Business conditions

I. GENERAL PROVISIONS

These general terms and conditions (hereinafter referred to as "GTC") govern the legal relationship between the parties to sales agreements concluded between PATRYCJA MILIC, conducting business activity under the name P.H.U KAPITAŁ PATRYCJA MILIC, entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economic affairs, with its registered office and service address at ul. Wojska Polskiego 20, 41-400 Mysłowice, NIP 6342286043, REGON 277563151, being the official distributor of tianDe brand products in the Republic of Poland as the "Seller" and the "Buyer" on the other hand.

The Buyer is a consumer or entrepreneur who has registered on the website located at www.tiande.eu (hereinafter referred to as the "Website" or "E-shop") and who has been assigned a registration number.

A consumer is any natural person who concludes an agreement with the Seller that is not directly related to his or her business or professional activity or negotiates with the Seller in another form.
 

The entrepreneur is:

I) anyone who, in their own name and on their own account, conducts business or similar activities generating profit, i.e. anyone whose goal is to systematically obtain profit.

II) for the purpose of protecting the interests of consumers, any person who concludes a contract relating to his own economic, industrial or similar activity or relating to a professional activity performed on his own behalf, as well as any person acting on behalf of the entrepreneur, is also considered to be an entrepreneur;

III) a legal person registered in the National Court Register;

IV) a person holding a business license or other permit to conduct regulated business activity.

In other matters not regulated in the GTC, the legal relationship between the Seller and the Buyer is governed by the provisions of the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended), for sales agreements concluded from 25 December 2014 with Buyers who are consumers - the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended) and other provisions of generally applicable law. The Seller may change or supplement the content of the GTC. This provision does not violate the rights and obligations that arose during the period of validity of the previous version of the GTC.

By placing an order, the Buyer confirms that he/she has read the GTC, an integral part of which are the activities preceding the conclusion of the contract, return conditions, delivery and payment conditions, and that the Buyer agrees to the conditions described in the GTC in the wording applicable on the date of placing the order.

The Buyer acknowledges that the agreement concluded with the Seller does not constitute a legal basis for the use of the trademark, trade names, company logos or consumer images, etc., owned by the Seller or its subcontractors, unless a separate agreement provides otherwise.

II. ACTIVITIES PRECEDING THE CONCLUSION OF THE SALES AGREEMENT

The Seller informs the Buyer who is a consumer that:

a) the costs of calls do not differ from the base rates (in the case of internet connections and telephone calls, the costs are in accordance with the terms and conditions of the service operator used by the Buyer. The Seller does not charge any additional fees, this does not apply to deliveries, for example);

b) payment of the price for the purchased goods is required before the Buyer receives the order. Any obligation of the Buyer to pay a deposit or similar charges may result from the Buyer ordering the performance of non-standard services, in the event that the Buyer has ordered such services and the Seller can perform them.

c) the seller does not enter into periodic contracts for the provision of services. If he acts as an intermediary in such contracts, the service provider shall set the minimum duration of the contract during which it shall be binding on the parties, provide information on the price or the method of determining the price for a given settlement period, which always lasts one month if the price does not change;

d) the prices of goods and services on the Seller's Website include VAT, and include all fees provided for by law. The price given on the Website will be increased by the cost of delivery of the goods or services, which varies depending on the selected carrier, delivery method and payment method.

e) if the Buyer is a consumer, they have the right to withdraw from the contract (unless otherwise specified below) within fourteen days. The period shall begin on the following day:

i) the day of delivery of the goods in the case of a sales contract;

ii) the day of delivery of the last shipment in the case of a contract covering several types of goods or the delivery of several parts, or

iii) the day of delivery of the first shipment containing goods in the case of a periodic contract for the delivery of goods

The declaration of withdrawal from the contract should be sent to the address of the Seller's registered office indicated in the General Provisions of the GTC

f) The consumer has no right to withdraw from the contract: i. Sale of goods whose price depends on fluctuations in the financial markets, beyond the Seller's control, which may occur before the expiry of the period for withdrawal from the contract. ii. Sale of goods that were manufactured according to the consumer's specifications or are intended to meet their individual needs. iii. Sale of goods with a short shelf life, as well as goods that, due to their nature, are inseparably connected with other items after delivery. iv. Sale of goods in a sealed package that cannot be returned after opening for health or hygiene reasons.

v) sale of newspapers, periodicals or magazines.

g) in the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods and, in the event of concluding the contract using means of distance communication, also the additional costs of returning the goods if the goods cannot be returned by ordinary post due to their nature;

h) the contract or tax document is stored in the Seller's archive kept in electronic form. Registered users have access to these documents in their profile;

i) in order to file a complaint, the consumer may contact the Seller, the supervisory authority or the State supervision authority. Information on the procedure for out-of-court resolution of consumer disputes is described in Chapter XI of the General Terms and Conditions.

III. SALES AGREEMENT

Goods displayed in the Online Store constitute an offer to conclude a sales agreement, except for situations in which the stock of Goods has been exhausted or the Seller has lost the ability to meet its obligations. The Buyer may conclude a sales agreement by accepting the offer in the E-shop run by the Seller by placing selected products in the basket. The Seller must accept the Buyer's order. The sales agreement is deemed to have been concluded at the moment the Seller sends an electronic confirmation of the order to the Buyer's e-mail address. The Seller will provide the Buyer with the text of the GTC in a message containing acceptance of the placed order. The order form contains at least:

 i. Indication of the goods ordered;

 ii. Specification of the form of payment for the order, information on the method of delivery of the order;

iii. Information about the costs associated with the delivery of goods.

Before final confirmation of the order, the Buyer may change the order, delivery method, payment method and correct all data entered when placing the order. The Seller is not responsible for any errors that occurred during data transmission. The data provided by the Buyer in the order is considered correct. The Seller may, at its own discretion, due to the nature of the order (quantity of goods, order price, transport costs), ask the Buyer for additional confirmation of the order. Information on technical activities leading to the conclusion of the sales contract is described in the GTC.

The concluded agreement may be changed or the concluded agreement may be withdrawn from only by mutual agreement of the parties or pursuant to the provisions of generally applicable law. Any disputes arising in connection with the performance of the sales agreements concluded with the Seller shall be resolved pursuant to Polish law.

The sales agreement is drawn up in Polish. In the event of a translation of the content of the agreement by the Buyer and a dispute over the interpretation of the provisions of the agreement, the Polish version shall prevail.

Under the sales agreement, the Seller undertakes to hand over the goods that are the subject of the order to the Buyer and transfer the ownership rights to these goods to the Buyer, while the Buyer undertakes to accept the purchased goods and pay the agreed price for them.

The ownership right to the goods passes from the Seller to the Buyer after the Buyer pays the price of the goods set in the sales contract in full. The Seller is obliged to hand over the purchased goods and the related documentation. The Seller is considered to have fulfilled the obligation to deliver the goods to the Buyer if he has prepared the goods for collection at the agreed collection point and has notified the Buyer of this fact in due time. If the Seller is obliged to send the goods by parcel to the Buyer, who is an entrepreneur, then he will hand over the goods to the first carrier for delivery to the Buyer and will enable the Buyer to assert the right arising from the delivery agreement in relation to the carrier. The Seller will hand over the goods to the Buyer, who is a consumer, immediately after receiving them from the carrier. The Seller will hand over the purchased goods to the Buyer in the agreed quantity, quality and form. If the Buyer has not specified the method of packaging the goods, the Seller will pack the goods in a standard manner, unless special measures are required for the safety and protection of the goods. This provision also applies to determining the method of preparing the goods for transport by the Seller. Goods are considered defective if they do not have the agreed properties. The delivery of another product and errors in the documentation specifying how to use the product are also considered defective goods.

The Buyer is entitled to file a complaint about defective goods even after the risk of damage to the goods has passed to the Buyer. This right includes defects in the goods resulting from the Seller's breach of its obligations.

The Buyer shall inspect the goods and verify their quality and quantity immediately after the risk of damage to the goods has passed to him. The risk of damage to the goods passes to the Buyer upon receipt of the goods.

Damage to the goods occurring after the risk of damage has passed to the Buyer shall be irrelevant to the Buyer's obligation to pay the agreed price for the goods, unless the damage is the result of a breach of obligations by the Seller.

Delay in receiving the goods entitles the other party, after notifying the party in default of such intention and setting an appropriate additional deadline for receiving the goods, to sell the goods to another Buyer. This provision shall apply accordingly to delays in payment for the goods, as payment is a condition for transferring the goods.

IV. PRICE OF GOODS AND PAYMENT TERMS

All prices are contractual prices. The prices given in the E-shop are current and non-negotiable, they include VAT and other taxes and fees that the Buyer must pay in order to purchase the goods. This does not apply to the costs of delivery of the goods and communication costs.

Special prices are valid for the duration of the promotion or for another pre-defined period. The Buyer can pay the price of the purchased goods together with the costs associated with the delivery of the goods in the following way:

i. In cash or by payment card at the Seller's registered office.

 ii. By MasterCard or Visa card through the online payment system on the Seller's Website

iii. By bank transfer based on a VAT invoice with a specified payment deadline (available only to entrepreneurs after meeting certain conditions).

To process online payments, the Merchant works with Dotpay sp. z o.o. with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Sródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000700791, with the Tax Identification Number (NIP): 6342661860 and the National Business Registry Number (REGON): 240770255, with the share capital of PLN 4,000,000.00, the paid-up capital of PLN 4,000,000.00, with the consent to operate an authorization and settlement system based on the consent of the President of the National Bank of Poland dated September 29, 2008, No. 3/2008, and with the consent to conduct business as a National Payment Institution issued by the Polish Financial Supervision Authority on September 3, 2013, entry number in the register: IP14/2013, registered in the register of payment service providers available at https://erup.knf.gov.pl/View/, under number IP14/2013

The buyer will receive information about the payment made from the external service provider mentioned above. The seller will ship the goods immediately after receiving confirmation of payment.

In order to ensure the security of online payments made by credit cards, all payment information is encrypted. The seller cooperates with authorized payment service providers. Credit card information is processed in accordance with the data security standards applicable to international payment cards.Poufne informacje, które Kupujący wprowadza do systemu bankowości internetowej banku, są chronione przez system bezpieczeństwa banku i nie są przekazywane osobom trzecim. Dostawcy usług płatności online otrzymują tylko informacje o transakcji, które im przekazuje bank wraz z samą transakcją. 

The Seller is obliged to issue a VAT invoice for each payment made in accordance with the sales agreement. The Seller is a VAT payer. After receiving payment for the goods, the Seller sends the Buyer a VAT invoice to the Buyer's e-mail address or provides it in paper form during the purchase made at the Seller's headquarters.

The goods remain the property of the Seller until the Buyer pays the price in full, but the risk of damage to the goods passes to the Buyer upon receipt of the goods.

In the case of cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the price should be paid within 7 days from the date of conclusion of the sales contract, unless otherwise specified in the contract.

In the case of non-cash payment, the Buyer must pay the price of the goods and indicate the variable payment symbol (order number). In the case of non-cash payment, it is considered that the Buyer has fulfilled his obligation to pay the price of the goods at the time of posting the appropriate amount to the Seller's account.

The Seller has the right to demand payment of the price of the goods in full before sending the goods to the Buyer.

V. RETURN OF GOODS

The provisions of this chapter apply only to contracts concluded between the Seller and the Buyer who is a consumer. In other cases, the provisions of the Civil Code shall apply (in particular Articles 556-576 of the Civil Code of the Republic of Poland).

Faulty goods

The Seller should ensure that the item is free from defects at the time of its delivery to the consumer, in particular the Seller ensures that at the time of delivery to the consumer:

i. The goods have the properties agreed by the parties and, in the absence of such agreements, the properties indicated by the Seller or manufacturer or which the Buyer expects, taking into account the nature of the goods and based on the advertisement;

ii. The goods are fit for the purpose for which they are sold or are fit for the purpose for which such goods are normally used;

 iii. The quality of the goods corresponds to the agreed sample or model, if the quality is established in accordance with a sample or model;

iv. The goods are in the appropriate quantity and weight;

v. The goods comply with legal requirements.

The Seller is not liable for defects resulting from:

i. Mechanical damage to the goods;

ii. Using the goods in inappropriate conditions due to temperature, dust, humidity, chemical and mechanical influences of the environment directly indicated by the Seller or manufacturer; iii. Carrying out repairs by unauthorized entities or introducing changes to parameters;

iv. Changes to the goods if the defect was caused by such change;

v. Damage caused by a natural disaster or force majeure.

Consumer rights resulting from a product defect

If the goods do not have the above-mentioned properties, the consumer may request delivery of a new product free from defects. If the defect covers only part of the goods, the consumer may request replacement of the part; if this is not possible, he has the right to withdraw from the contract. If the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.

The consumer has the right to receive a new product or a replacement part in the event of a removable defect. If the product cannot be used properly due to a repeated defect after repair or in the event of a greater number of defects, the consumer has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replace parts or repair the goods, he may request a discount proportional to the defect. The consumer is also entitled to a proportional discount if the Seller cannot deliver new goods without defects, repair the goods, and also if the Seller did not remove the defect in the goods within the appropriate time and the consequence of not removing the defect in the goods could be the experience of significant difficulties by the consumer.

The Buyer has no right to make claims if he or she knew about the defect of the item before it was handed over, or if he or she caused the defect to arise.

If the goods have a defect for which the Seller is responsible, if the goods are sold at a reduced price or are used goods, in place of the right to exchange the goods for goods free from defects, the Buyer has the right to demand a proportional discount.

The basis and scope of the Seller's liability towards the Buyer in the event that the sold goods have a physical or legal defect (warranty) are determined by the provisions of generally applicable law, in particular the provisions of Articles 556-576 of the Civil Code of the Republic of Poland.

Deadlines

The consumer has the right to demand the removal of a defect that is revealed within twenty-four months from the date of receipt of the goods. If the defect is revealed within six months from the date of receipt, the goods are considered to have been defective at the time of receipt. If, during the sale of the goods, on its packaging, in the instructions attached to the goods or in the advertisement, on the basis of separate regulations, a period is indicated in which the goods can be used, the Seller declares that during this period the goods will be suitable for normal use or will retain their special features or properties. The same applies to the warranty period or the storage period of the product indicated on the label or in the advertisement.

Other conditions

The Seller's liability for defects does not cover wear and tear of the goods as a result of their normal use if the goods were sold at a reduced price due to existing defects, and goods used in accordance with their normal use or wear and tear that the goods had at the time of receipt by the Buyer if this results from the properties of the goods.

At the request of the Buyer, the Seller shall confirm in writing the scope and duration of his obligation to remove defects in the goods. The Seller is obliged to remove defects to the same extent as the manufacturer is obliged to do so. The Seller's confirmation shall include his name and surname, registered office address and identification data or other information necessary to establish his identity. If the properties of the goods do not prevent this in accordance with this provision, this confirmation may replace the goods purchase document containing the above information.

The consumer has the right to withdraw from the contract in all cases provided for by law. Withdrawal is effective upon receipt by the Seller of the Buyer's statement, meeting all legal conditions. In the event of withdrawal, the contract is canceled from the very beginning, and the parties are obliged to return everything that was transferred on its basis. In the event of withdrawal from the contract as a result of exercising the rights arising from liability for defects, the Buyer returns the goods that the Seller delivered to him in a proportional scope. In the event of withdrawal from the sales contract or receiving a discount on the purchase price, the funds are returned to the Buyer to the bank account provided by him.

Submitting a complaint

Complaints should be submitted to the Seller's registered office address.

The Buyer may send the defective goods via a courier company to the registered office of the Seller in order to file a complaint. The defective goods must be packed in such a way as to avoid damage during transport. The shipment must be clearly marked as "COMPLAINTS" and should contain: the defective goods, including all accessories, a copy of the proof of purchase and a detailed description of the defect together with the Buyer's contact details. Without the above information, it will be impossible to determine the source and defect of the goods.

If the Buyer exercises his right to demand removal of defects by repairing the goods, and another entrepreneur with the same registered office address and business address as the Seller is responsible for the defects of the goods, the Buyer must contact the Seller indicated in the guarantee document. This information can also be found in the document replacing the guarantee.

Consideration of the complaint, including removal of defects, should be carried out without undue delay, within 30 days from the date of filing the complaint, unless the Seller and the Buyer have agreed on a longer period. After this period, the Buyer has the same rights as in the case of material breaches of the contract.

The deadline for considering a complaint is suspended if the Seller has not received all the documents necessary for its consideration (goods, other documents, etc.). The Seller is obliged to immediately request that the Buyer submit the missing documents. The deadline for considering a complaint is suspended until the Seller receives the required documents from the Buyer.

The seller has the right to refuse to accept the goods covered by the complaint if the reported goods and/or their parts are contaminated or do not meet the basic requirements for the hygienically safe delivery of goods under the complaint procedure, unless the contamination of the goods is ordinary.

VI. TERMINATION OF THE CONTRACT

Termination of the contract by the Buyer

The buyer has the right to withdraw from the contract within fourteen days. The period is counted from the date of conclusion of the contract, namely:

a) from the date of receipt of the goods in the case of a sales contract;

b) from the receipt of the last shipment in the case of a contract covering several types of goods or the delivery of several parts, or c) from the receipt of the first shipment in the case of a periodic contract covering the regular delivery of goods.

The Buyer may submit a declaration of withdrawal from the contract by sending it to the Seller's registered office address or e-mail address tiandesilesia24@gmail.com.

When withdrawing from the contract, the Buyer should return the goods to the Seller on their own account and without undue delay, but no later than fourteen days from the date of withdrawal from the contract. The Buyer must return the goods in their entirety, together with the documentation, undamaged, clean, in the same condition as when received.

If the Buyer decides to withdraw from the contract within the period indicated above, in order to speed up the refund, it is recommended to deliver the goods to the address of the Seller with an attached letter of explanation indicating the reason for withdrawal from the contract, with a copy of the proof of purchase and the bank account number or an indication that the price paid by the Buyer should be refunded in cash.

If the Buyer withdraws from the contract, the Seller shall pay him all funds received from him under the contract without undue delay, but no later than fourteen days from the date of withdrawal.

In the event of withdrawal from the contract by the Buyer, the Seller is not obliged to return the funds received from the Buyer until the Buyer receives the goods or provides proof of sending the parcel containing the goods to the Seller's address.

In the event of withdrawal from the contract, the Buyer is also obliged to return the free goods (free goods) received from the Seller in connection with the concluded contract of sale of goods for which the Buyer paid the agreed price. The Buyer's retention of the free goods constitutes unjust enrichment. In the event that the free goods cannot be returned, the Seller is entitled to receive funds equivalent to the regular price of the free goods.

Termination of the contract in other cases

The Buyer may not withdraw from the contract or request delivery of new goods if he is unable to return the goods in the condition in which he originally received them, except for:

a. changes in the condition of the goods in connection with the examination aimed at detecting defects in the goods;

 b. if the Buyer used the goods before the defect was detected;

c. if the Buyer did not contribute to the impossibility of returning the goods in the same condition by his or her action or omission, or

d. if the Buyer sold the goods before the defect was detected, used the goods or changed them as a result of normal use; in such a case, the Buyer shall return the goods in the part that is subject to refund and shall compensate the Seller for the cost corresponding to the value of the benefits obtained from using the goods.

If the Buyer fails to inform the Seller in due time about the defect of the goods, he or she shall lose his or her right to withdraw from the contract.

Termination of the contract by the Seller

The Seller has the right to cancel the order or part of it and terminate the contract in the event of cessation of production of the goods, cessation of delivery of the goods or significant price changes from the supplier of the goods. The Seller will immediately inform the Buyer of these circumstances and agree on further actions with him. If the Buyer has already paid part or all of the purchase price, this amount will be refunded by bank transfer to the account indicated by the Buyer.

The Seller has the right not to proceed with the execution of the order if the Buyer has not paid in full for the previous order, the payment deadline for which has expired and/or if the Buyer has materially breached the agreement concluded with the Seller.

VII. SECURITY AND PERSONAL DATA PROTECTION

The information is stored on secure servers. The Administrator takes the necessary legal, organizational and technical measures to protect personal data against unauthorized access, unauthorized modification, disclosure or destruction. An agreement has been concluded between the Website Administrator and the Seller on the processing of users' personal data. The Seller declares that all personal data is confidential and will be used solely for the purpose of implementing the agreement concluded with the Buyer and for the Seller's marketing activities and will not be disclosed to third parties, except for situations related to the transfer of goods or payment for the ordered goods (information containing the name and address of delivery). The Buyer consents to the collection and processing of personal data for the purpose of implementing the concluded sales agreement and using them for marketing purposes by the Seller (including primarily sending commercial messages, telemarketing, text messages), this consent is granted until the Buyer files an objection to the processing of personal data, which should be sent to the Seller's registered office address. The objection can be filed by sending a message electronically or via the contact form on the Seller's Website. The Buyer has the right to access and update their personal data, including the right to request the deletion of data and other rights to this data. The Buyer agrees to the storage of cookies on their computer.

VIII. TERMS OF DELIVERY

In the event that the goods must be re-delivered or delivered in a different way than indicated in the order, the Buyer is obliged to cover the costs associated with the re-delivery of the goods or the costs associated with the other delivery method. The Buyer is obliged to check the condition of the shipment in the presence of the courier (number of boxes, integrity of the tape with the company logo, damage to the boxes) and its compliance with the bill of lading. The Buyer has the right to refuse to accept a shipment that does not comply with the contract, e.g. an incomplete or damaged shipment. If the shipment is damaged, the Buyer must describe the damage and fill out the carrier's return protocol. The Seller must be informed immediately about the damaged or incomplete shipment by sending a message and the attached shipment damage protocol to the Seller's e-mail address: tiandesilesia24@gmail.com or by mail to the Seller's registered office address.

IX. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES

In the event of a consumer dispute between the Seller and the Buyer- consumer, the Buyer has the right to out-of-court settlement of the dispute. The body for out-of-court settlement of disputes in accordance with consumer protection regulations is the Office of Competition and Consumer Protection (Office website address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php).

 

X. FINAL PROVISIONS

In matters not regulated in the GTC, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144 item 1204, as amended), for sales agreements concluded from 25 December 2014 with Buyers who are consumers – the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended) and other provisions of generally applicable law.

 

Seller's contact details: P.H.U KAPITAŁ PATRYCJA MILIC, entered into the Central Register and Information on Economic Activity of the Republic of Poland, kept by the minister responsible for economic affairs, with its registered office and service address at ul. Wojska Polskiego 20, 41-400 Mysłowice, NIP 6342286043, REGON 277563151 E-mail address: tiandesilesia24@gmail.com, telephone number: 605290772

These GTC enter into force on January 27, 2022. The previous version of the GTC  loses its validity in its entirety. The GTC are available at the Seller's registered office and in electronic form on the Seller's Website.