Tandem Baits online shop regulations

§1 Glossary of terms

  1. Seller - Paweł Wyszkowski, conducting business activity under the name "TANDEM BAITS"
    WYSZKOWSKI PAWEŁ, Piotrowice, 26 Fabryczna Street, 55-311 Kostomłoty, registered in the Central
    Register of Business Activity and Information, NIP: 9131200715, REGON: 930752527.
  2. shop - the website belonging to the Seller, available under the domains www.tandembaits.com and
    www.winnerfishing.com.
  3. Buyer - any entity placing an order in the Store (consumer or non-consumer).
  4. 4th Consumer - a natural person making a legal transaction with the Seller (sales contract through the Store)
    not directly related to his/her business or professional activity (Article 221 of the Civil Code).
     
  5. Terms and Conditions - these terms and conditions.
  6. Registration - a single action, consisting of the creation of an account by the Buyer, carried out using the
    administrative panel made available by the Seller on the website of the Store.
  7. Goods - movable item available for sale in the Store, in particular fishing equipment and articles.
  8. order - the declaration of will of the Buyer aiming at concluding a contract of sale of Goods at a distance
    through the Store, specifying at least the type and number of Goods.

§2 General provisions

  1. The Rules and Regulations set out the principles for the conclusion and performance of a contract of sale
    of Goods in the Store and the rules of use of the Store.
  2. In order to conclude a contract of sale and use the Store, it is necessary to have the devices that allow
    access to the Internet, e-mail and web browsers that allow the display of web pages.
  3. Costs arising from the use of the Internet by the Buyer depends on the price list of the
    telecommunications operator or Internet access service provider used by the Buyer and charged to him
    personally.
  4. The Seller may communicate with the Buyer and the Buyer with the Seller by e-mail
    (karp@tandembaits.com), telephone at 71 397 03 90 and 71 397 03 99, fax at 71 397 03 99 and in writing by
    letter.
  5. Any electronic correspondence sent by the Seller is subject to antivirus protection and is directed
    exclusively to the specified Buyer.
  6. The subject of sale are the Goods presented by the Store at the time of placing an Order.
  7. All Goods presented in the Store are free from defects.
  8. the prices presented on the Store's website are given in Polish zloty and include VAT. Prices do not include
    delivery costs.
  9. The Seller makes sales through the Store in Poland, the Czech Republic and Slovakia.
  10. The Seller has the right to change prices of the Goods, introduce and withdraw the Goods, give discounts
    for individual Goods, as well as conduct and cancel promotions in the Store. However, this does not limit in
    any way the rights acquired by Buyers; i.e. the changes do not apply to Orders which have been placed.
  11. In order to be able to take full advantage of all the possibilities of the Store, the Buyer may register.
    Registration is voluntary and is not necessary for placing Orders in the Shop. Registration is made once.
    Subsequent Orders of the registered Buyer are processed on the basis of the Buyer's logging into the Store.
  12. It is prohibited for persons using the Store (including Buyers) to place in it illegal content (e.g. in reviews
    of Goods).
  13. Whenever these Terms and Conditions refer to a Consumer, it shall also be understood as a natural
    person concluding a contract with the Seller directly related to his/her business activity, when from the content
    of this contract it follows that it does not have a professional character for this person, resulting in particular
    from the subject of his/her business activity, made available on the basis of the provisions on the Central
    Register and Information on Business Activity (in accordance with Articles 3855, 5564, 5565 of the Civil Code
    and Article 7aa of the Act of 30 May 2014 on Consumer Rights).
  14. The provision of § 2(13) of the Regulations shall not apply to the provisions of § 1(4), § 4(7) and § 5(11)
    and (12) of the Regulations.

§2a Review posting policy

  1. The Seller shall enable posting of and access to opinions on Goods posted by Consumers.
  2. The Seller shall not ensure that the published opinions come from Consumers who have used or
    purchased the Goods, unless the information contained on the website of the Shop clearly indicates that the
    opinion comes from a Consumer who has used or purchased the Goods.
  3. The Seller may verify whether a given opinion comes from the Consumer who used the Goods in question
    or purchased them, in particular by checking the Consumer's purchase history archived in the Shop's IT
    system or by contacting the Consumer in at least documentary form.
  4. The Seller does not interfere with the content of the posted opinions, posting both positive and negative.
    5th Opinions are not sponsored and are not influenced by contractual relations with the Seller, unless the
    information contained on the Shop's website clearly indicates that a particular opinion is sponsored.

§3 Placing orders

  1. The Seller allows you to place Orders through the website of the Store by filling out an interactive form.
  2. To place an Order via the website of the Store, you need to add the selected Goods through the "Add to
    basket" or "Order" function, and then go to the "Cart" or "Order" and follow the further information displayed on
    the website of the Store until you click the "Order and pay" button.
  3. After placing an Order, the Buyer receives:
    1. an e-mail which is a confirmation of the Order - together with all the relevant terms and conditions of the
      Order,
    2. within 3 working days from placing the Order - information via e-mail confirming acceptance of the Order for
      execution and conclusion of the contract of sale of the Goods.
  4. The Seller provides the following payment methods:
    1. Paypall
    2. Stripe
      Detailed information on payment methods is available in the "Payments" tab on the Shop website.
  5. Buyer making payment by bank transfer should pay for the Goods together with delivery costs within 7
    days from the date of conclusion of the contract of sale, determined in accordance with § 3.3.2 of the Terms
    and Conditions. After this date, the Seller's offer is not binding.
    Information on costs of delivery shall be displayed on the card of each Goods, as well as in the procedure of
    submitting the Order (in the interactive form - in the summary). Delivery costs shall be added to the price of the
    Goods and shall be borne by the Buyer.

§4 Order processing

  1. The condition for the fulfilment of an Order placed by the Buyer is to provide true personal and contact
    details (enabling verification and confirmation of the Order) when filling in the interactive form.
  2. In the event that the interactive form is filled in incorrectly or insufficiently, the Seller shall make every effort
    to contact the Buyer in order to confirm the Order. If the Order cannot be confirmed within 5 days due to the
    impossibility of contacting the Buyer, the Seller's offer is not binding.
  3. The Order completion procedure is initiated in the case of Orders paid on delivery - after the Seller confirms
    the acceptance of the Order (which will take place by e-mail) or in the case of Orders paid by bank transfer /
    via electronic payment system - after the payment is credited to the Seller's account.
  4. The Seller's time to prepare the goods for shipment ranges from 24 to 72 hours and is calculated from the
    moment of confirmation by the Seller of acceptance of the Order for processing and receipt of payment from
    the Buyer (if prepayment option has been selected).
  5. Goods are usually delivered to the Buyer within 1 to 2 working days, calculated from the date of shipment
    by the Seller.
  6. In the event of any extension of the processing time of the Order, the Buyer is immediately informed by e-
    mail.
  7. If the Buyer is a Consumer, the Seller shall deliver the Goods to the Buyer, no later than thirty days from
    the date of conclusion of the contract, unless the contract provides otherwise.
  8. The proof of purchase is a receipt / invoice or VAT invoice, which the Buyer receives together with the
    Goods or in a separate shipment.
  9. the Seller carries out the delivery of the Goods through: courier company, Parcel Machines Inpost.
  10. Place of performance by the Seller is the place of receipt of the Goods (delivery address) indicated by the
    Buyer in the procedure of submitting the Order.
  11. Receiving the shipment delivered by the carrier, the Buyer is obliged to examine it (pursuant to Article 545
    § 2 of the Civil Code). If the consignment is damaged, the Seller recommends:
    • not to accept the consignment and inform the Seller about it as soon as possible
      or
    • draw up a damage protocol in the presence of the carrier and immediately inform the Seller.
      Failure to prepare the damage protocol does not mean that the consumer's right to make a complaint about
      damage caused during shipment expires; however, the protocol is helpful in the complaint procedure. The lack
      of a shipping damage protocol may make it difficult for the Consumer to pursue possible claims against the
      Seller and to determine the person responsible for the damage to the shipment. Complaints regarding damage
      caused during shipment submitted by Buyers who are not Consumers, without the damage protocol attached,
      will not be considered.

§5 Conformity of Goods with the Contract, Warranty and Guarantee

  1. The Seller shall be liable to the Buyer for the conformity of the Goods with the contract under the terms of
    the Consumer Rights Act of 30 May 2014, in particular the provisions of Chapter 5A of this Act.
  2. The Seller shall be liable to the Buyer who does not have the status of a Consumer for defects in the
    Goods (warranty), on the principles set out in the Civil Code, in particular the provisions of Article 556 and
    Articles 5561-5563 of the Civil Code.
  3. The Buyer shall have the right to lodge a complaint under the warranty or non-compliance of the Goods
    with the contract.
  4. The complaint may be lodged by e-mail (karp@tandembaits.com), by telephone at 71 397-03-90 and 71
    397-03-99 or in writing by letter to the address of the Seller.
  5. When submitting a complaint, the Seller recommends that the contact details of the Buyer, the Order
    number, a detailed description of the reasons for the complaint and claims against the Seller, as well as
    attaching a sales document or its photocopy.
  6. Complaints submitted by the Buyer who does not have the status of a Consumer, without a sales document
    attached, will not be considered.
  7. In case of the need to complete any deficiencies in the complaint - the Seller shall immediately contact the
    Buyer in the manner specified in § 2 paragraph 4 of the Regulations.
  8. The Consumer shall make the Goods subject to repair or replacement available to the Seller; the Seller
    shall collect the Goods from the Consumer at his own expense (applies to Goods purchased from 1 January
    2023).
  9. A Buyer who does not have the status of a Consumer and who exercises warranty rights shall be obliged to
    deliver the defective item to the Seller.
  10. The Seller shall respond to the Consumer's complaint within 14 days of its receipt.
  11. The Seller agrees to resolve disputes with the Consumer out of court. The Consumer may turn to the
    Permanent Consumer Arbitration Court at the Voivodship Inspectorate of Trade Inspection in Wrocław, ul.
    Ofiar Oświęcimskich 15A, 50-069 Wrocław with the intention of resolving the dispute amicably.
  12. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013
    on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and
    Directive 2009/22/EC (Regulation on ODR in consumer disputes), a tool for the out-of-court resolution of
    disputes concerning contractual obligations arising from online sales contracts or service contracts concluded
    between consumers residing in the European Union and businesses established in the EU is the ODR
    platform (Online Dispute Resolution). It is available at http://ec.europa.eu/consumers/odr. The resolution of
    disputes by this method is free of charge and voluntary.
  13. The Consumer may exercise rights for non-conformity of the Goods with the contract independently of the
    rights under the guarantee.
  14. The Consumer's rights of non-conformity of the Goods with the contract shall not limit his/her rights under
    the guarantee provided by the guarantor - on the terms indicated in the guarantee declaration, if such
    declaration is made.
  15. The method of implementation of the guarantee is determined by the Guarantor in the guarantee
    statement.

§6 Withdrawal from the contract

  1. The Consumer may withdraw from the contract of sale of the Goods purchased from the Seller without
    giving any reason, making an appropriate statement within fourteen days, counting from the date of delivery of
    the Goods (i.e. from the date of taking possession of the Goods by the Consumer or a third person indicated
    by him/her, other than the carrier). It is sufficient to send the declaration before the expiry of this deadline.
  2. When withdrawing from the contract of sale of the Goods, the Consumer may use the model statement
    found here, but it is not obligatory. (link do odstąpinie od umowy)
  3. The right of withdrawal from a contract concluded at a distance shall not be granted to the Consumer in
    respect of contracts:
    1. in which the object of the performance is a non-refabricated thing, produced according to the consumer's
      specifications or serving to satisfy his/her individualised needs;
    2. in which the object of performance is an item supplied in sealed packaging which cannot be returned after
      opening for health or hygiene reasons, if the packaging has been opened after delivery;
    3. in which the subject of the performance are things which, after delivery, by their nature, become inseparable
      from other things.
    4. In the event of withdrawal from the contract, the Consumer shall be obliged to return the Goods
      immediately, but no later than 14 days from the day on which he or she has withdrawn from the contract.
    5. The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond
      what is necessary to ascertain the nature, characteristics and functioning of the Goods.
    6. In the event of withdrawal from the contract, the Seller shall reimburse all payments received from the
      Consumer, including the costs of delivering the Goods to the Consumer (with the exception of additional costs
      resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of
      delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the
      Seller was informed of the exercise of the Consumer's right to withdraw from the contract.
    7. Reimbursement shall be made using the same means of payment as was used by the Consumer in the
      original transaction, unless the Consumer has agreed otherwise. In the case of cash on delivery, the payment
      shall be refunded by transfer to the bank account indicated by the Consumer, which shall not incur any costs
      for the Consumer.
    8. The Seller may withhold reimbursement until it has received the Goods or until it has provided the Seller
      with proof of their return, whichever event occurs first.
    9. The Consumer shall bear the direct costs of returning the Goods - in accordance with the price list of the
      carrier by means of which the Consumer delivers the returned Goods to the Seller, i.e. the Consumer sends
      the Goods back to the Seller at their own expense, which is not refundable.
    10. A Buyer who does not have the status of a Consumer is not entitled to withdraw from the contract within
      fourteen days. With regard to such Buyers, the rules and deadlines for withdrawal from the contract are
      governed by the provisions of the Civil Code.

§7 Personal data and privacy protection

Information on the protection of personal data and privacy can be found in the "Privacy Policy".

§8 Final provisions

  1. In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply,
    including in particular the provisions of the Civil Code and the Act of 30 May 2014 on Consumer Rights.
  2. The Terms and Conditions do not exclude or limit any rights of the Consumer that he/she is entitled to
    under the mandatory provisions of the law. In the event of a contradiction between the provisions of the
    Regulations and the mandatory provisions of the law granting rights to Consumers, the provisions shall prevail.
    Contractual provisions less favourable to the Consumer than the provisions of the Consumer Rights Act shall
    be invalid and the provisions of that Act shall apply instead.
  3. The content of the concluded agreement shall be recorded, secured and made available to the Buyer by:
    1. making the Regulations available on the principles specified in § 8 section 3 of the Regulations,
    2. sending an e-mail to the Buyer,
    3. attaching a proof of purchase to parcels.

 

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