5. Warranty - Consumers.
6. Modifications of the Seller's liability in terms of sales to the Entrepreneur.
1. Personal data.
3. Final Provisions.
• REGULATIONS - these regulations covering the conditions of using the www.tamo.design Online Store as part of the provision of electronic services and the general terms and conditions of sale between the Customer and the Seller running the Online Store.
• STORE - Seller's online store available at www.tamo.design. The online store sells wooden furniture.
• SELLER - via "TAMO Marcin Laskowski", ul. Polska 7, 81-359 Gdynia) entered into the Business Activity Register kept by the Mayor of Gdynia under the number 3920, NIP 584 254 08 63, REGON 22036685.
• CUSTOMER - an entity for which services may be provided electronically or who intends to conclude or terminate a Sales Agreement with the Seller.
• CONSUMER - pursuant to art. 221 of the Act of April 23, 1964 Civil Code - a natural person performing a legal act not directly related to its business or professional activity.
• CUSTOMER ACCOUNT - marked with an individual name (login) and password provided by the Customer, a record containing the Customer's data used, among others, to to supervise the orders placed, billing data and preferences regarding selected functionalities of the Store.
• REGISTRATION FORM - a form available in the Online Store that allows you to create a Customer Account.
• REGISTRATION FORM FOR NEWSTETTER - a form available in the Online Store www.tamo.design that allows you to subscribe to the newsletter provided by the Seller.
• ORDER FORM - a form available in the Online Store www.tamo.design that allows you to place an Order.
• ENTREPRENEUR - pursuant to art. 4 of the Act of March 6, 2018 Entrepreneurs' Law - An entrepreneur is a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity.
• SALES AGREEMENT - means a distance sales contract, on the terms set out in the Regulations and applicable law, between the Customer and the Seller.
• SUBMISSION OF AN ORDER - the Customer submits an offer to the Seller to conclude a contract for the sale of the Goods being the subject of the order, specifying in particular the type and number of the Goods. The order may be placed after accepting these Regulations.
• CONCLUSION OF A SALES AGREEMENT - a declaration of intent constituting the conclusion of a contract for the sale of Goods between the Customer and the Seller, specifying in particular the price, type and quantity of the Goods. The sales contract is concluded by the Seller confirming receipt of the Order and sending an e-mail with an indication that the Order has been accepted for execution (i.e. acceptance of the offer submitted by the Customer).
SERVICES PROVIDED ELECTRONICALLY
1. TERMS OF PROVIDING SERVICES BY ELECTRONIC MEANS
2. The provision of electronic services by the Seller is free, voluntary and available 7 days a week, 24 hours a day.
3. The contract for the provision of electronic services is concluded for an indefinite period and consists of:
4. maintaining an account in the Online Store;
5. sending the company Newsletter;
6. The contract for the provision of electronic services is one-off and expires when individual activities are performed using the form. Activities may consist of:
7. providing the process of placing an Order in the Online Store;
8. The Seller reserves the right to temporarily or permanently suspend the provision of individual services provided electronically.
10. In order to set up an Account in the Online Store, the Customer must register via the Registration Form available on the Online Store website www.tamo.design or when placing an Order. In order to register an Account, it is necessary to provide basic contact details and an e-mail address, the lack of them results in refusal to provide electronic services. After confirming the Registration Form, the Customer is informed about the creation of an account to the e-mail address indicated by him, at which point his Account will be created. This moment constitutes the conclusion of a contract for the provision of electronic services consisting in maintaining an Account in the online store www.tamo.design. Setting up and using the Account is optional, voluntary and free of charge.
11. For customers with whom an agreement for the provision of electronic services has been concluded consisting in maintaining an Account in the Online Store, the Seller may sell goods under various sales campaigns limited in time and quantity. Both the amount of available goods and the duration are given individually for each campaign.
12. The newsletter service consists in sending by the Seller, to the Customer's e-mail address, a message containing information about the Seller's Goods or services. The newsletter is sent only to customers who have voluntarily subscribed. An agreement for the provision of electronic services consisting in sending a newsletter may be concluded by any Customer who enters his or her e-mail address in the newsletter registration form available on the website of the Online Store www.tamo.design. In addition to the obligations referred to in par. I point 5 of the Regulations, the conclusion of the contract in the above scope is conditioned by the Customer's consent to provide him with the newsletter. Acceptance is made by ticking the appropriate check-box placed when making a subscription or by taking another equivalent action by the Customer demonstrating the willingness to subscribe to the newsletter. At the moment of subscribing to the newsletter by the Customer, an agreement for the provision of electronic services consisting in sending the newsletter is concluded. The customer may unsubscribe from the newsletter at any time by unsubscribing via the link contained in each message containing the newsletter or by e-mail contact at email@example.com
13. Agreement for the provision of electronic services consisting in enabling the submission of an Order in the online store www.tamo.design by completing the Order Form. After selecting the Goods and adding them to the "basket", the Customer proceeds to place the Order. The customer is redirected to the subpage of the Online Store on which the Order Form is located. The Customer may place an Order accordingly - by logging into the Customer Account, place an Order without a Customer Account, set up a Customer Account in the course of placing the order. The Order Form should be completed with contact details and an e-mail address. When placing an order by a Customer who has an Account in the Online Store, the Order Form will be automatically completed with the data provided when registering the Account. After approval of the Order Form, the Customer is informed about the acceptance of the order for execution to the e-mail address provided by him, at which point an agreement for the provision of electronic services is concluded, consisting in enabling the submission of an Order in the Online Store. At the same time, placing an Order constitutes submitting an offer to the Seller by the Customer to conclude a contract for the sale of the Goods being the subject of the order.
14. The Seller is entitled to block the Customer's access to services provided electronically, if the Customer acts to the detriment of the Seller or other Customers, violates the Seller's good name, violates the good image of the www.tamo.design Online Store brand, violates the law or the provisions of the Regulations, and also when blocking access to services provided electronically is justified by security reasons.
15. In the event that the Customer or another third party considers that the content published on the website of the Online Store www.tamo.design violates their rights, decency, personal rights, morality, beliefs, feelings, principles of fair competition, know-how, secret commercial law, it shall immediately notify the Seller of a potential breach. The Seller, notified of a potential infringement, takes immediate action to remove the content causing the infringement from the www.tamo.design Online Store website.
16. TECHNICAL REQUIREMENTS NECESSARY FOR COOPERATION
WITH THE ICT SYSTEM USED BY THE SELLER
17. The Seller will make every effort to ensure that the use of the www.tamo.design Online Store is possible with the use of all popular web browsers, operating systems (including mobile) and regardless of the method of Internet connection.
18. In order to set up an Account and place an Order in the online store www.tamo.design and to use other services provided electronically by the Seller, it is necessary for the Customer to have an active e-mail account.
III. METHODS AND TECHNICAL MEANS FOR DETECTION
AND CORRECTING ERRORS IN ENTERED DATA
1. When placing an Order, until the "Order and pay" button is pressed, the Customer has the option of modifying the entered data and modifying the selected Goods. Verification, error removal or correction of the Order can also be made by sending an e-mail to the Seller at firstname.lastname@example.org, or by phone at (+48) 575 661 778.
2. After placing the Order, a confirmation of receipt of the Order along with a summary of the Order will be sent to the e-mail address provided in the Order. In the event of an intention to correct the error, the Customer has the right to correct the Order within 24 hours from the moment of its submission.
3. TERMS OF TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS.
4. A contract for the provision of electronic services consisting in maintaining an Account in the Online Store and sending a newsletter, which are indefinite contracts of a continuous nature, may be terminated. The customer may terminate the contract by resignation made available through the customer account or contained in the content of the newsletter or by sending a relevant statement to the e-mail address of the Seller: email@example.com
5. The Seller may terminate the contract for the provision of electronic services for an indefinite period of a continuous nature in the event that the Customer provides content that is unlawful or violates decency or the provisions of these Regulations with immediate effect.
6. TERMS OF TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
CONSISTING IN KEEPING AN ACCOUNT IN THE ONLINE STORE
7. The Seller takes actions necessary for the correct and fully correct operation of the tamo.design Online Store to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by Customers. Complaints related to the provision of electronic services via the Online Store www.tamo.design may be submitted by the Customer by sending an e-mail to the e-mail address firstname.lastname@example.org or by phone at (+48) 575 661 778.
8. The Seller will respond to the complaint immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer.
1. CONDITIONS OF CONCLUDING THE SALES AGREEMENT.
2. All information about the goods provided on the website of the Online Store www.tamo.design does not constitute an offer within the meaning of art. 66 of the Act of April 23, 1964 Civil Code.
3. The prices of the Goods shown on the website of the Online Store www.tamo.design are given in Polish zlotys and include VAT.
4. The prices do not include shipping costs, which are shown when placing the Order and additionally confirmed in the order summary.
5. Orders can be placed via the Online Store www.tamo.design using the Order Form, as well as to the e-mail address: email@example.com
6. The Seller, after reading and accepting the content of the Order, confirms the receipt of the Order placed by the Customer. Confirmation of receipt takes place by sending an e-mail with an indication that the Order has been accepted for execution and has the status "Confirmed". The confirmation contains all the essential elements of the order (a list of Goods with an indication of their names, prices and Customer data).
7. As soon as the Customer receives an e-mail confirming the acceptance of the Order for execution, a Sales Agreement is concluded between the Customer and the Seller, which is valid until the performance of the services by each party - including the provisions and rules regarding withdrawal from the contract and liability for defects (warranty).
8. The validity period of the placed order is 7 days. If during this time the Customer does not collect the order, does not pay for it, does not receive a positive credit decision or the Store will not be able to contact the Customer to complete the order - the Store will cancel the order.
9. Ownership of the purchased Goods is transferred to the Customer when the entire transaction price is credited to the Seller's account (the price of the Goods together with any shipping costs and other services offered by the Seller under the ).
10. Entrepreneurs wishing to receive a VAT invoice for the order are required to provide data enabling its issuance, including in particular the NIP number. If the sale to the Entrepreneur is to be documented with a fiscal receipt, failure to provide the NIP number when placing the order will result in the inability to issue a VAT invoice to the Entrepreneur.
VII. METHODS OF DELIVERY
1. The delivery of the ordered Goods is carried out by a courier or transport company specialized in delivering parcels on the territory of Poland, personal collection is also possible. All shipments are carried out in the "door to door" mode, i.e. to the first architectural obstacle. Our terms and conditions for the provision of transport services are consistent with the general terms and conditions for the provision of transport services of the carriers we cooperate with. Detailed information on deliveries is available on the store's subpage www.tamo.design in the Delivery and Returns tab.
2. The Customer selects the delivery method when placing the Order.
3. Delivery costs are indicated when placing the Order. They depend on the type of goods and the method of delivery chosen by the Customer.
4. If the Customer chooses the method of payment by bank transfer or electronic payment, the order processing time is counted from the moment the payment is credited to the Seller's bank account.
5. If the Customer chooses the "cash on delivery" payment method, the order completion time is counted from the moment of concluding the sales contract in accordance with the terms of these Regulations until the moment of completing and sending the Goods.
6. The Seller reserves the right to disable or change individual forms of payment and delivery of goods.
7. The delivery time of the Goods depends on the method of delivery chosen by the Customer.
8. After delivering the shipment to the destination, the Customer is obliged to examine the condition of the shipment before collecting it from the carrier. If, before handing over the consignment, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish the condition of the consignment and the circumstances of the damage in a protocol. The carrier also performs these activities at the request of the addressee of the shipment (Client), if he finds that the shipment is damaged.
9. Based on the order placed, the seller may choose a carrier for the delivery at its own discretion.
The companies providing transport services for the Seller are: DPD PL, UPS, RABEN, Poczta Polska, Rohling SUUS, TNT, FEDEX, Schenker, Rhenus Logistics, AMBRO Express, JAS-FBG.
VIII. PAYMENT METHODS
1. The Seller provides the following payment methods:
2. payment on delivery on delivery;
3. payment by traditional bank transfer to the Seller's bank account: mbank, PL38114020040000350245481990
4. Electronic payments using payment intermediaries;
5. Payment by credit card: Visa, MasterCard.
The Seller stipulates that the above-mentioned forms of payment may be modified, periodically disabled or exchanged for others.
1. Complaints arising from non-performance or improper performance of payment processing should be addressed to the appropriate payment agent directly to the e-mail address (firstname.lastname@example.org), or by phone - in accordance with the regulations for the provision of electronic payment services of a given settlement agent.
2. If the Customer fails to make the payment within the time limit that will be indicated when placing the Order, the Seller may set an additional time limit for making the payment. The Seller may also withdraw from the Sales Agreement due to non-payment after the payment deadline. A declaration of withdrawal from the Sales Agreement on the basis of this will be sent to the Customer in the form of a document.
3. RIGHT TO WITHDRAW FROM THE CONTRACT
4. A consumer who has concluded a distance contract may withdraw from it without giving any reason by submitting a relevant statement within 50 days.
5. The deadline to withdraw from the Sales Agreement expires after 50 days from the date on which the Customer came into possession of the Goods or on which a third party other than the carrier came into possession of the Goods. However, when the contract concerns the provision of services, the deadline to withdraw from it expires after 50 days from the date of conclusion of the contract.
6. To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement to the e-mail address of the Seller email@example.com
7. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received, immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the decision to exercise the right to withdraw from this contract.
8. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agreed to a different solution.
9. The Seller stipulates that he may withhold payment until receipt of the Goods.
10. The consumer, notifying the willingness to return the goods, chooses the method and sets a convenient collection date. The purchased goods can be returned to the appropriate address provided by the seller using your own transport, incurring the full cost of return, or choose another paid service of collecting the goods by a carrier commissioned by TAMO.
11. If you choose to collect the goods by TAMO, we will present the total cost of collecting the goods, which must be paid by the Consumer in the event of a return. We do not cover the costs of packing and securing the goods for transport. This issue also remains with the consumer.
12. The right to withdraw from the contract by the Consumer is excluded if the subject of sale is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs, as well as in other cases indicated in art. 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws of June 24, 2014, as amended).
13. As an exception, the Seller may allow Customers who are not consumers to withdraw from the contract within a period not longer than 14 days from the date of receipt of the order. Before using this right, the Customer who is not a Consumer is obliged to contact the store (by phone or e-mail) to determine the conditions of withdrawal. If the Parties accept the terms of withdrawal, the Customer who is not a Consumer returns the item of sale, observing the following conditions:
14. the product should be returned in its original packaging or packaging allowing for safe transport of the goods;
15. the product should be complete, undamaged, without signs of use;
16. a set of sales documents should be attached to the product;
17. The product must be accompanied by a completed return form along with a statement of withdrawal from the contract and the order number must be written in a visible place.
18. If the received product has damages independent of the Customer, it is necessary to identify them and confirm them with a damage report written by the courier. This report should be written upon receipt (if the packaging of the shipment is damaged - apparent damage) or within the next 7 days from the date of receipt (if the packaging of the shipment is not damaged - concealed damage). At the same time, the customer should inform the store about this fact by e-mail (firstname.lastname@example.org), and attach the damage report to the documents related to the withdrawal.
19. The returned goods must be complete, must not bear traces of use and should have the original, undamaged manufacturer's packaging. The returned goods must be accompanied by the original sales document and the completed and signed return form. The buyer is obliged to properly secure the returned goods so as to prevent their damage in transport. If the delivered goods are incomplete or bear traces of use, going beyond the ordinary management of the item, the Seller reserves the right to claim damages from the Buyer, to the extent permitted by applicable law.
20. WARRANTY - CONSUMER
21. The Seller is obliged to provide the Consumer with an item free from physical or legal defects.
22. The Seller is responsible for the defect of the new goods if it is found within two years from the date of delivery of the Goods to the Consumer.
23. In terms of terms and rights of the Consumer and the Seller, the provisions on warranty apply (Article 556 - Article 576 of the Civil Code).
24. The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the Sales Agreement.
25. The consumer cannot exercise the right to withdraw from the contract under the warranty if the defect is insignificant.
26. Small differences in the external appearance of the Goods issued to the Consumer in comparison with the appearance of the Goods (also of the same type, brand and model) presented in graphic form in the www.tamo.design Online Store, which may result from other settings of the Consumer's monitor, do not constitute grounds for a complaint, lighting conditions, etc. factors related only to using the Internet to make purchases.
27. The notification of the defectiveness of the Goods should include: the name and surname of the Consumer, the type of non-conformity noticed along with a description of what it consists of, if possible a photo of the Goods complained about and a request to bring the goods to a state compliant with the contract. The notification should be made via the complaint form, available on ……………………………. or in writing to the Seller's address: "TAMO Marcin Laskowski", ul. Polska 7, 81-359 Gdynia.
28. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the address indicated by the Seller.
29. The Seller will respond to the Consumer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Consumer or in another way provided by the Consumer.
30. After considering the complaint (both positive and negative), the Seller sends the Goods directly to the Consumer at his own expense. If the Goods are not collected by the Consumer and are returned to the Seller's headquarters, the Seller contacts the Consumer by phone or to the e-mail address provided in the complaint, informing him about the possibility of personal Goods or the possibility of re-sending them at the Consumer's expense. The consumer has 30 days to collect the returned Goods or submit a statement of reshipment. After exceeding this period, the returned Goods are sent to the Seller's logistics facility, which is entitled to charge the Consumer with storage costs, and in the absence of storage space, to dispose of the Goods at the Consumer's cost and risk. In the case of disposal, the Seller returns the purchase price to the Consumer, deducting the cost of storage and disposal.
31. MODIFICATIONS TO THE SELLER'S LIABILITY IN THE SCOPE OF SALES TO AN ENTREPRENEUR.
32. Withdrawal from the contract by the Entrepreneur is possible only when the defect of the Good is significant and deprives the Good of its functionality. The Entrepreneur is obliged to examine the Goods immediately after receiving them.
33. In relation to Entrepreneurs, liability under the warranty for defects specified in art. 556 - Art. 576 k.c. is entitled only if the Entrepreneur examined the Goods immediately after receiving them.
34. Upon handing over the Goods being the subject of the Sales Agreement to the carrier, the Entrepreneur shall transfer the benefits and burdens related to the Products and the risk of their accidental loss or damage.
35. The Entrepreneur is obliged to inform the Seller about the intention to withdraw from the Sales Agreement or exercise the warranty right immediately, not later than 7 days from the date of receipt of the Goods.
36. The deadline for responding to a complaint submitted by the Entrepreneur is extended to 21 days.
37. In addition to the rules established separately in this part, the provisions of sec. X of the Regulations shall apply accordingly.
XII. PERSONAL DATA
1. The administrator of Customers' personal data is the Seller.
2. The Customer's personal data is processed by the Seller to the extent necessary to complete the order and provide services electronically, i.e. to establish, shape the content, change or terminate the legal relationship between the Customer and the Seller.
3. The Seller ensures that the Customers' personal data are properly secured, and the Registration Forms used to send this information are protected by the SSL security protocol, as a result of which the data transfer process is encrypted.
4. By processing personal data, the Seller protects the personal data of Customers against their acquisition and modification by unauthorized persons.
5. The customer has the right to inspect their personal data and the right to correct them.
The graphic design, photos, content and descriptions of the Goods presented on the website of the Online Store www.tamo.design are the property of the Seller and may not be modified, copied and distributed without the consent of the Seller.
XIV. FINAL PROVISIONS
1. Agreements concluded through the Online Store www.tamo.design are concluded in accordance with Polish law and in Polish.
2. Any disputes arising between the Seller and the Customer will first be resolved amicably through mutual negotiations. In the absence of mutual agreement on disputed issues, the case will be settled by the court competent for the seat of the Seller
3. The Seller informs the Customer about the possibility of using out-of-court dispute resolution methods. In the field of Consumer claims, detailed information and procedures are available from locally competent consumer rights ombudsmen, in the Voivodship Inspectorates of the Trade Inspection or at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .show&lng=PL
4. The Regulations have been in force since May 13, 2020. The Seller reserves the right to change the provisions of these Regulations, while committing itself to publish a consolidated text of the Regulations on the Online Store website with an indication of the effective date of the changes, as well as by sending a mention of changes to the content to the Customer's e-mail address.
5. Amendments to the Regulations apply to both the Seller and the Customer from the moment of publishing the changes on the website of the Online Store www.tamo.design
6. Changes to the Regulations will not in any way infringe the rights of customers using the online store www.tamo.design before the date of entry into force of the changes, in particular they will not affect the placed and/or implemented orders. Orders accepted for execution are subject to the Regulations valid at the time of placing the order.
7. The wording and descriptions used to define individual functionalities of the Seller's Online Store used in these regulations, including in particular the names and descriptions of buttons, pictograms and icons, may be changed to equivalent ones. Making such a change does not constitute a change to these regulations
8. The content of these Regulations is available on the website: www.tamo.design/reguamin
The Regulations can be recorded, obtained and reproduced at any time by printing it out, saving it on a suitable medium or downloading it in PDF format and saving it in the computer's memory from the website.