REGULATIONS
Terms and Conditions of TARANKO E-store
TERMS USED IN THIS DOCUMENT:
1. Seller – Taranko LLC, with registered office in: Gdańsk (80-557), at ul. Marynarki Polskiej 73B, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk - North in Gdańsk, VII Economic Department under KRS number 0000162074, REGON 192903799, NIP 9570857274, with share capital of 100 000.00 PLN. Bank account: Bank Millenium – account number 97 1160 2202 0000 0002 2742 4967;
2. Client – a person who is at least 13 years of age, whereby if the person is under 18 years of age, the consent of their legal representative is required, unless they have full legal capacity, as well as a natural person who enters into a contract of sale in accordance with the terms of these Terms and Regulations as directly related to their business activity, when the purchase made on the basis of the contract of sale is not of a professional nature for this person, resulting in particular from the subject of their business activity, which is confirmed by a statement made by that person in the course of making a purchase in the TARANKO online store, or a legal person, or an organisational unit without legal personality, to which legal capacity is granted by law, which is a user of the TARANKO online store, in particular one who places an order following the terms and conditions specified in these Terms and Regulations;
3. Consumer – a natural person, as well as a natural person who enters into a sales contract in accordance with the conditions of these Terms and Regulations as directly related to their business activity, when a purchase made on the basis of a sales contract is not of a professional nature for that person, resulting in particular from the subject of their business activity, which is confirmed by a statement made by that person in the course of shopping at the TARANKO online store;
4. TARANKO Online Store/ TARANKO E-store/ E-store – an online store operated by the Seller and available at www.taranko.com, where the Client may purchase goods from the Seller;
5. Goods – clothing, jewellery, and other accessories that are movable items, manufactured or supplied by the Seller, presented on the E-store website, which may be the subject of a sales contract;
6. Registration Form – a functionality of the TARANKO online store, by means of which the Client, providing their personal data, can create a user account, by means of which they can purchase goods;
7. Shopping Cart – a list of products compiled from the goods offered in the E-Store on the basis of the Client's choices;
8. Terms and Regulations – the regulations of the TARANKO E-Store;
9. Conformity of the goods with the contract – conformity of the goods with the contract within the meaning of Article 43b of the Consumer Rights Act of 30 May 2014;
10. Act – the act on consumer rights (i.e., Journal of Laws of 2020, item 287 as amended);
11. Personal Data Protection Act – the Act of 10 May 2018 on the protection of personal data (i.e., Journal of Laws of 2019, item 1781);
12. GDPR – Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / W (General Data Protection Regulation);
13. Civil Code – the Act of 23 April 1964; Civil Code (i.e., Journal of Laws of 2022, item 1360);
14. Working days – Monday to Friday, excluding public holidays.
I. GENERAL PROVISIONS
1. E-shop is operated by Taranko LLC, with its registered office in Gdańsk (80-557), ul. Marynarki Polskiej 73B, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk – Northern Gdańsk, VII Economic Department under KRS number 0000162074, REGON 192903799, NIP 9570857274, with share capital of PLN 100 000.00.
2. The Terms and Regulations set out the rules for the use of the TARANKO Online Store available at www.taranko.com, conclusion of contracts for the sale of goods through the E-Store, placing orders for products available in the TARANKO E-Store, delivery of products ordered to the Client, payment by the Client of the sales price of the products and shipping costs, the right to withdraw from the contract, submission and processing of complaints;
3. The Terms and Conditions are addressed to all Clients of the E-Store. The Client is obliged to comply with all provisions of the Terms and Regulations. Sales are made on the basis of the version of these Terms and Regulations in force at the time of placing an order. The Client shall be entitled to use the TARANKO E-Store in accordance with its purpose;
4. The provisions of the Terms and Regulations are not intended to exclude or limit any of the Client's rights under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Regulations and the aforementioned provisions, those provisions shall prevail, and the remaining provisions shall remain in force to the fullest extent permitted by law;
5. The Client may contact the Seller, in particular submit complaints, through the Customer Service Office; e-mail: bok@taranko.com; phone: +48 502 674 883; fax: (58) 342 24 61, by post sent to the Seller's postal address: TARANKO LLC, 80-557 Gdańsk; ul. Marynarki Polskiej 73B. The service operates from Monday to Friday, on working days 8AM–8PM (the call cost in accordance with the operator's charges).
6. All information presented in the E-Store relating to products (including prices), do not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to enter into a contract, as defined in Article 71 of the Civil Code;
7. The price information provided in the e-Store shall be binding from the moment the Client receives the e-mail referred to in the provision of the paragraph 11 item III of the Terms and Regulations containing Confirmation of acceptance of the order for execution. Product prices presented in the TARANKO E-Store are valid when placing an order online at www.taranko.com. When making purchases from TARANKO brick-and-mortar stores, the prices specified for products sold directly at TARANKO brick-and-mortar stores shall apply;
8. Whenever a reduction in the price of goods is communicated, in addition to information about the reduced price, the Seller shall also make visible the information about the lowest price of such goods that was in effect during the 30 days prior to the introduction of the reduction. If a given commodity is offered for sale for a period shorter than 30 days, the Seller shall, in addition to information about the reduced price, also display information about the lowest price of this commodity, which was in effect during the period from the date of commencement of offering this commodity for sale until the date of introduction of the reduction;
9. Images of goods in the E-Store are used to present the specifically indicated models, nevertheless they are for illustrative purposes only;
10. Clients have the opportunity to purchase goods through the E-Store regardless of whether they have registered by completing the Registration Form and creating an account;
11. The condition for effective placing of an order is the provision of accurate address data by the Client, indication of their phone number or e-mail address, making the Seller eligible to contact the Client.
II. SCOPE, RULES AND CONDITIONS OF THE E-STORE USE
1. The condition for using the services of the E-Store is reading and accepting the Terms and Regulations;
2. The Client is obliged to read the Terms and Regulations before placing an order;
3. The Seller shall provide electronic services in the scope of enabling their clients to set up a user account within the E-Store available online at www.taranko.com;
4. The service allows the Client to use the functionality of the E-Store after logging into their client’s panel. Registration of the Client in the E-Store is voluntary and free of charge.
5. The Seller also provides the possibility to place an order without registration;
6. When registering, the Client shall correctly fill in the fields in the Registration Form indicating their personal data, address data including delivery address, and other data necessary for order processing indicated in the Form;
7. The information provided in the Registration Form shall be truthful and up-to-date. In case of providing false or outdated information, the Seller shall not be obliged to execute the Order;
8. The Client may terminate the contract for user account services at any time, without giving any reason and without incurring costs, by sending to the Seller to: bok@taranko.com with a request to remove their user account, indicating their e-mail address currently registered in the E-Store;
9. The Seller declares that in order to ensure the security of communications and data transmitted in the Taranko E-Store, it takes technical and organizational measures appropriate to the degree of danger, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted online;
10. In particular, the Client shall:
11. a) use the services offered by the Seller in a manner that does not cause interference with the operation, functioning of the E-Store, in particular through the use of specific software or devices,
12. b) use the services offered by the Seller in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Regulations, as well as with the customs adopted in a given scope,
13. c) use the services offered by the Seller in a manner that is not onerous for other Clients and the Seller, with respect for their personal rights (including the right to privacy) and other rights to which they are entitled,
14. d) use any content posted within the E-Store only for their own personal use;
15. The Seller may terminate the contract for the provision of user account services with 14 calendar days' notice for valid reasons, which include the Client's use of the Taranko E-Store in a manner that constitutes a violation of the obligations referred to in Section 10 above. The Seller may submit a statement of termination of the user account service agreement to the Client via e-mail to the e-mail address that is currently registered in the E-Store. Termination of the user account service agreement will result in the blocking and deletion of the Client's account in the E-Store;
16. The effective execution of the order is possible only if the goods selected by the Client are available in the Seller's warehouse. The goods are available when the size selection option shows the specific sizes to be selected. The Seller will make every effort to replenish the stock of any of the goods, including the size of the goods, as soon as possible. Out-of-stock goods will be removed from the E-Store without delay;
17. With respect to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002, on the provision of services by electronic means (i.e., Journal of Laws of 2019, item 123).
III. PLACING ORDERS
1. The Client may purchase the goods in the territory of the Republic of Poland by placing an order at www.taranko.com; the orders for goods available in the E-Store are placed by selecting the preferred purchase option. The order is placed by clicking the ‘place order and pay’ button. By placing their order, the Client confirms that they acknowledge that the order entails an obligation to pay.
2. Subject to the other provisions of the Terms and Regulations, the purchase of goods can be made within the European Union through the website available at https://en.taranko.com. In the case of this form of purchase, the Client is offered the following options for the payment for the selected goods: with and through the PayPal Settlement Centre or by a transfer to the account of Taranko LLC, bank account number: 33 1160 2202 0000 0002 0158 4058, SWIFT CODE/BIC: BIGPLPW. The payment for the purchased goods shall be made in EURO in the amount indicated in the Order Confirmation, subject to point IV paragraph 7 of the Terms and Regulations.
3. Indispensable element of the ordering procedure is that the Client has read and accepted the Terms and Regulations, which they confirm by checking the relevant box upon placing the order. Failure by the Client to accept the Terms and Regulations in the course of placing an order prevents them from taking advantage of the opportunity to purchase goods in the E-Store;
4. Another element of the procedure of placing an order by the Client is the provision by the Client of the personal data requested when placing an order in the E-Store, marked as mandatory, and the Client's consent, by checking the appropriate box before finalising the order, to the processing of the Client's personal data provided when placing the order for the purpose of processing the order placed in the E-Store. In each case of making a purchase within the framework of business activity (i.e., in the name of a company), the Client is obliged to make a statement whether the purchase made is of a professional nature for the Client related to their business activity;
5. Placing an order in the E-Store is possible 24 hours a day, every day of the week. The Orders are fulfilled by the Seller within the period indicated in the Confirmation of Acceptance of Order for Fulfilment, and in the event that the order completion date is not indicated, within the estimated period indicated in the selection of a given method of delivery, and in any case this period is no longer than 10 business days from the date of the conclusion of the sales contract in accordance with the provision of 2. V of the Terms and Regulations;
6. In case of payment with the use of Gift Card as the Client's choice of payment when placing an order, the Client is redirected to the payment on the GiftCard platform, available online at www.giftcardsystem.pl;
7. When an order is placed on a business day after 2:00 PM, Saturday, Sunday or other non-working days (Saturdays, Sundays and other holidays), the order processing time shall be extended by the time covering the non-working days, and the indicated order processing time shall run from the next business day after the completed non-working days;
8. When the Client registers a user account in the E-Store, the order is placed by logging onto their E-Store website using the data provided by the Client, upon selecting the colour and size, and adding the goods to the shopping cart, followed by confirmation of the will to place an order with the obligation to pay;
9. When the Client has not registered a user account within the E-Store, the condition for placing an order is to add the goods to the shopping cart, after selecting the colour and size, providing all required data necessary for shipment of goods, and taking other technical actions based on notifications or information displayed to the Client in the E-Store;
10. When the Client submits their order (approval with the ‘place order and pay’ button) constitutes the Client's offer to Taranko LLC to conclude a sales contract in accordance with the Terms and Regulations;
11. upon sending their order in accordance with paragraph 10 above, the Client receives an order confirmation (‘Order Confirmation’) to the e-mail address indicated by the Client in the Registration Form or provided when placing the order. The Order Confirmation is not an acceptance of the Client's offer, it is only a confirmation to the Client that Taranko LLC has received the Client's order. Upon receiving the aforementioned order confirmation, the Seller proceeds to process the Client's order. Once the order has been processed, the Client receives from Taranko LLC a confirmation of acceptance of the order for processing, which constitutes acceptance of the Client's offer by e-mail (‘Confirmation of Acceptance of Order for Processing’) to the e-mail address indicated by the Client in the Registration Form or provided when placing their order. Upon receipt of the aforementioned message containing the Confirmation of Order Acceptance for Fulfilment, the contract of sale of the goods ordered by the Client is concluded by the Taranko LLC acceptance of the offer referred to in paragraph 10, and the execution of the order by Taranko LLC commences.
12. Confirmation of acceptance of the order for execution, sharing, saving, securing all material provisions of the sales contract for the purpose of future access by the Client to such information shall take the form of:
13. a) confirmation of acceptance of the order for execution in the manner indicated in paragraph 11, by including in the content of the e-mail sent by the E-Store the following: information about the ordered goods with an indication of their price, the method and cost of delivery selected by the Client, the method and amount of payment for the entire order selected by the Client, information about the possibility of filing a complaint along with the Complaint Form to be self-downloaded, information about the right to withdraw from the contract along with the Return/Withdrawal Form for self-downloading, information about the content of the Terms and Regulations for self-downloading,
14. b) attach a hard copy to the completed order which will be sent to the address indicated in the Registration Form or when the Client places the order: Order Confirmation, information on the right to withdraw from the contract, along with the Return/Cancelation Form,
15. The lead time indicated in the Order Confirmation is an approximate period counted from the moment the order is accepted for processing until the goods are shipped to the Client via one of the shipping methods indicated in the body of the Terms and Regulations;
16. the Client has the right to cancel their order before receiving from the Seller the Confirmation of acceptance of the order for processing. The statement of intent to cancel the order should be sent by e-mail to the Seller at the following e-mail address: bok@taranko.com;
17. each shipment is accompanied by an order confirmation. An electronic invoice constituting proof of purchase is sent to the e-mail address provided when placing the order. If the Client is a VAT payer and wishes to receive an invoice, when placing an order, they should select the appropriate option and provide all the data necessary;
18. The sale of goods located in the E-Store is conducted online. In order to use the E-Store, including browsing the assortment and placing orders for goods, the following is necessary:
19. a) a computer with access to the Internet network and a web browser, such as Safari, Chrome, Opera, Mozilla Firefox, Internet Explorer,
20. b) an active e-mail account.
IV. PAYMENTS
1. All the prices of goods and shipping costs (delivery) presented are gross prices, i.e., they include taxes, including VAT and are expressed in Polish zloty;
2. The prices of the goods located in the E-Store do not include the cost of delivery of the goods;
3. the price listed next to each of the goods is binding from the moment the Client receives Confirmation of acceptance of the order for execution, referred to in item III paragraph 11 of the Terms and Regulations. Information on the price of the goods, features and essential properties of the goods is available on the E-Store website and is provided next to the goods presented;
4. Shipping costs shall be determined in accordance with the provisions of Section V. Fulfilment of orders and shipping costs and methods of delivery of the goods of the Terms and Regulations;
5. Information on the total amount of order fulfilment including the prices of the goods and shipping costs is presented in the shopping cart after the Client selects the goods and delivery options and the form of payment;
6. the Client has the right to choose the following methods of payment for the ordered goods:
7. a) cash – payment in cash on delivery to a person acting on behalf of the carrier entrusted by the Seller with the delivery of the ordered goods – ‘payment on delivery’,
8. b) bank transfer – paying for the goods before receiving the delivery/order ‘pay by bank transfer’. If the Client chooses the ‘pay by bank transfer’ method, failure to receive payment to the account of Taranko LLC within 3 working days of ordering will result in cancellation of the order. Payments by bank transfer should be made to the Seller's bank account specified in the Order Confirmation in accordance with paragraph 10 item III of the Terms and Regulations. The Client is obliged to include the order number in the title of the transfer to be made. The owner of the account is Taranko LLC, Bank Millenium, account no: 97 1160 2202 0000 0002 2742 4967,
9. c) Credit card or e-transfer – payment settlements are carried out by and through Dot-Pay and Pay-Pal Settlement Centre, according to the rules established by the indicated entities on the websites www.dotpay.pl and www.paypal.com,
10. d) Gift Card – upon selecting this payment option, the Client will be redirected to the GiftCard website, available at www.gitfcardsystem.pl, where they will be able to make payment for the order placed. In order to make payment using a Gift Card, the 20-digit card number and the 3-digit security number located next to the 20-digit number and the PIN code located under the scratch pad next to the aforementioned numbers must be entered on the aforementioned page,
11. e) Pay-Po – payment by means of consumer credits offered through the E-Store by PayPo for Clients who are consumers and intended to finance purchases in the E-Store. The consumer credit contract will be concluded between the Client (as the Borrower), and PayPo (as the Lender). The consumer credit application form is available at www.paypo.pl, where the Client will be redirected after selecting a given form of payment for an order in the E-Store, where the Client submits an application for the conclusion of a consumer credit contract based on the data provided from the E-Store. The Client applies for a consumer credit for the purchase of the goods of their choice, according to the rules set by the operator of this payment method, in this case PayPo. If the credit procedure is successful, Taranko LLC will proceed with the processing of the order and then confirm its acceptance for processing,
12. When, in the course of order processing by the Seller, it turns out that the quantity of available goods or the order price given in the Shopping Cart at the time of placing the order by the Client on the website of the TARANKO Online Store is the result of an error in the operation of the E-Store system or any other system supporting the online store system, the Seller shall inform the Client thereof in the electronic manner at the e-mail address indicated by the Client given in the Registration Form or when placing the order, giving the correct quantity of available goods, price and shipping costs, while the condition of Acceptance of the order for processing by the Seller shall be confirmation by the Client of placing the order on the terms and conditions resulting from the Seller's information. If the Client does not confirm the placement of the order on the terms resulting from the Seller's information within 7 calendar days from the receipt of this information, the Seller shall cancel the order and refund the payments made by the Client immediately, but no later than within 14 calendar days from the date of cancellation;
13. promotions in the TARANKO Online Store are not to be combined;
14. the total amount of the order shall mean the amount that the Client is obliged to pay, which consists of the price of the summed items for the ordered goods and the cost of shipping;
15. detailed rules for the use of the Gift Card are set out in the regulations of the Gift Card, which is available on the Seller's website www.taranko.com, at: https://taranko.com/pl/80-karty-upominkowe.
16. The Seller reserves the right to exclude the form of payment on delivery (cash on delivery) to the Client who fails to collect two consecutive orders paid on delivery. Restoration of the form of making payment on delivery (payment on delivery) for a given Client shall take place after placing and collecting another order paid in a different manner than on delivery.
V. EXECUTING ORDERS, DISPATCH COSTS AND METHODS OF DELIVERY
1. Upon receipt by the Seller of the confirmation of order placement by the Client in accordance with the provision of paragraph 11 item III of the Terms and Regulations, and the Seller's confirmation of acceptance of the order for processing, in accordance with the provision of paragraph 11 item III of the Terms and Regulations, the Seller's order fulfilment process begins;
2. The order processing time, including delivery to the Client, shall be up to 10 working days from the date of conclusion of the sales contract for orders processed within the territory of the Republic of Poland, and shall depend among other things on the payment and delivery method selected by the Client. The deadline indicated in the first sentence of this paragraph may be exceeded for reasons related to possible difficulties in the execution of the order resulting from reasons beyond the Seller's control, of which the Seller shall immediately inform the Client in the form of an e-mail message to the e-mail address indicated by the Client when placing the order;
3. the cost of shipping of the goods shall be borne by the Client and added to the price of the selected goods. The cost of shipment depends on the choice of the method of shipment and the place of delivery, in accordance with the price lists used by the carrier to be found online at www.taranko.com in the DELIVERY tab and at https://taranko.com/taranko/pl/dostawa/
4. Goods are delivered to the address indicated by the Client on the territory of the Republic of Poland via Poczta Polska, courier companies selected by Taranko; and to brick-and-mortar stores of the TARANKO brand according to the choice of delivery method by the Client. Orders placed with pickup at a selected Taranko brand store, must be collected within 7 days of delivery to a Taranko brand store selected by the Client. The Client will be informed via email about the fact that the shipment has been delivered to the Taranko brand store selected by the Client. In the event that the order is not collected from the Taranko brand store selected by the Client within the period indicated above, the order will be returned to the Seller's warehouse. The Seller informs that detailed information on the form and cost of shipment of goods and approximate time of shipment are provided in the E-Store available online at https://taranko.com/taranko/pl/dostawa/.
5. In the case of delivery of Client's orders outside the borders of the Republic of Poland, delivery is made only by the following companies: DPD and Poczta Polska, and the expected delivery time is determined by the carrier, depending on the country of destination, and is up to 10 working days. This period may be subject to change due to circumstances on the part of the carrier, over which the Seller has no control. The Seller provides for the possibility of delivery of goods only to selected countries, as indicated online at: https://taranko.com/taranko/pl/dostawa/. The Seller informs that the exact shipping costs of the goods outside the Republic of Poland are presented online at https://taranko.com/taranko/pl/dostawa/. The above links are located in the Shopping Guide/Delivery tab on the website www.taranko.com.
6. The Client receiving the shipment with the order should immediately check the condition of the shipment: in the presence of the courier delivering the shipment or when collecting it from the parcel machine/pick-up point. In the case of damaged shipment found in the presence of the courier of the shipping company, the Client shall deal with the damage to the shipment with the courier according to the procedures and rules of the shipping company carrying out the delivery of the Client's order. In case the parcel is found damaged after its collection from the courier or after collection from the parcel machine/pick-up point, the Client should immediately contact the Seller in the manner indicated in I item 4 of the Terms and Regulations;
7. The maximum order processing time shall amount to 30 business days. After this date the Client is entitled to cancel the order by sending a statement to the Seller via e-mail to: bok@taranko.com;
8. orders in the E-Store are processed by the Seller according to the order in which they are received.
VI. RIGHT TO WITHDRAW FROM SALES CONTRACT
1. The rights and obligations of the Client contained in this section of the Terms and Regulations, i.e. item VI ‘Right of withdrawal from the contract – returns’ – apply only to the Customer within the meaning of the Act, as well as to a natural person who concludes a sales contract in accordance with the conditions of the Terms and Regulations as directly related to their business activity, when the purchase made on the basis of the sales contract is not of a professional nature for this person, resulting in particular from the subject of their business activity, which is confirmed by the statement made by this person during the purchase in the E-Store;
2. A client who is a Consumer in accordance with the Act, as well as a natural person who concludes a contract of sale in accordance with the conditions of the Terms and Regulations, as directly related to their business activity, when the purchase made on the basis of the contract of sale is not of a professional nature for this person, resulting in particular from the subject of their business activity, as confirmed by a statement made by this person when making a purchase in the E-Store, may withdraw from the contract of sale of goods concluded through the E-Store at a distance without giving any reason by making a statement to that effect in writing or by e-mail within 30 calendar days from the date of purchase of the goods, i.e. receipt of a message confirming the acceptance of the order for execution, after which the contract of sale of the goods ordered by the Client shall be concluded. To meet the above deadline, it is sufficient to send the statement of withdrawal before its expiration. Information about the right to withdraw from the contract is provided to the Client in the course of the ordering procedure, in addition, it can be found in the Confirmation of Acceptance of Order for Processing referred to in pt. III item 11 of the Terms and Regulations and on the Return - Withdrawal Form transmitted together with the goods to the Client;
3. The above right may be exercised by the Client by sending a written statement of withdrawal from the contract of sale to the address: Taranko LLC E-Store (80-557 Gdansk, ul. Marynarki Polskiej 73B, or directing the statement via e-mail.
4. The return form – withdrawal from the contract is available online in the E-Store in the ‘Shopping Guide – Return’ tab (download the form), available online at: https://taranko.com/taranko/pl/zwrot/ and is in a form that allows its downloading, saving and printing. In the case of withdrawal from the contract of sale of goods concluded at a distance, the contract is considered as not concluded, and the Client is released from all the obligations.
5. In the event that the Client submits a statement of withdrawal from the contract in a form other than written, the Seller shall immediately confirm to the Client via e-mail address (provided when placing the order or other if provided in the submitted statement) receipt of the statement of withdrawal referred to above;
6. the Seller shall immediately, but no later than within 14 calendar days from the date of receipt of the Client's statement of withdrawal from the sales contract, return to the Client the payments made by the Client, including the costs of delivery of the goods, except for additional costs resulting from the method of delivery of the goods chosen by the Client other than the least expensive, ordinary method of delivery offered by the Seller in the E-Store. The Seller shall not bear the cost of returning the goods by the Client to the TARANKO E-Store;
7. the Seller shall refund the payment using the same method of payment used by the Client. In case of cash on delivery payment, the Client is obliged to provide the bank account number in the Return Form to which the payment shall be returned. In case of payments made using the Taranko Gift Card, the refund is made only to a newly issued Taranko Gift Card, exclusively for this purpose, valid for 12 months after the refund has been made. The Taranko Gift Card issued in connection with the refund will be credited with an amount corresponding to the value taken from the Gift Card with which the Client made payment for the goods. If payment is made using the Gift Card and another payment method indicated in these Terms and Conditions, i.e. in Section IV Item 6 ‘Making payments’, the Seller will first refund the payment to the newly issued Taranko Gift Card for this purpose, and subsequent refunds of payments using the same method of payment used by the Client.
8. The Client is obliged to return the goods to the Seller immediately, but no later than within 14 calendar days from the date on which the Client withdrew from the contract of sale. To meet the deadline, it is sufficient to return the goods before its expiration. The Client shall bear the cost of returning the goods to the E-Store.
9. The least expensive, ordinary method of delivery of goods to the Client provided for orders within the territory of the Republic of Poland is InPost (parcel machine) with prepayment for the goods, and outside the borders of the Republic of Poland in accordance with pt. V item 5 of the Terms and Regulations;
10. If the Client has chosen a method of delivery of goods other than the least expensive, ordinary method of delivery indicated in paragraph 9 above, the Seller shall not be obliged to reimburse to the Client the additional costs incurred by the Client, being the difference between the least expensive method of shipment and the actual cost incurred by the Client. Detailed shipping costs of goods outside the Republic of Poland presented in the E-Store, in the ‘Shopping Guide/Delivery’ tab, at https://taranko.com/taranko/pl/dostawa/.
11. the Seller declares that they are entitled to withhold reimbursement of payments received from the Client under the sales contract in the event of their withdrawal from the contract until receiving the goods back or the Client provides evidence of the return of the goods sent at bok@taranko.com.
12. The goods returned by the Client should be packed in a suitable manner to ensure no damage during transportation, and if possible, the goods should be wrapped in the original packaging. The goods shall be returned with complete equipment, the original tag attached to the goods and accessories as well as the documents issued at the time of sale to the following address: Taranko LLC ‘E-Store’, 80-557 Gdansk, ul. Marynarki Polskiej 73B;
13. The Client shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods;
14. in accordance with Article 38 of the Act – the right of withdrawal from a contract concluded remotely does not apply to the Consumer in respect of, among other things, contracts for:
15. a) the provision of services for which the Consumer is obliged to pay the price if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract and has accepted it,
16. b) in which the subject of performance is a non-refabricated good, produced to the Consumer's specifications or serving to meet their custom needs,
17. c) in which the subject of performance is goods that are perishable or have a short shelf life,
18. d) in which the subject of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery,
19. e) in which the subject of the service are goods that after delivery, due to their nature, become inseparably connected with other things.
20. f) the provision of services for which the Consumer is obliged to pay the price, where the Consumer expressly requested the trader for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
21. The above shall also apply to an individual who concludes a sales contract in accordance with the terms of the Terms and Regulations as directly related to their business activity, when the purchase made on the basis of the sales contract is not of a professional nature for this person, arising in particular from the subject of their business activity, as confirmed by the statement made by this person in the course of making purchases in the E-Store.
VII. COMPLAINTS
1. The Seller's liability under the contract of sale to the non-consumer Client:
2. a) due to physical or legal defects of the goods under the provision of Article 558 § 1 of the Civil Code is completely excluded,
3. b) the Seller's liability covers only the actual damage and is limited to the value of the order,
4. c) does not apply to the actions or omissions of third parties, including suppliers, couriers or others for whose actions or omissions the Seller is not responsible,
5. d) in terms of benefits and burdens, along with the danger of accidental loss of or damage to the goods are transferred to the non-consumer Client, at the moment of the entrustment by the Seller to a carrier (courier company) engaged in the carriage of things of this nature, for the purpose of its delivery to the non-consumer Client. The Seller in such case is not responsible for the action or omission of the carrier (courier company), in particular for loss, defect or damage to the goods arising from the moment of acceptance of the goods for transport until delivery to the non-consumer Client, as well as for the delay in transporting the consignment;
6. contained in this section of the Regulations, i.e. sec. VII ‘Complaints’ in paragraph 3 et seq. provisions concerning the Seller's liability for non-compliance of the goods with the contract shall apply only to the non-consumer Client within the meaning of the Act, as well as the natural person who concludes a sales contract in accordance with the conditions of the Terms and Regulations as directly related to their business activity, when the purchase made on the basis of the sales contract is not of a professional nature for this person, resulting in particular from the subject of their business activity, as confirmed by the statement made by this person during the purchase in the E-Store. For the purposes of section VII, the term ‘Client’ shall be understood solely as a Consumer, as defined in this paragraph.
7. The Seller as a seller shall be liable to the Client for the lack of conformity of the goods with the contract under the terms of the Act and other generally applicable laws;
8. the Seller shall be liable for non-conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time;
9. The Seller shall not be liable for non-conformity of the goods with the contract if the Client, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract and expressly and separately accepted the lack of a specific feature of the goods.
10. For the avoidance of doubt, it is stated that none of the provisions of the Terms and Regulations shall limit the rights of the Client which he is entitled to under the provisions of the law in force in the Republic of Poland;
11. a complaint should be reported by completing the ‘Complaint Form’, delivered to the Client together with the goods or available on the E-Store website in the ‘Shopping Guide / Complaints’ tab available online at https://taranko.com/taranko/pl/reklamacje/, send back the completed form, along with the advertised goods and proof of purchase (e.g., receipt or invoice) to the following address: Taranko LLC ‘E-Store’ 80-557 Gdańsk, ul. Marynarki Polskiej 73B;
12. The Seller shall respond to the complaint submitted by the Client within 14 calendar days from the date of receipt of the Client's complaint, and undertakes to inform the Client about the actions taken via e-mail to the e-mail indicated by the Client;
13. if in the Complaint Form the Client does not indicate the required information or documents necessary for the Seller to consider the complaint, the Seller will request the Client via email to immediately supplement the data necessary for the complaint processing;
14. if the goods are not in conformity with the contract, the Client may demand their repair or replacement.
15. the Seller may make a replacement when the Client demands repair, or the Seller may make a repair when the Client demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the Client is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. In assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the Client resulting from the change in the manner of bringing the goods into conformity with the contract.
16. The Seller shall repair or replace the goods within a reasonable time from the moment the Seller is informed by the Client of the non-conformity with the contract, and without undue inconvenience to the Client, taking into account the nature of the Goods and the purpose for which the Client purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labour and materials, shall be borne by the Seller.
17. if the goods are inconsistent with the contract, the Client may submit a statement of price reduction or withdrawal from the contract when:
18. the Seller refused to bring the goods into conformity with the contract;
19. the Seller has failed to bring the goods into conformity with the contract;
20. the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
21. the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first using the means of protection specified in paragraph 9;
22. it is clear from the Seller's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Client.
23. the reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
24. The Seller shall return to the Client the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Client's statement on price reduction.
25. The Client may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
26. If the non-conformity with the contract applies only to some of the goods delivered under the contract, the Client may withdraw from the contract only with respect to these goods, as well as with respect to other goods purchased by the Client along with the non-conforming goods, if the Client cannot reasonably be expected to agree to keep only the non-conforming goods.
27. In the event of withdrawal from the contract, the Client shall immediately return the goods to the Seller at their own expense. The Seller shall return the price to the Client immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
28. The Seller shall refund the price using the same method of payment used by the Client, unless the Client has expressly agreed to a different method of refund that does not involve any costs.
29. the cost of delivering the complained goods to the Seller, and in the case of a successful complaint, also the cost of sending the goods to the Client shall be borne by the Seller.
VIII. CONDITIONS CONCERNING PURCHASING AT TARANKO ONLINE STORE BY PHONE AND E-MAIL (the ‘Conditions’)
1. The clients of Taranko LLC are presented with the opportunity to make purchases through the following distance sales channels:
2. a) through the online store form on the terms and conditions described in the TARANKO Online Store Regulations, or
3. b) via the TARANKO dial line – phone number + 48 502 674 883, following the terms and conditions as specified in the TARANKO Online Store Regulations and these Terms and Regulations, unless otherwise stated herein, or
4. c) via email address: bok@taranko.com, following the terms and conditions described in the TARANKO Online Store Terms and Conditions and set forth in these Terms and Regulations, unless otherwise stated herein Placing orders via telephone or email address:
5. Before using the option to make purchases via telephone or e-mail address, the Client shall, in any case, read the TARANKO E-Store Regulations available online at www.taranko.com and these Terms and Regulations;
6. TARANKO shall provide services in accordance with the Terms and Regulations, as well as the Conditions;
7. an active e-mail address and telephone number are required to place an order. By placing an order by phone or e-mail, one accepts the terms of the Terms and Regulations and the Conditions. If one does not accept the Terms and Regulations, as well as the Conditions, one should discontinue the telephone call or, in the case of an order placed by e-mail, the Client should provide information regarding disagreement with the terms of the Terms and Regulations or the Conditions;
8. phone orders may be placed on business days from Monday to Friday (8AM-8PM);
9. orders via e-mail may be placed 24 hours a day, with confirmation and processing taking place on business days, from Monday to Friday (8 AM – 8 PM);
10. In order to improve the process of client service, before making a phone call or placing an order via e-mail address, the clients are asked to prepare or indicate in the message the reference numbers of the goods they wish to order (the number is located under the name of the goods on the card of the product in question and looks like this ‘Ref. No. M0SK04’). Each product has a separate reference number, the number presented in this description is for reference purposes only;
11. to place an order by phone, one must make a phone call to + 48 502 674 883. During a call, one will be informed about the most important rules regarding the processing of one’s personal data with TARANKO providing detailed information in this regard. Detailed information on the terms and regulations of TARANKO's processing of personal data can be found on the website available at www.taranko.com, in ‘Privacy Policy’ tab. If the Client does not consent to the processing of their personal data, they should immediately disconnect;
12. In order to place an order via e-mail, it is necessary to direct to the e-mail address: bok@taranko.com the information regarding the goods the Client wishes to order, indicating the reference number of the goods, size and quantity and personal data indicated in paragraph 9 below;
13. The personal data necessary for the execution of an order placed by telephone +48 502 674 883 or e-mail address bok@taranko.com are as follows: the Client's name, the address to which the order is to be delivered, phone number and e-mail address to which the order confirmation will be sent;
14. during a phone call with a TARANKO consultant, the Client will be asked to choose the method of delivery of the order and the method of payment for the order offered by TARANKO. In case of an order placed via email, the Client should indicate the selected method of delivery and payment for the order in the order;
15. the available methods of delivery of goods are listed in the Terms and Regulations (section V);
16. in case of orders made by phone at + 48 502 674 883 or via e-mail bok@taranko.com, it is possible to make payment for the order only:
17. a) in cash, to a person acting on behalf of the carrier entrusted by the Seller with the delivery of the ordered goods (payment on delivery), or
18. b) by bank transfer before delivery (payment before shipment of the order);
19. upon completion of a phone call at + 48 502 674 883 or after the Client sends the order to the e-mail address bok@taranko.com, an order confirmation will be sent to the e-mail address indicated by the Client;
20. If the Client selects a payment method prior to shipment of the order, the order placed will await payment for 24 hours and/or the order placed on the last business day before a holiday will await payment until the first business day after the holiday after TARANKO has set up the order in the system. After this time, the order will be automatically cancelled. The order will be forwarded for processing and shipment within 72 h after payment;
21. If the Client chooses the cash on delivery payment method, the order will be transferred for processing and shipment within 72 h after the order is placed;
22. other rules of order processing, including, in particular, on withdrawal from the contract, returns, complaints or dispute resolution, are in the Terms and Regulations;
23. With respect to orders placed by phone or e-mail, the Terms and Regulations, along with the Conditions shall apply;
24. the definitions contained in these Terms and Regulations shall have the meaning given in the body of the Terms and Regulations, unless otherwise stated herein;
25. with respect to services provided electronically, these Terms and Regulations, along with the Conditions shall be the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2019, item 123).
IX. DISPUTE RESOLUTION
1. The Seller informs that in the event of a dispute, in addition to the possibility of judicial enforcement of rights, there is the possibility of using out-of-court means of processing complaints and assertion of rights;
2. Out-of-court means any method that makes it possible to resolve a conflict through the intervention of a third party, proposing or imposing a solution. Extrajudicial instruments may be established by public authorities, legal professionals, professional groups or civil society organizations (examples: consumer ombudsman, consumer organizations, arbitration court). Information on how to access the aforementioned dispute resolution procedures and procedures, can be found online at the following address: www.uokik.gov.pl, in the ‘Consumer Dispute Resolution’ tab;
3. In order to get acquainted with the rules of access to these procedures, one should contact the concerned body and/or entity authorised to conduct out-of-court modes of handling complaints and pursuing claims;
4. the Seller informs that the aforementioned information does not exclude or limit in any way the Client's ability to choose and use judicial or extrajudicial means of dispute resolution, or entities conducting such procedures. The list of methods or entities indicated in the above provisions is exemplary and non-exhaustive, and does not limit or exclude any rights of the Client.
X. NEWSLETTER
1. Clients may agree to receive the Newsletter provided by the Seller. The Newsletter is sent via text message (SMS-Newsletter) or e-mail (E-mail-Newsletter) indicated by the Client;
2. The Newsletter is sent only to the Clients who have ordered the Newsletter by checking the appropriate box when placing orders in the E-Store, separate for each form of Newsletter made available by the Seller, i.e., SMS-Newsletter or E-mail-Newsletter, and who have agreed to receive commercial information within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (consolidated text Journal of Laws of 2019, item 123);
3. As part of the offered SMS Newsletter and E-mail Newsletter services, information about news and attractive offers of the Seller is sent to the phone number and e-mail address provided by the Client, respectively. SMS-Newsletter and E-mail-Newsletter are sent free of charge;
4. The Client may resign from receiving the Newsletter at any time, without giving any reason and without incurring additional costs.
5. Detailed rules for the use of the Newsletter service are contained in the Taranko Newsletter Service Regulations available at: https://taranko.com/taranko/wp-content/uploads/2022/11/2022.11.14-regulamin-Newsletter-TARANKO.pdf
XI. PROTECTION OF PERSONAL DATA
Pursuant to Article 13.1 and section 2 of GDPR, the Seller informs that:
1. the Client's personal data will be processed in accordance with the Privacy Policy available at www.taranko.com, in the ‘Privacy Policy’ tab;
2. the controller of the Client's personal data is Taranko LLC, with its registered office in 80-557 Gdańsk, ul. Marynarki Polskiej 73B, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, under KRS number 0000162074, REGON: 192903799, NIP: 9570857274;
3. Personal data shall be processed for the purpose of executing and handling of the order placed by the Client in the E-Store, issuing a proof of sale, shipment of goods, possible return and/or complaint, as well as for the purpose of fulfilling the Seller's obligations arising from applicable regulations, in particular tax and accounting regulations, as well as the investigation and defence of claims related to the execution of the order, i.e. on the basis of: Article 6(1)(b), (c) and (f) GDPR,
4. If the Client gives consent to receive the Newsletter, their personal data shall be processed for marketing purposes, on the basis of Article 6(1)(a) of GDPR,
5. Provision by the Client of personal data to the extent necessary for the execution of the order is voluntary, however, it is a necessary condition for using the services of the E-Store. Providing personal data and expressing consents related to receiving the Newsletter is completely voluntary;
6. The Client's personal data will be processed for the period necessary for the execution and handling of the order and the statute of limitations for claims related to it. Personal data provided by the Client for marketing purposes (Newsletter mailing), will be processed until the Client revokes their consent to the processing of personal data for this purpose;
7. The Client’s personal data will be transferred to the following recipients: persons authorised to process personal data on the basis of an entrustment agreement concluded with the Seller (including cooperating: law firms, personnel and accounting offices, IT service providers, E-Store service providers, couriers) and entities authorized under applicable laws;
8. The Client has the right of access to the content of its data and the right to rectify, delete, limit processing, the right to data portability and the right to object. In detail, the scope of each of the above-mentioned rights and the situations in which they can be exercised are indicated in Article 15-22 of the GDPR;
9. The Client has the right to withdraw consent to the processing of personal data at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal;
10. The client has the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection when they consider that the processing of their personal data violates the applicable regulations on personal data protection;
11. the Seller informs that it uses services and technologies offered by entities such as: Facebook, Microsoft, Google, which are based in the United States. The entities referred to in the preceding sentence are certified by the Privacy Shield and use the standard contractual clauses approved by the European Commission and guarantee that they will comply with the high standards of personal data protection that apply in the European Union, so the use of their services and technologies in the processing of personal data is lawful;
12. the E-Store website uses ‘cookies’ which are computer data, in particular test files. These files are stored on the E-Store User's terminal equipment.
Two types of ‘cookies’ files are used:
1. session files – temporary files stored on the E-Store user's terminal equipment until the user leaves the website or shuts down the web browser,
2. permanent – stored on the user's end device for the time specified in the parameters of ‘cookies’ or until they are deleted by the user;
Cookies are used for the purpose of:
1. session files – temporary files stored on the E-Store user's terminal device until the user leaves the site or shuts down the web browser,
2. permanent – stored on the user's end device for the time specified in the parameters of ‘cookies’ or until they are deleted by the user;
‘Cookies’ are used for:
1. website configuration,
2. authentication of the user on the site and ensuring user session on the site,
3. execution of processes necessary for full functionality of the website,
4. analysis and audience research,
5. ensuring security and reliability of the site,
6. implementation of marketing operations.
The E-Store website uses ‘cookies’ files, which collect various information that, as a rule, do not constitute personal data (they do not allow for the identification of a given user). They allow the creation of profiles through which the Seller evaluates one’s preferences, on the basis of which notifications are sent to offer to buy products. However, some information, depending on its content and use, may be associated with a specific person and thus be considered personal data;
13. the E-Store website uses a Marketing Automation-type tool that collects user data for the purposes of the Site Administrator. The collection of the aforementioned data, is aimed at facilitating purchases suitable for one’s user profile. Therefore, it should be borne in mind that this type of data processing carries with it an analysis of the User's or Client's profile, in order to determine what his preferences are and, consequently, what products and services best suit one’s style, in order to send the information that is appropriate for an individual or to suggest products that we think may be of interest. If one does not wish to accept cookies, one can set your browser settings to refuse their acceptance. However, one should note that some features may become unavailable. Cookies do not store information constituting personal data of Users or Clients. Cookies placed on the user's terminal device may also be used by advertisers and partners cooperating with the Seller, in particular for the use of tools such as Google Analytics, Google AdWords, RTB House, Hotjar, Facebook;
14. any questions related to the processing and protection of personal data, please send an e-mail to: taranko@taranko.com.
XII. FINAL PROVISIONS
1. The recognition of individual provisions of these Terms and Regulations in a manner provided by law as invalid or ineffective, shall not affect the validity or effectiveness of the remaining provisions of the Terms and Regulations. The invalid provision will be replaced by the rule that is closest to the purposes of the invalid provision and these Terms and Regulations as a whole;
2. The Seller reserves the right to amend these Terms and Regulations at any time. Amendments to the Terms and Regulations shall be effective from the moment they are explicitly indicated and posted on the E-Store website; nevertheless, the regulations contained in the Terms and Regulations previously in force shall apply to sales contracts concluded before the amendment of the Terms and Regulations;
3. The current Terms and Regulations are published on the E-Store website, in the ‘Policy’ tab;
4. the Seller is not responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Client, and for the deletion and blocking of e-mail messages by software installed on the computer used by the Client;
5. to the extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions, in the functioning of the TARANKO Online Store caused by force majeure, unauthorized actions of third parties or incompatibility of the TARANKO Online Store with the Client's technical infrastructure.
The Terms and Regulations shall enter into force on 1 January 2023.