Terms & Conditions
Terms and Conditions content…
§1. General provisions
1. The Regulations set out the rules for making purchases in the Store in the case of customers who specified the place as the shipping address in the territory of the Republic of Poland. 2. The following terms have the following meanings in these Regulations:
a) Business days - all days of the week from Monday to Friday, excluding public holidays.
b) Customer - a person using the Store, who is a natural person with full legal capacity (i.e., as a rule, who is at least 18 years old), a legal person or an organizational unit, other than a legal person, which the law grants legal capacity.
c) Consumer - a natural person performing a legal act not directly related to his business or professional activity (Article 221 of the Civil Code).
d) Customer Account - a collection of information about the Customer, as well as about the activities carried out by the Customer within the Store (including customer data for the implementation of placed orders, order history, status of order completion in progress).
e) Regulations - these regulations.
f) Store or an online store - an online store operating at www.teaoclock..com, run by the Seller, through which the Seller offers goods to customers.
g) Seller - Jakub Chmielniak conducting business activity under the name "LETHE Jakub Chmielniak" with the main plant at ul. Czajkowskiego 15, 43-300 Bielsko-Biała, NIP: 937-24-97-177, Region: 241353364, Tel / fax +48 883392182, email: info@teaoclock.com.
h) Durable medium - a material or tool enabling the consumer or entrepreneur to store information personally addressed to him in a way that allows access to information in the future for a time appropriate for the purposes for which this information is used, and which allows the stored information to be restored unchanged (Article 2 point 4 of the Act of 30 May 2014 on consumer rights, Journal of Laws 2014 item 827).
i) Goods - goods available through the Store.
3. The prices listed in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.
4. Prices in the Store are given in Polish zlotys, in the gross amount. These prices do not include the cost of delivery and payment - the amount of which the Customer decides each time when placing the order. The final price in relation to a given contract for the sale of Goods is determined in the process of submitting the offer (order), in accordance with §3 para. 1 and 2.
§2. Account registration
1. Customers have the option of registering on the Store's website, which results in the creation of an Account.
2. Registration takes place through:
a) completing the registration form by the Customer, available on the Store's website (the form will be displayed after selecting the appropriate Store subpage or while placing the order). At least the fields marked as mandatory are required, These are: name and surname or company, residential address, shipping address (if different from the residential address), and e-mail address, and in the case of entrepreneurs - also the company and NIP,
b) accepting the content of the Regulations and cookie policy.
3. After completing the registration form, a message is sent to the e-mail address provided by the Customer asking for confirmation of the given data - by clicking on the link (link) contained in it. A customer account is created upon confirmation.
4. The Customer may delete his account in the Store at any time by sending a relevant request to the address: info@teaoclock.com.
5. The Seller may delete the Customer's Account also in the event of his violation of the Regulations, in particular, if the Customer:
a) provided during registration in the online store false, inaccurate or outdated data, misleading or infringing the rights of third parties,
b) committed through the online store infringing the personal rights of third parties, in particular, the personal rights of other customers of the online store,
In this case, re-registration is not allowed.
6. Account deletion does not affect the validity of previous legal actions performed by the Seller with the Customer through the Store.
§3. Responsibility for defects
1. The Seller shall be liable for defects in the Goods on the terms set out in the provisions of generally applicable law, including in particular the provisions on warranty from defects contained in art. 556 and subsequent of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2014, item 121).
2. Defects of goods (complaints) can be submitted via e-mail to info@teaoclock.com or in writing to the Seller's address provided in §1.
3. In the content of the complaint, the Customer should, if possible, provide:
a) a description of the defect, in particular: what is the defect, when it appeared,
b) the date of the defect disclosure,
c) what the Customer requests in connection with submitting the complaint,
- however, the lack of any of the above elements in the complaint, made by the customer who is a consumer, does not prevent the complaint from being considered.
Sending complete documentation may, however, speed up the proceedings.
4. The customer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver defective Goods to the registered office of the Seller at: ul. Plonów 21, 41-200 Sosnowiec.
5. The Seller undertakes to provide the customer with the ordered goods in accordance with all specifications contained on the site.
6. If the customer finds deficiencies in the purchased product, referred to in the specifications contained in the store, he has the right to lodge a complaint indicating this as a product defect.
7. The Seller undertakes to provide the customer with goods without defects, intact and is fully responsible for the transport of the product sold. The seller is therefore responsible for defects in things in accordance with the provisions of the Civil Code, in particular art. 556 and 5561-5553 Civil Code
§4. Personal data
1. The Seller processes Clients' personal data only to the extent provided for by law, in particular, the Act of 29 August 1997 on the protection of personal data (i.e. - Journal of Laws 02.101.926, as amended) or these regulations.
2. The Seller undertakes to take the necessary technical and organizational measures to protect the personal data being processed.
3. By ordering Account registration or placing an order in accordance with §2 and 3, the Customer agrees to the processing of personal data provided on the registration or order form, in order for the Seller to perform the obligations arising from the contract with the Customer, as well as these Regulations (in particular - to send goods, issue invoices and keep current correspondence).
4. In cases and on the principles set out in the Act on the protection of personal data, in particular in Article 24 and art. 32-35 uodo, the customer has the right to access their data and correct or delete them.
5. The Customer may consent to the processing of his personal data by the Seller for marketing purposes, as well as consent to receive commercial information from the Seller by electronic means.
6. In each case, the disclosure of personal data by the Customer is voluntary - provided that some data are necessary to the Seller in order to perform the sales contract concluded through the Store.
7. Customers' personal data may be disclosed to third parties when such a right or obligation results from a legal provision.
§5. Technical requirements, the prohibition of posting illegal content, complaints about the Store's activities
1. The Seller provides Customers via the Store the opportunity to use the following electronic services free of charge (within the meaning of the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2002.144.1204, as amended):
a) sharing the contents of the Store,
b) concluding contracts with the Seller for the sale of Goods through the Store, on the terms set out in these regulations.
2. In order to use the above services, the Customer should have: a device enabling connection to the Internet and having an operating system, Internet connection, necessary software (web browser) and an e-mail account.
3. The rules of storing cookies by the Seller on the Customer's devices, as well as the Seller's access to these cookies are set out in the Cookie Policy, which constitutes an attachment to these Regulations.
4. The Customer undertakes that he will not place unlawful content (e.g. comments) within the Store - including in particular content that promotes violence or pornography or content that violates the rights of third parties. If the Seller receives an official notice or reliable information about the unlawful nature of stored content provided by the Customer, the Seller may prevent access to this content.
5. The Customer undertakes to:
a) not using the Store in a way that interferes with its functioning, in particular through the use of specific software or devices,
b) not taking actions such as: sending or placing unsolicited commercial information (spam) as part of the online store,
c) using the online store in a manner not inconvenient for other customers and the Seller,
6. In the event of dissatisfaction with the Store's activities, the Customer may file a complaint by e-mail to the following address: info@teaoclock.com. The customer will be informed about how to handle the complaint to the e-mail address from which it was sent, within 14 days of its receipt by the Seller.
§ 6. Duration of the contract
1. At the time of placing the order, the customer concludes a contract with the seller, which is valid from the moment of order until the product is delivered to the customer. The seller should take no more than 7 business days to process the order.
2. The Customer, being a consumer, may withdraw from the contract of sale of the Good without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which the Consumer takes possession of the Goods or from the day on which a third party indicated by the Customer, other than the carrier, comes into possession of the Goods.
3. In the event of withdrawal from the contract of sale of the Goods by the Customer in the manner described in this paragraph:
a) The Customer should return the Goods to the Seller using the form located HEREto the address ul. Plonów 21, 41-200 Sosnowiec immediately, and in any case not later than 14 days from the day on which he withdrew from the Contract for the Sale of Goods. The deadline is met if the customer sends the goods back within 14 days. The direct costs of returning the Goods shall be borne by the Customer,
b) The Seller shall refund to the Customer all payments received from the Customer, including the costs of delivery of the Goods (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method offered by the Seller), immediately and in any case not later than 14 days from the date of withdrawal from the contract of sale of the Good by the Customer.
The seller will refund payments using the same payment methods that were used by the customer in the original transaction, unless the customer expressly agrees to another solution. In any case, the Customer will not incur any fees in connection with this refund.
4. If it is not possible to process the order within the time limit specified in paragraph 6 above, the Seller may inform the Customer by e-mail, to the address provided when registering the Account or when placing the order, and return the entire sum of money received to the Customer - unless the Customer agrees to extend the time of receipt of the Goods. This applies in particular to Goods requiring adaptation to the individual needs of a particular Customer.
§ 7. sizable
1. In the event of disputes arising out of the regulations or the sales contract, the customer may use extrajudicial means of dealing with complaints and redress.
2. All disputes may be settled without involving the judiciary. The client may use three other methods of dispute resolution:
a) submission of an application to a permanent consumer arbitration court - a dispute is resolved by a referee judge;
b) submitting a request for mediation, e.g. to the chamber of commerce - a mediator resolves the dispute;
c) submitting a complaint via the ODR platform http://ec.europa.eu/consumers/odr/.
§8. Amendments to the regulations
1. The Seller has the right to change the provisions of these Regulations. In this case:
a) registered Customers will be notified of the changes via e-mail to the address provided during registration - at least 14 days before the changes come into force.
b) Registered customers will be asked to accept the changes to the regulations at the next login.
2. Lack of acceptance of changes to the regulations is the same as the termination of the contract for the provision of electronic services specified in §10 of these regulations with immediate effect and deletion of the Account - subject to §11 para. 3 below.
3. Amendments to the regulations will not in any way affect the rights acquired by customers, in particular, they will not affect orders placed - which will be implemented under the current rules.
§ 9. contact
The customer has the option of contacting the online store by e-mail to info@teaoclock.com.
§10. Final Provisions
The law applicable to these regulations, as well as to all contracts concluded in its implementation (including in particular contracts for the sale of Goods) is Polish law.