Terms and Conditions of TARANKO E-store
TERMS USED IN THIS DOCUMENT:
1. Retailer – Taranko Limited Liability Company with its registered offices in Gdańsk (80-557) at ul. Marynarki Polskiej 73b, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division, under KRS No. (National Court Register No.) 0000162074, having REGON No. (Statistical ID No.) 192903799, and NIP No. (Tax ID No.) 9570857274, with share capital of PLN 100,000.00. Bank account: Bank Millennium 97 1160 2202 0000 0002 2742 4967.
2. Customer – a person who is at least 13 years old; however, if the person is under 18 years old, the consent of their legal representative is required, unless they have full legal capacity, and also a legal person or an organizational unit without legal personality, to whom the law confers legal capacity, using the E-Store, in particular who, on the principles set out in this Terms and Conditions, submits an order.
3. Consumer – a natural person who performs a legal transaction with the entrepreneur not directly related to their economic or professional activity.
4. Online store/ Taranko E-Store/E-Store – an online store run by the Retailer available online at www.e-taranko.com, in which the Customer may purchase Merchandise from the Retailer;
5. Merchandise – clothes, jewellery and other accessories being movable items manufactured or delivered by the Retailer, presented in the E-Store, which may be subject of a sales contract;
6. Registration Form – the functionality of the Taranko E-Store, through which the Customer, with the use of their personal data, may create a user account allowing for purchasing Merchandise;
7. Shopping Cart – a list of products offered in the E-Store selected by the Customer.
8. Terms and Condition – this Terms and Conditions of the Taranko E-Store.
9. Defect – both physical and legal defect.
10. Act – the Act of 9 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2019, item 134);
11. Act on personal data protection – the Act of 10 May 2018 on personal data protection (Journal of Laws of 2018, item 1000);
12. GDPR – General Data Protection Regulation: the Regulation of the European Parliament and the Council of the European Union of 27 April 2016 on the protection of individuals in relation to the processing of personal data and on the free movement of such data and the repeal of the Data Protection Directive 95/46/EC (General Data Protection Regulation).
13. Civil Code – the Act of 23 April 1964. Civil Code (consolidated text, Journal of Laws of 2019, item 1145).
The provisions of this Terms and Conditions are by no means intended to exclude or limit any of the Customer’s rights under mandatory provisions of law. In the event the provisions of this Terms and Conditions are inconsistent with the foregoing provisions, the provisions of law shall prevail and the remaining provisions shall remain in force to the fullest extent permitted by law.
I. GENERAL PROVISIONS
1. E-Store is run by Taranko Limited Liability Company with its registered offices in Gdańsk (80-557) at ul. Marynarki Polskiej 73b, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division, under KRS No. (National Court Register No.) 0000162074, having REGON No. (Statistical ID No.) 192903799, and NIP No. (Tax ID No.) 9570857274, with share capital of PLN 100,000.00.
2. This Terms and Conditions governs the use of the E-Store available online at www.e-taranko.com, the conclusion of sale contracts of Merchandise through the Online Store,
ordering products available at the Taranko E-Store, delivery of ordered Merchandise to the Customer, payment by the Customer for the Merchandise and delivery costs, the right to withdraw from the contract, and the right to lodge and process complaints.
3. This Terms and Conditions is addressed to all the Customers of the E-Store. The Customer is obliged to comply with all the provisions of this Terms and Conditions. Sales take place on the basis of the version of the Terms and Conditions, which is in force at the time of placing an order. The Customer is authorized to use the Taranko E-Store in accordance with its intended use.
4. The Customer may contact the Retailer, in particular to lodge a complaint, via the Customer Service Department available at firstname.lastname@example.org, telephone: +48-502-674-883, fax: 58-342-24-61, or by post addressed to the Retailer. The Customer Service Department works on business days, from Monday to Friday 8:00 AM to 4:00 PM (operator’s rates apply.)
5. All the information in the E-store related to our products (including prices), does not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to treat specified in Article 71 of the Civil Code.
6. The Price information quoted in the E-store is binding from the moment the Customer receives an acknowledgement e-mail confirming receipt of their order, as referred to in Clause III point 8. of this Terms and Conditions. After the effective placement of an order, the price shall not change regardless of alterations of price in the E-Store, which may occur in relation to individual pieces of Merchandise.
7. Images of Merchandise in the E-Store are for the purpose of presentation specific models of Merchandise.
8. Customers may purchase Merchandise in the E-Store regardless of whether they have made Registration involving completing Registration Form and creating a profile.
9. The condition for an effective placement of an order is for the Customer to provide accurate address and indicate their telephone number or e-mail address for contact purposes.
II. SCOPE, RULES AND CONDITIONS OF THE E-STORE USE
1. The condition for using the services of the E-Store is to read and accept this Terms and Conditions. The Customer is obliged to get acquainted with the contents of this Terms and Conditions before placing an order.
2. The Retailer provides services by electronic means in the scope, which makes it possible for the Customer to create a user account in the E-store available at www.e-taranko.com.
3. The service provided makes it possible for the Customer to use the functionality of the E-Store after logging in. Customer’s registration in the E-store is voluntary and free-of-charge.
4. To register, the Customer fills in the proper fields the Registration Form with their personal data, address for delivery, and other data necessary for execution of the order, as indicated in the Form.
5. The information provided in the Registration Form must be accurate and up-to-date. In case of providing inaccurate or out-dated information, the Retailer shall not be obliged to execute the Order.
6. The Customer may terminate a User account at any time, without disclosing a reason or without incurring costs by sending to the Retailer a request to have their user account removed via e-mail at email@example.com with indication of the Customer’s e-mail address, which was used for the registration purpose in the E-Store.
7. The Retailer declares, that in order to ensure the security of the messages and data transmitted in the E-Store, Taranko will undertake technical and organisational measures adequate to the level of risk, in particular such measures that would prevent unauthorized persons from acquisition and modification of personal data transmitted online.
8. The Customer is obliged in particular to:
a) use the services offered by the Retailer in a manner that does not cause disturbances in the functioning of the E-Store, in particular due to the use of specific software or hardware;
b) use the services offered by the Retailer in accordance with the regulations in force on the territory of the Republic of Poland, the provisions of this Terms and Conditions, and the customs adopted in this respect;
c) use the services offered by the Retailer in a manner that does not disturb other Customers and the Retailer, with respect to their personal rights (including their right to privacy) and other;
d) use any contents posted in the E-store for personal use only.
9. The Retailer may terminate a user account with a 14-day notice for substantial reasons, which include use of the E-Store in a manner that constitutes an infringement of the obligations as indicated in point 8 above. The Retailer may present the Customer with a statement on cancellation of their user account via e-mail sent to the e-mail address currently registered in the E-Store. The cancellation of user account will result in blocking and deleting of the Customer’s account in the E-Store.
10. An effective placing of order is only possible if the Merchandise selected by the Customer for purchase is available in the Retailer’s warehouses. The Merchandise is available when there are specific sizes indicated as available in the size selection panel. The Retailer shall make every effort to restock any Merchandise or the sizes of any Merchandise in the shortest possible time. Merchandise not available in the warehouses will be removed from the E-Store.
11. With respect to the services provided by means of electronic communications, this Terms and Conditions is the regulations referred to in Article 8 of the Act of 18 July 2002 on providing services by electronic means (consolidated text: Journal of Laws of 2019, item 123).
III. PLACING ORDERS
1. The Customer may purchase the Merchandise by placing an order. The orders for Merchandise available in the E-Store are placed by selecting preferred purchase option. The order is placed by clicking the ‘Confirm purchase with payment obligation’ button. By placing order, the Customer confirms that they are aware it entails the obligation of payment.
2. Reading and accepting the Terms and Conditions is necessary for placing an order. This action is confirmed by the Customer by ticking an appropriate box before they place an order. The lack of acceptance by the Customer of this Terms and Conditions in the course of placing their order prevents the Customer from purchasing the Merchandise in the E-Store.
3. The subsequent element of the order procedure is for the Customer to provide their personal data, as indicated during the process of placing an order in the E-Store, in the fields which are marked as obligatory, as well as their consent for processing the Customer’s personal data which they have provided in the order form to execute the order placed in the E-store.
4. The Customer may place their orders in the E-Store 24 hours a day, 7 days a week. The orders are processed by the Retailer within 72 hours from: the moment of registering the Customer’s payment, the moment of placing an order with ‘pay on delivery’ option, and in the case of payment for an order with a Gift Card, from the moment of delivery of the Gift Card to the Retailer’s offices. If order is placed on a working day after 2 PM, Saturday, Sunday or other days that are free from work (Saturdays, Sundays and public holidays), its completion time is extended by the time covering free days and the indicated order completion date runs from the first business day following the holiday.
5. If the Customer registers user account in the E-Store, they can place their order by logging in to the E-Store with the use of the data they provided, after selecting the right colour and size of
Merchandise, placing them into the Shopping Cart and confirming their will to place order with obligation of payment.
6. If the Customer has not registered their user account in the E-Store, the condition for placing order is to add the Merchandise, after selecting the right colour and size, to the Shopping Cart, provide all the required data for dispatch of the Merchandise and undertake other technical actions based on the notifications or other type of information displayed to the Customer in the E-Store.
7. Placing order by the Customer (an action of clicking the ‘Confirm purchase with payment obligation’ button) is the Customer’s offer submitted to Taranko Limited Liability Company for the conclusion of sales contract, in accordance with the provisions of this Terms and Conditions.
8. Upon placing order, the Customer receives an acknowledgement e-mail confirming receipt of their order (an acknowledgement of receiving the order) sent to the e-mail address indicated by the Customer in the Registration Form or to the address indicated in the Order Form at the time of placing their order. Having received such e-mail with acknowledgement of receiving the order and confirmed the order by clicking the link in the e-mail, the contract of sale of the Merchandise ordered by the Customer, which takes place by accepting the offer referred to in the point 7 above by Taranko Limited Liability Company is considered binding. This action begins the completion of the order carried out by Taranko Limited Liability Company.
9. The acknowledgement of receiving the order, access, recording, securing all important provisions of the purchase contract in order for the Customer to gain access to such information in the future ensues in the following forms:
a) acknowledgement of receiving the order for execution in the manner specified in point 8 above, by including in the contents of an e-mail sent by the E-Store the following: information about the ordered Merchandise together with an indication of its price, method and cost of delivery selected by the Customer, payment method and order value due to be paid by the Customer, information about how to lodge a complaint together with the complaint form for download, information on the right of withdrawal from the purchase contract together with Return Form (withdrawal from the contract), contests of this Terms and Conditions, Complaints form, and Exchanges Form specimen.
b) attaching to the completed order, which will be sent to the address indicated in the Registration Form or in the Order Form, a printed version of the proof of purchase of the Merchandise, information on the right to withdraw from the contract together with Return Form (withdrawal from the contract), contents of this Terms and Conditions, Complaint Form specimen, and Exchange Form specimen.
10. The delivery date indicated in the acknowledgement of receiving the order is an approximate date of the delivery measured from the moment of acceptance of the order until the dispatch of the Merchandise to the Customer with the use of one of the delivery methods indicated in the contents of this Terms and Conditions below.
11. The Customer has the right to cancel their order before they receive from the Retailer the Confirmation of acknowledgement of receiving the order for processing. The Customer may choose to cancel the order by sending an e-mail to the Retailer at firstname.lastname@example.org or by doing so in the E-Store after logging in to their personal account in the E-store.
12. Each dispatch contains a proof of purchase (VAT invoice or fiscal receipt). If the Customer is a VAT payer and wishes to receive an invoice, they should check an appropriate option and provide necessary data in the Order form.
13. The sale of Merchandise from the E-Store is conducted online. To use the E-Store, which includes browsing the assortment and placing orders for Merchandise, it is necessary:
a. to be equipped with a computer with an Internet access and a web browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, or Safari;
b. to have an active e-mail account (e-mail).
1. All Merchandise prices and delivery costs are gross prices, i.e. with taxes, including VAT, and expressed in Polish zloty (PLN).
2. The Merchandise prices in the E-Store do not include delivery costs.
3. The price quoted next to each piece of Merchandise is binding from the moment the Customer receives the Confirmation of the order as referred to in Clause III point 8 of this Terms and Conditions. Information about the price of the Merchandise, as well its features and main properties, is presented next to each piece of Merchandise in the E-store.
4. Delivery costs are determined in accordance with the provisions of Clause V of this Terms and Conditions.
5. The total sum of the order that includes the prices of the Merchandise and delivery costs is presented in the Shopping Cart after the Customer has selected Merchandise, form of payment and method of delivery.
6. The Customer has the right to choose amongst the following method of payment for the Merchandise ordered:
a. payment in cash, to a person acting on behalf of the carrier to whom the Retailer has entrusted the delivery of the Merchandise (cash on delivery);
b. bank transfer prior to delivery (payment before delivery). If the Customer chooses payment before delivery, the lack of payment registered on the bank account of Taranko Limited Liability Company within 3 days of placing the order, will cause the order to be cancelled.
Payments by bank transfer must be made to the bank account of the Retailer, specified in message confirming the Retailer’s acceptance of the order for execution, in accordance with Clause III point 8 of the Terms and Conditions. The Customer is obliged to include the order number in the title of their bank transfer. The owner of the account is Taranko Limited Liability Company, Bank Millennium’s account number: 97 1160 2202 0000 0002 2742 4967
c. payment by credit card or e-transfer.
Such form of settlement of payment is carried out through the settlement centre such as Dotpay and PayPal, according to the regulations established by these entities available online at: www.dotpay.pl and www.palpal.com, respectively.
d. payment with a Gift Card before delivery;
Such form of payment must be indicated in notes for a person executing the order in the field available at the time of placing the order by the Customer. Once the order has been placed, the Customer is obliged to send Gift Card at the Retailer’s address. The cost of delivery of the Gift Card to the Retailer is borne by the Customer.
7. Promotions in the E-Store do not combine, unless the terms and conditions of the promotion provide otherwise.
8. The binding and final Merchandise price and the cost of delivery is the total price of the order in the Shopping Cart at the time of placing the order by the Customer in the E-Store.
9. Total amount of the order is the amount the Customer is obliged to pay, which includes the summed up prices of all ordered Merchandise as well as delivery costs.
10. Detailed principles of how to use Gift Card are specified in the Terms and Conditions of the Gift Card, available online at http://taranko.pl/?karty-upominkowe,58 .
V. EXECUTING ORDERS, DISPATCH COSTS AND METHODS OF DELIVERY
1. Once the Customer has received the confirmation that the order has been accepted and the Customer has confirmed it by clicking the link in the message they have received, in accordance with Clause III point 8 of this Terms and Conditions, the Retailer begins to process the order.
2. Completing the order, which includes the delivery of Merchandise to the Customer, should not exceed 10 working days on the territory of the Republic of Poland, and depends, among other conditions, on payment method chosen by the Customer and method of delivery — in case of ‘payment before delivery,’ the order is executed after the payment for the Merchandise and the delivery has been registered on the Retailer’s bank account. The time needed to complete the order indicated above may be exceeded for reasons related to difficulties in the execution of the sale contract resulting from reasons beyond the control of the Retailer, about which the Retailer shall immediately inform the Customer in the form of an e-mail sent to the address indicated by the Customer in order form.
3. The delivery cost of the Merchandise shall be borne by the Customer and is added to the price of the selected Merchandise. The delivery cost depends on the choice of the delivery method and the place of delivery, according to carrier’s pricelist. Exception to the above rule is delivery on the territory of the Republic of Poland via the Polish Post (Poczta Polska), after the Customer has paid for delivery in advance – in that particular case the delivery cost is borne by the Retailer.
4. The Merchandise is delivered to the address indicated by the Customer on the territory of the Republic of Poland via the Polish Post (Poczta Polska) or DPD carrier, at the choice of the Customer. The estimated delivery time of the Merchandise by the Polish Post is up to 5 working days, whereas by DPD carrier – up to 2 working days from the day following the day of dispatch. The Retailer notifies that detailed information concerning the form and costs of delivery of the Merchandise is available in the ‘Shop Guide/Delivery’ tab in the E-Store.
5. International delivery of the Merchandise is carried out exclusively by DPD, and estimated delivery time is determined by the carrier, depending on destination, and may take up to 5 working days. This period may vary due to causes related to the carrier over which the Retailer has no power. The Retailer is only able to deliver the Merchandise to the selected territories as indicated in the ‘Shop Guide/Delivery’ tab of the E-Store.
The Retailer notifies that the exact international delivery costs of the Merchandise are indicated in the ‘Shop Guide/Delivery’ tab of the E-Store.
6. The Customer, upon receiving their delivered order, should check its condition. In the event of inspecting damage after the delivery has been accepted from the courier, the Customer should immediately contact the Retailer in the manner specified in Clause I point 4 of this Terms and Conditions.
7. The maximum time for the Retailer to complete and dispatch the order is 30 working days. If that deadline shall not be met, the Customer is entitled to cancel the order by e-mail sent at email@example.com or directly through the Customer’s account in the E-Store.
8. The Retailer handles the Orders placed in the E-Store in the receiving order.
VI. RIGHT TO WITHDRAW FROM SALES CONTRACT
1. The Customer pursuant to the Act may withdraw from the distance contract of sale of Merchandise concluded by means of E-Store without any reason, by submitting a relevant declaration in writing or by mail within 14 days from the date of delivery of the Merchandise to the Customer. In order to meet this deadline, it is sufficient to send declaration of withdrawal before within this period of time. The information about the right to withdraw from the sale contract is sent to the Customer in the course of placing an order, and is also to be found in the confirmation as stated in Clause III point 8 of this Terms and Conditions, as well as on the Return form, which the Customer receives with their Merchandise.
2. The right referred to above may be exercised by the Customer by submitting a written statement of withdrawal from the sale contract in the form of Return Form delivered to the Customer with the Merchandise at the following address: Taranko sp. z o.o. “E-Store”, ul. Marynarki Polskiej 73B, 80-557 Gdańsk, POLAND or by sending an e-mail at firstname.lastname@example.org.
3. Withdrawal Form is made available in the E-store in the ‘Shop Guide/Exchange and Returns’ (download the form) tab in a form that enables you to download, store and print it. In the event of withdrawal from the contract of sale of Merchandise concluded at a distance, the contract shall be deemed not to have been concluded, and the Customer shall bear no further obligations.
4. If the Customer submits a declaration of withdrawal from the sales contract in a form other than in writing, the Retailer shall immediately confirm to the Customer by means of e-mail (sent at the address indicated by the Customer on the placing an order or the one indicated on the submitted form) that the declaration of withdrawal from the contract referred to above has been received.
5. The Retailer shall immediately, but no later than within 14 days from the date it receives the statement of withdraw from the contract of sale, shall reimburse the Consumer for their payment, including the costs of delivery of the Merchandise, with the exception for any additional costs resulting from the method of delivery of the Merchandise chosen by the Consumer other than the most economical, regular method of delivery offered by the Retailer in the E-Store. The Retailer shall not be liable for return costs of Merchandise by the Customer to the E-Store.
6. The Retailer shall refund the payment using the same payment method as used by the Customer, unless the Customer expresses their choice of a different method of payment, in accordance with the contents of the Withdrawal Form referred to in point 3 above.
7. The Customer is obliged to return the Merchandise to the Retailer immediately, but no later than within 14 days from the date on which the Customer withdrew from the contract of sale. To meet the deadline, it is sufficient to send back the Merchandise before this date. The Customer shall bear all the costs of the return of the Merchandise to the E-Store.
8. The most economical, regular method of delivery of the Merchandise to the Customer for orders on the territory of the Republic of Poland is provided by Poczta Polska (The Polish Post) with prepayment for the Merchandise, while for international orders, refer to Clause V point 5 of this Terms and Conditions.
9. If the Customer has chosen a method of delivery of the Merchandise other than the most economical, regular method of delivery of the Merchandise indicated in point 8 above, The Retailer shall not be obliged to reimburse the Customer for any additional expenses constituting the difference between the most economical delivery method and the actual cost. For detailed international delivery costs of the Merchandise, refer to the ‘Shop Guide/Delivery’ tab.
10. The Retailer declares that it is entitled to withhold reimbursement of payments received from the Customer under the sale contract when the Customer has withdrawn from the sale contract before the Retailer has received the Merchandise or the Customer has emailed the delivery proof at email@example.com.
11. The Merchandise returned by the Customer should be packed in an appropriate manner, ensuring no damage during the return process and, whenever possible, in the original packaging. The Merchandise should be returned together with complete equipment and accessories, as well as documents issued at the time of its sale at the following address: Taranko Sp. z o.o. “E- Store” ul. Marynarki Polskiej 73B, 80-557 Gdańsk.
12. The Consumer shall be liable for any reduction in the value of the Merchandise resulting from its use in a manner that makes it impossible to establish its nature, characteristics and functioning.
13. In accordance with Article 38 of the Act, the right to withdraw from a distance or off-premises contract shall not be entitled to the Consumer with respect, among other things, to contracts:
(a) regulating the provision of the services, where the trader has fully performed its service with the explicit consent of the Consumer who has been informed before commencing the performance of the service that they will lose the right of withdrawal after the service has been completed;
(b) whose object of performance is a non-prefabricated item, produced in accordance with the Consumer’s specifications or serving to meet custom needs;
(c) whose object of performance is an item liable to rapid deterioration or expiration;
(d) whose object of performance is supplied in sealed packaging, which may not be returned for reasons related to health or hygiene if the packaging is opened after delivery;
(e) whose object of performance are items, which – after delivery – due to their nature, remain inseparably combined with other items.
VII. EXCHANGE OF PURCHASED MERCHANDISE
1. Within 14 days from the date of delivery of the Merchandise, the Customer shall be entitled to exchange of the purchased Merchandise for other items available in the E-Store, whose price does not exceed the price of the previously purchased Merchandise, subject to exchange. The Customer shall bear the costs of returning the Merchandise to the E-Store.
2. In order to make an exchange, the Customer places a new order in the E-Store by selecting the Merchandise for exchange. Upon confirming the choice of the product, in the options of delivery and payment, the Customer shall select the ‘payment before delivery’ option by means of the Polish Post (Poczta Polska). If the Merchandise selected for exchange bears the same price as the Merchandise purchased before, the Customer does not bear any additional costs related to the Merchandise selected for exchange. If however the price of the Merchandise selected for exchange exceeds the price of the previously purchased Merchandise, the Customer is obliged to settle the difference in prices by means of bank transfer to the E-Store’s bank account number, in accordance with the provisions of Clause IV of this Terms and Conditions.
3. The Merchandise exchanged by the Customer should be packed in an appropriate manner, ensuring no damage during the delivery, and whenever possible, using the original packaging. The Merchandise should be returned together with the complete equipment and accessories, as well as the documents issued at the time of the sale and with completed Exchange Form, delivered to the Customer together with the Merchandise at the following address: Taranko sp. z o.o. ‘E-Store’ ul. Marynarki Polskiej 73B, 80-557 Gdańsk POLAND.
4. The procedure of exchange of the Merchandise will proceed immediately, but not later than within 14 days.
5. In case of orders executed outside the territory of the Republic of Poland, the Retailer notifies that if the new order bears the same price as the Merchandise that the Customer replaces, the international delivery cost of new Merchandise is covered by the Customer, in accordance with the terms published in the ‘Shop Guide/Delivery’ tab in the E-Store.
1. The Retailer as trader shall be liable towards the Customer for product defects pursuant to the principles set forth in the provisions of the civil code and other generally applicable laws and regulations.
2. To avoid any doubt, it is stated that none of the provisions of this Terms and Conditions limit the rights of the Customer, to which they are entitled under the provisions of the law in force on the territory of the Republic of Poland.
3. Complaints should be lodged by filling in Complaint Form, delivered to the Customer together with their Merchandise or found available in the E-Store in the ‘Shop Guide/Complaints’ tab and sent back together with faulty Merchandise and a proof of purchase (e.g. receipt or invoice) at the following address: Taranko Sp. z o.o. “E-Store” ul. Marynarki Polskiej 73B, 80-557 Gdańsk, POLAND.
4. The Retailer will respond to the complaint lodged by the Customer within 14 days from the date we receive the Customer’s complaint, and undertakes to inform the Customer about further steps via e-mail whenever possible.
5. If the Customer does not indicate in the Complaint Form the required information or documents necessary for the complaint to be considered, the Retailer will address the Customer via e-mail with a request to immediate complete their information.
6. If case of faulty Merchandise, the Customer may:
a. demand for the price of Merchandise to be reduced;
b. withdraw from the purchase contract; unless the Retailer immediately and without undue inconvenience to the Customer exchanges faulty Merchandise for free-from-defects Merchandise or removes the defect.
7. Instead of choosing to remove the defect, the Customer may demand the replacement of Merchandise for free-from-defects Merchandise, or instead of replacement of Merchandise demand to have the defect removed, unless it is impossible or – when compared to a method proposed by the Retailer – such action would incur excessive costs, where the assessment of such excessiveness is based on the following factors: the value of the free-from-defects Merchandise, its type and scale, as well as inconvenience to which the Customer would otherwise be exposed.
8. The Customer may not withdraw from the purchase contract, if the defect is immaterial.
9. If purchased Merchandise is faulty, the Customer may also:
a. demand to have Merchandise replaced with a free-of-defect item;
b. demand to have the defect removed.
10. The Retailer shall be obliged to replace faulty Merchandise with free-of-defect Merchandise or remove the defect within a reasonable period of time, without causing excessive inconvenience for the Customer.
11. If the Customer:
a. demands replacement for free-of-defect Merchandise instead of having the defect removed as proposed by the Retailer;
b. demands that the defect be removed instead of replacing Merchandise as proposed by the Retailer.
The Retailer may refuse to meet the Customer’s demand, if faulty Merchandise cannot be redeemed with the use of the method chosen by the Customer for it to comply with the purchase contact or –when compared to the other possible method for it to comply with the purchase contract – the method chosen by the Customer would incur excessive costs. The Retailer shall then perform the obligations arising from the warranty in a manner it proposed.
12. The delivery cost of the complained Merchandise to the Retailer, and in the case of positive handling of the complaint, also delivery costs of Merchandise to the Customer shall be borne by the Retailer.
IX. DISCLAIMER REGARDING LEGAL DISPUTES SETTLEMENTS
1. The Retailer notifies that in the event of a dispute, in addition to exercising rights in the court, the out-of-court methods of examining complaints and asserting rights are available.
2. Out-of-court means of dealing with complaints and asserting rights are any methods that enable to resolve the conflict through the intervention of a third party proposing or imposing a solution. Out-of-court instruments may be established by the public authorities, legal professionals, professional groups or civil society organisations (such as consumer ombudsmen, consumer organisations, arbitration courts). Information on how to access the aforementioned modes and procedures of dispute resolution can be found online at: www.uokik.gov.pl in the ‘Settlement of consumer disputes’ tab.
3. In order to familiarize yourself with the access rules to these procedures, one should contact a body or entity authorized to conduct out-of-court complaint and complaint-handling procedures.
4. The Retailer notifies that the above information does not exclude or limit in any way the selection and use of judicial or extrajudicial means of dispute resolution or entities conducting such proceedings. The list of methods or entities indicated in the above provisions is exemplary and non-exhaustive, and does not limit or exclude any of the Customer’s rights.
1. The Customer may give their consent to receive newsletter provided by the Retailer. The Newsletter shall be sent by text message (SMS Newsletter) or e-mail (E-mail Newsletter) as specified by the Customer.
2. The Newsletter will be sent exclusively to Customers who have agreed to receive the Newsletter by ticking appropriate box when placing orders in the E-Store, separate for each form of the Newsletter provided by the Retailer, i.e. SMS Newsletter or E-mail Newsletter, and who have agreed to receive commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2019, item 123).
3. As part of the services of SMS Newsletter and E-mail Newsletter, information about the Retailer’s new products and attractive offers will be sent to the phone number and e-mail address provided by the Customer, respectively. SMS Newsletter and E-mail Newsletter are sent free of charge.
4. The Customer may resign from the Newsletter at any time, without giving any reason or incurring additional costs.
XI. PERSONAL DATA PRIVACY
Pursuant to Clause 13 p. 1 and p. 2 of The General Data Protection Regulation (EU) 2016/679 (GDPR), The Retailer informs that:
2. The controller of customer personal data is Taranko Limited Liability Company with its registered offices in Gdańsk (80-557) at ul. Marynarki Polskiej 73b, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division, under KRS No. (National Court Register No.) 0000162074, having REGON No. (Statistical ID No.) 192903799, and NIP No. (Tax ID No.) 9570857274.
3. Personal data shall be processed in order to complete and handle the orders placed in the E-Store, issue sales receipts, dispatch Merchandise, and handle possible return/exchange/complaint, as well as for the purpose of fulfilling by the Retailer the obligations arising from applicable laws, in particular tax and accounting regulations, and to pursue and defend claims related to the completion of the order, i.e. pursuant to Article 6(1)(b), (c) and (f) of The General Data Protection Regulation (EU) 2016/679 (GDPR).
4. In case The Customer signs up for the company’s Newsletter, their personal data shall be processed for marketing purposes, pursuant to Article 6(1)(a) of The General Data Protection Regulation (EU) 2016/679 (GDPR).
5. Providing personal data by the Customer to the extent necessary to complete the order is voluntary; however, is a necessary condition for the use of the E-Store. Providing personal data and expressing consent to receive the Newsletter is entirely voluntary.
6. The Customer’s personal data shall be processed during the period necessary for the execution and processing of the order and the statute of limitations of claims related to it. Personal data made available by the Customer for marketing purposes (Newsletter dispatch) shall be processed until the Customer has withdrawn their consent to the processing of personal data for this purpose.
7. Personal data of the Customer shall be transferred to the following recipients: persons authorized to process personal data on the basis of the entrustment contract, concluded with the Retailer (including the cooperating law firms, HR and accounting offices, entities providing IT services, suppliers of the services related to the E-store couriers) and entities authorized on the basis of the applicable laws.
8. The customer has the right to access the content of their data and the right to rectify, delete, and limit processing, the right to transfer data and the right to object. The scope of each of the above rights and the cases in which they may be exercised are specified in detail in articles 15-22 of The General Data Protection Regulation (EU) 2016/679 (GDPR).
9. The customer has the right to withdraw their consent to the processing of their personal data at any time without affecting the lawfulness of the processing, which was carried out on the basis of their consent prior to its withdrawal.
10. The Customer has the right to file a complaint to the supervisory authority — the President of the Personal Data Protection Office — if they deem the processing of their personal violates the applicable provisions on the protection of personal data.
11. The Retailer informs that it uses the services and technologies offered by such entities as: Facebook, Microsoft, and Google, with headquarters in the United States. The entities referred to in the previous sentence have joined the Privacy Shield program on the basis of the executive decision of the European Commission of 12 July 2016 and guarantee that
they would comply with the high standards of personal data protection in the European Union, so that the use of their services and technologies in the processing of personal data would be lawful.
12. E-Store uses “cookie” files, which are IT data, and in particular text files. These files are stored on the end devices of the E-Store user. There are two types of “cookies” in use: a) session files – temporary files, which are stored in the E-Store User’s end device until they have left the website or closed their web browser; b) permanent files – which are stored in the User’s end device for a period specified in the parameters of a “cookie” files or until they have been deleted by the User.
Cookie files are used in order to: a) configure the website; b) authenticate the User in the Store and ensure the User’s session in the Store; c) conduct processes necessary for the full functionality of the website; d) conduct an analysis and research of the audience; e) ensure safety and reliability of the website; f) conduct marketing activities.
E-Store uses ‘cookie’ files, which collect various information that is not considered – as a rule – personal data (it does not allow identification of a given User). They are used to create profiles allowing the Retailer to evaluate the Customer’s preferences, on the basis of which it sends notifications with product offers. Some information, depending on its content and use, may however be linked to a specific person and may therefore be considered personal information.
13. E-Store uses a Marketing Automation tool, which collects User data for the website’s
Administrator. Collecting such data is to make it easier for the Customer to make a purchase corresponding to the User’s profile. Therefore, such data processing involves an analysis of the User’s or Customer’s profile to determine their preferences and, consequently, which products and services best suit their style, in order to deliver the right information or suggest products that we believe may be of interest to them. ‘Cookie’ can be disabled in the settings of the web browser. However, this action might make some of website features become unavailable. ‘Cookie’ files do not store information that includes personal data of the Users or Customers.
‘Cookies’ stored on the User’s device can also be used by advertisers and partners, with whom Taranko cooperates, in particular by: Google Analytics, Criteo, Hotjar.
14. Should you have any questions regarding the processing and protection of your personal data, please contact us at firstname.lastname@example.org.
XII. FINAL PROVISIONS
1. Recognition of individual provisions of this Terms and Conditions in a manner prescribed by law as invalid or ineffective shall not affect the validity or effectiveness of the remaining provisions of this Terms and Conditions. The invalid provision shall be replaced by a rule that is closest to the objectives of the invalid provision and the entire Terms and Conditions.
2. The Retailer reserves the right to amend the Terms and Conditions at any time. The amendments shall be effective from the moment they are expressly indicated as valid and published in the E-Store; however, the sales contracts concluded before the amendment to the Regulations shall be governed by the regulations in force at the time of purchase.
3. The up-to-date Terms and Conditions is published in the ‘Shop Guide’ tab of the E-store.
4. The Retailer shall not be liable for e-mails sent to the account indicated by the Customer that have been blocked by the administrators of mail servers and for e-mails removed or blocked by software installed on the hardware used by the Customer.
5. The Retailer, to the extent permitted by law, shall not be liable for disruptions, including interruptions in the operation of the E-store caused by force majeure, unauthorized action of third parties or incompatibility of E-store with the Customer’s technical infrastructure.
6. This Terms and Conditions comes into effect on 25.12.2014 r, with further updates on 07.10.2019r.