Regulations of the Internet Shop www.takapara.com
The subject of these Regulations is to regulate the conditions of sale and functioning of the Online Store. Pursuant to art. 384 of the Civil Code, these Regulations are part of the contract concluded with the Seller.
2nd Placing an effective Order is possible after accepting the provisions of these Regulations.
Third The Online Store conducts the sale of goods via the Internet, through the shop system located on the website www.takapara.com.
4th The owner of the online store registered at www.takapara.com is Łukasz Milanowski conducting business as a company: "DeSkład Łukasz Milanowski", 10m53 Wilcza Street, 90-339 Łódź registered under NIP number: 5391408327, REGON number: 364478260, hereinafter referred to as the Seller.
5th The Buyer may be any natural person, legal entity or organizational unit without legal personality, using its own e-mail account and having legal entity entitling it to perform legal actions in accordance with the law.
6th By the Consumer - shall be understood as a natural person purchasing products in the Online Store, within the meaning of Article 221 of the Civil Code.
7th To entities other than consumers do not apply the provisions of the Act of 30 May 2014 on Consumer Rights.
8th The parties to the contract exclude the Seller's liability under warranty for physical and legal defects of the product, in relation to persons and entities other than consumers.
9) Information contained on the websites of the Seller does not constitute an offer within the meaning of Article 66 of the Civil Code; constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
10.The Seller presents digital photographs of the offered products. Moreover, he makes every effort to ensure that the presented photos are of the highest quality and reflect to the highest degree the actual condition and color of the presented products. The arrangement of the designs on the products may in fact be slightly different from the designs presented in the online store.
11.The prices in the Seller's On-line store are given in Polish zloty (PLN) or euro (EUR) and are gross value (they include all their components including due VAT).
12.The Seller reserves the right to change prices of products in the product catalogue, introduce new products to the Online Shop and remove unavailable products, carry out and cancel promotional campaigns on the Seller's websites and modify them.
Orders are accepted through the shop system on the website www.takapara.com. When placing an order, it is necessary to correctly fill in the required fields according to the instructions of the order form.
2nd The conclusion of the contract of sale at a distance between the Seller and the Buyer occurs after the proper completion of the purchase procedure defined in the order form of the shopping system on the website www.takapara.com.
Third It is the Seller's duty to provide the Buyer with goods free from defects. Obligations of the Consumer under the concluded sales contract end at the time of receipt of goods and payment of the entire price, in accordance with these Regulations, subject to the obligations incumbent on the Consumer in case of a complaint or withdrawal from the contract.
4th In the case of unavailability of the ordered product, the Buyer shall be informed by the Seller within 14 working days and decides on the method of execution of the remaining part of the order (partial execution, extension of the waiting time for the missing product, replacement of the missing product with another or cancellation of the entire order and refund for the ordered products).
The goods covered by the order shall be delivered to the Buyer by the Seller together with a sales document, i.e. a fiscal receipt or a personal account, if the Buyer requested it to be issued when making the order and provided the necessary data for its issue and the Seller's written statement on possible return of the goods.
6th The payment for the goods and the cost of delivery of the order shall be made through the payment system http://www.payU.pl/, https://www.paypal.com or through payment by VISA/MASTERCARD.
7th The delivery of the goods shall be made in the manner specified in the order. Shipments are delivered by the Polish Post or courier company. The parcel is sent within 7 working days, from the date of crediting the payment to the Seller's bank account.
8th Delivery of goods purchased in the Polish language version of the Store, in PLN currency is possible only in the territory of the Republic of Poland.
Complaint about a purchased product
The seller is liable to the Consumer if the item sold has a physical or legal defect (warranty).
2) The Seller is exempt from liability under the warranty, if:
a. The Consumer knew about the defect at the time of conclusion of the contract;
b. The seller is not liable to the Consumer for the fact that the item sold does not have the properties resulting from public assurances, if such assurances were not known or, judging reasonably, could not have been known or could not have influenced the Consumer's decision to conclude the sales contract, or if their content was corrected before conclusion of the sales contract.
Third If the item sold has a defect, the Consumer may make a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer shall replace the defective item with an item free of defects or remove the defect. This limitation shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the item with a defect-free item or to remove the defect.
4th The Consumer may, instead of the Seller's proposed removal of the defect, arrange for the replacement of the item with a defect-free one, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing the excessive costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction.
The reduced price should remain in such proportion to the price resulting from the contract, in which the value of the item with a defect remains to the value of the item without a defect.
6) The Consumer may not withdraw from the contract if the defect is immaterial. If among the items sold only some are defective, the Consumer's right to withdraw from the contract is limited to the defective items.
7th The Consumer reporting a complaint should be sent to an e-mail address: email@example.com a scan of the hand-signed complaint statement and data for transfer and then send the purchased goods to the following address: TAKAPARA 10m53 Wilcza Street, 90-339 Łódź, tel. +48570048333 with a note "CLAIMING".
The Seller shall reimburse the Consumer for the costs associated with sending the goods not in conformity with the contract, immediately after considering and taking into account the Consumer's claims under the warranty for defects in goods.
9) If it is not possible to repair, or if the replacement of the goods with a new one, the Seller shall inform the Consumer about the possible replacement with another goods with the same parameters.
10.Upon receipt of the consignment, the Consumer should check it in the presence of the deliverer (courier or representative of the Post Office) and in case of mechanical damage during transport, draw up a protocol signed by the Consumer and the deliverer.
Return and replacement of the purchased product
According to Article 27 of the Act of 30 May 2014 on Consumer Rights, the Consumer has the right to withdraw from the contract within 14 days from the date of release without giving any reason.
2nd Buyer returning the goods should send the Seller an unequivocal statement of withdrawal from the contract to firstname.lastname@example.org and send the goods in accordance with the following contact details: TAKAPARA Wilcza Street 10m53, 90-339 Łódź, phone +48570048333 with the note "ZWROT".
In the case of withdrawal from the contract, on the basis of the rules set out in point. 1, both the Seller and the Consumer are obliged to return everything they have received from the other party under the concluded agreement.
4th The consumer bears the direct costs of returning the product.
In the case of withdrawal from this Agreement, the Seller shall reimburse the Consumer for all payments received, including the costs of delivery of goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right of withdrawal from this Agreement. The refund shall be made using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer expressly agrees to another solution.
6th The Consumer with the consent of the Seller may, within 14 days of receipt of the product, replace it with another. In this case, the Buyer should contact the Seller by e-mail: email@example.com. In such a situation, the provisions of these Terms and Conditions shall apply accordingly, and in particular those contained in § 3 point. 2.
7th The consumer is responsible for reducing the value of the item resulting from its use in a manner other than that necessary to determine the nature, characteristics and functioning of the item.
8) The right to withdraw from the contract shall not apply to the Consumer in relation to contracts:
(a) the provision of services where the trader has performed the service in full with the express consent of the consumer, who was informed before the performance began, that he will lose the right of withdrawal once the trader has performed;
(b) where the price or remuneration depends on fluctuations in the financial market which are outside the trader's control and which may occur before the end of the withdrawal period;
(c) where the performance is for an unprocessed item, made to the consumer's specifications or to meet his personalised needs;
(d) in which the subject-matter of the service is an item which is liable to deteriorate rapidly or has an expiry date of pustules;
(e) in which the service is provided for the supply of goods in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging is opened after delivery;
(f) in which the subject matter of the service is an item which, by its nature, is inseparable from other items after delivery;
(g) where the services are provided for alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market which are beyond the trader's control;
(h) where the consumer has specifically requested the trader to come to him for urgent repair or maintenance; if the trader provides services in addition to those provided by the consumer or goods other than replacement parts necessary for the performance of the repair or maintenance, the consumer shall have a right of withdrawal in respect of those additional services or goods;
(i) where the subject matter of the performance is sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery;
(j) the supply of newspapers, periodicals or magazines with the exception of a subscription contract;
(k) concluded by public auction;
(l) the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, where the contract specifies the date or period of performance;
(m)the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
Protection of personal data
The Buyer's personal data is voluntary, but the lack of such data makes it impossible to complete the order. By making a purchase, the Buyer agrees to the collection, processing and use of personal data by the Seller for the purpose and to the extent necessary for the performance of the order by the Seller (i.e. to deliver the consignment to the Buyer and make settlements).
The administrator of the personal data is Łukasz Milanowski conducting business activity under the name: "DeSkład Łukasz Milanowski", 10 Kościelna Street, 21-210 Milanow registered under NIP number: 5391408327, REGON: 364478260
The administrator of personal data is Łukasz Milanowski who runs his business under the name: "DeSkład Łukasz Milanowski", 10 Kościelna Street, 21-210 Milanow registered under NIP number: 5391408327, REGON number: 364478260
The data will be processed in compliance with all security requirements within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("RoD") and its implementing rules.
(4) The buyer has the right of free access (insight) to his personal data, the right to correct them, as well as the right to task the cessation of their processing and their removal from the database, which should be notified in writing to the seller at the e-mail address: firstname.lastname@example.org.
5th The buyer may agree to receive promotional and informational materials via e-mail correspondence. This is information thematically related to the activities of the Online Store and communications about special offers.
In case of any doubts related to purchases in the Online Store - all information is provided by the Seller at the e-mail address: email@example.com.
2nd The law applicable to the assessment of the legal relationship formed on the basis of these Regulations is Polish law.
In matters not regulated by these Regulations shall apply the provisions of the Civil Code and other laws.
4th If one of the provisions of these Regulations is considered invalid or impossible to implement under a valid judgment of the Court, the other provisions will be valid and remain in force.
5) The Seller shall make every effort to ensure that any disputes that may arise in connection with the performance of contracts concluded under these Regulations are resolved by conciliation. In particular, the Buyer may request mediation proceedings on the principles described in Article 1831 et seq. Code of Civil Proceedings.