Terms and conditions

 

TERMS AND CONDITIONS OF THE TADEEVO.COM ONLINE STORE CONTENTS: 

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE3. TERMS OF CONCLUDING SALES AGREEMENTS4. METHODS AND TERMS OF PRODUCT PAYMENTS

5. COST, METHODS AND DELIVERY TIME AND RECEIPT OF THE PRODUCT

6. PRODUCT COMPLAINTS7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THOSE PROCEDURES8. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)9. PROVISIONS REGARDING ENTREPRENEURS10. FINAL PROVISIONS11. MODEL WITHDRAWAL FORM 

Online Store www.tadeevo.com acts with a concern for the rights of consumer. The consumer can not waive the rights granted based on the Consumer Rights Act. Any agreement provisions that are less favourable to the consumer than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights ACT shall be applied. Therefore, the provisions of these terms and conditions are not intended to exclude or limit any consumers rights granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied

 

1. GENERAL PROVISIONS

 

1.1. The Online Store available at the address www.tadeevo.com is operated by TADEUSZ KOC who operates a business enterprise under the business name of TADEUSZ KOC PRIMAL EVO entered into the Central Registration and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with place of business address and service address: ul. Królowej Jadwigi 29/12, 30-209 Krakow, TAX ID (PL-NIP) 6772353664, REGON 364424063, electronic e-mail address: shop@tadeevo.com.

 

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs who use the Online Store, unless a section is intended solely for consumers or entrepreneurs.

 

1.3. The Service Provider is the Administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Online Store’s website. The submission of personal information is voluntary. Each person whose personal data is processed by the Service Provider is entitled to view, update and amend their personal data.

 

1.4. Definitions:

 

1.4.1. WORKING DAY - one day between Monday and Friday, excluding public holidays.

 

1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables you to set up an Account.

 

1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store which enables you to place an Order, in particular by adding Products to an electronic shopping cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

 

1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in instances provided for by commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without a legal personality, on which the law grants  legal capacity;

 

-  which has concluded or intends to conclude the Sale Agreement with the Seller.

 

1.4.5. CIVIL CODE - the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).

 

1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service User, set of resources within the Service Provider’s information and communication technology system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.

 

1.4.7. PRODUCT - a movable item available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.

 

1.4.8. Terms and conditions – the following Online Store terms and conditions.

 

1.4.9. ONLINE STORE - the Service Provider's online store available at the Internet address: www.tadeevo.com.

 

1.4.10. SELLER; SERVICE PROVIDER - TADEUSZ KOC who operates a business enterprise under the name business name of TADEUSZ KOC PRIMAL EVO entered in the Central Registration and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with place of business adress and service address: ul. Królowej Jadwigi 29/12, 30-209 Krakow, TAX ID (PL-NIP) 6772353664, REGON 364424063, electronic e-mail address: shop@tadeevo.com.

 

1.4.11. SALES AGREEMENT - a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Store’s website.

 

1.4.12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store’s website.

 

1.4.13. SERVICE USER - (1) a natural person with full legal capacity, and in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without a legal personality, which is granted the legal capacity by the law;

 

-  who uses or intends to use the Electronic Service.

 

1.4.14. THE CONSUMER RIGHTS ACT, THE ACT - the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)

 

1.4.15. ORDER – a Customer's declaration of will submitted via the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

 

2. ELECTRONIC SERVICES IN THE ONLINE STORE

 

2.1. The following Electronic Services are available in the Online Store: Account and Order Form.

 

2.1.1. Account – use of the Account is possible after performing three consecutive steps by the Service User: (1) filling out the Registration Form, (2) clicking the "Create an Account" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the email address provided. In the Registration Form, it is necessary to provide by the Service User the following Service User’s data: an e-mail address and a password.

 

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account by sending a corresponding request to the Service Provider, in particular via e-mail to the following address: shop@tadeevo.com or in writing to the address: ul. Królowej Jadwigi 29/12, 30-209 Krakow.

 

2.1.2. Order Form - use of the Order Form begins with adding by the Customer of the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after performing two consecutive steps by the Service User: (1) filling out the Order Form and (2) clicking "Confirm Order" button at the Online Store’s website after filling out the Order Form. Up to that moment it is possible to modify the entered data independently (to do that, follow the instructions displayed on screen and information available at the Online Store’s website). In the Order Form, it is necessary for the Customer to provide the following data of the Customer: name and surname / company name, address (street name, house / flat number, zip code, city, country), e-mail address, contact telephone number and the data of the Sale’s Agreement: Product (s), quantity of Product (s), place and method of Product (s) delivery, method of payment. In the case of non-consumers Customers, it is also necessary to provide the company name and tax ID number and REGON number.

 

2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.

 

2.1.3. . Technical requirements necessary to cooperate with the information and communication technology system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and higher; (4) enabled option to save cookies and Javascript support in the web browser.

 

2.2. The Service User is obliged to use the Online Store in accordance with the law and good customs and in respect of the personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is prohibited from entering content which is illegal in nature.

 

2.3. Complaint procedure:

 

2.3.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Terms and Conditions), can be submitted by the Service User, for example:

 

2.3.2. in writing to the following address: ul. Królowej Jadwigi, 29/12, 30-209 Krakow;

 

2.3.3. in electronic form via e-mail to the following address: shop@tadeevo.com;

 

2.3.4. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service User's claim/request; and (3) contact details of the claimant - the above will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

 

2.3.5. The Service Provider shall address the complaint immediately, no later than within 14 calendar days from the date of its submission.

 

 

3. TERMS OF CONCLUDING SALES AGREEMENT

 

3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.

 

3.2. The Product price visible on the Online Store website is given in Polish zloty (PLN) and includes taxes. The Customer is informed of the total value of the Product including taxes being the subject of the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, and of the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.

 

3.3. Procedure of Sales Agreement Conclusion at the the Online Store using the Order Form.

 

3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after prior placement by the Customer of an Order in the Online Store in accordance with pt. 2.1.2 of the Terms and Conditions.

 

3.3.2. After placing the Order, the Seller promptly confirms its receipt and at the same time accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.

 

3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place through: (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store information and communication technology system.

 

4. METHODS AND TERMS OF PRODUCT PAYMENT

 

4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:

 

4.1.1. Payment via bank transfer to the Seller's bank account.

 

4.1.2. Electronic payments and card payments via BlueMedia.pl, PayU.pl, PayPal.com and Przelewy24.pl - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website http: // bluemedia.pl /, http://www.payu.pl, https://www.paypal.com/pl, http://www.przelewy24.pl/.

 

4.1.2.1. Settlement of transactions by electronic payments, e-transfers and card payment are conducted in accordance with the Customer's choice through the service BlueMedia.pl, PayU.pl, PayPal.com, Przelewy24.pl and Dotpay.pl. Electronic payments service and payment cards service is provided by:

 

4.1.2.1.1. BlueMedia.pl - Blue Media S.A. company. with registered office in Sopot (address: Haffnera 6, 81-717 Sopot), entered in the Register of Entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk - North in Gdańsk, share capital in the amount of 2,000,000 PLN fully paid, TAX ID: 5851351185.

 

4.1.2.1.2. PayU.pl - PayU S.A. company with registered office in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of 4,000 .000 PLN fully paid, TAX ID: 779-23-08-495.

 

4.1.2.1.3. PayPal.com - PayPal (Europe) S.a.r. & Cie, S.C.A., 4th floor 22-24 Boulevard Royal, L-2449, Luxembourg.

 

4.1.2.1.4. Przelewy24.pl - Dialcom24 Sp. z o.o. with registered office in Poznań (registered address: Kanclerska 15, 60-327 Poznań) entered in the Register of Entrepreneurs of the National Court Register under the number 0000306513, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of PLN 1,697.000, TAX ID: 7811733852.

 

4.1.2.1.5. Dotpay.pl

 

4.2. Payment deadline:

 

4.2.1. The Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sale Agreement.

 

5. COST, METHODS AND DELIVERY TIME AND RECEIPT OF THE PRODUCT

 

5.1. Product delivery is available throughout the world.

 

5.2. The delivery of the Product to the Customer is free of charge.

 

5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

 

5.3.1. Postal service.

 

5.4. The time of delivery of the Product to the Customer is up to 14 Business Days, unless in the description of a given Product or when placing an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given, which, however, cannot exceed 14 Business Days. Starting point for delivery of the Product to the Customer starts from the crediting date of the Seller's bank account or the settlement account.

 

6. PRODUCT COMPLAINT

 

6.1. The basis and scope of the Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty) are specified by generally applicable laws, in particular in the Civil Code (in particular, Articles 556-576 of the Civil Code). For Sale Contracts concluded until 24 December 2014, the basis and scope of the Seller's liability towards the Customer being a natural person who purchases the Product in purposes unrelated to a professional or commercial activity, for non-compliance of the Product with the Contract for Sale is laid down by the generally applicable laws, particularly in the Act on the special conditions of consumer sale and amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176 as amended).

 

6.2. The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Seller's liability due to a Product defect and Customer's rights is provided at the Online Store's website in the complaint information tab.

 

6.3. A complaint may be submitted by the Customer, in the following ways:

 

6.3.1. in writing to the following address: ul. Królowej Jadwigi, 29/12, 30-209 Krakow;

 

6.3.2. in electronic form via e-mail to the following address: shop@tadeevo.com;

 

6.4. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – the above will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

 

6.5. The Seller shall address the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the complaint was justified.

 

6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Królowej Jadwigi 29/12, 30-209 Krakow. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

 

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THOSE PROCEDURES

 

7.1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the adress: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

 

7.2. The point of contact operates by the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), whose task among other things is to provide assistance to consumers in cases concerning extrajudicial settling of consumers disputes.

 

7.3. A consumer has the following exemplary options of using extrajudicial complaints and asserting claims: (1) an application to the permanent amicable consumers’ court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) an application in a matter of extrajudicial settling of a dispute to the regional inspector of the Commercial Inspection (more information available on the website of the inspector competent due to a Seller’s place of business operation); and (3) help from the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection the protection of consumers (including the Consumers’ Federation, Polish Consumers’ Association). Advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

 

7.4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop service for consumers and entrepreneurs seeking out-of-court settlement of disputes concerning contractual obligation arising from an online sale or an online service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

 

 

8. RIGHT TO WITHDRAW FROM AN AGREEMENT

(APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

 

8.1. A Consumer who entered into an agreement remotely may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, with the exception of costs specified in point. 8.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The declaration of withdrawal from the agreement may be submitted, for example:

 

8.1.1. in writing to the following address: ul. Królowej Jadwigi, 29/12, 30-209 Krakow;

 

8.1.2. in electronic form via e-mail to the following address: shop@tadeevo.com;

 

8.2. An example agreement withdrawal form template is included as appendix no 2 to the Consumer Rights Act and is additionally available in pt. 11 of these Terms and Conditions and at the on the Online Store’s website in the tab concerning withdrawal from the agreement. The consumer can use the template form, however it is not obligatory.

 

8.3. The course of the term to withdraw from the agreement begins:

 

8.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) - on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;

 

8.3.2. for other agreements – on the agreement conclusion date.

 

8.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed void.

 

8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the receipt date of the Consumer's declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other than the cheapest standard method of delivery available at the Online Store). The seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has clearly agreed to a different method of return, which does not entail any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer himself, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Customer, depending on which event occurs first.

 

8.6. The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. The Consumer may return the Product to the following address: ul. Królowej Jadwigi 29/12, 30-209 Krakow.

 

8.7. The Consumer bears responsibility for degradation of a Product’s value as a result of using it in a way that goes beyond what is necessary to determine the Product’s nature, features and functioning of the Product.

 

8.8. Possible costs associated with the Consumer's withdrawal from the agreement, which the Consumer is obliged to incur:

 

8.8.1. If the Consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Seller.

 

8.8.2. The consumer bears direct costs of returning the Product.

 

8.8.3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.

 

8.9. The right to withdraw from an agreement concluded remotely does not apply for the Consumer in case of agreements:

 

8.9.1. (1) for the provision of services, if the Seller has fully performed the service at the express consent of the consumer who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (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 expiry of the  agreement withdrawal term; (3) in which the subject of the service is the Product which is not prefabricated but is produced according to the consumer's specification or meant to satisfy the customer’s individual needs; (4) in which the subject of the service is a Product that is quickly deteriorating or has a short shelf-life; (5) in which the subject of the service is a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) in which the subject of the service are Products which upon delivery, due to their nature, are inseparably connected to other items; (7) in which the subject of the service are alcoholic beverages, whose was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) in which the object of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging was opened upon delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the transport of items, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for delivery of digital content that is not recorded on a tangible medium if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.

 

 

9. PROVISIONS REGARDING ENTREPRENEURS

 

9.1. This section of the Terms and Conditions and provisions contained herein apply only to Customers and Service Users who are not consumers.

 

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.

 

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.

 

9.4. Upon the Seller’s release of a Product to the carrier the benefits and burdens associated with the Product and the risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case, the Seller is not responsible for any full or partial loss or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.

 

9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.

 

9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.

 

9.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.

 

9.8. Liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and the costs of delivery in respect of the Contract for Sale, however, not more than the amount of one thousand Polish Zlotys (PLN). The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time of conclusion of the contract and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.

 

9.9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court of competent jurisdiction over the registered office of the Seller / Service Provider.

 

10. FINAL PROVISIONS

 

10.1. Agreements concluded via the Online Shop are drawn up in Polish.

 

10.2. Amendments of the Terms and Conditions:

 

10.2.1. The Service Provider reserves the right to amend to the Terms and Conditions due to important reasons, that is: changes in the law; changes in methods of payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these the Terms and Conditions.

 

10.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.

 

10.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.

 

10.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.

 

 

11. MODEL WITHDRAWAL FORM FROM THE AGREEMENT

(ANNEX NUMBER 2 TO THE STATUTORY LAW ON CONSUMER RIGHTS)

 

A model withdrawal form

(this form should be filled in and returned only if you wish to withdraw from the contract)

 

- Addressee:

TADEUSZ KOC PRIMAL EVO

ul. Królowej Jadwigi 29/12, 30-209 Krakow

tadeevo.com

shop@tadeevo.com

 

- I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*)

- Date of conclusion of the contract (*) / receipt (*)

- Name and surname of consumer (s)

- Consumer (s) address

- Signature of the consumer (s) (only if the form is sent in paper version)

- Date

(*) Delete as applicable.

  

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