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  • Polski

Shop rules

ONLINE STORE TERMS AND CONDITIONS – TEKAEM GRZEGORZ ENGELBRECHT

1. PRELIMINARY PROVISIONS

The TEKAEM online store, available at https://www.TEKAEM.eu/shop, is operated by Grzegorz Engelbrecht conducting business under the name TEKAEM Grzegorz Engelbrecht with its registered office in Komorniki, holding Tax ID 588 103 05 05, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy.

These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer remotely through the Store.

2. DEFINITIONS

Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

Seller – a natural person conducting business under the name TEKAEM Grzegorz Engelbrecht, with its registered office in Komorniki, holding Tax ID 588-103-05-05, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy.

Customer – any entity making purchases through the Store.

Entrepreneur – a natural person, legal person and organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity in their own name, who uses the Store.

Store – online store operated by the Seller at www.TEKAEM.eu/sklep

Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of contract conclusion.

Terms and Conditions – these Store terms and conditions.

Order – a declaration of will by the Customer made using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.

Account – a customer account in the Store, in which data provided by the Customer and information about Orders placed by them in the Store are collected.

Registration form – a form available in the Store, enabling the creation of an Account.

Order form – an interactive form available in the Store enabling the placing of an Order, in particular by adding Products to the Cart and specifying the conditions of the Sales Agreement, including delivery and payment method.

Cart – a Store software element in which Products selected by the Customer for purchase are visible, and it is also possible to establish and modify Order data, in particular the quantity of products.

Product – movable property/service available in the Store being the subject of a Sales Agreement between the Customer and the Seller.

Sales Agreement – an agreement for the sale of a Product concluded or being concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means – according to the characteristics of the Product – a service agreement and a contract for specific work.

3. CONTACT WITH THE STORE

Seller’s address: 62-052 Komorniki, Poznańska 47a

Seller’s e-mail address: biuro@TEKAEM.eu

Seller’s phone number: +48 500 807 507

Seller’s bank account number mBank: 78 1140 2004 0000 3302 7891 6395

The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

The Customer may communicate by phone with the Seller during Mon-Fri. 8:00-16:00

4. TECHNICAL REQUIREMENTS

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

  • end device with Internet access and a web browser such as Internet Explorer, Firefox or Google Chrome
  • active email account (e-mail)
  • cookies enabled
  • installed FlashPlayer program

5. GENERAL INFORMATION

To the widest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.

Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.

Prices given in the Store are given in Polish zlotys and are gross prices (including VAT tax) whose rate may be different for natural persons and companies being VAT payers.

The final (ultimate) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

In the case of an Agreement covering subscription or provision of services for an indefinite period, the final (ultimate) price is the total price including all payments for the billing period.

When the nature of the subject of the Agreement does not allow, reasonably judging, prior calculation of the amount of the final (ultimate) price, information on how the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

6. CREATING AN ACCOUNT IN THE STORE

To create an Account in the Store, you must fill out the Registration form. It is necessary to provide the following data: name, surname, phone number, e-mail address and customer and goods delivery address.

Creating an Account in the Store is free.

Logging into the Account is done by entering the login and password established in the Registration form.

The Customer has the option at any time, without giving a reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

7. RULES FOR PLACING AN ORDER

To place an Order, you must:

  1. log in to the Store
  2. select the Product being the subject of the Order, then click the “Add to cart” button
  3. log in or use the option to place an Order without registration;
  4. if the option to place an Order without registration was chosen – fill out the Order form by entering the Order recipient’s data and the address to which the Product is to be delivered, select the type of shipment (Product delivery method), enter invoice data if different from the Order recipient’s data,
  5. click the “I order and pay” button/click the “I order and pay” button and confirm the order by clicking the link sent in the e-mail message,
  6. select one of the available payment methods and depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

8. OFFERED DELIVERY AND PAYMENT METHODS

The Customer may use the following delivery or collection methods for the ordered Product:

  • Prepaid freight shipment – 1000 PLN gross
  • Courier shipment – 25 PLN gross

The Customer may use the following payment methods: Payment by transfer to the Seller’s account.

Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.

9. EXECUTION OF THE SALES AGREEMENT

The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order form in the Online Store in accordance with § 7 of the Terms and Conditions.

After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the Customer’s e-mail address provided during Order placement, which contains at least the Seller’s statements of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.

In case the Customer selects:

  • payment by transfer, electronic payments or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.

In the case of ordering Products with different delivery times, the delivery time is the longest indicated time.

In the case of ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts or delivery of all Products after the entire order is completed.

The beginning of the Product delivery time to the Customer is calculated as follows:

  1. in case the Customer chooses the payment method by transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account.
  2. In case the Customer chooses the cash on delivery payment method – from the date of conclusion of the Sales Agreement
  3. In case the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the time indicated in the Product description. The Customer will be additionally informed about the Product’s readiness for collection by the Seller by sending an appropriate e-mail message to the Customer’s e-mail address provided during Order placement.

In the case of ordering Products with different readiness times for collection, the readiness time for collection is the longest indicated time.

Product delivery takes place only within Poland.

10. RIGHT OF WITHDRAWAL FROM CONTRACT

The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

The time period specified in section 1 begins from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.

In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the time indicated in section 1 runs from the delivery of the last item, batch or part.

The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To preserve the withdrawal deadline from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of this deadline.

The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be made on a form, a template of which constitutes Annex No. 1 to these Terms and Conditions and an annex to the Act of May 30, 2014 on consumer rights, however this is not mandatory.

In case the Consumer sends the statement electronically, the Seller will immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.

Effects of withdrawal from the Agreement:

  • In case of withdrawal from a distance contract, the Agreement is considered not concluded.
  • In case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by them, including the costs of delivering the goods, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller.
  • The Seller will make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.
  • The Seller may withhold the refund until receipt of the Product back or until delivery of proof of its return, depending on which event occurs first.
  • The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days from the day they informed the Seller of withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  • The Consumer bears the direct costs of returning the Product, also the costs of returning the Product if, due to its nature, this Product could not be returned in the ordinary course of mail.
  • The Consumer is only liable for the decrease in the value of the Product resulting from using it in a way other than was necessary to establish the nature, characteristics and functioning of the Product.
  • In case the Product, due to its nature, cannot be returned in the ordinary course of mail, information about this, as well as about the costs of returning the Product, will be in the Product description in the Store.

The right to withdraw from a distance contract does not belong to the Consumer with respect to an Agreement:

  • in which the subject of performance is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy their individualized needs,
  • in which the subject of performance is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
  • in which the subject of performance is an item subject to rapid deterioration or having a short shelf life,
  • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of performance that after the Seller’s performance they will lose the right to withdraw from the Agreement,
  • 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 deadline to withdraw from the Agreement,
  • in which the subject of performance are items which, after delivery, due to their nature, become inseparably connected with other items,
  • in which the subject of performance are alcoholic beverages, whose price was agreed upon conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control,
  • in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
  • for the delivery of newspapers, periodicals or magazines, except for a subscription agreement,
  • for the delivery of digital content that is not recorded on a material medium, if performance began with the express consent of the Consumer before the expiry of the deadline to withdraw from the agreement and after informing them by the Seller of the loss of the right to withdraw from the Agreement.

11. COMPLAINT AND WARRANTY

The Sales Agreement covers new and used Products in first and second grade. The Store pages describe in detail the condition of each used Product.

The Seller is obliged to deliver to the Customer an item in accordance with the product description on the online store page – in first grade free from defects or in second grade where the customer by placing an order accepts and acknowledges the defects of the goods.

A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the Customer’s request is considered justified.

Goods returned as part of the complaint procedure should be sent to the address: TEKAEM Poznańska 47a Komorniki

In the event that a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store. The Seller will also attach a warranty card to the sold Product.

12. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

Detailed information regarding the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the premises and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following example opportunities to use out-of-court methods of handling complaints and pursuing claims:

  • The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  • The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to initiate mediation proceedings for the amicable conclusion of a dispute between the Consumer and the Seller.
  • The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using free assistance from the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).

13. PERSONAL DATA IN THE ONLINE STORE. PERSONAL DATA PROCESSING

The administrator of personal data of Customers collected through the Online Store is the Seller: TEKAEM Grzegorz Engelbrecht ul. Poznańska 47a Komorniki. The Administrator can be contacted in writing, by mail to the company address and by email at: biuro@TEKAEM.eu

Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents to it – also for marketing purposes.

Personal data of Customers are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

The purpose of personal data processing is:

Persons contacting the Seller – communication with persons contacting the Seller. The legal basis for personal data processing is the legitimate interest of the Administrator consisting in enabling communication, possible establishment of relations with the contacting person, providing necessary information. Processed personal data are: name, surname, e-mail address, phone number, correspondence address and other information provided by the person contacting the Administrator. Providing personal data is voluntary, however, in case of failure to provide personal data, the communication process may be difficult or impossible to implement. Data retention period in case of inquiries of advisory, informational nature or subscription to the company newsletter: until the contacting person requests deletion of their data and inquiry content from the database or as long as it is necessary to pursue the legally justified interest of the Administrator or a third party. Data retention period in case of complaint submissions: until resolution of the complaint process or until the end of the warranty period of the purchased/complained product.

Contractors and representatives of contractors: conclusion and/or performance of a contract. Personal data processing of contractors and persons indicated by them (including their employees and collaborators) takes place for the purpose of concluding or performing a contract or based on the legitimate interest of the Administrator, i.e., enabling communication with the contractor and performing the contract with the contractor. Processed personal data are: name, surname, e-mail address, phone number, workplace, position, business address, Tax ID, REGON, PESEL number, in some cases also data regarding documents: identity card, passport. Providing personal data, when the contract is to be concluded with a natural person, is necessary for the purpose of concluding or performing the contract, while in the case of persons who represent a legal entity it is not necessary, but enables contact. Data retention period: the period of validity of the contract concluded with the contractor and the period necessary to enable the parties to pursue claims arising from such contract, but not less than the period resulting from legal provisions or as long as it is necessary to pursue the legally justified interest of the Administrator or a third party.

Persons participating in marketing projects such as promotions or purchase contests – communication with persons participating in the Seller’s marketing projects. The legal basis for personal data processing is the legitimate interest of the Administrator consisting in enabling communication, possible establishment of relations with the applying person, providing necessary information or consent of the person participating in the contest. Processed personal data are: name, surname, e-mail address, phone number, correspondence address and other information provided by the participating person. Providing personal data is voluntary, however, in case of failure to provide personal data, the process may be difficult or impossible to implement. Data retention period: until completion of the promotion or contest implementation process or as long as it is necessary to pursue the legally justified interest of the Administrator or a third party.

Recipients of personal data of Online Store Customers may be:

  1. In the case of a Customer who uses postal or courier shipment delivery in the Online Store, the Administrator makes available the collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Administrator.
  2. In the case of a Customer who uses electronic or payment card payment methods in the Online Store, the Administrator makes available the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.

The Customer has the right to:

  • request access from the Administrator to processed personal data,
  • request rectification from the Administrator of processed personal data,
  • request erasure from the Administrator of processed personal data,
  • request restriction from the Administrator of personal data processing,
  • object to personal data processing,
  • data portability,
  • withdraw consent to personal data processing, whereby its withdrawal does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal,
  • lodge a complaint with the supervisory authority (President of the Personal Data Protection Office).

Providing personal data is voluntary, although failure to provide personal data specified in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude such agreement.

Disclosure of personal data: Data may be disclosed to entities and authorities authorized to process such data on the basis of legal provisions. Data may also be disclosed to third parties in the form of other companies from the TEKAEM capital group, technical and organizational service providers (e.g., IT service providers) and legal and advisory service providers, whereby these entities process data on the basis of a contract with the Administrator and in accordance with its instructions.

Automated decision-making: Personal data will not be processed in an automated manner for the purpose of making decisions, including for the purpose of profiling.

14. FINAL PROVISIONS

Agreements concluded through the Online Store are concluded in Polish.

The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.

In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.

The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.