Regulations
TERMS AND CONDITIONS OF THE ONLINE STORE
www.tridis.en
last updated 1.9.2023
§ 1. DEFINITIONS
Notwithstanding any other definitions established in the body of these Regulations, whenever the following terms are capitalized in the text of the Regulations, they shall have the meanings ascribed to them below:
- Vendor's registered address: 7A Sienkiewicza St., 13-306 Kurzętnik.
- Business Day - means any day from Monday to Friday, excluding Saturdays and public holidays.
- Order Form - electronic ordering procedure made available by the Seller on the Online Store.
- Return form - electronic Order return procedure made available by the Seller in the Online Store.
- Complaint form - electronic complaint procedure made available by the Seller in the Online Store.
- Password - the string of alphanumeric characters established independently by the Customer during the Account registration process, which is necessary for authorization (Customer identification) when accessing the Customer's Account.
- Customer - a natural person with full legal capacity, who is at least 18 years old, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who uses the Online Store.
- Consumer - consumer within the meaning of art. 221 Civil Code; a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity, including purchasing a Product for purposes not related to his/her business or professional activity.
- Account - set of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and the Orders placed by him/her and the Sales Agreements concluded by him/her, with the use of which the Customer may place Orders, conclude Sales Agreements, place and publish Evaluations and other content to the extent and in the manner specified in the Regulations.
- Basket - electronic form made available by the Seller in the Online Store, through which the Customer selects Products in order to place an Order.
- Buyer - A customer who has concluded a Sales Agreement with the Seller.
- Login - the Customer's electronic mail (e-mail) address or a string of alphanumeric characters set independently by the Customer and used during the registration process and each time the Account is used, in order to gain access to the Account.
- Evaluation - the rating given by the Customer concerning the completed Order, the handling of the Order and the ordered Products in the form of stars from 1 to 5 and/or a verbal statement with the content set by the Customer.
- A sole proprietorship making a non-professional purchase - natural person concluding the Sales Agreement directly related to his or her business activity, when it is clear from the content of this contract that it does not have a professional character for this person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, to whom, in accordance with applicable law, the provisions concerning Consumers in the scope of the right to withdraw from a contract concluded at a distance, the rights arising from the provisions on prohibited clauses used in contract templates and concerning liability under warranty for defects of the sold thing will apply accordingly.
- Privacy Policy - document setting out the detailed rules for the processing and protection of personal data and the use of cookies in the Online Store, which is an integral part of these Regulations [Appendix 3 to the Regulations].
- Product - means any Goods, service offered by the Seller in the Online Store, including services related to the offered Goods - i.e. delivery, warranty, insurance.
- Regulations - these rules of procedure, made pursuant to art. 8 of the law of 18 July 2002. on the provision of services by electronic means, defining, in particular, the rules for the conclusion of Sales Contracts through the Internet Store, the rules for the performance of these contracts and the rights and obligations of the parties to the Sales Contract, available on the site www.tridis.en under the tab titled "Regulations".
- Online Shop - Internet service run by the Seller available at the address: www.tridis.en, through which the Customer can obtain information about the Product and its availability and make a selection, add the Product to the Cart and purchase the Product, as well as post Evaluations and perform other actions specified in these Regulations.
- Vendor - service provider, operating the Online Store for the purpose of inviting Customers to conclude Sales Agreements - TRIDIS Spółka z ograniczoną odpowiedzialnością spółka komandytowa, NIP: 1182120206, REGON: 363796199, tel. +48 56 647 29 97, e-mail: www.info@tridis.en.
- Merchandise - a movable item offered by the Seller on the Online Store, together with all accessories, components, software and digital content that are explicitly listed in the offer for sale of the Goods in question posted on the Online Store.
- Durable carrier - means a material or tool that allows the Customer or the Seller to store information directed personally to him, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the reconstruction of the stored information in an unchanged form, in particular electronic mail (by fixing on the recipient's server).
- Sales Contract - sales contract concerning the Products offered by the Seller, concluded via the Online Store at a distance between the Customer and the Seller. The Sales Agreement is concluded at the moment referred to in § 3 par. 16 lit. b of these Regulations. The provisions of the Terms and Conditions and Privacy Policy shall apply to any concluded Sales Agreement. The Sales Agreement shall be governed by and construed and performed in accordance with Polish law.
- Service - service provided by the Seller to the Customer free of charge on the terms and conditions specified in the Regulations, by electronic means within the meaning of art. 2 pts.4 of the law of 18 July 2002. on the provision of electronic services.
- Placing an Order - approval of the Order by the Customer clicking on the button "Order and pay", treated as the submission by the Customer of a binding declaration of intent to conclude a Sales Agreement with the Seller.
- Order - declaration of intent to purchase the Product made by the Customer via the Online Store by remotely filling in the Order Form on the Online Store in a manner that allows the Seller to identify the Customer, the Product to be the subject of the Sales Agreement and other necessary elements of the Order, including - the place and method of its delivery or collection, the value of the Order and the method of payment.
§ 2. GENERAL PROVISIONS
- The Seller provides the following Services to the Customer under the terms of these Terms and Conditions:
- selection of Products from the assortment specified in the Online Store;
- filling out electronic forms made available on the Online Store;
- purchase of Products by entering into Sales Agreements with the Seller;
- registration and use of an Account within the Online Store;
- adding Evaluations to express the degree of satisfaction with the execution of the Order and with the Product;
- receipt of an e-mail message from the Seller in which the Seller confirms the Order Placement, acceptance of the Order for execution and possibly (depending on the payment method selected) receipt of payment for the Order Placed.
- The use of the Online Store is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
- use of one of the following web browsers in its current version np.:
- Firefox,
- Chrome,
- Microsoft Edge,
- Internet Explorer,
- Safari;
- having any program to view PDF files.
- The Seller is not responsible for problems in the use of the Online Store resulting from problems in the Internet network beyond the control of the Seller.
- The Seller reserves the right to temporarily suspend the operation of the Online Store due to technical reasons, failures, modernization and updating works. The customer is not entitled to compensation for this.
- The use of the Online Store is voluntary and free of charge. The customer may cancel the use of the Online Store at any time.
- Notwithstanding the aforementioned gratuitous use of the Online Store, the Customer may incur costs associated with the use of the Internet network he uses. Internet connection costs correspond to the rates of the customer's network operator.
- The Seller shall make available these Terms and Conditions together with the appendices, constituting an integral part thereof and listed in the body of the Terms and Conditions, through a link provided on the home page of the Online Store. The Terms and Conditions are available on the homepage prior to the conclusion of the Sales Agreement, during its conclusion, as well as after its conclusion and execution, and the Customer has the opportunity to review their content at any time he or she chooses. The customer can also download it and make a printout of it. By making an Order through the Online Store, the Customer confirms that the content of the Regulations is known to him and he accepts its provisions.
- Seller reserves the right to change and update the Terms and Conditions and Privacy Policy. In the case referred to in the preceding sentence, all the latest versions of the Terms and Conditions and Privacy Policy will be available on the website of the Online Store.
- These Regulations are an integral part of the Sales Agreement concluded between the Buyer and the Seller.
- In order to ensure the security of the transmission of messages and data in connection with the Services provided, the Seller shall take technical and organizational measures to ensure the security of the Services provided, in particular, measures to prevent unauthorized acquisition, dissemination, use and modification by unauthorized persons of personal data made available and transmitted via the Online Store. The Seller shall process the Customer's personal data expressly marked in these Terms and Conditions under the terms of the Privacy Policy and only to the extent that it is necessary to provide electronic services. Detailed rules for the protection and processing of personal data are set out in the Privacy Policy.
- The customer using the Online Store is obliged to comply with the provisions of the Regulations.
- The online store does not conduct wholesale, nor does it sell Products for resale. If the customer wishes to place a bulk order, the customer should direct the appropriate inquiry to the seller at the seller's contact information indicated in these Terms and Conditions and in the Online Store. At that time, the parties will enter into negotiations on the terms of implementation of the wholesale order.
- The Online Store provides the Customer with information about the main features and parameters of the Product, the price of the Product and its availability. The Product description may or may not include a picture of the Product.
- Photos and descriptions of the Products placed in the Online Store are only illustrative materials, providing some general idea and idea of the Products, their properties, appearance and performance parameters. The products disclosed in the images posted on the Online Store, especially their color and size, may differ from the actual one. The above disclaimers do not apply to the technical specifications and brand and model designations of a given Product made available in the Online Shop.
- Advertisements, announcements and other information placed in the Online Store shall, in case of doubt, be considered not as an offer, but as an invitation to conclude a contract. Nor do they constitute an assurance by the Seller.
- Customers may contact the Seller in matters related to the Services provided through the Online Store by correspondence, at the following address: ul. Sienkiewicza 7A, 13-306 Kurzętnik, by e-mail, at: info@tridis.en as well as by phone at +48 56 647 29 97.
- Customers are prohibited from taking the following actions through the Online Store:
a. provide and transmit content prohibited by law, such as content that promotes violence, defames or violates the personal rights and other rights of third parties,
b. use of the Online Store in a manner that interferes with its operation, in particular through the use of specific software or devices,
c. undertaking activities such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
d. use of the Online Store in a manner that is burdensome to other Customers and to the Seller,
e. use of any content posted within the Online Store beyond one's own personal use,
f. use of the Online Store in a manner inconsistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations.
§ 3. ORDERS
- An order in the Online Store can be placed through an established and registered Account or by choosing the option to purchase without registration.
- Registering an Account or using the Online Store through the purchase option without registration is tantamount to concluding a contract between the Seller and the Customer for the provision of Services. The commencement of the provision of Services by the Seller to the Customer via the Online Shop takes place after the conclusion of the contract for the provision of Services.
Account Registration
- Registration of an Account in the Online Store requires the Customer to fill in an electronic form provided by the Seller for this purpose, by completing the data and information required by the Seller in order to provide Services and conclude a Sales Agreement, including personal data, including: first and last name or business name of the Customer, Tax Identification Number, address of residence or registered office, electronic mail address (e-mail), telephone number, shipping address (house number, apartment number, postal code, city) and other data and information indicated in the form in question. Failure to provide all data and information required in the Account registration process may prevent the Seller from providing Services to the Customer. Customer's account is subject to verification through one of the methods chosen by the Customer - SMS text message or e-mail message. In addition, the registration of the Account requires the completion of the Login and Password in the appropriate places independently established by the Customer, which will be used each time the Customer logs into the Customer's Account in the Online Store. Registration of an Account requires acceptance by the Customer of the Regulations and Privacy Policy, as well as consent to the processing of personal data and the clause referred to in § 3 par. 14 Regulations. By accepting the indicated documents and clauses, the Customer declares that he or she has become familiar with them and accepts their contents and conditions. Other clauses and consents may appear in the Account registration process, the acceptance of which is not required for the purposes of Account registration, and the Customer may or may not agree to their validity. The customer has the right to register only one Account. The data entered by the Customer for the purposes of registering an Account may be freely modified by the Customer, with the proviso that confirmed and accepted for execution Orders will be executed on the data disclosed in the Customer Account at the time of accepting the Order for execution.
- The contract for the provision of Services is concluded for an indefinite period of time. The parties have the right to terminate the Agreement in the situations indicated herein. The notice of termination of the contract for the provision of Services shall be made and delivered to the other party in writing or electronically. The Customer may terminate the contract for the provision of Services by giving 7 days' notice counting from the date on which the notice of termination was delivered to the Vendor at the Vendor's contact details specified in § 2 par. 16 of these Regulations without indicating the reasons. The Seller may terminate the contract for the provision of Services with immediate effect by sending a statement to the Customer at the contact information indicated when registering the Account or placing the Order, in the event of violation by the Customer of § 2 par. 17 of these Regulations and other flagrant violation of the provisions of these Regulations. The Seller may in such a situation stipulate that the re-registration of the Customer Account will require the permission of the Seller. Termination of the contract for the provision of Services shall not affect Sales Contracts concluded before the termination of the validity of the contract for the provision of Services, as well as concluded Sales Contracts the subject of which are services other than the delivery of Goods, in particular, concluded contracts for the provision of warranty, delivery, insurance and other services.
- The customer may delete the Account at any time and without giving reasons. The deletion of the Account by the Customer is tantamount to a declaration of termination of the contract for the provision of Services.
- Upon termination of the binding contract for the provision of Services between the Parties, the Customer's Account shall cease to be active, and all Orders placed by the Customer in the scope of which the Sales Contract has not been concluded shall be cancelled.
- The registered Account is available to all who have a Login and Password assigned to the Account. The Customer shall be solely and entirely responsible for making its Login and Password available to third parties or for their inadequate security resulting in third parties gaining access to them, as well as for any consequences of the use of the data in question, including Orders placed through it and other activities performed by third parties using the Customer's Login and Password, which shall be deemed to have been concluded or performed by the Customer, respectively, unless the situations in question were caused by circumstances solely on the Seller's part.
Purchase without registration
- Choosing the option of purchase without registration in the system of the Online Store, a temporary, internal account is created for the purpose of processing the data necessary to complete the Order placed on the basis of which the Customer can create an Account. In the case of choosing the purchase function without registration, in order to place an Order, the Customer is obliged to fill in the Order Form by entering all the necessary data for the conclusion and execution of the Sales Agreement, including: the Customer's name and surname or company name, Tax ID, electronic mail address (e-mail), telephone number, shipping address (house number, apartment number, postal code, city). The use of the purchase functionality without registration requires the Customer to accept the Terms and Conditions, the Privacy Policy and to agree to the processing of personal data and the clause referred to in § 3 par. 14 Regulations. The customer does not have to accept the other clauses in order to place and complete the Order. An internal account is maintained until the Order is placed.
Placing an Order
- The Seller makes the Online Store available for the purpose of placing an Order 24 hours a day, 7 days a week, subject to the periodic shutdown of the Online Store due to maintenance work and breakdowns. Orders placed after 12:00 p.m. and on a day that is not a Business Day will be processed on the next Business Day.
- The purchase is made by completing the Order Form available on the pages of the Online Store. The customer selects the ordered Products via the Online Store by adding them to the Cart. The Order Form specifies which Products, at what price and in what quantities the Customer decides to order with the obligation to pay.
- The customer is solely responsible for any errors made in completing the Order Form.
- The customer takes the appropriate technical steps based on the messages displayed in the Order Form. After selecting the Products subject to the Order, the Customer performs the following steps in the next steps:
- Selects the method of delivery from the available options in the Order Form - the selection of a delivery method results in an increase in the value of the Order by the price of the selected delivery option;
- Selects the payment method from the available options in the Order Form;
- Enters the data required by the Order Form necessary for the purposes of completing the Order, including - the Customer's name and surname or company name, Tax ID, electronic mail (e-mail) address, telephone number, shipping address (house number, apartment number, postal code, city), unless the Customer has a registered and active Account - in this case the system automatically processes the indicated data;
- Verifies the correctness of the data entered in the Order Form - in particular, the type and quantity of Products ordered, the place and method of delivery, the method of payment, the price for the Products and the price of the selected delivery method;
- Acknowledges reading, no objection and agrees to be bound by the provisions of the Terms and Conditions and Privacy Policy;
- He agrees to the processing of his personal data and, in case of impression of such will, to the content and binding of other clauses and documents;
- Selects the icon I order and pay, which takes the Customer to the payment page (except in the case of selecting the option - payment on delivery, which will take the Customer immediately to the Order Confirmation page) - by which the Customer confirms that he/she decides to place the Order with the obligation to pay all prices, fees and costs that are disclosed in the Order Form before its final acceptance.
- After the Customer has provided all the data required in the Order Form and paid for the Order (paying for the Order during its placement is required only if the payment option is selected before delivery), a summary of the Order placed will be displayed. The Order Summary will contain information regarding: data identifying the Seller and the Customer, the subject of the Order, the unit and total price of the ordered Products, the method and cost of delivery, the selected method of payment, the time and address of delivery and other data if any.
- If the subject of the Sales Agreement is the supply of digital content that is not recorded on a tangible medium or services provided electronically or remotely - the Consumer in an additional checkbox, required to place the Order and located on the Order Form, gives the following consent: "I agree to provide me with digital content that is not recorded on a tangible medium as a result of the concluded sales contract, and to the fulfillment of performance by the seller before the expiration of the deadline for withdrawal from the sales contract and the loss of the right to withdraw from the concluded sales contract within 14 days from the date of its conclusion. I have been informed that the supply of digital content before the expiration of the withdrawal period, entails the loss of the right to withdraw from the contract." The seller will acknowledge receipt of the above. consents by e-mail together with the confirmation of Order Placement.
- In order to place an Order, it is necessary to provide in the Order Form personal data of the Customer marked as mandatory, to accept the content of the Regulations and Privacy Policy, to express consents indicated in the Order Form as required for the purpose of providing the Services and concluding the Sales Agreement.
- The Order is placed by pressing the button Order and pay, whereby:
- The Customer's sending of the Order Form constitutes a binding declaration of intent to conclude a Distance Sales Agreement in accordance with the content of these Regulations.
- A Distance Selling Agreement is considered to be concluded at the moment of receipt by the Seller of the payment made by the Buyer for the Order placed. The Seller confirms the payment of the Placed Order in the e-mail message referred to in § 3 par. 16 lit. c below. In a situation in which the Customer chooses the payment on delivery option, the Distance Sales Agreement is considered to be concluded at the moment when the Seller sends the e-mail message referred to in § 3 par. 16 lit. c below.
- After concluding a Distance Sales Agreement, the Buyer receives, in the form of an e-mail message, a confirmation of placing and proceeding by the Seller to execute the Order containing: confirmation of the content of the submitted Order, and in particular all significant elements of the Order specified in these Regulations and the Order Form, the content of the clauses accepted by the Customer in the wording in force on the date of conclusion of the Sales Agreement, links to the Regulations, Privacy Policy, information on the exercise of the right of withdrawal from the Sales Agreement together with a sample statement on withdrawal from the Sales Agreement (Attachment No. 1 and 2 to these Regulations), data of the Seller, information on the scope of the Seller's liability for the quality of performance, and possibly also on the services provided by the Seller after the sale. Confirmation of the Order will be sent by the Seller to the Buyer no later than 7 Business Days from the date of the Order.
- The price of the Product shown on the website of the Internet Shop is given in Polish zloty and includes taxes. About the total price including taxes of the Product that is the subject of the Order, as well as about the costs of delivery and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order.
- When the shipment with the Order is sent to the delivery address indicated by the Buyer, the Buyer receives an e-mail to the e-mail address indicated by the Buyer with proof of purchase - invoice, simplified invoice or receipt, respectively. At the same time, the proof of purchase is attached to the shipment with the ordered Goods.
- The consumer has 3 months from the date of delivery of the Order to request an invoice for the fiscal receipt. The request should be addressed through the contact details of the Seller indicated in § 2 item 16 of the Regulations.
- If the Customer is purchasing as an entrepreneur, he/she is required to indicate the TIN and other company data required in the Order Form at the time of placing the Order.
- Change or cancellation of the Order by the Buyer is possible only through direct contact with the Seller through the contact details of the Seller indicated in § 2 item 16 of the Regulations. It is impossible to issue an instruction to change or cancel an Order after the Seller has proceeded with the Order process.
- When placing an Order, the Buyer is obliged to exercise due diligence. Entering incorrect data may result in cancellation of the Order. The customer is solely responsible for any errors made in completing the Order Form.
- If the Customer cancels the Order, the Seller shall refund the payment received within 14 Business Days. The payment will be refunded using the same method of payment used by the customer and to the same bank account from which the payment was made.
- Order processing time is from 1 to 30 working days counting from the day of the conclusion of the Sales Agreement. The estimated lead time of the Order may be extended in exceptional situations, beyond the Seller's control, of which the Customer will be notified by the Seller via telephone communication or e-mail. The Order is considered to be completed when the shipment with the Order is sent to the Buyer's address indicated in the Order Form.
- The Seller reserves the right to cancel or partially cancel the Order in case of lack of availability of the ordered Products, placing the Order in a manner contrary to the Terms and Conditions or in case of gross violation of the Terms and Conditions and Privacy Policy by the Customer. The Seller will inform the Customer about the cancellation or partial cancellation of the Order indicating the reason by e-mail. In the case of partial inability to complete a placed Order due to lack of availability of Products, the Seller will inform the Customer, who will have the opportunity to partially complete the Order (to the extent of Products available to the Seller at the time of conclusion of the Sales Agreement) or cancel the Order in its entirety. Failure to make a declaration of intent by the Customer as to the preferred method of dealing with the Order in the case of only partial availability of Products, within 2 Business Days from the moment the Seller directs the proposal, will result in the execution of the Order in the manner proposed by the Seller. The Seller shall refund the payment received for the cancelled Order (or part of it in the case of partial cancellation of the Order) within 14 Business Days of its cancellation.
- By making an Order through the Online Store, the Customer confirms that the content of the Regulations, Privacy Policy is known to him and he accepts their provisions. Acceptance of these Regulations and the Privacy Policy by the Buyer in the course of placing the Order, by checking the appropriate box in the form, is a condition for concluding the Sales Agreement. Failure to accept the Terms and Conditions and Privacy Policy prevents you from making a purchase and placing an Order on the Online Store.
§ 4. PAYMENT
- The online store offers the possibility to make online payments through the payment methods provided by Imoje ING Bank Śląski S.A. (payment by debit card, credit card, e-transfer, Blik, and others), by traditional bank transfer to the bank account indicated in the Order Form and the e-mail message referred to in § 3 par. 16 lit. c of the Regulations, or cash on delivery (with payment upon delivery of the Goods). Deferred payment option is possible in situations individually agreed with the Seller.
- Payment for the Product can be made by the method chosen at the time of placing the Order via the Order Form.
- The Customer is obliged to make payment for the Order placed no later than within the next 3 Business Days from the date of Order Placement. After the expiration of the period indicated in the preceding sentence, the Order will be automatically canceled.
§ 5. DELIVERY
- Delivery of the Product is available only on the territory of the Republic of Poland.
- The Customer chooses the method of delivery of the ordered Goods by selecting the preferred option from those provided by the Seller in the Order Form.
- In the event that the Buyer does not receive the Goods attempted to be delivered in the manner selected in the Order Form, which will result in the return of the Goods to the Seller's address, the Seller is entitled to withdraw from the Sales Agreement by a statement made to the Buyer at the e-mail address indicated in the Order.
- In the situation indicated in § 5 para. 2 above, the Seller shall refund to the Customer the payment received for the Goods purchased by the Customer within 14 Business Days, with the refunded value reduced by the costs of the attempted delivery of the ordered Goods.
§ 6. WITHDRAWAL FROM THE CONTRACT - ELECTRONIC RETURN FORM
- A Buyer who is a Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In case of withdrawal from the Sales Agreement concluded at a distance - the agreement is considered not concluded.
- The right to withdraw from the Sales Agreement on the principles set out in Chapters 6 and 7 of these Regulations also applies to a natural person conducting a sole proprietorship making a non-professional purchase.
- The vendor will verify the authorization of the person indicated in § 6 par. 2 above statement of withdrawal from the Sales Agreement. Verification is carried out by checking whether the concluded Sales Agreement has no professional character for this person - which, in particular, is done by analyzing the PKD codes indicated in the Central Register and Information of Business Activity for the entry made for this person. In the event that it is determined that the purchase of the Product made by a sole proprietor in the Online Store was - contrary to assurances to the contrary - of a professional nature, the Seller shall immediately, i.e. no later than within 3 Business Days from the receipt of a statement of withdrawal from the Sales Agreement - inform the person making the statement that due to the professional nature of the purchase made, he/she is not entitled to withdraw from the Sales Agreement, and therefore the statement made about the withdrawal from the Sales Agreement does not have legal effects. If the declaration of withdrawal from the Sales Agreement is accompanied by the physical return of the Goods - the Goods will be sent back at the expense of the person making the declaration and to the address details previously provided in the Order. The Seller's response will be given using the same method used by the person making the ineffective statement of withdrawal from the Sales Agreement.
- In the case of withdrawal from the Sales Agreement, the Consumer shall bear only the direct costs of returning the Goods, i.e. the shipping costs by which the Goods were sent back to the Seller's address.
- Due to the weight and dimensions of the Product, in the case of withdrawal from the Sales Agreement - sending back the Product may involve higher costs than ordinary postal delivery. If you want to use courier services, you may need to send your shipment on a pallet, which is more expensive than regular postal delivery.
- The Consumer's statement must unambiguously express his will to withdraw from the Sales Agreement, in particular, the Consumer may:
- use the Return Form available on the website of the Online Store;
- withdraw from the Sales Agreement using the form of withdrawal from the Sales Agreement included in Appendix No. 2 to these Regulations by sending it to the Address of the Seller's registered office, or a signed scan by e-mail to the following e-mail address of the Seller info@tridis.en;
- The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the Sales Agreement submitted in the manner specified in § 6 par. 5 litres. a or b above.
- To meet the 14-day deadline it is sufficient to send the statement of withdrawal from the Sales Agreement before its expiry.
- The period for withdrawal from the Sales Agreement begins:
- for the contract in the performance of which the Seller is obliged to issue and transfer ownership of the Goods - from the moment of delivery of the Goods to the Consumer, his household member or other person present at the place indicated by the Consumer as the place of delivery of the Goods or other third person indicated by the Consumer who is not a carrier, and in the case of a contract that:
- includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
- consists in the regular delivery of things for a fixed period of time - from taking possession of the first item;
- for other contracts - from the date of their conclusion.
- The form of declaration of withdrawal from the Sales Agreement (Attachment No. 2 to these Terms and Conditions) and information regarding the exercise of the right of withdrawal from the Sales Agreement (Attachment No. 1 to these Terms and Conditions) are provided to the Buyer in electronic form together with the e-mail message referred to in § 3 item 16 letter. c of these Regulations.
- The right of withdrawal from a Distance Sales Agreement does not apply to the contracts indicated in Art. 38 of the law of 30.05.2014. (OJ.U. of 2019. pos. 134) on consumer rights, in particular the following contracts:
- for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
- in which the object of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs;
- in which the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery - the Seller indicates that this applies in particular to in-ear headphones;
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
- in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to the additional services or things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- concluded through a public auction;
- for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
- for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.
§ 7. EFFECTS OF WITHDRAWAL FROM THE CONTRACT OF SALE OF GOODS
- The Seller, within 14 days from the date of receipt of the return of the Product together with a statement of withdrawal from the Sales Agreement, shall refund to the Consumer all payments made by the Consumer for the Order, including delivery costs, corresponding to the cheapest delivery option offered by the Seller, subject to § 7 par. 2 and 3 of these Regulations.
- The payment will be refunded using the same method of payment that the Consumer used to pay for the Order and to the bank account from which the Consumer made the payment;
- If the Consumer, in order to exercise the right to withdraw from the Sales Agreement, uses the Return Form - the funds will be refunded via the method selected by the Consumer in the Return Form and to the bank account provided by the Consumer in the Return Form.
- The Seller may offer the Consumer to collect the Product from him himself. However, if the Seller did not make such a proposal - the Consumer is obliged to return the Product to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the date on which he made a statement about withdrawal from the Sales Agreement. To meet the above deadline, it is sufficient to send the item back before the deadline. The consumer is obliged to return the Product to the Seller's registered address.
- The consumer is responsible for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. The Seller reserves the right to reduce the amount of the refund if the Goods are damaged or bear traces of use beyond what is necessary to ascertain the properties, nature, characteristics and functioning of the item. In particular, if the Goods are stripped of seals, security devices, stickers, foils and other elements, the removal of which was not necessary for the purpose of checking the properties and deciding on the retention or return of the goods. The degree of reduction in the value of the Product and the associated deduction of the amount returned to the Consumer shall be determined by the Seller.
- The Seller is entitled to refuse to consider the statement of withdrawal from the Sales Agreement if the Consumer has withdrawn from one of the contracts referred to in § 6 par. 9 of these Regulations, or if the returned Product is incomplete or damaged, and in the case in which the declaration of withdrawal from the Sales Agreement or return of the Product was made in violation of the deadline set herein.
§ 8. ADVERTISEMENTS
Liability under warranty and guarantee in relations with Consumers and sole proprietors making purchases of a non-professional nature
- The Seller is obliged to provide Products free from physical and legal defects and is responsible to the Customer for physical and legal defects of the purchased Product under the terms of these Regulations and the provisions of the applicable law, in particular the Civil Code.
- The seller is liable under the warranty for physical defects that existed at the time of issue of the thing to the buyer or resulted from a cause inherent in the sold thing at the same time - for a period of 2 years. The Seller is exempt from liability under the warranty if the Consumer knew about the defect at the time of the conclusion of the Sales Contract.
- In the case of products also covered by warranty, the rights of the buyer and the obligations of the guarantor on this account are defined and must be exercised in accordance with the terms of the warranty card. the granted warranty for the sold Product is an additional entitlement and does not exclude, limit or suspend the Consumer's rights under the seller's liability under the provisions on warranty for defects of the sold thing (art. 577 of the Civil Code Act). The warranty period is 24 months, unless otherwise stated in the warranty provided by the guarantor.
- If the Product has physical or legal defects, the Buyer may file a defect warranty claim with the Seller through a statement made:
- via the Claim Form;
- in writing, addressed to the address of the Seller's registered office or by electronic correspondence to the e-mail address info@tridis.en.
- In the notification, it is necessary to specify the defect that the Buyer believes the Product has, the date of noticing the defectiveness of the Product, the demand or demands against the Seller and attach photo documentation showing the defect in question, if possible. The seller is obliged to respond to the complaint within 14 days of its receipt. A response to a complaint is considered to be a statement by the Seller on the acceptance or refusal of the complaint. If the Vendor has not responded in the aforementioned. deadline is considered to have acknowledged the complaint. The Seller's response to the complaint shall be provided to the Buyer in writing or on a Durable Medium.
- If the sold Product has a defect, the Buyer may make a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Buyer will replace the defective Product with a defect-free one, or will remove the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the Product with a defect-free one or to remove the defect. The reduced price should remain in such proportion to the price under the Sales Contract that the value of the Product with a defect remains to the value of the Product without a defect. The buyer may not withdraw from the Sales Agreement if the defect is insignificant.
- If the sold thing has a defect, the Buyer may also demand replacement of the Product with a defect-free one or removal of the defect. The Seller may refuse to satisfy the Buyer's request if bringing the defective Product into conformity with the Sales Agreement in a manner chosen by the Buyer is impossible or, compared with the other possible manner of bringing it into conformity with the Sales Agreement, would require excessive costs.
- A complaint is considered filed at the time of delivery of a complete and properly protected Product to the registered office of the Seller or to another address indicated by the Seller, including, for example, to an authorized service center or other entities whose opinion may prove necessary in the process of verifying the validity of the complaint filed. The 14-day period for the Seller to respond begins to run when the Product is delivered to the Seller's premises.
- The customer is obliged to properly secure the advertised Product and is solely responsible for any damage to the Product as a result of inadequate security.
- If the Seller recognizes the complaint as legitimate, all costs associated with it, including the cost of replacing the Product with a new and undamaged one or the cost of repairing the Product and the cost of shipping associated with the Product complaint shall be borne by the Seller. In case of refusal to accept a complaint, all costs related to it shall be borne by the Buyer.
- If the complaint filed by the Buyer is considered legitimate and accepted, as a result of which the sold Goods will be subject to repair or replacement with a new one, the Seller shall carry out the process of repair or replacement immediately, no later than within 21 days from the date of delivery of the Goods complained about to the Address of the Seller's registered office or to another address indicated by the Seller in accordance with § 8 par. 4 of the Terms and Conditions, unless the replacement or repair of the Goods within the said period will not be feasible for reasons beyond the Seller's control. The Seller shall inform the Buyer of the impossibility of carrying out repair or replacement within 21 days indicating, if possible, the approximate date of completion of the process of repair or replacement of the Goods and the reason for the delay.
- Responding to a complaint submitted by the Customer is to be understood as a statement made by the Seller to the Buyer, from which it will be unequivocally clear whether the Seller recognizes the notification of a defect and the resulting demand of the Buyer and, if so, to what extent.
- The complaint rights provided for in § 8 of these Regulations also apply to a sole proprietor making a non-professional purchase. § 6 para. 3 of these Regulations shall apply accordingly.
- The seller will process the customer's personal data in order to process the complaint in accordance with the Privacy Policy.
- If, following a complaint filed by the Consumer, the dispute has not been resolved, the Seller may provide the Consumer with a statement on paper or other durable medium:
- intention to apply for the initiation of proceedings for out-of-court settlement of consumer disputes or consent to participate in such proceedings or
- refusal to participate in the procedure for out-of-court settlement of consumer disputes.
Liability under warranty and guarantee in relations with entrepreneurs
- In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
- At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the consignment.
- If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this kind. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.
- Responsibility Seller to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both under a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the concluded Sales Agreement. The Seller shall be liable only for typical damages foreseeable at the time of the conclusion of the Sales Contract and shall not be liable for the Customer's lost profits.
- Seller informs that in the case of Products under warranty, the Buyer's rights and the Guarantor's obligations thereunder are defined and should be exercised in accordance with the terms and conditions contained in the Product warranty card. The warranty period is 12 months, unless otherwise stated in the warranty provided by the guarantor.
§ 9. OPINIONS
- After processing the Order placed by the Customer, the Customer may be asked in an email to add a Service Evaluation of the Order placed and processed, as well as an evaluation of the individual Products ordered by the Customer. Evaluation of the Order handling and evaluation of individual Products is voluntary and free of charge, and in order to do so, the Customer must click on the link contained in the email sent, which takes the Customer to a separate page to submit the Evaluation, or submit such Evaluation independently through the Customer Account. Within a single Order - the Customer is only allowed to add the Rating in question once.
- Within the added Rating, the customer can give a rating from 1 to 5 and choose the appropriate number of stars depending on the level of satisfaction with the services and the Order placed and completed. In addition, the customer can add a verbal statement limited to 65535 characters. Each Appraisal submitted by the Customer is automatically signed with the Customer's name indicating the city, which is indicated by the Customer when registering the Account, as the place of residence/site.
- Ratings are stored and displayed publicly on the Online Store website.
- The vendor does not substantively verify, inspect or modify Assessments. The buyer is solely responsible for the content of the assessments posted on the Online Store. The Seller shall be entitled to remove Evaluations in whole or in part under the terms of the law and these Regulations.
- It is unacceptable to post content within Assessments that contains information that is false, misleading, vulgar, aggressive, offensive, or contrary to good morals, personal information, mailing addresses, or contact information. It is also unacceptable to post content of an unlawful nature, violating the rights of third parties, including copyrights, or constituting an act of unfair competition.
- The customer agrees not to post content within the Assessment that contains links to external websites that are promotional or advertising in nature or that contain personal information of third parties.
- The customer is solely responsible for the statements he edits and posts, in particular, he is responsible for violating the rights or property of third parties.
- At the express request of the Customer, the content of the Ratings may be hidden to other users of the Online Store, but the awarded Rating in the form of stars is included in the overall rating of the Online Store and the given Product.
- The Customer, by posting a Rating, acknowledges and agrees that the Online Store and the functionality of posting Ratings is not for public display and sharing of any content, but factual and specific evaluations on the subject of the Products provided by the Seller and the manner in which the Services are provided and satisfaction with the progress of the Orders.
- Seller reserves the right to remove or refuse to publish ratings and content that violate the law and the provisions of these Regulations, Privacy Policy and morality.
§ 10. INTELLECTUAL PROPERTY
- The online store and all content contained therein is protected by copyright law. The customer is only entitled to the rights expressly granted under these Regulations.
- The Customer shall not be entitled to any recording, reproduction, making available, publicizing, reproducing, copying, transmitting, storing or distributing of any content contained in the Online Store, unless such right arises from the provisions of law or the Terms and Conditions.
- The customer is not authorized to interfere in any way with the content of the Online Store, in particular, is not authorized to interfere with the content, structure, form, graphics, mechanism of operation, or other elements of the Online Store.
- If the evaluations posted by the Customer in the Online Store constitute works within the meaning of the Act of 4.2.1994. on Copyright and Related Rights, the Client voluntarily posting the content in question on the Online Store as soon as it is established in any form, including unfinished, grants the Seller a non-exclusive and gratuitous and unlimited in time and territory license to use these works by the Seller, together with the right to grant sublicenses, which includes making the work available to the public in such a way that anyone can have access to it at a place and time of their choosing (Internet), in particular publication on the Online Store. The license is granted for all fields of exploitation known at the time of its granting, in particular for the following fields of exploitation:
- in terms of recording and reproduction of the work by any technique - in particular, by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual medium, in particular, on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related online services and reproduction, fixation, use on the Internet, advertising, reproduction of electronic recording in computer memory and in internal and external networks,
- use of the whole or fragments or any elements of the work with the possibility of modification resulting from the essence of the given Internet medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, especially in the form of audiovisual, audio, media advertising.
- in terms of circulation of the original or copies on which the work was fixed - marketing, lending, rental of the original or copies,
- within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing,
- use of works for promotional and marketing purposes.
- The deletion of the Account by the Customer or Assessments does not affect the validity of the above license.
§ 11. FINAL PROVISIONS
- The contents of the Terms and Conditions set forth herein shall be effective as of the date indicated on the first page of the Terms and Conditions, under the title thereof, in the place "last updated (...)".
- If any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions of these Terms and Conditions shall remain in force and bind the Seller and the Customer.
- The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A customer who is a Consumer may also use out-of-court ways of dealing with complaints and claims. All information about out-of-court ways of handling complaints and pursuing claims can be obtained from the website of the Office of Competition and Consumer Protection at: www.uokik.gov.en. At the same time, we inform you that the indicated proceedings are voluntary and both parties must agree to them.
- Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013. we inform that at https://ec.europe.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level is available (ODR platform). The ODR platform is a one-stop shop website for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.
- At the request of the Customer, the Seller will provide information on the specific risks associated with the use of electronic services.
- Detailed rules for the processing of customer's personal data are set out in the Privacy Policy.
Appendix 1 to the Regulations
- Information on exercising the right of withdrawal
from a distance sales contract
- Consumers and sole proprietors who make a purchase of a non-professional nature have the right to withdraw from a distance sales contract under the following rules.
- You have the right to withdraw from this contract within 14 days without giving any reason. The period for withdrawal from the contract expires after 14 days from:
- for a contract in the performance of which the delivery and transfer of ownership of the goods took place - from the moment of delivery of the goods to the person indicated in Item 1 above, his household member or other person present at the place indicated as the place of delivery of the goods or a third party other than the carrier indicated by the entity indicated in Item 1 above, and in the case of a contract which:
- includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
- consists in the regular delivery of things for a fixed period of time - from taking possession of the first item;
- for other contracts - from the date of their conclusion.
- In order to exercise the right of withdrawal, it is sufficient to direct an unequivocal statement of withdrawal from the concluded contract of sale in writing to the address of the registered office of the Seller or by electronic correspondence to the following e-mail address: info@tridis.en
- You may use the model statement on withdrawal from the sales contract, which is attached as Appendix No. 2 to the Regulations, but this is not mandatory.
- You can also fill out the Return Form available on the website of the Online Store. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal information on a durable medium.
- In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.
- In the event of withdrawal from the sales contract, within 14 days from the day of receipt or receipt of the return of the goods after the declaration of withdrawal from the sales contract, the Seller will return to the withdrawing party all payments received on account of the order from which the withdrawal was made, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest ordinary method of delivery offered by us). We will refund your payment using the same methods you used when placing the Order, unless you declare your willingness to use different rules and methods.
- In the case of contracts obliging to transfer the ownership of an item, in which we have not offered to collect the Product after the declaration of withdrawal from the Contract - please return and deliver the item to the address of our registered office - Sienkiewicza 7A Street, 13-306 Kurzętnik, no later than 14 days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period. The direct costs of returning the item are on your side.
- Due to the weight and dimensions of the Product, in the case of withdrawal from the contract - returning the Product may incur higher costs than ordinary postage by mail. If you want to use courier services, you may need to send your shipment on a pallet, which is more expensive than regular postal delivery.
- At the same time, I would like to inform you that you are responsible for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. The Seller reserves the right to reduce the amount of the refund if the Goods are damaged or bear traces of use beyond what is necessary to ascertain the properties, nature, characteristics and functioning of the item. In particular, if the Goods are stripped of seals, security devices, stickers, foils and other elements, the removal of which was not necessary for the purpose of checking the properties and deciding on the retention or return of the goods. The degree of reduction in the value of the Product and the associated deduction of the amount returned to the Consumer shall be determined by the Seller.
- Other rules of withdrawal from a distance sales contract are included in the Regulations of the online store www.tridis.en available at the address indicated.
Appendix 2
- Model withdrawal form]
(https://tridis.yourtechnicaldomain.com/regulation.php?file=att2 "Download document")