Terms and Conditions
RULES OF THE TEAMEN ONLINE STORE from 25.05.2018 CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 1. The Regulations specify the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017.683, i.e. as amended). 2. Each customer should read the Regulations. 3. The Regulations are available on the Store's website and are available free of charge also before the conclusion of the contract. At the request of the Customer, the Regulations are also made available in such a way that allows the acquisition, reproduction and recording of its content using the ICT system used by the Customer (e.g. by e-mail). 4. Basic definitions: 1) Regulations: Regulations of the Online Store; 2) Seller: Bogdan Jankowski, CW2 8TL, Crewe, 4 Rudheath Close, United Kingdom, conducting business activity under the TAX ID number 4387956676 3) Customer: a natural person who is at least 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but who can acquire rights and incur obligations on their own behalf, who will establish a legal relationship with the Seller in the scope of the Store's activities. The Customer is also a Consumer if there are no separate provisions in relation to the Consumer in a given issue; 4) Consumer: a customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his business or professional activity; 5) Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219 as amended), provided electronically by the Seller to the Customer via the Website; 6) Store or Online Store, or Service: Electronic service, Online Store, run by the Seller at www.teamen.pl, under which the Customer concludes a distance sales contract, the parties are informed about the sale by means of automatically generated electronic mail , and the performance of the contract (in particular the delivery of the Good) takes place outside the internet;
7) Account - an Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's ICT system, in which the data provided by the Customer and information about activities within the Store are collected; 8) Goods or Product - goods sold in the Store, included in the Seller's offer; 9) Contract - a distance contract regarding the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller; 10) Form - a script that is an electronic means of communication, enabling an Order to be placed in the Store or other activities in the Store; 11) Order - an instruction to purchase a Good placed by the Customer by means of technical communication; 12) Newsletter - Electronic Service, electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all customers using it to automatically receive cyclical messages (newsletters) from the Seller, containing information about the Website, including news or promotions in the Store. CHAPTER 2. BASIC AND TECHNICAL INFORMATION 1. Seller details to contact the Customer: address; Bogdan Jankowski, CW2 8TL, Crewe, 4 Rudheath Close, United Kingdom, e-mail address; firstname.lastname@example.org, phone number: +44 7709180292. 2. The Seller offers the following types of Electronic Services: 1) Online Store, 2) Newsletter, 3) Opinions (commenting), 4) Account. 3. The Seller provides Electronic Services in accordance with the Regulations. 4. The technical condition of using the Store is the Customer's possession of a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account. 5. The Customer is prohibited from providing illegal content. 6. Using the Store may be associated with threats typical of Internet use, such as spam, viruses, hacker attacks. The seller undertakes actions to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including antivirus and identity protection programs using the Internet.
7. The conclusion of the contract for the provision of Electronic Services takes place via the Store via the Internet. The Customer may at any time terminate the use of Electronic Services by leaving the Store or by deleting the Customer's account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need for additional statements by the parties. 8. It is not possible to use the Store anonymously or using a pseudonym. CHAPTER 3. PERSONAL DATA 1. The personal data provided by customers is processed by the Seller in accordance with applicable law, including in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and in the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: "Regulation"). In particular: 1) The seller ensures that these data are: a) processed in accordance with the law, fairly and transparently for clients and other data subjects; b) collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; c) adequate, relevant and limited to what is necessary for the purposes for which they are processed; d) correct and updated as necessary; e) stored in a form that allows identification of the data subject for no longer than is necessary for the purposes for which the data are processed; f) processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures, 2) The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed appropriate to the nature, scope, context and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons; 3) The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects in accordance with applicable law. 2. The basis for the processing of personal data is the consent of the Clients or the occurrence of another condition authorizing the processing of personal data according to the Regulation.
3. The Seller guarantees the exercise of the rights of persons whose personal data are processed on the principles arising from the relevant provisions, including those entitled: 1) the right to withdraw consent regarding the processing of personal data; 2) the right to information regarding their personal data; 3) the right to control data processing, including their supplementation, updating, rectification, deletion; 4) the right to object to the processing or to limit the processing; 5) the right to lodge a complaint with a supervisory authority and use other legal means to protect your rights. 4. A person having access to personal data processes them only on the basis of the Seller's authorization or the contract entrusting the processing of personal data and only on the instructions of the Seller. 5. The Seller ensures that he does not disclose personal data to entities other than those authorized under the relevant provisions of law, unless required by European Union law or Polish law. CHAPTER 4. ADDITIONAL INFORMATION § 1 Account. 1. Account registration on the Store's website is free and requires the following actions: The customer should complete the registration form providing specific data and making statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link to verify the Account will be sent to the Customer's email address provided by him during the Account registration process. Logging in to the Account consists of providing the login and password set by the Customer. The password is confidential and should not be shared with anyone. 2. The account allows the customer to enter or modify data, make or check Orders, and view the history of Orders. 3. The Electronic Account service is provided free of charge for an indefinite period. 4. The Customer may at any time unsubscribe from an Account in the Store by sending an appropriate request to the Seller by e-mail to the address: email@example.com or in writing to the address of the Seller: Bogdan Jankowski, CW2 8TL, Crewe, 4 Rudheath Close, Wielka Britain. § 2. Newsletter 1. The Newsletter service aims to provide the customer with the ordered information. 2. The use of the Newsletter does not require registration of the Account by the Customer, but requires providing an e-mail address and making statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. 3. A link confirming the subscription to the Newsletter will be sent to the e-mail address of the Customer. 4. The Electronic Newsletter service is provided free of charge for an indefinite period.
5. The Customer may at any time unsubscribe from the Newsletter by sending an appropriate request to the Seller by e-mail to the address: firstname.lastname@example.org or in writing to the address of the Seller: Bogdan Jankowski, CW2 8TL, Crewe, 4 Rudheath Close, Wielka Britain. § 3. Opinions 1. The Seller enables Customers to post individual and subjective statements (opinions, comments) of the Customer, in particular regarding Goods, on the Store's website. 2. The service is provided free of charge for an indefinite period. 3. Using the service is possible anonymously. 4. The Seller may use opinions for the purposes of content posted on the Website. CHAPTER 5. SALE § 1. Products 1. Product photos on our Website are for illustrative purposes only. Although we have made every effort to display images and colors accurately, we cannot guarantee that the display of colors by the device accurately reflects the image and color of the products. Your product may differ slightly from these photos. 2. Product packaging may differ from what is shown in the pictures on our website. 3. We reserve the right to change the product description if necessary. 4. All weights and sizes are given as a guide only and are approximate. 5. In the event of errors in the price or description, we reserve the right to correct this price or description and we will notify you accordingly. In such circumstances, it will be considered that the contract has not been concluded and you will not be obliged to continue the purchase. We will cancel your order and your credit / debit card or PayPal account will be returned in full. The refund of cash paid to us will constitute the scope of our responsibility towards you in the event of these errors. 6. Products in a special offer or promotion are available only in limited quality. When the product stocks in a special offer or promotion run out, we will no longer be able to provide this product at a special offer or promotional price. 7. All Products offered in the Store are new and have no defects. A detailed description of the Good is on the Store's website. 8. The warranty for the Goods is not granted, after-sales services are not provided. § 2. Orders and their implementation 1. The order may be placed by completing the Form available in the Store. 2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases). 3. The Customer is obliged to carefully complete the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery. 4. The Customer provides data in the Form and makes statements regarding acceptance of the Regulations, processing of personal data, and providing commercial information. 5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day. 6. Confirmation of placing an Order is made by the Customer by selecting the button (field) marked "I order with the obligation to pay". The Seller will send the Order confirmation to the e-mail address provided by the Customer.
7. The delivery time (i.e. until the date of dispatch of the Goods) is up to 2 business days. § 3. Payments 1. All prices of the Goods quoted in the Store are prices in GBP. The price of the Good does not include the costs referred to in item 2 below. The price of the Good given when the Customer places the Order is binding on both parties. 2. The costs associated with the delivery of the Good (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Good. Information on the amount of these costs is provided at the stage of placing the Order. 3. The customer can choose the payment method: 1) traditional transfer - payment before shipment of the Good (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account; 2) payment via the payment system; Przelewy24, Dotpay, PayPal - payment before shipment of the Good (prepayment). After placing the Order, the Customer should make the payment via the selected payment system. The Order is processed after the Customer's payment is credited; 3) payment on delivery of the Goods (cash on delivery) - the Customer pays the amount directly upon delivery of the Good to the carrier. The order is processed after the Order is accepted. 4. The Store issues proof of purchase for each Product sold and delivers it to the Customer, provided that the provisions of generally applicable law require delivery. 5. The customer is obliged to pay within 5 days from the date of the contract of sale, unless the chosen method of payment requires a different date. If the customer fails to make the payment within this period, then - in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 i.e. as amended) - the Seller will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffectively. If the Customer declares that he will not perform the services, the Seller may withdraw from the contract without setting an additional date, also before the arrival of the marked date of performance.
§ 4. Delivery 1. Goods are shipped from Great Britain. Upon reaching Poland, it is delivered by courier or via the postal operator at the Customer's choice to the address indicated on the Form, unless the Parties agree otherwise. The parcel sent via the postal operator should be delivered within 3-5 business days from the date of dispatch of the Goods, while via courier - within 2 business days from the day of dispatch of the Goods. 2. Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating, maintenance and other documents required by the provisions of generally applicable law. 3. The seller indicates that: 1) upon the release of the Good to the Customer or the carrier, the benefit and burden associated with the Good and the risk of accidental loss or damage of the Good pass to the Customer. When selling to the Consumer, the risk of accidental loss or damage to the Good shall pass to the Consumer as soon as the Good is released to the Consumer. The release of the Goods is deemed to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer, 2) acceptance of the shipment with the Goods by the Customer without reservation shall result in the expiration of claims for loss or damage in transport, unless: a) the damage was confirmed by protocol before accepting the parcel; b) such a statement was abandoned due to the fault of the carrier; c) the loss or damage resulted from the willful misconduct or gross negligence of the carrier; d) the damage that cannot be seen from the outside was recognized by the authorized person after the parcel was received and within 7 days demanded to determine its condition and proved that the damage occurred during the time between accepting the parcel for transport and its release.
§ 5. Additional information for the consumer 1. The contract is not concluded for an indefinite period and will not be subject to automatic extension. 2. The minimum duration of the consumer's obligations under the Agreement is the duration of the Agreement, i.e. the payment and receipt of the Good. 3. The use of the Store by the Consumer shall not be connected with the obligation to submit a deposit or provide other financial guarantees. 4. The seller is not obliged and does not apply the code of good practices referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 i.e. as amended). CHAPTER 6. LIABILITY 1. Liability under the warranty is excluded in legal relations with customers. 2. The Seller is liable to the Consumer if the Good has a physical or legal defect (warranty) on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459 i.e. as amended) and in the Act of 30 May 2014 on consumer rights (Journal of Laws U. 2017. 683 i.e. as amended), including on the following principles: 1) a physical defect consists in the non-compliance of the Goods with the contract. In particular, the Goods do not comply with the contract if: a) The goods do not have properties that this kind of thing should have due to the purpose indicated in the contract or resulting from circumstances or destination;
b) the Goods do not have properties that the Seller has provided to the Consumer; c) The Goods are not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose; d) The product was delivered to the Consumer in an incomplete state. 2) The Good has a legal defect, if the Good is the property of a third party or if it is encumbered with the right of a third party, and also if the restriction in the use or disposal of the Good results from a decision or ruling of a competent authority; in the event of the sale of a right, the Seller is also responsible for the existence of the right; 3) The Seller is responsible under the warranty for physical defects that existed at the time the danger passed to the Consumer or resulted from a reason inherent in the Goods at the same time. 4) The Seller is released from liability under the warranty if the Consumer was aware of the defect at the time the contract was concluded; 5) if a physical defect was found within one year from the date of delivery of the Good, it is presumed that the defect or its cause existed at the time the danger passed to the Consumer;
6) The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Good to the consumer, and if a movable item is used by the Consumer, the Seller is liable under the warranty if a physical defect is found within one year of day of delivery of the Good; 7) the consumer's rights under the warranty are: a) requesting a reduction in the price of the Goods or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect; b) The consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product for a defect-free one or instead of replacing the item, demand that the defect be removed, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs as compared to the proposed method by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed; 8) The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the place indicated in the contract, and if such a place is not specified in the contract - to the place where the item was delivered to him. CHAPTER 7. COMPLAINTS PROCEDURE 1. Complaints The Customer should direct to the Seller by e-mail to the address: email@example.com or in writing to the address of the Seller: Bogdan Jankowski, CW2 8TL, Crewe, 4 Rudheath Close, United Kingdom. 2. The Customer may use the complaint template available in the Store, but this is not a condition for considering the complaint.
3. If it is found that a shipment with the Good is violated, suffered a loss or damage, the Customer should immediately (not later than within 7 days from the date of receipt of the parcel) file a complaint with the Seller. This will allow you to seek redress from the carrier. This is not a condition for considering the Consumer complaint. 4. The complaint should include a detailed description of the problem and the Customer's request, possibly also photographic documentation. 5. The Seller undertakes to consider the Customer's complaint within 30 days, and the Consumer complaint within 14 days. If the Seller does not respond to the Consumer complaint within 14 days, it is considered that he considered it justified. 6. If the complaint is accepted, the Seller will take appropriate action. 7. It is possible to use out-of-court complaint consideration methods and redress in legal relations with Consumers, including: 1) the ability to resolve disputes electronically using the ODR platform (online dispute resolution), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL; 2) the possibility of conducting amicable proceedings before a common court or other organs. CHAPTER 8. WITHDRAWAL FROM THE CONTRACT 1. Withdrawal from the Agreement by the Seller or the Customer may take place on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459 i.e. as amended).
2. The consumer has the right to withdraw from the Contract within 14 days of receipt of the Good. 3. Information about the withdrawal from the Agreement by the Consumer is contained in the notice of the right of withdrawal, available on the Store's website. 4. The Consumer is not entitled to withdraw from the Agreement in respect of certain contracts, 1) i.e. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement; 2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement; 3) in which the Good is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs; 4) in which the Good is a perishable item or has a short shelf life; 5) in which the Good is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; 6) in which the Goods are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the Goods are alcoholic beverages, the price of which was agreed at the conclusion of the Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; 8) in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items; 9) in which the Goods are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; 10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; 11) concluded through a public auction; 12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; 13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. 6. If the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. 7. The consumer is obliged to return the Good with all equipment, including packaging, provided that it constitutes an important element of the Good. The Seller may refrain from returning the payment until receipt of the Good or until the Seller provides proof of sending it back, whichever occurs first. 8. The consumer shall only bear the direct costs of returning the goods, unless the seller has agreed to bear them or has not informed the consumer about the need to bear these costs. 9. The consumer is responsible for reducing the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. 10. In the event of successful withdrawal from the Agreement, the Agreement is considered void. CHAPTER 9. INTELLECTUAL PROPERTY 1. The rights to the Website and its content belong to the Seller. 2. The website address at which the Store is available, as well as the content of the website www.teamen.pl are subject to copyright and are protected by copyright and intellectual property law. 3. All logotypes, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, producer or distributor of the Good. Downloading, copying, modifying, reproducing, sending or distributing any content from www.teamen.pl without the consent of the owner is prohibited. CHAPTER 10. FINAL PROVISIONS 1. In matters not covered by the Regulations, the relevant provisions of generally applicable law shall apply to legal relations with clients or consumers. 2. All departures from the Regulations must be in writing to be valid. 3. The court competent to settle the dispute between the Seller and the Customer shall be the court competent for the seat of the Seller. The court having jurisdiction to settle the dispute between the Seller and the Consumer will be the court competent according to general principles (court of the defendant's place of residence) or another more convenient for the Consumer (pursuant to Articles 31-37 of the Code of Civil Procedure).