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RULES AND REGULATIONS OF THE ONLINE SHOP www.tessita.com


1. DEFINITIONS

1.1 Seller – Artur Gliński Piotr Głogowski EuroStyl civil liability company with registered seat in ul. Warszawska 320, 42-200 Częstochowa, NIP: 9491909261, REGON: 152177692.
1.2. Shop - online service belonging to the Seller, available under www.tessita.com, through which the Customer may purchase Goods from the Seller remotely, i.e. using the means of electronic communication (Internet).
1.3. Customer - natural person who is at least 13 years old, while when the person is younger than 18, a consent of their legal guardian is required, as well as a legal person and organisational unit not being a legal person, to which special provisions give a status of a legal person, who places or intends to place an Order (including the Consumer).
1.4. Consumer - natural person who undertakes a legal activity with the Seller (sales contract through the Shop) not directly related to its economic or professional activity.
1.5. Regulations - the present rules and regulations specifying the rules for concluding contracts by the Seller via the Shop.
1.6. Goods - movables presented in the Shop, which may become the object of the sales contract, specified in detail in the Order.
1.7. Order – offer for the conclusion of the sales contract of Goods, directed by the Customer to the Seller through the Shop.

2. GENERAL CONDITIONS

2.1. The present Regulations specify the rules for the conclusion of the sales contracts done using the Shop.
2.2. The Customer should become acquainted with the contents of these Regulations at the latest at the moment of placing an Order.
2.3. Potential amendments to the Regulations shall be done only for a good reason and shall be published on the www.tessita.com website in the "Regulations" tab. The amended contents of the Regulations will never have retroactive power towards Customers and Orders that have already been placed or executed.
2.4. The Shop allows also for the sale of Goods abroad.

3. RULES FOR MAKING PURCHASES

3.1. Having made a choice regarding the Goods and after placing the Goods in the virtual cart, the Customer may register into the IT system of the Shop to place an Order, by filling-in a registration form with the data necessary for the execution of the sales contract. If the Customer does not wish to register,, it is possible to make a one-time purchase by providing the data necessary for the sales contract only once - for the purposes of a single purchase.
3.2. The prerequisite for the confirmation and execution of the Order is the Order Form being filled by the Customer at the www.tessita.com website, including the indication of the form of payment. If pre-payment has been selected as the form of payment, the Order will be executed only after the payment is made by the Customer.
3.3. Information regarding Goods that are presented in the Shop )including prices) do not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract specified in Article 71 of the Civil Code.
3.4. Before placing the Order, the Customer will be asked to declare that they have become acquainted with the present Regulations.
3.5. The Shop accepts Orders 24 hours per day, 7 days a week.
3.6. Order confirmation is done by the Shop by e-mail or by telephone by the Shop staff. Order confirmation made by e-mail contains the Order number, indication of selected goods, selected payment and delivery method with the indication of the address.
3.7. Orders placed on Sundays and holidays shall be processed on the next working day following the day on which the Order was placed.
3.8. Depending on the selection made by the Customer in the IT system of the Shop, the prices shall be expressed in Polish zloty (PLN) or in euro (EUR). The prices include VAT.
3.9. The Seller each time issues a sale document, containing the bill or VAT invoice.
3.10. In order to facilitate the execution of contracts concluded through the Shop, e-mail correspondence will be exchanged between the Seller and the Customer, directed to the e-mail address provided by the Customer. Within the framework of that correspondence, the Customer shall receive e-mails regarding Order execution.
3.11. Should there come a situation, where not all Goods covered by the Order are available at hand, the Customer shall receive a message with the information indicating which of the Goods could be gathered for immediate execution. It shall be the exclusive decision of the Customer whether the Order shall be cancelled in whole or executed partially in the form in which it is possible at the time. Depending on the Customer's decision, the Seller shall send a message to the Customer confirming either cancellation of the whole Order or confirming partial execution thereof. Should the Customer fail to make a decision regarding the partial completion of the Order within 5 days, the Order shall be automatically cancelled, of which the Customer shall be notified with a separate e-mail.

4. FORMS OF PAYMENT

4.1. Client may make the payment by a debit or credit card or using an electronic payment (bank transfer) using the PayU (www.payu.pl) and dotPay (www.dotpay.pl) payment systems.
4.2. The Customer may make the payment on delivery - at the hands of the employee of the carrier or employee of Poczta Polska (postman).
4.3. The Customer may also make a pre-payment to the bank account indicated by the Seller.

5. DELIVERY CONDITIONS

5.1. When placing an order, the Customer may select the following forms of Goods delivery:
1. delivery through Poczta Polska;
2. delivery through pack stations (InPost);
3. delivery through a courier company;
5.2. The Seller shall verify the Order that has been placed, consisting in the review of the completeness of the data provided by the Customer and contacting the Customer by e-mail or by telephone to confirm the data and the quantity, type and price of Goods.
5.3. A form that has been filled in partially or contains errors (in particular containing an incorrect e-mail) shall lead to the possibility of Order rejection.
5.4. At the time the Order is rejected, the Order is cancelled, and the personal data contained therein shall be removed from the Shop's database.
5.5. Expected time of delivery is specified in detail below:

TABLE OF COSTS
Form of delivery Bank transfer (PLN gross) Payment on delivery (PLN gross) Expected time of delivery
InPost: Pack service PLN 9.50 --- 1 day
DPD courier PLN 13.80 PLN 17.30 1 day
Poczta Polska 15.50 PLN 17.95 2-3 days


5.6. When the ordered Goods are completed and the package is sent, the Customer receives respective information by e-mail with the dispatch confirmation.

6. CLAIMS

6.1. The Seller shall be liable within the framework of his warranty for physical and legal defects of the Goods within the scope specified in the Act of 23 April 1946 - Civil Code.
6.2. Physical defect of the Goods consists in the discrepancy between the sold Goods with the Contract, thus when Goods: do not have the properties they should have in relation to the objective of the Contract, following from circumstances or purpose thereof; when they do not have the properties that the Seller ensured the Customer they have; when it is not suitable for the purpose, of which the Customer informed the Seller when concluding the Contract and the Seller placed no objections to that purpose; when the Goods provided to the Customers are incomplete.
6.3. Legal defects of Goods are such as: the Goods are the property of a third person or is burdened with the rights of third persons, when the limitation of the use or distribution thereof follow from the decision or judgement of the appropriate authority.
6.4. The Seller shall be liable under the warranty when the physical defect is determined within two years of the receipt of the Goods by the Customer.
6.5. The Seller shall be liable under the warranty for physical defects of the Goods, which were present at the time when the danger was transferred to the Customer or followed from a cause inherent to the sold Goods at that time.
6.6. If the Goods are defective, the Customer may make a declaration regarding the price discount or termination of the contract, unless the Seller immediately replaces the Goods with the Goods that are free of that defect or unless the Seller removes a given defect. This limitation does not apply if the Goods were already replaced or repaired by the Seller or if the Seller failed to fulfil its obligation to replace the Goods with ones that are free of defects or to repair the defects.
6.7. If the Goods are defective, the Customer may also request the replacement of the Goods or removal of the defect.
6.8. Instead of the removal of defects, as proposed by the Seller, the Consumer may request a replacement of Goods with defect-free Goods or request a defect removal instead of replacement, unless the execution of the Consumer's request would not be possible or would require excessive costs as compared to the method proposed by the Seller.
6.9. The Customer may not terminate the contract is the defect is insignificant.
6.10. The Seller undertakes to take a position regarding the claim within 14 days of the day of its receipt.
6.11. In the case of a successful termination of the contract, the Seller undertakes to make a reimbursement of the payments done by the Customer within 14 days of the date of the receipt of the contract termination declaration, notwithstanding the fact that the reimbursement shall not be made before the Goods are returned to the Seller or before the Customer delivers the confirmation of the dispatch thereof.
6.12. The Customer who executes his rights following from the warranty shall deliver the defective Goods to the Seller to the address indicated in point 1.1 of the Regulations.

7. RIGHT TO WITHDRAW FROM THE CONTRACT

7.1. In accordance with the Act of 30 May 2014 on consumer rights, the Consumer may withdraw from the sales contract regarding the Goods purchased in the Shop without providing a reason. In such a case the Customer must send a respective declaration to the Seller within 14 days of the dispatch of the delivery of the Goods (i.e. from the date on which the Consumer received the Goods). To ensure the fulfilment of that deadline it is sufficient to send the declaration prior to the elapse of that time.
7.2. Sample declaration regarding withdrawal from the contract shall constitute Annex 2 to the Regulations.
7.3. The Consumer shall return the Goods to the Seller within 14 days of the date on which they withdrew from the Contract. To ensure the fulfilment of that deadline it is sufficient to send Goods prior to the elapse of that time.
7.4. Returns of the Goods shall be done to the address of the Seller indicated in point 1.1 of the Regulations.
7.5. Within 14 days of the date of the delivery of the withdrawal declaration the Seller shall return all payments made by the Consumer to the Consumer, including the cost of delivery, where the return of the payment shall not take place until the Goods are properly returned to the Seller or until the Consumer provides a confirmation of the dispatch thereof.
7.6. If the Consumer selected the method of delivery which is not the least expensive of the offered methods, the Seller is not obliged to reimburse the additional costs to the Consumer.
7.7. The Seller shall make a reimbursement of payments using the same method of payment as the Consumer used, unless the Consumer agrees to another form of reimbursement which is not connected with any additional costs for the Consumer.
7.8. As a consequence of the declaration filed by the Consumer, the Consumer shall pay for all direct costs of returning the Goods to the Seller.
7.9. The Consumer shall be liable for the decrease in the value of the Goods which are related to their use of the Goods in a way that exceeds the normal use necessary for establishing the nature, characteristics and functionality of the Goods.
7.10. A notice regarding the rights of the Consumer as regards the withdrawal from the contract constitutes Annex 1 to the Regulations.

8. PERSONAL DATA PROTECTION

8.1. When placing an Order, the Customer shall be asked to consent to the processing of the personal data provided in the form for the purposes of Order execution and processing by the Seller, who is also the administrator of the above-mentioned personal data within the meaning of the provisions of the Act of 29 August 1997 on personal data protection.
8.2. Personal data contained in the Seller's database shall not be disclosed to any other entities which are not taking part in the execution of the sales contract.
8.3. In accordance with the Act on personal data protection, the Customer has the right to view, correct and delete their personal data. The Seller shall provide each Customer with the right to control the processing of data in accordance with Article 32 of the Act on personal data protection.
8.4. Provision of personal data is voluntary, but refusal to process personal data shall make it impossible to confirm and execute the Customer's Order.

9. FINAL PROVISIONS

9.1. These Regulations have been drawn up on the basis of the currently binding provisions of Polish law. Matters not regulated by the Regulations, as well as those where the Regulations might prove contradictory to the directly binding provisions of law, shall be governed by the provisions of the directly binding law.
9.2. The Regulations do not exclude or limit ant rights of the Customer being also a Consumer, which he exercises on the basis of directly binding provisions of law. Should there be any contradiction between the provisions of the Regulations and directly binding provisions of law which give the consumers any rights, the provisions of those laws shall prevail.
9.3. The sales contract shall be concluded between the Customer and the Seller. Saving, securing and disclosure of significant details of the concluded contract shall be done by printing the documents confirming the purchase of Goods and providing them to the Customer complete with the Goods or providing them to the Customer by electronic means.
9.4. Regulations are available to all Customers in the electronic form at the website of the Seller.
9.5. The use of the Shop requires the use of devices allowing Internet access and a browser allowing for the display of websites, as well as provision of an e-mail enabling sending information regarding the execution of the Order.

10. ANNEXES

Annex 1 – Information regarding the execution of the rights to withdraw from the contract (PDF)

Annex 2 - Contract withdrawal form (PDF)


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