Terms and conditions of use
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
9. CONTRACTUAL RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT REASON
10. PROVISIONS CONCERNING ENTREPRENEURS
11. FINAL PROVISIONS
12. MODEL FORM OF WITHDRAWAL FROM THE CONTRACT
The Online Store www.tulisie.pl cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.tulisie.pl is run by the company EXELMEDIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALOŚCI entered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000535644; registration court, in which the company's documentation is stored: District Court in Opole, VIII Commercial Department of the National Court Register; share capital in the amount of: PLN 30,000.00; NIP: 7543087865; REGON: 360329184 and e-mail address: sklep@tulisie.pl and contact phone number: (22) 307 65 20.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or to entrepreneurs.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and amend it.
1.4. definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about his Orders in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.tulisie.pl.
1.4.11. DEALER; SERVICE PROVIDER - the company EXELMEDIA COMPANY WITCH LIMITED LIABILITY based in Opole (headquarters address and address for service: ul. Ozimska 48, premises 19, 45-368 Opole); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 00005
1.4.12 SALES AGREEMENT - a Product sales contract concluded or concluded between customers and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Users via the Online Store.
1.4.14 SERVICE RECIPIENT - (1) a natural person with full capacity to perform legal acts, and in cases used by mandatory provisions, as well as a natural person with limited capacity to perform acts; (2) legal entity; or (3) an organizational unit without reference personality that the law confers on legal capacity; - using or intending to use the Electronic Services.
1.4.15 CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.16 ORDER - Customer's declaration of intent made using the Order Formula and transactions concluded for the conclusion of the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the online store: Account, Order Form and Newsletter.
2.1.1 Account - operated from the Account is available after a number of common steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Create Account" field and (3) confirmed connection with the account Available clicking on the confirmed link sent automatically to e-mail address provided. The Registration Form provides access to the Service Recipient's data: e-mail address and password.
2.1.1.1. Electronic service The service account is provided for an indefinite period. Customers have the option, at any time and without giving an option, to delete the Account (resignation from the Account) by sending an appropriate account to the Service Providers, in the case of using the contact list to the following address: sklep@tulisie.pl or in writing to the address: ul. Ozimska 48, premises 19, 45-368 Opole.
2.1.2 Order Form - operated from the Order Form, launched when the Customer adds the first Product to the electronic basket in the Online Store. Placing Orders takes place after the customer completes two main steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form fields 'Confirm Purchase' - until then you can save the data yourself in order to follow the displayed messages and accesses available on the Online Store website). In the Order Form, they are provided by the customer with customer data: name and surname / company name, address (street, house / flat number, zip code, place, country), email address, contact telephone number and contract scope data. Sale: Product / y, quantity Products / method, place and method of delivery Products / method, method of payment. For customers who are not consumers, the company name and tax identification number are also assigned.
2.1.2.1. The Electronic Order Formula Service is provided as a one-off service and changes when orders for its services are ordered or when orders for its use are terminated by the customer.
2.1.3. Newsletter - used from the Newsletter appears on the page in the "Newsletter" tab visible on the Online Store website, an e-mail address to which you can send subsequent editions of the Newsletter with the name and clicking on the "Subscribe" field and confirmed willingness to subscribe to the Newsletter. clicking on the confirmation link sent automatically to the e-mail address provided. You can also go to the Newsletter by checking the box when creating an Account or ordering an Order - upon creating an Account or ordering an Service Order received by the Newsletter.
2.1.3.1. The Newsletter Electronic Service is not provided for an indefinite period. The Service Recipients have the option, at any time and without providing data, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate order to the Service Providers, in the scope via the contact list to the following address: sklep@tulisie.pl or in writing to the address: Ozimska St. 48, store 19, 45-368 Opole.
2.2 Technical requirements for cooperation with the ICT system, Provider's services used: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and version or Internet Explorer version 10.0 and version, Opera version 12.0 and version, Google Chrome version 23.0. and altitude, Safari version 5.0 and level, Microsoft Edg
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of the Product complaint procedure, which was indicated in point 6 of the Regulations) The Customer may submit, for example:
2.4.2. in writing to the following address: ul. Ozimska 48, premises 19, 45-368 Opole
2.4.3. in electronic form via e-mail to the following address: sklep@tulisie.pl;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer's requests; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when the amount of these charges cannot be determined - the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
3.3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form:
3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has 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. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the submission of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, protection and making available to the Customer the content of the concluded Sales Agreement is made by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payments and payments by credit card via Przelewy24.pl - possible current payment methods are set out on the Online Store website in the information tab regarding payment methods and on the website http://przelewy24.pl.
4.1.2.1. Settlements of electronic payments and payment cards are carried out according to the customer's choice via Przelewy24.pl. Electronic payments and payment cards are managed by:
4.1.2.1.1. Przelewy24.pl - PayPro S.A. company Settlement Agent with registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.
4.1.3. PayPo electronic payments via the http://paypo.pl website, the so-called deferred payment.
It is implemented in such a way that after selecting the indicated payment method, the Customer is redirected to the PayPo transaction service, where the Customer's data is verified. The use of PayPo payments requires prior positive verification of the Customer's data by the PayPo payment provider under the conditions set out in the payment regulations provided by the provider.
PayPo payments are handled by:
PayPo Sp. z o.o. with its registered office in Warsaw, ul. Domaniewska 37 (02-672 Warsaw), entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000575158, with share capital of PLN 627,500, NIP: 521-37-05-997, Regon: 362485126
4.2. Date of payment:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement.
4.2.2. In the case of payments via the PayPo electronic payment system, the payment deadline is 21 days from the date of conclusion of the sales contract on the conditions set out in the PayPo regulations.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payments and payments by credit card via Przelewy24.pl - possible current payment methods are set out on the Online Store website in the information tab regarding payment methods and on the website http://przelewy24.pl.
4.1.2.1. Settlements of electronic payments and payment cards are carried out according to the customer's choice via Przelewy24.pl. Electronic payments and payment cards are managed by:
4.1.2.1.1. Przelewy24.pl - PayPro S.A. company Settlement Agent with registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.
4.1.3. PayPo electronic payments via the http://paypo.pl website, the so-called deferred payment.
It is implemented in such a way that after selecting the indicated payment method, the Customer is redirected to the PayPo transaction service, where the Customer's data is verified. The use of PayPo payments requires prior positive verification of the Customer's data by the PayPo payment provider under the conditions set out in the payment regulations provided by the provider.
PayPo payments are handled by:
PayPo Sp. z o.o. with its registered office in Warsaw, ul. Domaniewska 37 (02-672 Warsaw), entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000575158, with share capital of PLN 627,500, NIP: 521-37-05-997, Regon: 362485126
4.2. Date of payment:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement.
5. COST, METHODS AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement. .
5.2. Personal collection of the Product by the Customer is not available.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Parcel post.
5.3.2. Courier delivery.
5.3.3. Parcel locker.
5.4. The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 5 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability to the Customer, if the Product sold has a physical or legal defect (warranty) are set out in generally applicable law, in particular in the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability to the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are determined by generally applicable law, in particular by law of July 27, 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability due to a Product defect and the Customer's rights are set out on the Online Store website in the complaint information tab.
6.3. The complaint may be submitted by the Customer, for example:
6.3.1. in writing to the following address: Exelmedia sp.z o.o. 48 Ozimska St., premises 19, 45-368 Opole;
6.3.2. in electronic form via e-mail to the following address: sklep@tulisie.pl;
6.4. It is recommended that the customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sale Agreement or a statement on price reduction or withdrawal from the Sale Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. The Seller's failure to respond within the above deadline means that the Seller considered the complaint justified.
6.6. The customer who exercises the warranty rights is obliged to deliver the defective product to the following address: Exelmedia sp.z o.o., ul. Ozimska 48 room 19, 45-368 Opole. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the way it was installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules for access to 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. There is also a contact point at the President of the Office for Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Plac Powstańców Warszawy 1, 00-950 Warsaw), whose task is between other assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities to use extrajudicial means of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (for more information please visit: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail atady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform's website or at the Office of Competition and Consumer Protection's website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1. A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be made, for example:
8.1.1. in writing to the following address: Exelmedia sp.z o.o. 48 Ozimska St., premises 19, 45-368 Opole;
8.1.2. in electronic form via e-mail to the following address: sklep@tulisie.pl;
8.2. An example template of the withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the Online Store website in the tab regarding withdrawal from the contract. The consumer may use the template form, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (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) consist in regular delivery of Products for a specified period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs arising from the delivery method chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Exelmedia sp.z o.o., ul. Ozimska 48 room 19, 45-368 Opole.
8.7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product which is a service whose performance - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is required to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in respect of contracts:
8.9.1. (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 beginning of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individualized
9. CONTRACTUAL RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT REASON
9.1. Regardless of the right to withdraw from the contract without providing a reason referred to in point 8. of the Regulations and the right to lodge a complaint referred to in point 6 of the Regulations, a consumer who has concluded a Product Sales Agreement may exercise the contractual right to withdraw from the contract on the principles set out in this section of the Regulations. To meet the deadline, it is necessary to send before its expiry a statement of withdrawal from the contract on the Seller's forms, available on the Online Store website, in the returns tab. A statement of withdrawal from the contract may be submitted:
9.1.1. in writing to the address: ul. Ozimska 48 place 19, 45-368 Opole;
9.1.2. in electronic form via e-mail to the following address: sklep@tulisie.pl.
9.2. Under the contractual right to withdraw from the contract, the consumer may withdraw from the Product Sales Agreement without giving a reason after the 14-day deadline to withdraw from the contract indicated in point 8. of the Regulations, but no later than 30 days from the date of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, provided that the consumer meets the following requirements in aggregate:
9.2.1. No damage or signs of use of the Product.
9.2.2. Product return complete with all elements included in the order.
9.2.3. Product return in its original packaging.
9.3. The seller is obliged to return to the consumer all payments made by the consumer not later than within 30 calendar days from the date of receipt of the Product returned by the consumer.
9.4. The consumer is responsible for reducing the value of the Product, including those that result from damage to the Product packaging.
9.5. The contractual right of withdrawal does not apply to books and products with a given expiry date, e.g. cosmetics.
9.6. In matters not covered in this point, point 8 of the Regulations regarding the statutory right of withdrawal, in particular regarding the manner of withdrawal, time limit, effects and costs of withdrawal as well as exceptions to the right to withdraw from the contract.
10. PROVISIONS CONCERNING ENTREPRENEURS
10.1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Users who are not consumers.
10.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
10.3. In the case of Customers who are not consumers, 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.
10.4. When the Seller releases the Product to the carrier, the non-consumer Customer receives the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer, and for delay in the shipment.
10.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.
10.6. In accordance with art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
10.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.
10.8. The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient / Customer who is not a consumer.
10.9. All disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
This section of the Regulations and the provisions contained herein apply only to Customers and Service Users who are not consumers.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Change of Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of conclusion of continuous contracts pursuant to these Regulations (e.g. provision of Electronic Services - Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.
11.2.3. In the case of conclusion of contracts other than continuous contracts pursuant to these Regulations (e.g. Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or executed Sales Agreements.
11.3. In matters not covered by these Regulations, generally 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); for Sales Agreements concluded until December 24, 2014 with customers who are consumers - the provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 from as amended) and the Act on specific conditions of consumer sales and amendment to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.
12. MODEL FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee:
EXELMEDIA LIMITED LIABILITY COMPANY
ul. Ozimska 48 place 19, 45-368 Opole
tulisie.pl
sklep@tulisie.pl
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract of delivery of the following items (*) contract for a specific work involving the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name of consumer (s)
- Address of consumer (s)
- Signature of consumer (s) (only if the form is sent on paper)
- Date
(*) Delete as applicable.