TERMS AND CONDITIONS OF THE ONLINE STORE
TS2.PRO
§ 1
GENERAL PROVISIONS
1. The https://ts2.pro/en/ shop operates on the terms set out in these Regulations.
2. The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the https://ts2.pro/en/ Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
3. Each Service Recipient, upon taking steps to use the Electronic Services of the https://ts2.pro/en/ Store, is obliged to comply with the provisions of these Regulations.
4. In matters not covered by these Regulations, the following provisions shall apply:
4.1. the Act on the provision of electronic services of July 18, 2002,
4.2. the Act on Consumer Rights of May 30, 2014,
4.3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,
4.4. the Civil Code of April 23, 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. CONTACT FORM - a form available on the https://ts2.pro/en/ website that allows you to send a message to the Service Provider.
2. FORM REGISTRATION – a form available on the https://ts2.pro/en/ website that allows you to create an Account.
3. FORM ORDERS – a form available on the https://ts2.pro/en/ website for placing an Order.
4. CLIENT – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
5. CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
6. ACCOUNT – marked with an individual name (login) and password, a collection of resources in the Service Provider's ICT system, in which the Customer's data is collected, including information about placed Orders.
7. NEWSLETTER - An Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Store and the Products available in it to the e-mail address provided by the Service Recipient.
8. PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
9. STATUTE - these Regulations of the Store.
10. STORE - The Service Provider's online store operating at https://ts2.pro/en/
11. SELLER, , SERVICE PROVIDER – TS2 SPACE LIMITED LIABILITY COMPANY entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw Warszawa in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000635058, place of business and address for service: Aleje Jerozolimskie 65/79, apartment number: 15.03, 00-697 Warszawa, NIP: 7010612151, REGON: 365328479, e-mail address (e-mail): [email protected], phone number: +48 223 645 800.
12. ARRANGEMENT SALES – Product Sales Agreement concluded between the Customer and the Seller via the Store.
13. SERVICE ELECTRONIC – a service provided electronically by the Service Provider to the Service Recipient via the Store.
14. SERVICE RECIPIENT – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
15. ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
§ 3
PRODUCT AND ORDERING INFORMATION
1. The https://ts2.pro/en/ store sells Products via the Internet.
2. The products offered in the Store are new, free from physical and legal defects and have been legally introduced to the Polish market.
3. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
4. The price of the Product shown on the Store's website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Product shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
6. Orders can be placed:
6.1 via the website using the Order Form (https://ts2.pro/en/ Store) - 24 hours a day throughout the year,
6.2 via e-mail to the following address: [email protected]
6.3 by phone at: +48 22 364 58 00.
7. In order to place an Order, the Customer is not required to register an Account in the Store.
8. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
9. The Store executes Orders placed from Monday to Friday during the Store's working hours, i.e. from 9:00 to 17:00 on working days. Orders placed on business days after 15:00, on Saturdays, Sundays and holidays, will be considered on the next business day.
10. Products on promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stock of a given Product runs out.
§ 4
CONCLUSION OF THE SALES AGREEMENT
1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 point 6 and 8 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail.
4. Confirmation of receipt of the Order includes:
4.1. confirmation of all essential elements of the Order,
4.2. contract withdrawal form,
4.3. these Regulations containing information on the right to withdraw from the contract.
5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase (receipt or VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5
PAYMENT METHODS
1. The seller provides the following payment methods:
1.1. payment by traditional transfer to the Seller's bank account,
1.2. payment via an electronic payment system (Przelewy24.pl, PayPal.com).
2. In the case of payment by traditional transfer, the payment should be made to the bank account number: 61 1140 1010 0000 4081 5300 1001 (mbank SA) TS2 SPACE LIMITED LIABILITY COMPANY, Aleje Jerozolimskie 65/79, premises no.: 15.03, 00-697 Warsaw, NIP: 7010612151. In the title of the transfer, enter "Order No....".
3. In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.
4. The Customer is obliged to pay the price under the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. The product will be sent only after it has been paid for.
§ 6
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
1. The costs of delivery of the Product, which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product.
2. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:
2.1. the time of completing the Products is up to 5 working days from the moment of:
and) posting the funds paid under the Sales Agreement to the Seller's account or
b) positive transaction authorization by the electronic payment system,
2.2. the delivery of Products constituting movable items by the carrier takes place within the period declared by him, i.e. up to 5 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).
3. Products purchased in the Store are sent in Poland and abroad via Poczta Polska or a courier company (DHL).
4. Products purchased in the Store can be collected by the Customer in person after prior e-mail or telephone contact.
§ 7
PRODUCT COMPLAINT
1. Warranty claim.
1.1. All Products offered in the Store have a guarantee valid in the territory of the Republic of Poland,
1.2. the warranty period for Products is 12 months and is counted from the date of delivery of the Product to the Customer,
1.3. the document entitling to warranty protection is a warranty card or proof of purchase,
1.4. the warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Regulations, resulting from the warranty for physical and legal defects of the Product, as specified in the Civil Code.
2. Warranty claim.
2.1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Regulations under the warranty covering physical and legal defects are specified in the Civil Code of April 23, 1964,
2.2. notifications of defects concerning the Product and the submission of a relevant request can be made via e-mail to the following address: [email protected] or in writing to the following address: Ts2 Space sp. z o.o Aleje Jerozolimskie 65/79, 00-697 Warsaw,
2.3. in the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller,
2.4. for the assessment of physical defects of the Product, it should be delivered to the following address: Ts2 Space sp. z o.o Aleje Jerozolimskie 65/79, 00-697 Warsaw,
2.5. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,
2.6. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its consideration. In connection with a justified complaint of the Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of receipt, delivery and replacement of the Product with a defect-free one,
2.7. the response to the complaint is provided on paper or another durable medium, e.g. an e-mail or text message.
§ 8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who concluded a distance contract, may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract provided by the Store.
2. In the event of withdrawal from the contract, the Sales Contract is considered void, and the Consumer or the entity referred to in § 10 of the Regulations are obliged to return the Product to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date in which he withdrew from the contract, unless the Seller offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Ts2 Space sp. z o.o Aleje Jerozolimskie 65/79, 00-697 Warsaw.
4. The consumer or the entity referred to in § 10 of the Regulations are liable for the decrease in 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. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle the Products and check them only in the same way as they could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations have expressly agreed otherwise return at no cost to them. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Regulations have chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 10 of the Regulations, proof of sending it back, depending on which event occurs first.
8. The consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bear only the costs of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of a service from the date of conclusion of the contract.
10. The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
10.1 in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs,
10.2 in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
10.3 in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
10.4 in which the subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
10.5 in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to fulfill its obligation within a strictly specified period.
§ 9
PROVISIONS RELATING TO BUSINESSES (B2B)
1. This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on Consumer Rights, referred to in § 10 of the Regulations.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place 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.
3. The Seller has the right to limit the payment methods provided by the Seller to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from the moment of accepting the Product for transport until its delivery to the Customer, as well as for delays in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.
§ 10
PROVISIONS CONCERNING BUSINESSES ON CONSUMER RIGHTS
1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
2. A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:
2.1. prohibited contractual provisions - the so-called abusive clauses,
2.2. liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
2.3. the right to withdraw from a distance contract, in accordance with § 8 of the Regulations.
3. The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by poviat consumer rights ombudsmen as well as the President of the Office of Competition and Consumer Protection.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services through the Store, such as:
1.1. concluding Product Sales Agreements,
1.2. maintaining an Account in the Store,
1.3. Newsletter,
1.4. sending a message via the Contact Form.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions set out in the Regulations.
3. The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented in it.
§ 12
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
2.1. the contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates at the moment of placing the Order or ceasing to place it by the Service Recipient,
2.2. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period. The conclusion of the contract takes place at the moment of sending the completed Registration Form by the Service Recipient,
2.3. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period,
2.4. the contract for the provision of Electronic Services consisting in enabling the sending of messages to the Service Provider via the Contact Form is concluded for a definite period of time and terminates upon sending the message or ceasing to send it by the Service Recipient.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to e-mail,
3.3. Web browser,
3.4. enabling Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, taking into account respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The service recipient is prohibited from providing illegal content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: [email protected]
2. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
4. The Service Provider's response regarding the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.
§ 14
CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
1.1. A contract for the provision of Electronic Services of a continuous and indefinite nature (keeping an Account, Newsletter) may be terminated,
1.2. The Customer may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: [email protected]
1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an ineffective prior request to cease violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submitting a declaration of will to terminate it (notice period),
1.4. termination leads to termination of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
1. All content posted on the website at https://ts2.pro/en/ is protected by copyright and (subject to § 15 point 3 and elements posted by the Service Recipients, used on the basis of a license, transfer of copyrights or fair use) are owned TS2 SPACE LIMITED LIABILITY COMPANY entered into the Register of Entrepreneurs by the District Court for the Capital City of Warszawa in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000635058, place of business and address for service: Aleje Jerozolimskie 65/79, apartment number: 15.03, 00-697 Warszawa, NIP: 7010612151, REGON: 365328479. The Customer bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the https://ts2.pro/en/ website without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the https://ts2.pro/en/ website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Store's website at https://ts2.pro/en/ belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at https://ts2.pro/en/ are used for information purposes.
§ 16
FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from the Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.
4. Litigation of disputes:
4.1. any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §10 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
4.2. any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer, as referred to in §9 of the Regulations, shall be submitted to the court competent for the seat of the Service Provider.
5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.