Terms and conditions of the online shop www.takapara.com
General provisions
The subject of these Regulations is the regulation of the terms and conditions of sale and operation of the On-line shop. In accordance with Article 384 of the Civil Code, these Terms and Conditions are part of the contract concluded with the Seller.
2. Placing an effective Order is possible after accepting the provisions of these Regulations.
Third The online shop sells goods via the Internet, through a shop system located at www.takapara.com.
4th The owner of the online shop registered at www.takapara.com is Łukasz Milanowski conducting business as a company: "DeSkład Łukasz Milanowski", ul. Fabryczna 25, 90-341 Łódź registered under NIP: 5391408327, REGON: 364478260, hereinafter referred to as the Seller.
5. the Buyer may be any natural person, legal person or organizational unit without legal personality, using its own e-mail account and having legal subjectivity authorizing it to perform legal actions in accordance with the provisions of law.
(6) Consumer - shall be understood as a natural person purchasing products in the Online Store, within the meaning of Article 221 of the Civil Code.
(7) The provisions of the Consumer Rights Act of 30 May 2014 shall not apply to entities other than Consumers.
(8) The parties to the contract exclude the Seller's liability under the warranty for physical and legal defects of the product, in relation to persons and entities that are not Consumers.
9th The information contained on the Seller's website does not constitute an offer within the meaning of Article 66 of the Civil Code; it constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
10th The Seller presents digital photos of the offered products. Moreover, he makes every effort to ensure that the presented photos are of the highest quality and reflect the actual condition and colours of the presented products to the highest degree. The arrangement of designs on the products in reality may slightly differ from the designs presented in the online shop.
11. prices in the Seller's online shop are given in Polish zloty (PLN) or Euro currency (EUR) and are gross (including all components, including applicable VAT).
12th Seller reserves the right to change prices of products in the product catalogue, introduce new products to the Online Store and remove unavailable products, carry out and cancel promotional campaigns on the Seller's websites and make modifications to them.
Orders .
Orders are accepted through the shop system located on the website www.takapara.com. When placing an order, the required fields must be correctly filled in accordance with the instructions on the order form.
(2) The conclusion of a distance sales contract between the Seller and the Buyer occurs after the correct completion of the purchase procedure defined in the order form of the shop system placed on the website www.takapara.com.
(3) The Seller's obligation is to provide the Buyer with goods free from defects. The Consumer's obligations under the concluded sales contract end at the moment of receipt of the goods and payment of the total price, in accordance with these Terms and Conditions, subject to the obligations imposed on the Consumer in the event of a complaint or withdrawal from the contract.
(4) In the case of unavailability of the ordered product, the Buyer shall be informed of this fact by the Seller within 14 working days and shall decide on the manner of implementation of the remaining part of the order placed (partial implementation, extension of the waiting time for the missing product, replacement of the missing product with another one or cancellation of the entire order and refund for the ordered products).
(5) Goods covered by the order are delivered to the Buyer by the Seller together with a sales document, i.e. a fiscal receipt or a bill of sale, if the Buyer requested its issue when placing the order and provided the necessary data for its issue, and a written statement by the Seller on the possible return of the goods.
(6) Payment for the goods and the cost of delivery of the order is paid through the payment system http://www.Tpay.pl, https://www.paypal.com or by paying by VISA/MASTERCARD.
(7) The delivery of goods is carried out in the manner specified in the order. Parcels are delivered by the Polish Post or a courier company. The shipment is dispatched within 7 working days after the payment is credited to the Seller's bank account.
The delivery of the goods purchased in the Polish version of the Store, in PLN currency, is possible only on the territory of the Republic of Poland.
9th The welcome discount for subscribing to the newsletter does not apply to products already discounted.
Complaint of the purchased product
1. The Seller shall be liable to the Consumer if the thing sold has a physical or legal defect (warranty).
(2) The Seller shall be relieved of liability under the warranty if:
a. The Consumer was aware of the defect at the time the contract was concluded;
b. The Seller shall not be liable to the Consumer for the fact that the sold thing does not have the characteristics resulting from public assurances, if the Seller did not know these assurances and, judging reasonably, could not have known or could not have influenced the Consumer's decision to conclude the sales agreement, or if their content was corrected before the conclusion of the sales agreement.
(3) If the sold thing has a defect, the Consumer may make a declaration to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective thing with a defect-free one or removes the defect. This restriction shall not apply if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
(4) Instead of the removal of defects proposed by the Seller, the Consumer may request replacement of the item with an item free from defects, unless bringing the item to conformity with the agreement in a manner selected by the Consumer is impossible or would require excessive costs in comparison with 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 and the inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.
(5) The reduced price shall be in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
(6) The consumer may not withdraw from the contract if the defect is immaterial. If only some of the goods sold are defective, the Consumer's right of withdrawal shall be limited to the defective goods.
(7) The Consumer making a complaint should send to the e-mail address: info@takapara.com a scan of a self-signed complaint statement and transfer details and then send the purchased goods to the following address: TAKAPARA ul. Fabryczna 25, 90-341 Łódź, tel. +48570048333 with the note "ADVERTISEMENT".
8th The Seller shall reimburse to the Consumer the costs of sending the goods not in conformity with the agreement, immediately after considering and taking into account the Consumer's claims under the warranty for defects of goods.
(9) If it is not possible to repair oŕ replace the goods with new ones, the Seller shall inform the Consumer about the possible replacement with other goods of identical parameters.
(10) Upon receipt of the consignment, the Consumer should check it in the presence of the deliverer (courier or Post Office representative) and in the event of any mechanical damage occurring during transport, draw up a protocol signed by the Consumer and the deliverer.
Return and replacement of the purchased product
(1) Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, the Consumer has the right to withdraw from the contract within 14 days from the date of delivery of the product without giving any reason.
(2) The Buyer returning the goods should send a clear statement of withdrawal to the Seller at info@takapara.com and send the goods in accordance with the following contact details:TAKAPARA ul. Fabryczna 25, 90-341 Łódź, tel. +48570048333 with the annotation "RETURN".
(3) In the event of withdrawal from the contract, on the basis indicated in para. 1, both the Seller and the Consumer shall be obliged to return everything they have received from the other party under the concluded contract.
(4) The Consumer shall bear the direct costs of returning the product.
(5) In the event of withdrawal from this contract, the Seller shall reimburse to the Consumer all payments received, including the costs of delivery of the item (except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any event no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal from this contract. Reimbursement shall be made by using the same means of payment as those used by the Consumer in the initial transaction, unless the Consumer expressly agrees otherwise.
(6) The Consumer may, with the consent of the Seller, within 14 days of receipt of the product exchange it for another. In this case the Consumer should contact the Seller via e-mail address: info@takapara.com. In such a situation, the provisions of these Terms and Conditions shall apply accordingly, in particular those contained in § 3 pt. 2.
7th The consumer shall be liable for any diminution in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
8. The consumer shall have no right of withdrawal in respect of contracts for:
(a) the provision of services where the trader has performed the service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal after the trader has performed the service;
(b) in which the price or remuneration is dependent on fluctuations in the financial market which are not under the trader's control and may occur before the end of the withdrawal period;
(c) in which the object of the performance is a non-refabricated item, produced to the consumer's specifications or intended to meet the consumer's individual needs;
(d) where the object of the performance is a perishable item or an item with a short shelf life;
e) in which the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
(f) in which the object of the performance is goods which, after delivery, by their nature, become inseparably attached to other goods;
(g) where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the 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 over which the trader has no control;
(h) in which the consumer has specifically requested the trader to visit him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in performing the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;
(i) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is unsealed after delivery;
j) the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
(k) concluded at a public auction;
(l) the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
(m)the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's prior 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
(1) The provision of personal data by the Buyer is voluntary, however, their absence prevents the execution of the order placed. 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 Seller to carry out the order (i.e. to deliver the shipment to the Buyer and make settlements).
The administrator of the personal data is Łukasz Milanowski conducting business under the name: "DeSkład Łukasz Milanowski", 25 Fabryczna Street, 90-341 Łódź registered under NIP: 5391408327, REGON: 364478260.
(3) The data will be processed in compliance with all security requirements as defined in Article 4(7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("RODO") and in implementing regulations issued on its basis.
(4) The Buyer shall have the right of free access (inspection) to his/her personal data, the right to correct them, as well as the right to request the cessation of their processing and their removal from the database, which shall be notified in writing to the Seller at the e-mail address: info@takapara.com.
(5) The buyer may agree to receive promotional and informational materials via e-mail correspondence. These are information thematically related to the activities of the Internet Shop and announcements of special offers.
Final provisions
(1) In case of any doubts related to purchases in the Online Store - any information is provided by the Seller at the e-mail address: info@takapara.com.
(2) The legal relationship formed on the basis of these Terms and Conditions shall be governed by Polish law.
(3) In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other laws shall apply.
4. If one of the provisions of these Terms and Conditions is declared invalid or unenforceable by a final court decision, the remaining provisions shall be valid and remain in force.
(5) The Seller shall make every effort to ensure that any disputes which may arise from the performance of agreements concluded using these Terms and Conditions shall be settled amicably. In particular, the Buyer may request mediation proceedings on the principles described in Article 1831 et seq. Code of Civil Procedure.
20.02.2021