Welcome to our store!
Store Regulations
§1. DEFINITIONS
The terms used in the Regulations mean:
1. Seller/Service Provider/ Administrator- Telimena Stachnik conducting business activity under the name TS Telimena, at 3 Maja 247, 39-100, Ropczyce, NIP: 8181737032 in accordance with the document generated from the Central Registration and Information on Business system.
2. Price - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Goods.
3. Proof of purchase – an invoice, receipt, or other proof provided to the Customer upon request confirming the sale of the Goods. Proof of purchase is issued in accordance with the Goods and Services Tax Act of 11 March 2004 and other applicable laws.
4. Working day – a day from Monday to Friday, excluding public holidays.
5. Order Form – an interactive form available in the domain of the online store www.telisman.com enabling the placement of an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
6. Customer/User – a natural person, legal person and an organizational unit that is not a legal person, to which separate provisions grant legal capacity, who has concluded or intends to conclude an Agreement with the Seller.
7. Consumer – in accordance with Article 22[1] of the Civil Code, a consumer, a Customer who is a natural person who enters into a legal transaction with the Seller that is not directly related to his or her business or professional activity.
8. Account – a Customer or User account created on the Store’s online platform, enabling access to the purchase of Goods.
9. Newsletter - an electronic distribution service offered by the Seller via email, to which the Customer can subscribe. It allows Customers to receive electronic content from the Seller: information about the Seller, Products, services related to the Seller, new products, and promotions in the Store.
10. Payment operator
· Przelewy 24 – PayPro SA with its registered office in Poznań, at ul. Pastelowa 8, 60-198 Poznań, KRS 0000347935, NIP number 7792369887.
· For foreign payments - PayPal (Europe) S.à rl et Cie, SCA with its registered office in Luxembourg, L-2449, holding the appropriate authorization in Luxembourg to operate as a credit institution within the meaning of Article 2 of the Financial Sector Act of 5 April 1993 (as amended), subject to the supervision of the Luxembourg Financial Supervisory Commission (Commission de Surveillance du Secteur Financier, CSSF), registered with RCS Luxembourg under number B 118 349.
11. Entrepreneur with Consumer Rights – an Entrepreneur concluding an Agreement with the Seller related to the business activity conducted by him, but this agreement is not of a professional nature for this person, resulting in particular from the subject of the business activity conducted by him as disclosed in the Central Register and Information on Business Activity.
12. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which separate provisions grant legal capacity, performing
on their own behalf, conducting business activity, including professional activity, who, as part of this activity and for its needs, make a purchase directly related to this activity, in the Store.
13. Regulations – these Store Regulations.
14. Online Store/Shop/Service – online store available at www.telisman.com and on its relevant subpages, through which the Customer can place Orders and purchase specific Goods.
15. Sales Agreement – a sales agreement for Goods concluded between the Seller
and the Customer via the Online Store.
16. Distance contract – a contract concluded between the Customer and the Seller via the Store, without the physical presence of the parties, using only one or more means of distance communication until the conclusion of the contract.
17. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient (Customer) via the Store.
18. Goods – all movable items offered through the Store.
19. Durability of goods - the ability of goods to retain their functions and properties in the course of normal use.
20. Order – a declaration of intent by the Customer, expressing the direct intention to conclude a Distance Agreement, submitted via means of distance communication. The Order specifies the Product to which it pertains, as well as the information necessary to conclude and perform the Agreement, as indicated in the Order Form, such as the payment method, delivery method, delivery location, and Customer details.
21. Payment – payment of the amount due to the Seller, which may be made via online payment methods available in the Store or upon personal collection of the goods, depending on the chosen payment method and the ordered Goods.
22. System – a set of IT devices and software that enables processing, storing, sending and receiving data via telecommunications networks using an appropriate terminal device (the Internet).
23. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
24. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
25. GDPR - 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, hereinafter referred to as GDPR.
26. Personal Data Protection Act – the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000, as amended).
27. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
§2. INTRODUCTORY PROVISIONS
1. The Service Provider and at the same time the Seller in the Store is Telimena Stachnik conducting business activity under the name TS Telimena, at 3 Maja 247, 39-100, Ropczyce, NIP: 8181737032 in accordance with the document generated from the Central Registration and Information on Business system.
2. The online store is available in the domain www.telisman.com and on the appropriate subpages, run by the Seller.
3. In any matter related to the order or the operation of the store, please contact the Seller using the following contact details:
· e-mail address: telismanofficial@gmail.com
· telephone number: +48 608 230 283
· contact form available in the Store.
4. The Seller provides the Terms and Conditions to the Customer or User free of charge before using the Store. The Customer may retain the Terms and Conditions in any manner convenient for them, e.g., by saving them on a durable medium or printing them out.
5. The seller is/ is not a VAT payer.
6. The goods offered by the Seller in the Store are new.
7. The condition for using the Store and concluding a Sales Agreement is acceptance of the Terms and Conditions. By accepting them, the Customer consents to all provisions of the Terms and Conditions and undertakes to comply with them.
8. Acceptance of the Regulations is voluntary, but necessary to create an Account and/or conclude a Contract and place an Order by the Customer via the Store.
9. Information about the Goods provided on the Store's website,
in particular their descriptions, technical parameters and prices do not constitute an offer
within the meaning of the Civil Code, and are merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
10. The Customer using the Store is obliged to:
· Use the Electronic Services in a manner consistent with applicable law and the provisions of these Regulations;
· Not providing or transmitting illegal content;
· Use any content posted on the Store only for your own personal use in accordance with the license granted (if any);
· Not posting Spam.
11. All photos of the Goods and other materials, texts, product descriptions, graphics, and logos posted in the Store and the Order Form are the property of the Seller or have been used with the consent of third parties who hold copyrights or other intellectual property rights therein. Copying photos and other graphic materials without the written consent of the Seller or other third party holding the rights therein is prohibited.
12. It is prohibited to download photos and other Store materials and use them for marketing, commercial, or any other purposes. Using the above-mentioned materials without the written consent of the Seller or any third party holding the copyright or intellectual property rights is unlawful and may constitute grounds for civil and criminal proceedings against those involved.
13. By posting entries on the Website, in particular texts, photographs, and drawings, the Customer grants the Seller a royalty-free, non-exclusive, and territorially unlimited license to record them using any technique, publicly distribute them, make them available, and use them for promotional and advertising purposes. In particular, by posting comments and reviews of a given Product or Digital Content on the Website, the Customer consents to the Service Provider using these comments and reviews, including their dissemination for promotional and advertising purposes of the Website. The Customer also authorizes the Service Provider to exercise derivative rights to the Customer's work and to exercise moral rights on the Customer's behalf, in particular the right to integrity. The Customer may terminate this agreement at any time by submitting a notice of termination of the license to the Service Provider, along with a request to remove the materials specified in the notice.
14. The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
15. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be each time provided on the Store's website.
16. The prices, specifics of each Good, its composition, characteristics and information about important properties are provided with the presented Good.
17. The Customer may use the available functions of the Store in a manner consistent with the Regulations and applicable regulations and in a manner that does not disrupt the operation of the Store or other Customers.
18. Information regarding the Goods, and in particular their prices, does not constitute an offer within the meaning of Article 71 of the Civil Code, but is an invitation to conclude a contract.
19. The following Goods are available in the Store:
a) Clothing,
b) Jewelry,
c) Accessories,
d) Goods made to individual order of the Customer (in order to place such an order, the Customer should contact the Seller at the e-mail address provided by him/her). The process of ordering such Goods will be agreed with the Customer via e-mail correspondence.
§3. SERVICES PROVIDED ELECTRONICALLY
1. The services provided by the Seller electronically via the Store are:
and) Presentation of Goods;
b) Enabling the conclusion of a Sales Agreement via the Order Form;
c) Account;
d) Newsletter – the terms and conditions of providing the newsletter service are available in the newsletter regulations;
2. In order to create an individual Account, the Customer should complete the registration form and accept the Regulations.
3. A login code will be sent to the email address provided by the Customer . After entering the code via email, entering it on the login page, and clicking submit, the Account is created, and the Customer can use it and complete the remaining data in the Profile tab.
4. After providing your e-mail address, you are registered on the Website; each login is done in the same way if you are logged out of your Account.
5. The Account stores the Buyer’s data and the history of orders placed by him in the Store.
6. Upon submitting the email address and confirming the code sent via email, an account management agreement is concluded between the Buyer and the Seller. This agreement is concluded for an indefinite period, and the Buyer may terminate this agreement with immediate effect at any time by deleting the account.
7. The Agreement on maintaining an Account in the Store may also be terminated by the Seller with immediate effect if the Buyer uses the Store in a manner contrary to the law, good practices or the Regulations, and in particular when the Buyer:
and) Uses the Store in a way that disrupts the functioning of the Store;
b) Uses the Store in a way that makes it difficult for other users to use the Store;
c) Provided false personal data in the account;
d) Sends illegal content via the forms available in the Store, in particular content that is vulgar, offensive, discriminatory, or incites aggression or hatred.
8. Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Store are subject to a fee.
9. To delete a Customer's account, the Customer must inform the Store in writing or via email of their intention to delete it. [JS14] The Customer may also delete the Account themselves in the panel.
10. The Seller informs that deletion of the Customer Account may make it difficult or impossible for the Customer to use a given functionality, e.g. tracking order history or placing an order.
§4. MINIMUM TECHNICAL REQUIREMENTS
- To use the Store, including browsing the Store's assortment and placing orders for Goods, you need:
and) Access to the Internet from a device that allows it (e.g. computer, telephone);
b) A properly configured, up-to-date version of a web browser that supports cookies and JavaScript, e.g. Google Chrome, Internet Explorer, Mozilla Firefox, Opera, Safari;
c) An active and properly configured email account.
- The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and unauthorized third parties.
- The Seller takes appropriate actions to ensure the proper functioning of the Store.
- Before using the Website, the Customer is obliged to check whether his/her device meets the technical requirements specified in the Regulations.
§5. CONCLUSION OF THE AGREEMENT AND FULFILLMENT OF ORDERS FOR GOODS
- The Customer may place an Order and then conclude an Agreement via the Order Form on the Store's website or via the Account service by completing the Order Form, to the extent necessary to finalize the Order.
- Orders can be placed in the Store 7 days a week, 24 hours a day, excluding situations beyond the Seller's control (force majeure).
- In order to successfully place an Order, it is necessary for the Customer to:
and) Added the Product to the Cart, to do this, click the "Add to Cart" button next to the presented Product;
b) He proceeded to pay for the order by clicking the "Order" button;
c) Completed the order form with the necessary data;
d) He chose the payment method from those available in the Store;
e) He chose the delivery method from those available in the Store;
f) Accepted the provisions of the Regulations and Privacy Policy;
g) He selected the "Go to order review/Check order/Pay now" button, which indicates that the order is being reviewed and that he must pay for the order and complete the purchase on the next page.
- The Customer is aware and understands that by clicking the "Pay now" button, he or she concludes an Agreement with the Seller, which involves the Customer's obligation to pay.
- In order to place an Order, the Customer must provide the following data in the forms:
and) name and surname,
b) address (country, street, building number, apartment number, postal code, city),
c) telephone number,
d) email address,
e) optional: name and company details,
f) shipping method.
5. An order sent by the Buyer is a declaration of the Buyer's will to conclude a sales contract with the Seller, in accordance with the provisions of these Regulations.
6. The customer may also indicate a different shipping address by entering the appropriate shipping details in the "Delivery" section and indicating the appropriate shipping address on the page to which he or she will be redirected.
7. The customer can also optionally submit comments to the order, e.g. additional information about the delivery of the shipment.
8. The Customer has the option to modify the Order within the Website until the "Pay now" button is activated .
- If the Customer wishes to receive a VAT invoice, they are required to provide their Tax Identification Number (NIP) in the Order Form. The VAT invoice will be sent to the email address they provide, to which the Customer consents.
-
The customer makes the payment by selecting one of the available payment methods.
in the Store.
11. After placing the Order, the Seller immediately confirms the Customer's submission of the Order. Confirmation of the Order by the Seller is made by sending the Customer an email confirming all essential elements of the Order to the email address provided by the Customer.
12. The email message confirms the conclusion of the Sales Agreement between the Seller and the Customer.
13. The Agreement is deemed concluded upon receipt by the Customer of an email confirming all essential elements of the Sales Agreement.
- The Seller reserves the right not to process the Order in the event of:
and) incorrect/incomplete completion of the Order form (lack of all data required to complete the Order),
b) failure to receive payment within 3 days from placing the Order (if you choose the bank transfer payment option).
15. A Customer may place an order as an unregistered User or as a registered User. A registered Customer is a Buyer who has an account in the Store. The Buyer may create an account during the ordering process or independently of the ordering process.
§6. GOODS PRICES
1. The prices of the Goods displayed in the Store are in Polish zloty and are gross prices, which means that they include all taxes required by applicable law, including value added tax (VAT).
2. The prices of Goods listed in the Store do not include delivery costs. Delivery costs are provided in the Order Form each time the Order is placed, including immediately before and at the time the Customer confirms and places the Order, and are included in the total value of the Order.
3. The total value of the Order includes the price of the Goods and delivery costs. The Customer is informed of the total amount of the Order, including delivery costs, each time before placing the Order and in the email confirming the Order.
4. The seller does not apply mechanisms for individual price adjustment in the Store based on automated decision-making.
5. The Seller provides information on the lowest price of a given Product, which was valid in the period of 30 days before the price reduction was introduced.
6. If a given Product is offered for sale in the Store for a period shorter than 30 days, in addition to information about the reduced price, the Seller also displays information about the lowest price of a given Product, which was valid in the period from the date of commencement of offering the Product for sale until the date of introduction of the discount.
7. The Seller uses tools from external suppliers to meet requirements regarding prices, promotions and discounts and their presentation on the website and subpages of the Online Store.
§7. PAYMENT METHODS AND DELIVERY FEE FOR ORDERED GOODS
1. The current possible payment methods are specified in the Store in the "Payment Methods" tab and each time on the subpage of a given Product, including when the Customer expresses his or her willingness to conclude the Agreement.
2. The following payment methods are possible for ordered Goods:
and) Traditional transfer to the Seller’s bank account number, to the bank account number PL24 1140 2004 0000 3802 8477 9802 within 3 days from the date of placing the Order.
b) By electronic transfer – possible via the Payment Operator’s system;
c) Via PayPal – possible via the Payment Operator system;
d) BLIK payment via the service provided by the Payment Operator.
4. In the case of electronic payments, the Goods will be shipped after the transfer has been received and credited to the Seller's bank account.
5. A receipt or VAT invoice (personal or company) is issued for each Order .
6. Complaints - The Customer may submit a complaint regarding Payments. Complaints are processed in accordance with the Payment Operators' policies.
§8. DELIVERY OF GOODS
1. Delivery is available within the territory of the Republic of Poland.
2. Delivery of the Goods to the Customer is subject to payment, unless the Promotion Regulations or the Sales Agreement provide otherwise.
3. The available methods and costs of delivery of the Goods are indicated to the Customer in the "Delivery Methods and Costs" tab in the Store and each time in the Basket, including when the Customer expresses his or her willingness to conclude an Agreement with the Seller.
4. The Goods will be shipped within 3 to 14 business days from the day following the day on which the Seller receives the payment.
5. The Order completion time does not include the delivery time of the Goods, which depends on the delivery method chosen by the Buyer.
6. The customer can choose from the following delivery methods:
and) Postal delivery;
b) Parcel lockers;
c) Courier delivery;
7. The order will be shipped to the shipping address provided in the Order Form.
8. If the Customer chooses prepayment upon purchase, they agree to immediately deposit the funds into the Seller's bank account. If the payment is not deposited into the Seller's bank account within 3 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays, and other public holidays), the Order will be canceled.
9. No cash on delivery option.
10. It is assumed that the date of payment is the date on which the Seller's bank account is credited.
§9. RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. Pursuant to Article 27 of the Act, Consumers and Entrepreneurs with Consumer Rights may withdraw from this contract within 14 days without giving any reason, subject to §9, Section 17 of the Regulations, and without incurring any costs. The costs specified below are an exception.
2. The deadline for withdrawal from the contract begins on the day following the day when the Consumer or Entrepreneur with Consumer Rights takes possession of the Goods.
3. When the contract covers many goods that are delivered separately, in batches or in parts – the deadline for withdrawal from the contract is counted from the taking of possession of the last goods, batch or part thereof; if the contract involves regular delivery of goods for a specified period of time – from the taking of possession of the first of the goods.
4. In order to effectively withdraw from the contract, the Consumer or Entrepreneur with Consumer Rights is obliged to inform the Seller of his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. via e-mail or traditional mail) before the expiry of the withdrawal period.
5. An example of the content of the declaration – form (template) on withdrawal from the contract is attached as Annex 1 to the Regulations.
6. In the event of withdrawal from a distance contract, the contract is deemed null and void. If a Customer who is a Consumer or an Entrepreneur with Consumer Rights submits a declaration of withdrawal from the contract before the Seller accepts their offer, the offer is no longer binding.
7. The Seller will immediately send the Consumer or Entrepreneur with Consumer Rights a confirmation of receipt of the declaration of withdrawal from the contract to the e-mail address provided by him.
8. The Consumer or the entity indicated in paragraph 1 is obligated to return the Goods to the Seller no later than 14 days from the date on which the Consumer informed the Seller of their withdrawal from the contract. To meet the deadline, it is sufficient to return the Goods before the expiry of the 14-day period to the following address: TELISMAN, ul. Lubicz 17e/61, Krakow, 31-503, Poland.
9. The Seller is obliged to immediately, no later than within 14 days from receiving the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by him; the Seller is not liable for the cost of delivery of the Goods, subject to the regulations below.
10. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Seller.
11. The Seller may withhold reimbursement until receipt of the Goods or until proof of their return is provided, whichever occurs first.
12. The Consumer or Entrepreneur with Consumer Rights does not bear the cost of returning the Goods, except for the usual costs of returning the Goods to the Seller (costs of sending the Goods back to the Seller).
13. The Consumer or Customer with Consumer Rights is liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
14. If the Consumer has chosen a method of delivery of the Goods other than the cheapest possible method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
15. The corrective invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer consents.
16. Pursuant to Article 38 of the Act, the right to withdraw from a contract concluded away from business premises or at a distance does not apply to a Consumer or an Entrepreneur with Consumer Rights in relation to contracts:
· for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract and has acknowledged this;
· in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
· in which the subject of the provision is a non-prefabricated good, manufactured according to the consumer’s specifications or intended to meet his individual needs;
· where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
· for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the entrepreneur has fulfilled the performance, the consumer will lose the right to withdraw from the contract, and the consumer has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1;
§10. COMPLAINT HANDLING PROCEDURE
1. The Seller is liable to the Customer, who is a consumer within the meaning of Article 22 1 of the Civil Code and the Act, for non-compliance with the Sales Agreement of Goods purchased by the Customer (warranty).
2. Any complaints can be sent to the e-mail address: telismanofficial@gmail.com or to the traditional address: TELISMAN, Lubicz17e/61, Kraków, 31-503, Poland.
3. The complaint should include information enabling the Customer's identification (name, mailing address, email address), the subject of the complaint, and any requests related to the complaint. If the complaint is received incomplete, the Seller will request the Customer to complete it.
4. The Seller is liable for any lack of conformity of the Goods with the Contract existing at the time of delivery and discovered within 2 years from that time.
5. In the event of non-compliance of the Goods with the Agreement, the Consumer and the Entrepreneur with Consumer Rights have the right to demand replacement or repair of the Goods, and in the event of impossibility or refusal to bring the Goods into conformity with the agreement in this way, to demand a price reduction or to withdraw from the agreement for the sale of the Goods.
6. The Seller may refuse to bring the Service into conformity with the contract if bringing the Service into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
7. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
8. The Seller is obliged to return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement on the price reduction.
9. The Customer may not withdraw from the contract if the lack of conformity of the Goods with the Contract is immaterial. It is presumed that the lack of conformity of the Goods with the Contract is material.
10. The Seller shall repair or replace the Goods within a reasonable time from the moment the Customer informs it of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them.
11. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
12. The Customer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Customer at its own expense.
13. The Entrepreneur is obliged to deliver the Goods to the Seller at his own expense.
14. If the lack of conformity with the Contract only concerns some of the Goods delivered under the Contract, the Customer may withdraw from the Contract only in respect of those Goods, and also in respect of other Goods acquired by the Customer together with the Goods that do not conform with the Contract if the Customer cannot reasonably be expected to agree to retain only the Goods that conform with the Contract.
15. In the event of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Entrepreneur at the Entrepreneur's expense. The Entrepreneur shall refund the price to the Consumer immediately, no later than 14 days from the date of receipt of the Goods or proof of their return.
16. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer about further proceedings via e-mail to the complainant or in the same way as the Customer contacted him or in another way agreed with the Customer.
17. The Seller will process the Customer's personal data for the purpose of considering complaints and in accordance with the privacy policy.
18. The Customer may use the complaint form constituting Annex 2 to these Regulations, or may contact the Seller by telephone to submit a complaint and obtain information on the complaint handling process.
19. In the case of a Customer who is a Consumer or an Entrepreneur with Consumer Rights, the costs of complaints are borne by the Seller, in particular the costs of delivering the Goods to the Seller and sending them back to the Customer by the Seller.
20. In the event of the sale of Goods between entrepreneurs pursuant to Article 558 § 1 of the Civil Code, the parties exclude the Store's liability under the warranty.
§11. WARRANTY
1. Goods available in the Store may be covered by a warranty provided by the manufacturer or the Seller.
2. If a given Product is covered by a warranty, a warranty document is attached to it by the manufacturer or distributor.
3. The warranty period and the scope of the Guarantor's liability are specified in the warranty statement and the description of the Goods.
4. The warranty period begins from the moment the Goods are delivered to the Customer.
5. The warranty covers: refund of the price paid, replacement of the Goods with a new one or their repair.
6. The Seller will respond to the complete warranty claim within 14 days of its receipt and will inform the Customer about further proceedings via e-mail.
7. If a complaint submitted under the warranty is accepted and the defective Goods are replaced with new ones or significant repairs are made, the warranty period shall start again from the date of delivery of the replaced or repaired Goods.
8. In the event of replacing a single part of the Goods, the warranty period starts anew for that part.
§12. OPINIONS PRESENTED IN THE STORE
1. The Seller ensures that all opinions about the Goods and Services posted on the Store's website and in the Store's social media come only from Customers who made a purchase in the Store.
2. In order to obtain opinions from Customers, the Seller always asks for an opinion on the purchased product by sending an inquiry to the Customer.
3. The opinions presented in the Store are verified by the Seller in such a way that the Seller contacts the authors of opinions that are incomprehensible to him or raise doubts and suspicions that they do not come from his customers.
4. The seller does not use reviews that have been purchased, sponsored, or obtained through trade. The seller is also prohibited from publishing or procuring the publication of false reviews or recommendations, or from altering existing reviews or recommendations to promote its products or digital services in the store.
5. The Buyer should formulate opinions in a reliable, honest and substantive manner, linguistically correct if possible and without using vulgarisms and other words commonly considered offensive.
6. It is prohibited to post opinions:
a) Without prior use of the Store;
b) About Products that the Buyer has not used or purchased;
c) Meeting the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition;
d) Infringing the personal rights of the Seller or a third party;
e) By paid users, in particular for the purpose of artificially increasing/lowering the Product rating.
§14. PERSONAL DATA PROTECTION AND COOKIES
In accordance with Article 13 paragraphs 1 and 2 of the GDPR and the Act of 10 May 2018 on the protection of personal data, I hereby inform you that:
1. The administrator of the Customer's personal data is Telimena Stachnik, conducting business activity under the name TS Telimena, at 3 Maja 247, 39-100, Ropczyce, NIP: 8181737032 in accordance with the document generated from the Central Registration and Information on Business system. Also referred to in the Regulations as the Seller.
2. You can contact the Administrator using the following details: e-mail: telismanofficial@gmail.com or in writing to the Administrator's address.
3. The Customer's personal data provided by the Customer will be processed on the basis of an agreement concluded between the Customer and the Controller, which is concluded upon acceptance, pursuant to Article 6(1)(b) of the GDPR (necessity to conclude and/or perform the contract). This is necessary for the performance of this contract and the subsequent maintenance of the Customer Account and Customer service related to the concluded contract.
4. The Customer's personal data may also be processed for the following purposes and on the following legal bases:
and) analysing data collected automatically when using the website – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the Controller) ;
b) issuing an invoice and fulfilling other obligations arising from the provisions of tax law – pursuant to Article 6(1)(c) of the GDPR (obligation arising from the provisions of law);
c) consideration of complaints or claims – pursuant to Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
d) establishing, pursuing or defending against claims – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
e) telephone contact in matters related to the provision of the service/complaint – pursuant to Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of the contract);
f) creating registers and records related to the GDPR – pursuant to Article 6(1)(c) of the GDPR (obligation resulting from legal provisions) and Article 6(1)(f) of the GDPR (legitimate interest of the controller);
g) archival and evidentiary purposes, for the purpose of securing information that may be used to prove facts – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
h) Use of cookies on the website – pursuant to Article 6(1)(a) of the GDPR (Consent)
5. Providing personal data is voluntary, but necessary for the purposes of performing the contract and pursuing the Controller's legitimate interests. Failure to provide such data will prevent the conclusion and performance of the contract.
6. The Client's personal data will be processed for the duration of the contract and for the period necessary to secure any claims in accordance with applicable law. After that, they will be deleted, unless the Client decides to use the Administrator's services and retains them on a different basis and for a different purpose.
7. The Customer's personal data will be made available to other data recipients, such as: accounting, services providing IT system maintenance and hosting services, mail service providers, law firms, subcontractors and contractors involved in the work of the online store, etc.
8. Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and its subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on US servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and its subsidiaries) use compliance mechanisms provided for by the GDPR (e.g., certificates) or standard contractual clauses. These will only be transferred to recipients who guarantee the highest level of data protection and security, including through:
and) cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,
b) the use of standard contractual clauses issued by the European Commission (as is the case with Google, for example),
c) the application of binding corporate rules approved by the relevant supervisory authority, or those to which the Client has consented.
9. Customers have the right to access, correct, rectify, erase, or limit their data, the right to object to processing, the right to data portability, the right to request access to their data, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office – if they believe that the processing of their data is inconsistent with current data protection law. They also have the right to be forgotten if further processing is not permitted by current law.
10. The customer also has the right to withdraw consent at any time if they provided their personal data based on consent. Withdrawal of consent does not affect data processing based on consent before its withdrawal.
11. The Customer's data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the Customer's rights and freedoms.
12. The Administrator takes technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
13. Detailed rules for collecting, processing and storing personal data used to fulfill orders, as well as the cookie policy, are described in Privacy Policy.
§15. OUT-OF-COURT COMPLAINT SETTLEMENT AND CLAIMS PROCEEDINGS
1. The Seller agrees to submit any disputes arising from the sale of goods to mediation. Details will be determined by the parties to the dispute.
2. Consumers have the option of using out-of-court complaint and redress mechanisms. Consumers have the option of, among other things:
and) submitting an application to the permanent consumer arbitration court
to resolve a dispute arising from the concluded contract,
b) submitting a request to the provincial inspector of the Trade Inspection
to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller,
c) free assistance from the district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).
3. For more detailed information on out-of-court complaint and redress procedures, the Consumer can visit the website http://www.uokik.gov.pl and at the offices and on the websites of district (municipal) consumer ombudsmen and social organizations,
whose statutory tasks include consumer protection or the Provincial Inspectorates of the Trade Inspection.
4. Consumers can also use the ODR platform, available at http://ec.europa.eu/consumers/odr . The platform serves the purpose of resolving disputes between consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract.
5. The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute consent. In other cases, any disputes will be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction .
§17. FINAL PROVISIONS
1. Agreements concluded through the Store and services provided are performed in Polish and based on the provisions of Polish law.
2. The Seller reserves the right to make changes to the Terms and Conditions. Agreements concluded before the amendment to the Terms and Conditions will be governed by the Terms and Conditions in force on the date the agreement was concluded.
3. These Regulations are effective from the date of publication on the Store's website.
4. These Terms and Conditions have been prepared in accordance with Polish law. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, including the Civil Code, the Consumer Rights Act, and other laws applicable to the operation and functioning of online stores in force in the Republic of Poland.
5. The provisions of the Regulations do not exclude the possibility for Customers to invoke mandatory legal provisions regulating the protection of consumer rights.
6. The provisions of these Regulations do not exclude taking legal action provided for in generally applicable laws against persons violating the terms of the license and copyright.
7. Any disputes between the Seller and a Customer who is not a consumer within the meaning of Article 22 1 of the Civil Code shall be resolved by the court having jurisdiction over the Seller's registered office.