TERMS AND CONDITIONS OF THE TULPLAST ON-LINE STORE
1. DEFINITIONS
1.1. The definitions used in these Terms and Conditions will have the following meaning:
a) Delivery – physical delivery of the Products specified in the Order to you by the Seller, to the indicated address, by means of the Carrier;
b) Business Day – any day from Monday to Friday, excluding statutory holidays in Poland;
c) Business Hour – clock hour on a Business Day between 8:00 AM and 4:00 PM;
d) You, the Customer – natural person aged 18 or older, legal person or unincorporated entity having general legal capacity and capacity to make legal acts who places or intends to place the Order;
e) Civil Code – Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459, as amended);
f) Consumer – natural person as defined by Article 221 of the Civil Code who conducts a legal action with the trader that is not directly related to his or her business or professional activity;
g) Customer Account – part of the On-Line Store where you may use the selected functions indicated in these Terms and Conditions;
h) Products – movable property you can order via the On-line Store that is currently sold by the Seller;
i) Carrier – entity delivering the Products for the Seller, i.e.: i. DPD Polska sp. z o.o. with its registered office in Warsaw;
j) Regulation – 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);
k) Terms and Conditions – these Terms and Conditions of sale using means of distance communication and provision of services by electronic means, prepared pursuant to Article 8 of the Electronic Services Act of 18 July 2002 (Journal of Laws of 2017, item 1219);
l) Registration – a one-time action where you create your Customer Account using the tools provided at the On-line Store; by Registering, you enter into a contract with the Seller for the operation of your Customer Account;
m) On-line Store – store operated by the Seller at www.tulplast.pl and www.tulplast.pl that you can use to obtain information about the Products and their availability and order them (using distance communication means) if they are currently sold by the Seller;
n) Seller – Tulplast sp. z o.o. sp. k. with its registered office in Paczkowo (62-021) at ul. Wiosenna 27, entered in the register of business entities of the National Court Register (KRS) maintained by the Poznań-Nowe Miasto i Wilda Regional Court in Poznań, 8th Commercial Division of the National Court Register, KRS (National Court Register Number): 0000779433, NIP (Tax Identification Number): 7773015295, REGON (National Official Business Register Number): 300664890, phone No.: 61 815 70 16 or 61 815 70 17, e-mail: sklep@tulplast.pl, website: www.tulplast.pl;
o) Party – you and the Seller, hereinafter referred to as “Parties”;
p) Sales Contract – contract for the sale of Products as defined by the Civil Code, entered into by you and the Seller using means of distance communication via the On-line Store;
q) Order – your declaration of will, containing the offer to buy, causing you to directly enter into the Sales Contract via the On-line Store, specifying the contents stipulated in sections 5.2 and 5.3 of these Terms and Conditions.
2. GENERAL PROVISIONS
2.1. These Terms and Conditions specify the principles of the services provided as part of the On-line Store at: www.tulplast.pl.
2.2. The On-line Store functioning on the Website is an ICT platform (a system that provides information about the Products and enables their remote selection and purchase).
2.3. At the On-line Store, you can place an Order (offer to buy) for the selected Products, thus entering into a remote Contract for the sale of Products, using the following means:
a) Order form available at the On-line Store;
b) e-mail address: sklep@tulplast.pl;
c) phone: 61 815 70 16, 61 815 70 17, 696 172 856 or 696 172 867; or
d) fax: 61 815 70 87.
2.4. The contract for the sale of Products will be deemed to be executed when you receive the e-mail referred to in section 5.8 of these Terms and Conditions.
2.5. These Terms and Conditions will apply accordingly to Orders placed via the Website or by phone, e-mail and fax, even if you do not register your Customer Account.
2.6. In particular, you will be obliged to:
a) read these Terms and Conditions after receiving the e-mail referred to in section 5.6 of these Terms and Conditions;
b) comply herewith;
c) use the services offered by the Seller in a manner that does not disrupt the functioning of the Website, in particular by using specific software or hardware;
d) abstain from the following actions: sending or posting unwanted commercial information at the On-line Store, conducting computer-related activities or any other activities designed to obtain information not meant for you;
e) use the services offered by the Seller in a manner consistent with the applicable Polish law, provisions of these Terms and Conditions and relevant good practice,
f) abstain from delivering or providing contents prohibited by the applicable law;
g) use the services offered by the Seller in a manner that does not create a nuisance to other Customers and the Seller, with respect for their personal rights (including the right to privacy) and any other rights to which they may be entitled;
h) use all contents published at the On-line Store and protected by copyright owned by the Seller or third parties only for your own personal use; using these contents for any other purpose is permitted only upon an express consent given by an authorised person.
2.7. The exclusive rights to the contents made available as part of the services provided through the On-line Store, in particular copyrights, name of the On-line Store (trademark), its graphic components, software and rights related to databases, will be subject to legal protection and will be owned by the Seller or by entities that have entered into suitable contracts with the Seller.
2.8. You will receive the Terms and Conditions:
a) with the electronic Order confirmation referred to in section 5.6 of these Terms and Conditions;
b) you may also access the Terms and Conditions at any time free of charge by using the link posted on the Website as well as download it, print it or have it sent to you by e-mail upon every request without any extra charge.
2.9. Information about the Products specified at the On-line Store, in particular descriptions of the Products, technical specifications or their functional properties and prices, will not constitute an offer but will be deemed an invitation to enter into a contract as defined by Article 71 of the Civil Code, i.e. to submit the offer to buy.
3. DESIGN GUIDELINES
3.1. You may use the On-line Store only if your ICT system meets the following minimum technical requirements:
a) current browser versions: Mozilla Firefox, Chrome, Opera or Internet Explorer 11;
b) enabled Javascript, accepting Cookies;
c) Internet connection with a bit rate of at least 256 kbit/s;
d) the web page of the On-line Store is optimised for a minimum screen resolution of 1024×768 pixels.
3.2. If the technical requirements of your browser are not met, you will be informed about this by the Seller in a separate message after accessing the Website, which will also indicate that you need to install a suitable browser or update your existing browser.
3.3. In order to place the Order or use the services available on the Website, you need to have an active e-mail account.
3.4. Particular risks related to using the services of the On-line Store include situations where you use such services without the security measures described in your browser documentation. In particular, this refers to the mechanisms that extend the capabilities of web browsers with functions exceeding the HTML standard. If the browser security settings are incorrect, the data sent to and from the web server may also be intercepted.
3.5. In order to use on-line services, you will also have to provide the basic information about your computer, i.e.: IP address, domain, address of the last visited website (website from which you accessed this Website by selecting the relevant link), your browser and operating system, etc.
4. CUSTOMER ACCOUNT
4.1. After Registration, you will receive access to your Customer Account.
4.2. Registration is not required to place the Order via the On-line Store using the method referred to in sections 5.1 of these Terms and Conditions.
4.3. As part of Registration, you have to specify your first name, last name, e-mail address, phone number, shipping address for the Products and details required to issue the VAT invoice if you request an invoice, and you also have to enter the password. The Seller will not be liable if the data you enter in the Registration form are false or incomplete.
4.4. Your login to the On-line Store will be your e-mail.
4.5. When filling out the Registration form, you will have to confirm that you have read these Terms and Conditions and Privacy Policy and that you accept their contents by checking the relevant boxes in the form.
4.6. During Registration, you may voluntarily consent to the processing of your personal data for marketing purposes by ticking the relevant box in the Registration form. In such case, the Seller will expressly inform you about the purpose of the processing of your personal data and about the recipients known to the Seller or expected by the Seller.
4.7. You do not have to consent to the processing of your personal data for marketing purposes to enter into a contract with the Seller for the operation of your Customer Account by electronic means. You may revoke your consent at any time by submitting a suitable declaration to the Seller. The declaration may, for instance, be sent to the e-mail address of the Seller.
4.8. After sending the filled-out Registration form, you will promptly receive a confirmation of the Registration by the Seller at the e-mail address indicted in the Registration form. This will mean that you have entered into the contract for the operation of your Customer Account by electronic means, and you will be able to access your Customer Account and change the data entered upon Registration.
4.9. If you are Consumer, you will have the right to withdraw from the Customer Account contract for convenience within 14 days from the date on which you enter into such contract. If you are a Consumer, you may submit the relevant declaration in any form (for instance: using the form available in the footer of the www.tulplast.pl website). To comply with the 14-day period, it will be sufficient for the declaration to be sent before its expiry. Declarations may be sent to the following address: Tulplast sp. z o.o. sp. k., 62-021 Paczkowo, ul. Wiosenna 27 or by e-mail to: reklamacje@tulplast.pl.
4.10. You may terminate the contract for the provision of services by electronic means at any time for convenience, without prejudice to the rights acquired by the other Party before the termination of the contract and subject to the provisions below.
4.11. To terminate the contract for the provision of services by electronic means you have to send the relevant declaration of will by e-mail to: sklep@tulplast.pl to enable the Seller to read it.
5. ORDER
5.1. You may place an Order 7 days a week, 24 hours a day:
a) using the Order form on the Website;
b) by e-mail to: sklep@tulplast.pl;
c) by fax to: +48 61 815 70 87;
and if you placed your first Order with the On-line Store using any of the above-mentioned methods – also by phone to: 61 815 70 16 or 61 815 70 17, +48 696 172 856 or +48 696 172 867.
5.2. Your Order will be processed if you select Products that are currently available from the Seller, specify their quantity and choose the payment form and method of Delivery. The Order should also include your first name and last name or the first name and last name of the person who represents you as well as the delivery address.
5.3. If you operate a business and/or are a VAT payer and wish to receive a VAT invoice, specify your details and NIP (Tax Identification Number) in the Order. By making the purchase and confirming your Order, you consent for the Seller to issue an unsigned VAT invoice and send it to you by electronic means.
5.4. By placing the Order, you consent to receive notifications about the processing of the Order to your indicated e-mail address.
5.5. When filling out the Order form available on the Website, you should do so with due care. The details you provide must be true, and they should enable the Seller to carry out its duties under the remote Sales Contract.
5.6. If you place the Order (make the offer to buy), the computer system will automatically generate an electronic Order confirmation, which will then be sent to your indicated e-mail address with Terms and Conditions attached.
5.7. The confirmation of the Order (offer to buy) you receive as discussed in section 5.6 of these Terms and Conditions will be sent for information only, as additional proof of your offer to buy, and it will not be equivalent to execution of the contract.
5.8. Next, the Seller will verify if the Order includes all details necessary for processing, check if and when the ordered Products are available and send the Order confirmation to you, specifically indicating the Products you have ordered and the method of delivery and payment. When you receive this message, it will be deemed that you have entered into a Sales Contract for the ordered Products with the Seller.
5.9. If all or some of the ordered Products are unavailable, you will be informed by the Seller about the status of the Order, and you will have to decide if you wish for the Seller to deliver a part of the Order or cancel the entire Order and inform the Seller about your decision by e-mail to: sklep@tulplast.pl. If you do not confirm by mail or e-mail that you wish for the Seller to deliver a part of the Order or cancel the Order within 24 h from receiving the information about the status of the Order from the Seller, the Seller will have the right to cancel the Order by sending a relevant declaration to your indicated e-mail address.
5.10. If you confirm that you wish for the Seller to deliver a part of the Order, you will enter into the Sales Contract, of which you will be informed by e-mail as discussed in section 5.8 of these Terms and Conditions.
5.11. Information about availability of the Products will always be provided next to the description of the Products, or it will be provided to you after you enquire about the availability of the Products.
6. CANCELLING THE ORDER
6.1. You may cancel the Order only until you receive the e-mail referred to in section 5.8 of these Terms and Conditions. To do so, contact the Seller by phone: 61 815 70 16 or 61 815 70 17, +48 696 172 856 or +48 696 172 867 or by e-mail to: sklep@tulplast.pl.
6.2. Cancellation of the Order will be confirmed by the Seller in an e-mail sent to the address you entered when you placed the Order.
7. ORDER PROCESSING
7.1. The period until delivery will include processing time and Delivery time, which will depend on the selected form of payment, Delivery method and place of Delivery.
7.2. Processing time (the time required to prepare the Products for shipment or collection) will be specified in the Order confirmation. If the processing time is not specified, it will generally be as follows:
a) for cash on delivery – up to 3 Business Days from the confirmation of the Order referred to in section 5.8 adjustment of these Terms and Conditions;
b) for advance payment – up to 3 Business Days from the date on which your payment is credited to the Seller's account;
 subject to section 7.3 of these Terms and Conditions.
The above-mentioned processing times will not include the day on which the Seller confirms the acceptance of the Order.
7.3. If the above-mentioned processing times cannot be observed, the Seller will inform you about this and indicate the possible processing time. In such case, you may, at your discretion, accept the proposed processing time or cancel the Order or its part (withdraw from the Sales Contract or its part) by sending a relevant declaration to the e-mail address of the Seller: sklep@tulplast.pl within 2 Business Days; if you fail to submit such declaration, the Seller will process the Order within the specified longer period.
7.4. The quantity of Products sold at discounted prices as part of sales promotions and seasonal sales is limited, and such Orders will be processed in the sequence in which they are received until the discounted Products are out of stock.
8. PRICES AND PAYMENT METHODS
8.1. The prices specified in the descriptions of the Products are given in:
a) PLN in the Polish version of the On-line Store;
b) EUR in other versions of the On-line Store.
8.2. The prices of the Products are inclusive of VAT.
8.3. The prices of the Products are exclusive of the flat Delivery charge or other charges, such as customs duty or excise tax. The price of the Products is changed by publishing new price offers on the Website, and it will bind the Parties from the time they are published, without affecting the performance of contracts entered into for earlier Orders.
8.4. The Seller will inform you about the total price of the Products, available Delivery options and any additional charges, including Delivery charges, directly before you place the Order (offer to buy).
8.5. When placing the Order, the Seller will inform you about the available payment methods:
a) cash on delivery, i.e. payment to the courier representing the Carrier or the Seller upon collection of the shipment from the premises of the Seller,
b) by bank transfer to the bank account of the Seller:
Tulplast sp. z o.o. sp. k.
62-021 Paczkowo
ul. Wiosenna 27
BRE Bank: 28 1140 1124 0000 2700 8700 1001.
8.6. The payment period for the executed Sales Contract will be as follows:
a) when paying by bank transfer – promptly, but in any case not later than within 48 Business Hours from Order placement;
b) when paying by cash on delivery – upon collection of the ordered Products.
You will always be informed by the Seller about the payment period in the Order confirmation e-mail discussed in section 5.8 of these Terms and Conditions.
8.7. The Parties may agree upon an extended payment period for the Products in specific cases. Changing the payment period will always require the Seller's express confirmation in writing or in a declaration submitted by e-mail.
8.8. If you do not make the payment within the period specified in section 8.6 of these Terms and Conditions or within the period agreed for a specific Order as per section 8.7 of these Terms and Conditions, the Seller may withdraw from the Sales Contract. Upon the unsuccessful lapse of the payment period, the Seller will send the contract withdrawal notice to you on a permanent medium (to your indicated e-mail address or service address).
8.9. A relevant sales document (receipt or VAT invoice) will be issued for each Order, and it will be sent to you with the ordered Products.
8.10. If you wish to receive an electronic sales document in the PDF format, you may request that the Seller send such document at any time in electronic form by sending this request to the following e-mail address: sklep@tulplast.pl. The Seller will send the electronic document to your e-mail address indicated in the request within 7 days from the issue of the Products.
9. DELIVERY
9.1. The ordered Products:
a) will be delivered by the Seller to the address you indicate; or
b) will be made available for pick-up at the premises of the Seller, on Business Days, during Business Hours, after prior confirmation that they are ready for pick-up.
9.2. The Seller will inform you that it has sent the ordered Products in an e-mail with information about the following: delivery address, Carrier details, shipment number and number of the VAT invoice (if any).
9.3. The expected time of Delivery of the Products by the Carrier will generally be up to 2 Business Days from the shipment date. However, the time of Deliver will depend on the weight and size of the shipment. If the Products are to be delivered abroad, the expected Delivery time will be specified individually. The detailed terms of delivery of the Products by the Carrier will be governed by the relevant contractual provisions used by the Carrier.
9.4. If you do not collect the Products, the Seller may schedule an additional date for the collection of the Products. If you do not collect the Products within the prescribed additional period specified by the Seller, the Seller will have the right to withdraw from the Sales Contract. The Seller may submit the Sales Contract withdrawal notice within 30 days from the original scheduled date of Delivery of the Products.
9.5. The withdrawal from the Sales Contract referred to above will be effected by submitting the withdrawal notice to your mail or e-mail address within the specified periods. In such case, the Sales Contract will be considered void. The Parties will promptly return all their considerations under the Sales Contract to each other.
10. DELIVERY COSTS
10.1. You will bear the costs of Delivery.
10.2. Information about Delivery costs will be posted on the Product homepage, and it will be indicated when you place the Order using the Order form on the Website.
10.3. Payment for the Delivery of the Products will depend on quantity, weight
and size of the ordered Products. The amount of the flat Delivery charge will be communicated to you when you place the offer to buy the Products before executing the Sales Contract. It will be paid together with the price of the Products.
10.4. If the Products are to be shipped abroad, the amount of the Delivery costs will be indicated separately for each Order.
10.5. All costs of shipping the Products abroad (including customs duties, excise tax, etc.) will be paid by you.
11. SHIPMENT COLLECTION
11.1. When you collect the Products sent to the address you indicated, you should first check the external condition of the delivered shipment. If you notice any mechanical damage or any other signs that may indicate that the packaging has been damaged,
including the condition of shipping safeguards (e.g. damaged packaging of the Products, visible signs of opening, broken tape), you should categorically refuse to accept the shipment and promptly notify the Seller.
11.2. If the external condition of the shipment is fine, you should check the contents while the representative of the Carrier is still present. If you have any comments regarding the condition and appearance or completeness of the collected Products, you should draw up a damage report. The Carrier will have the necessary forms, and it will be obliged to certify any discovered irregularities in the report.
11.3. If it is found that the shipment was damaged during Delivery or if you believe that the quantity of the delivered Products is incorrect, you should draw up the damage report in the presence of the Carrier's representative (if the Carrier does not have such report on hand, you should arrange for it to be drawn up at a different time). The damage report should include the date and time of delivery and a description of damaged or missing Products and packaging, and it should be sent within 7 days from the date of Delivery to the Seller to the following correspondence address: Tulplast sp. z o.o. sp. k. , 62-021 Paczkowo, ul. Wiosenna 27 or scanned and sent to the following e-mail: reklamacje@tulplast.pl. Photographs of the defects of the Products or packaging should be enclosed with the report.
11.4. The above instructions and recommendations are only meant to make it easier for you to pursue your claims. Failure to comply with them will not in any way prejudice your rights arising from the defects of the Products pursuant to the applicable law.
12.1. If you are a Consumer as defined by Article 22¹ of the Civil Code and you have entered into a remote contract by placing the Order, you may withdraw from the contract for convenience and without any extra charge other than the charges indicated below by submitting a relevant declaration in any form (including, for instance, the form available at: www.tulplast.pl/files/Tulplast_formularz_odstapienia_eng.pdf and in the footer of the www.tulplast.pl website) within 14 days from the date on which the Products were issued to you or to a person you indicated (other than the Carrier), and if the Products were delivered in batches or parts – from the date on which you acquired the last of the items or on which the third party you indicated (other than the Carrier) acquired the last of the items.
12.2. To comply with the 14-day period specified in section 1 above, it will be sufficient for the declaration to be sent before its expiry. Declarations may be sent to the following address: Tulplast sp. z o.o. sp. k., 62-021 Paczkowo, ul. Wiosenna 27 or by e-mail to: reklamacje@tulplast.pl.
12.3. If you select a method of Product delivery other than the least expensive regular method of delivery offered by the Seller, the Seller will not be obliged to refund your extra costs to you.
12.4. If you withdraw from the Contract, the Contract will be deemed void, and you will be released
from all obligations. You will be liable for the reduction of the value of the items caused by the use of the items exceeding the use necessary to establish the type, characteristics
and functioning of the items, unless the Seller has failed to inform you about your right to withdraw from the Contract in accordance with the Act.
12.5. The Products you return should be accordingly packed to ensure that they are not damaged during Delivery. Where possible, the Products should be packed
in the original packaging. The Products should be returned with complete equipment, accessories and documents issued upon sale.
12.6. You will be liable for the reduction of the value of the items caused by the use of the items exceeding the use necessary to establish the type, characteristics and functioning of the items.
12.7. The Seller will refund all your payments, including the costs of Delivery of the Products, to you promptly, but in any case not later than within 14 days from the receipt of your withdrawal notice. However, the Seller will only refund the costs of the least expensive, regular shipment method it offers.
12.8. The refund of payments will be done using the payment methods used in the original transaction, unless you expressly consent to a different solution. In any case, you will not bear any charges for the refund of the payments.
12.9. You have to return the Products to the Seller or hand it over to the person authorized by the Seller for pick-up promptly, but in any case not later than within 14 days from the date of withdrawal, unless the Seller has proposed to collect the Products itself. To comply with the 14-day period specified in the preceding sentence, it will be sufficient for the Products to be sent back to the Seller before its expiry. You will bear the direct costs of the return of the Products to the Seller.
12.10. Products should be returned to the following address of the Seller: Tulplast sp. z o.o. sp. k., 62-021 Paczkowo, ul. Wiosenna 27.
12.11. If the Seller has not proposed to collect the Products from you, it may wait with the refund of the payments received from you until the Products are sent back or until the you provide proof that they have been sent back, whichever is sooner.
12.12. You will not be entitled to withdraw from a remote contract in the following situations:
a) contract where the deliverable is a non-prefabricated item, produced in accordance with your specifications or designed to meet your individual needs;
b) contract where the deliverable is an item that is quickly spoiled or that has a short shelf life;
c) contract where the deliverable is an item delivered in sealed packaging that cannot be returned for reasons related to health and hygiene if the packaging is opened after delivery;
d) contract where the deliverable is an item that becomes permanently joined with other items upon delivery due to their nature;
e) contract where you expressly demanded the trader to come to your premises to make urgent repair or maintenance. If the trader also provides other services than the ones you demanded or delivers items other than the spare parts required to carry out the repair or maintenance activities, you will have the right to withdraw from the Contract in respect of the additional services or items.
12.13. You can download a sample remote contract withdrawal form in the footer of the website of the On-line Store, but this is not obligatory.
13. IMPLIED WARRANTY
13.1. The Products delivered to you by the Seller have to be free of defects.
13.2. For avoidance of doubt, no provisions of these Terms and Conditions will be deemed to prejudice your rights as a Consumer arising from the applicable Polish law. If any such a provision is identified, provisions of the Polish law, in particular the Civil Code, will apply.
13.3. If the Products are found to be defective and you are a Consumer, you may:
a. demand that the price be reduced, or
b. withdraw from the contract,
unless the Seller promptly replaces the defective Products without undue inconvenience to you with a defect-free item or rectifies the defect, whereas this limitation will not apply if the Products have already been replaced or repaired by the Seller or if the Seller has not complied with the obligation to replace the item with a defect-free it or rectify the defect.
13.4. You may demand that the Products be replaced with defect-free Products instead of having the defect rectified by the Seller or demand that the defect be rectified instead of having the Products replaced, unless it is impossible to make the Products conform to the contract in the manner of your choosing or if this would generate excessive costs in comparison with the manner proposed by the Seller. The value of a defect-free item, type and significance of the defect as well as the inconvenience to you caused by the different method of satisfying your claim will be considered when determining if the costs would be excessive.
13.5. You may not withdraw from the contract if the defect is a minor defect.
13.6. If the item sold is defective, you may demand that it be replaced with a defect-free item or demand that the defect be rectified. The Seller will replace the defective item with a defect-free item or rectify the defect within a reasonable period without undue inconvenience to you.
13.7. The Seller may refuse to meet your demand referred to in section 13.6 of these Terms and Conditions if making the defective item conform with the contract using the method you selected is impossible or – in comparison to the second, possible method of making such item conform to the contract – would require excessive costs.
13.8. Your rights as a Consumer arising from the defects of the Products or your rights under the implied warranty will not in any way prejudice your rights under the express warranty.
13.9. Pursuant to Article 558 of the Civil Code, claims under the implied warranty will be excluded if you are an entrepreneur.
14. PROPERTIES OF THE PRODUCTS
14.1. Descriptions of the Products and their primary properties are included on the subpage of the On-line Store concerning the given Products, hereinafter referred to as the “Description”.
14.2. You may obtain more specific information about the Products by contacting the Seller, which will hereinafter be referred to as “Information”.
14.3. In case of doubts, it will be deemed that the Seller dos not guarantee specific properties of the Products where they are not expressly indicated in the Description or Information.
14.4. For avoidance of doubt, it will be deemed that the Products, unless their Description or Information indicate otherwise, are not designed for use under extreme conditions.
14.5. Purchase of Products with parameters or properties different from those indicated in the Description or in the Information is possible only by entering into an additional, separate contract with the Seller.
15. EXPRESS WARRANTY
15.1. The Seller will rectify physical defects of the Products or deliver defect-free Products to you, at your discretion, if the defects are found within 2 years from the date on which you collect the Products (Express Warranty).
15.2. The Seller will not be liable for defects caused by incorrect use of the Products. In case of doubts, correct use of the Products will be deemed to mean using the Products in accordance with the conditions and properties of the Products specified by the Seller in the Description, Information or manual enclosed with the Products.
15.3. The Seller will not be liable for damaged or destroyed Products, if such damage or destruction occur due to incorrect use or incorrect installation, or during repair or modification of the Products carried out by an entity other than the Seller, unless such repairs were done upon prior consent of the Seller.
15.4. The Express Warranty will not cover the Products that were at least partially made from materials you delivered or according to your specifications.
15.5. The Express Warranty will also not cover damage caused by:
a) normal wear and tear of the Products;
b) chance events or force majeure.
16. COMPLAINTS
16.1. Complaints under the implied or express warranty should be sent to the following address: Tulplast sp. z o.o. sp. k., 62-021 Paczkowo, ul. Wiosenna 27 or by e-mail to: reklamacje@tulplast.pl.
16.2. To make complaint processing easier, your complaint should include the following information:
a) your first name and last name or name of your company;
b) name of the Products;
c) date of purchase of the Products;
d) specific description or photographs of defects of the Products;
e) time of occurrence of the defect.
16.3. These requirements are only meant as recommendations, and they will not affect the effectiveness of complaints if they are submitted without the recommended description.
16.4. The document (or its copy) confirming purchase of the Products at the On-line Store should also be enclosed with the complaint.
16.5. Where necessary to determine if the Products are defective, the claimed Products should be delivered to the Seller's address when the complaint is submitted.
16.6. The Seller will have 14 days to consider your complaint if you are a Consumer. You will be informed if your complaint has been recognised by e-mail, phone or mail. If you are not notified if your complaint has been recognised within this period, it will be deemed that it has been recognised by the Seller.
16.7. You may report a complaint relating to the operation of your Customer Account, newsletter or contact form to the Seller. The complaint may be submitted in electronic form. You should include your e-mail address and description of the problem in your complaint. Where possible, the Seller will consider the complaint promptly, but in any case not later than within 30 (thirty) days, and reply to your e-mail address indicated in the complaint.
17. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
17.1. If you exhaust the complaint procedure referred to above and you are a Consumer, you may (apart from having the right to pursue your claims in court) use out-of-court complaint and claim procedures. The rules for using this type of claims and for the availability of the procedures are available at the offices and websites of the county/municipal consumer ombudsmen, Provincial Trade Inspectors and public organisations created to protect consumers. Such information is also available on the website of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php.
17.2. In particular, if you are a Consumer, you may:
a) request that the dispute under the Sales Contract be resolved by a permanent arbitration consumer court as defined by Article 37 of the
Trade Inspectorate Act of 15 December 2000
(Journal of Laws of 2017, item 1063);
b) request the commencement of mediation proceedings for out-of-court resolution of the dispute between you and the Seller by the Provincial Trade Inspector,
in accordance with Article 36 of the Trade Inspectorate Act of 15 December 2000
(Journal of Laws of 2017, item 1063);
c) address the county/municipal consumer ombudsman or one of the public organisations created to protect consumers.
17.3. You may also use the platform of the on-line system for resolution of disputes between consumers and traders on the EU level (ODR platform) at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. The ODR platform is an interactive and multi-lingual website where the Consumer and trader may obtain comprehensive service relating to out-of-court dispute resolution for contractual obligations under on-line sales or service contracts.
17.4. The authorities in charge of out-of-court resolution of consumer disputes with the Seller are as follows: a) Provincial Trade Inspector in Poznań, www.poznan.wiih.gov.pl, which can be contacted at: al. Marcinkowskiego 3, 60-967 Poznań, or by e-mail at: adr@poznan.wiih.gov.pl; or b) another competent entity entered in the Register of Entities maintained by the President of the Office of Competition and Consumer Protection (the list of competent entities is available at: http://polubowne.uokik.gov.pl/rejestr,5,pl.html, whereas you may select which of the indicated entities in charge of out-of-court dispute resolution you wish to address).
18. PERSONAL DATA
18.1. The On-line Store processes personal data of:
a) Customers (first name, last name, delivery address, e-mail, phone number, company name, registered address, NIP (Tax Identification Number), bank account number, computer IP address);
b) potential Customers (computer IP address);
c) persons acting on behalf of corporate Customers (first name, last name, e-mail address, phone number);
d) persons who have registered a Customer Account (first name, last name, delivery address, residence address, e-mail, phone number, company name, NIP (Tax Identification Number), bank account number, computer IP address);
e) newsletter recipients (e-mail, phone number);
f) persons contacting the Seller (first name, last name, company name, e-mail address);
hereinafter referred to as “Personal Data”.
18.2. The controller of the Personal Data is Tulplast sp. z o.o. sp. k. with its registered office in Paczkowo (62-021) at ul. Wiosenna 27, entered in the register of business entities of the National Court Register (KRS) maintained by the Poznań-Nowe Miasto i Wilda Regional Court in Poznań, 8th Commercial Division of the National Court Register, KRS (National Court Register Number): 0000287833, NIP (Tax Identification Number): 7773015295, REGON (National Official Business Register Number): 300664890.
18.3. Providing your Personal Data is voluntary, but it may be necessary in some cases to enter into and perform the contract, e.g. Sales Contract or contract for an electronic service at the On-line Store (operation of your Customer Account or signing onto the newsletter). The scope of data required to execute the contract is specified beforehand on the website of the On-line Store and in these Terms and Conditions.
18.4. Upon your consent, the indicated e-mail address will be used for the purpose of marketing of the Seller's own Products and services. You may revoke your consent at any time.
18.5. Your Personal Data will be processed by the Seller for the following purposes: performing Sales Contracts, in particular processing Orders, shipments or deliveries of the Products, fulfil obligations under the express or implied warranty, seek payment, direct marketing of the Seller's own services, sending the newsletter, providing full Customer service, including technical troubleshooting and providing suitable functions, customising the offering and Customer experience, including advertisements, in the Store properties;
monitoring the activity of all or specific Customers;
contacting the Customers, in particular for purposes relating to the provision of services, Customer service and permitted marketing and advertising activities;
conducting research and analyses to improve the quality of available services;
enforcing compliance with these Terms and Conditions, assessing some personal factors of the Customers and exercising other rights and contractual or statutory duties.
18.6. The Personal Data of potential Customers will be processed by the Seller for the purpose of market analysis and to deliver individual, customised and matching offers and contents to the Customers, save the Products added to the cart in the Order procedure using the form, carry out activities necessary before executing a contract, providing full Customer service, including technical troubleshooting and providing suitable functions;
activity monitoring, conducting research and analyses to improve the quality of available services;
enforcing compliance with these Terms and Conditions.
18.7. The Personal Data of persons acting on behalf of corporate Customers will be processed for the purpose of direct contact and performance of Sales Contracts.
18.8. Personal Data of persons who register their Customer Account will be processed for the following purposes: registering and operating their Customer Account, performing Sales Contracts, in particular processing Orders, shipments or deliveries of the Products, fulfil obligations under the express or implied warranty, seek payment, direct marketing of the Seller's own services, sending the newsletter, providing full Customer service, including technical troubleshooting and providing suitable functions, customising the offering and Customer experience, including advertisements, in the Store properties, monitoring the activity of all or specific Customers, contacting the Customers, in particular for purposes relating to the provision of services, Customer service and permitted marketing and advertising activities, conducting research and analyses to improve the quality of available services, enforcing compliance with these Terms and Conditions, assessing some personal factors of the Customers and exercising other rights and contractual or statutory duties.
18.9. Personal Data of newsletter recipients will be processed for the purpose of direct marketing of the Company's products and services.
18.10. Personal Data of persons who contact the Seller will be processed in order to receive a reply to the enquiry, including receipt of relevant information about the Seller's products and services by e-mail, in accordance with the contents of the enquiry.
18.11. Your Personal Data may be transferred by the Seller to third parties involved in the performance of the Sales Contract to ensure that it can be correctly performed, e.g.: carriers, logistics companies or freight forwarders or to companies providing IT services relating to the software of the On-line Store.
18.12. If you have consented to direct marketing of the Seller's products and services, e.g. if you are a recipient of the newsletter, your Personal Data may be transferred by the Seller to third parties for the purposes of marketing communication, e.g. Fresh Mail.
18.13. The Seller will process the Personal Data for the period required to perform the Sales Contract, operate your Customer Account, send the newsletter or answer enquiries, within the time limits stipulated by the applicable law.
18.14. If you have provided your Personal Data to the Seller:
a) you may access these data and correct them in the situations discussed in Articles 15 and 16 of the Regulation;
b) you may request that they be erased or that their processing be restricted in the situations discussed in Articles 17 and 18 of the Regulation;
c) you have the right to object to data processing and the right to data portability in the situations discussed in Articles 20 and 21 of the Regulation;
d) you may file a complaint with the Inspector General for Personal Data Protection if you find that processing your personal data would violate the Regulation;
e) you may revoke your consent to personal data processing for marketing purposes or your consent for personal data profiling.
18.15. Using the web page of the Store involves sending enquiries to the server with the On-line Store. The seller may automatically acquire and record data sent to the server by your web browsers or devices, e.g. IP address, parameters of software and hardware, browsed pages, identification number of the mobile device and other data of concerning the devices and use of the systems. The above data will be acquired if you use the On-line Store. The data recorded in server logs are not associated with specific persons using the On-line Store and are not used by the Seller to identify you or the user.
18.16. The Seller may provide anonymised data to other entities, including partners of the On-line Store, to determine if the advertisements and services are attractive to the Customers, to improve the quality and efficiency of the services provided by the On-line Store or indicated entities or to participate in research studies.
18.17. Personal Data of Customers and potential Customers will not be provided to other entities for marketing purposes.
18.18. The Seller will implement technical and organisational measures to protect the Personal Data being processed, appropriate to the risks and category of data being protected. In particular, it will protect data against their unauthorised disclosure, takeover by an unauthorised person, processing in violation of the applicable law, and change, loss, damage or destruction.
18.19. The Seller will provide the following technical measures to prevent the Personal Data sent electronically from being acquired and modified by unauthorised persons:
a) data filing system protection against unauthorised access;
b) enabling access to the Customer Account only after entering the individual login and password.
19. FREE SERVICES
19.1. The Seller will provide the following free services in electronic form:
a) Contact form;
b) Newsletter;
c) operating your Customer Account.
19.2. The Services indicated in section 19.1 above will be provided 7 days a week, 24 hours a day.
19.3. The Seller may select and change the type, form, time and method of providing access to the services you have selected out of those indicated above, and it will inform you using the procedure stipulated for amendments of these Terms and Conditions.
19.4. The Contact Form service involves sending a message to the Seller via the form available at www.tulplast.pl.
19.5. You can cancel the free Contact Form service at any time – to do so, you only have to stop sending enquiries to the Seller.
19.6. The Newsletter service can be used by all Customers who enter their e-mail address using the Registration form provided by the Seller at the On-line Store. After sending the filled-out Registration form, you will promptly receive a confirmation from the Seller to the e-mail address indicted in the Registration form. This will mean that you have entered into a contract for the electronic provision of the Newsletter service.
19.7. During Registration of your Customer Account or Order placement using the form, you may also check the relevant boxes in the form to subscribe to the Newsletter service, i.e.:
a) consent to the processing of your personal data for the purpose of marketing of the products and services of Tulplast sp. z o.o. sp. k., now and in the future;
b) consent, in accordance with Article 172 paragraph 1 of the Telecommunications Law Act of 16 July 2004 (Journal of Laws of 2016, item 1489, as amended), to receive commercial information electronically to your e-mail and phone number (i.e. via telecommunications terminal devices) and using automatic calling systems from Tulplast sp. z o.o. sp. k. for direct marketing purposes;
c) consent, in accordance with Article 10 paragraph 2 of the Electronic Services Act of 18 July 2002 (Journal of Laws of 2016, item 1030, as amended), for Tulplast sp. z o.o. sp. k. to send commercial information concerning its products and services electronically to your e-mail and phone number.
19.8. The Newsletter service involves the Seller sending e-mails with information about new products or services of the Seller to your e-mail address. The Newsletter is sent by the Seller to all subscribed Customers.
19.9. Every Newsletter sent to you includes, in particular, the following: information about the sender, “subject” area specifying the contents of the e-mail and information about the possibility and method of discontinuing the free Newsletter service.
19.10. You may discontinue the Newsletter service at any time by clicking the link in the e-mail message with the newsletter.
19.11. The Customer Account service is available after Registration in accordance with the rules described in these Terms and Conditions, and it involves providing you with a dedicated panel on the Website of the On-line Store to modify the data you entered at the time of Registration and track the status of current Orders or history of Orders already delivered.
19.12. The Seller may block access to your Customer Account and free services if your perform actions detrimental to the Seller or other Customers, violate the law or provisions of these Terms and Conditions and if blocking access to your Customer Account and free services is justified by security reasons – in particular: by your attempts to break the security mechanisms of the Store Website or other hacking activities. Access to your Customer Account and free services for the reasons indicated above will be blocked for the duration of the period required to resolve the matters that caused the Seller to block access to your Customer Account and free services. The Seller will notify you that it has blocked access to your Customer Account and free services by sending an e-mail to the address you have indicated in the Registration form.
20. FINAL PROVISIONS
20.1. These Terms and Conditions will be effective as of 3 January 2018.
20.2. All indicated Products at the On-line Store and their names are used only for identification purposes, and they may be registered trademarks of relevant entities.
20.3. All matters not governed by these Terms will be regulated by the Civil Code and other acts, in particular, if you are a Consumer – also by the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683). Provisions of these Terms and Conditions will not exclude your rights as a Consumer arising from defects of the Products to which you are entitled pursuant to generally applicable law. If the provisions of these Terms and Conditions are contrary to provisions of the generally applicable law that grant you specific rights as a Consumer, the provisions of the generally applicable law will prevail.
20.4. The Seller will be liable for default or breach of the contract, but if the other Party to the Contract is a corporate Customer, the Seller will only be liable if it does deliberate damage and only up to the amount of losses actually incurred by the corporate Customer.
20.5. If it is necessary to amend these Terms and Conditions due to the change of the form of payment, methods and principles of Delivery, conditions for executing contracts, complaint procedures, necessary modifications clarifying the provisions of these Terms and Conditions, changes of the generally applicable law and other provisions whose changes affect the performance of existing contracts, the Seller will notify you about this at least
14 days before the amendments become effective. In such case, the implemented amendments will not
in any way violate the rights acquired by you before the effective date of these amendments, which means that existing contracts and completed contracts will be governed by the Terms and Conditions applicable on the date on which they were executed.
20.6. If you have a Customer Account and you do not accept the new contents of these Terms and Conditions, you will report this fact to the Seller within 7 (seven) days from the date on which you are informed about the amendment of these Terms and Conditions. If you do not accept the new contents of the Terms and Conditions, the contract for the operation of your Customer Account will be terminated.
20.7. All Orders accepted by the Seller for processing before the date of amendment of these Terms and Conditions will be processed in accordance with the Terms and Conditions effective on the date on which you placed the Order.

 

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