§1. General Provisions
These Terms and Conditions define the rules for using the Online Store available at www.sklep.tespol.com.pl, operated by Tespol Sp. z o.o., with its registered office in Wrocław, ul. Klecińska 125, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register under the number KRS 0000080313, NIP 894-10-03-955, REGON 008479077, with share capital of PLN 50,000.00, hereinafter referred to as the Seller.
The contact details of the Seller are as follows:
Tespol Sp. z o.o.
ul. Klecińska 125, 54-413 Wrocław
e-mail: sklep@tespol.com.pl, tel. 71 351 16 92
These Terms and Conditions specify in particular:
the rules for registering and using an account within the Online Store,
the conditions for placing orders via the Online Store,
the terms of concluding Sales Agreements,
the rules for making payments, delivery, and complaint handling,
the rights and obligations of both the Customer and the Seller,
the principles of withdrawal from the agreement.
The Online Store conducts sales via the Internet. The offer presented on the Store’s website does not constitute a commercial offer within the meaning of the Civil Code but an invitation to conclude an agreement, pursuant to Article 71 of the Civil Code.
§2. Definitions
The terms used in these Terms and Conditions shall mean:
Customer (User) – a natural person, legal person, or organizational unit without legal personality who uses the Online Store, in particular one who places an order through it.
Consumer – a Customer who is a natural person making a legal transaction with the Seller that is not directly related to their business or professional activity.
Entrepreneur with consumer rights – a natural person concluding an agreement directly related to their business activity, when it follows from the content of that agreement that it does not have a professional character for that person, resulting in particular from the subject of their business activity.
Seller – Tespol Sp. z o.o. with its registered office in Wrocław, ul. Klecińska 125.
Online Store (Store) – the website available at www.sklep.tespol.com.pl, through which the Customer can place orders.
Goods (Product) – a movable item presented on the Store’s website that may be the subject of a sales agreement between the Customer and the Seller.
Sales Agreement (Agreement) – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer through the Online Store.
Order – a declaration of will of the Customer constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of Goods.
§3. Technical Requirements
To use the Online Store and place orders, the Customer must have access to:
a device with Internet access,
an active e-mail account,
a web browser that supports cookies and JavaScript.
The Seller shall not be responsible for any difficulties in using the Store resulting from the Customer’s failure to meet the above technical requirements.
The Store uses cookies for its proper operation, in accordance with the Store’s Privacy and Cookie Policy.
§4. Rules for Using the Online Store
Using the Online Store is possible after registration or without creating an account (as a guest).
Registration in the Online Store is free of charge.
The Customer may register by completing the registration form available on the Store’s website and providing the required data, including a login and password.
After registration, each login to the Store is performed using the data specified in the registration form.
The Customer is obliged not to share their login data with third parties.
The Customer is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and intellectual property rights of third parties.
It is prohibited to provide unlawful content or to use the Store in a way that disrupts its functioning.
The Seller may delete a Customer’s account if the Customer violates these Terms and Conditions or the provisions of generally applicable law.
§5. Order Placement
Orders for Goods can be placed via the Online Store’s website www.sklep.tespol.com.pl.
The Customer places an order by:
selecting the Goods and adding them to the shopping cart,
filling in the order form with the necessary data for order fulfillment (delivery address, contact details, and, if applicable, invoice details),
choosing the method of delivery and payment,
confirming the order by clicking the “Order and Pay” button.
Placing an order by the Customer constitutes an offer to conclude a Sales Agreement with the Seller.
After placing an order, the Customer receives an e-mail confirming that the order has been received.
The Sales Agreement is considered concluded at the moment the Seller sends the Customer an e-mail confirming acceptance of the order for processing.
Orders placed through the Online Store can be placed 24 hours a day, 7 days a week.
Orders placed on Saturdays, Sundays, or public holidays are processed on the next business day.
§6. Prices and Payment Methods
The prices of Goods displayed on the Store’s website are expressed in Polish zlotys (PLN) and include VAT.
The prices of Goods do not include delivery costs, which are indicated when placing the order.
The binding and final price is the price displayed on the Store’s website at the time the Customer places the order.
The Customer may choose one of the following payment methods:
bank transfer to the Seller’s bank account,
online payment via the electronic payment system available in the Store,
cash on delivery – payment upon receipt of the shipment.
In the case of bank transfer or online payment, the Customer is obliged to make the payment within 7 days from the date of receiving the order confirmation.
In the event of the Customer’s failure to make payment within the above period, the order may be cancelled by the Seller after prior notification to the Customer.
§7. Placing an Order
To place an order, the Customer should:
optionally log in to the Online Store;
select the Product(s) to be ordered and click the “Add to Cart” button (or equivalent);
log in or choose to place an order without registration;
if placing an order without registration – fill out the Order Form with the recipient’s data, delivery address, select the delivery method, provide invoice details if different from the recipient’s data;
click “Order and Pay” and confirm the order by clicking the link sent in the e-mail;
choose one of the available payment methods and pay according to the selected method within the specified deadline, in accordance with §8 sec. 3.
§8. Available Delivery and Payment Methods
The Customer may choose from the following delivery methods:
Postal shipment, including cash on delivery,
Courier shipment, including cash on delivery,
Personal pickup at: ul. Grabiszyńska 241, 53-234 Wrocław.
The Customer may choose from the following payment methods:
Payment on delivery
Cash on delivery
Bank transfer to the Seller’s account
Electronic payments
Payment by credit/debit card
Detailed information regarding delivery methods and accepted payment methods is available on the Store’s website.
§9. Execution of the Sales Agreement
The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in the Online Store in accordance with §7.
After placing the Order, the Seller immediately confirms its receipt and accepts the Order for processing. Confirmation is sent via e-mail to the address provided by the Customer during the ordering process, containing at least the Seller’s statement on receipt of the Order, acceptance for processing, and confirmation of conclusion of the Sales Agreement.
Upon receiving the above e-mail, the Sales Agreement between the Customer and the Seller is deemed concluded.
Depending on the selected payment method:
For bank transfer, electronic payments, or card payments – the Customer must make the payment within … calendar days from the date of conclusion of the Sales Agreement; otherwise, the Order will be canceled.
For cash on delivery – the Customer is obliged to pay upon receipt of the shipment.
For personal pickup – the Customer must pay within … days from notification that the Product is ready for pickup.
If the Customer selects a delivery method other than personal pickup, the Product will be dispatched within the period indicated in the Product description, using the delivery method chosen by the Customer.
For Orders containing Products with different delivery times, the delivery date is the longest indicated period.
The delivery period begins as follows:
For bank transfer, electronic payments, or card payments – from the date the Seller’s account is credited.
For cash on delivery – from the date of conclusion of the Sales Agreement.
For personal pickup – from the date the Product is ready for collection; the Customer will be additionally notified by e-mail.
Delivery of Products is limited to the territory of Poland.
§10. Right of Withdrawal from the Agreement
A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The withdrawal period begins upon delivery of the Product to the Consumer or a person designated by them other than the carrier.
For agreements involving multiple Products delivered separately, in batches, or in parts, the period begins from delivery of the last item, batch, or part.
For agreements involving regular delivery of Products over a fixed period (subscription), the period begins from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration to the Seller. To meet the deadline, it is sufficient to send the declaration before the period expires.
The declaration may be sent by traditional mail, fax, or electronically via e-mail or through the Seller’s website. Contact details are provided in §3. The declaration may also be submitted using the form attached as Appendix 1 to these Terms and Conditions, or the form attached to the Consumer Rights Act of 30 May 2014, but this is not obligatory.
If the declaration is submitted electronically, the Seller will immediately confirm receipt via e-mail.
Effects of withdrawal:
In the event of withdrawal from a distance Sales Agreement, the Agreement is considered not concluded.
The Seller will refund all payments received from the Consumer, including delivery costs (except for additional costs resulting from the chosen delivery method other than the cheapest standard delivery), within 14 days of receiving the withdrawal declaration.
Refunds will be made using the same payment method used by the Consumer unless the Consumer explicitly agrees to another method without additional costs.
The Seller may delay the refund until the Product is returned or proof of its dispatch is provided, whichever occurs first.
The Consumer must return the Product to the Seller within 14 days from informing the Seller of withdrawal. The deadline is met if the Product is dispatched before the 14-day period expires.
The Consumer bears the direct cost of returning the Product.
The Consumer is responsible only for any diminished value of the Product resulting from using it in a way other than necessary to establish its nature, characteristics, and functioning.
Exceptions – no right of withdrawal:
The Consumer cannot withdraw from agreements:
for goods made to the Consumer’s specifications or personalized,
for goods delivered in a sealed package that cannot be returned for health or hygiene reasons if the package is opened,
for perishable goods or goods with a short expiration date,
for services fully performed with the Consumer’s consent before the withdrawal period,
for agreements with a price dependent on financial market fluctuations beyond the Seller’s control,
for goods inseparably mixed with other items,
for alcoholic beverages whose delivery is after 30 days and price depends on market fluctuations,
for sealed audio, video recordings, or computer software if opened,
for newspapers, periodicals, or magazines (except subscriptions),
for digital content not on a tangible medium if performance started with the Consumer’s consent before the withdrawal period and after being informed about the loss of the right of withdrawal.
§11. Complaints and Warranty
Only new Products are subject to the Sales Agreement.
If a Product purchased from the Seller is defective, the Customer has the right to submit a complaint under the provisions concerning statutory warranty (Civil Code). If the Customer is an Entrepreneur, statutory warranty is excluded.
Complaints should be submitted in writing or electronically to the Seller’s contact addresses indicated in these Terms and Conditions.
The Seller will respond to a complaint without delay; for Consumers, no later than 14 days. If the Seller does not respond within 14 days, the Consumer’s complaint is deemed justified.
Products returned under the complaint procedure should be sent to the address provided in §3.
If a warranty is granted for a Product, information and the warranty terms will be included in the Product description in the Store.
§12. Out-of-Court Complaint Handling and Redress
Detailed information on out-of-court complaint handling and consumer dispute resolution is available at the offices and websites of local consumer ombudsmen, social organizations protecting consumers, the Regional Trade Inspection authorities, and at the following websites of the Office of Competition and Consumer Protection:
Examples of out-of-court complaint handling:
The Consumer may submit a request to the permanent consumer arbitration court, as referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended), to resolve a dispute with the Seller.
The Consumer may submit a request to the regional inspector of Trade Inspection under Art. 36 of the same Act, to initiate a mediation procedure for amicable dispute resolution.
The Consumer may seek free assistance from local consumer ombudsmen or social organizations (e.g., Federation of Consumers, Polish Consumers Association).
§13. Personal Data in the Online Store
The data controller of Customers’ personal data collected through the Online Store is the Seller.
Personal data of Customers collected via the Online Store are used for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
Recipients of Customers’ personal data may include:
For Customers using postal or courier delivery – the selected carrier or intermediary executing the shipment on behalf of the Seller.
For Customers using electronic or card payments – the selected entity handling the payment in the Online Store.
The Customer has the right to access their personal data and correct it.
Providing personal data is voluntary, but failure to provide data required under these Terms and Conditions for concluding a Sales Agreement prevents the conclusion of the Agreement.
§14. Final Provisions
Agreements concluded via the Online Store are in the Polish language.
The Seller reserves the right to amend the Terms and Conditions for important reasons, such as changes in law, payment, or delivery methods, to the extent that these affect the implementation of the provisions of these Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
Matters not regulated in these Terms and Conditions are governed by generally applicable Polish law, in particular: the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and the Personal Data Protection Act.
The Customer has the right to use out-of-court complaint handling and dispute resolution. For this purpose, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Design: Proformat
