WEBSHOP REGULATIONS

Tarpak Spółka z ograniczoną odpowiedzialnością spółka komandytowa

1. Introduction

  1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") set out the terms and conditions for the provision of services and sale of goods by TARPAK Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with its registered office in Poznań, registered in the register of entrepreneurs of the National Court Register maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000791390, holding NIP:7792506953 and REGON: 383699055, tel. + 48 600 058 259, e-mail: office@tarpak.pl (hereinafter: "TARPAK") for the benefit of businesses and consumers to the extent that it provides customers with comprehensive services and goods in accordance with the service and goods descriptions shown on the TARPAK website.
  2. For the purpose of performing the aforementioned services and selling goods, TARPAK shall make it possible for consumers and companies to order services and purchase goods via the TARPAK Webshop using electronic means of distance communication (i.e. the Internet).
  3. TARPAK's online shop is designed to be operated with fully installed Mozilla Firefox version 40.0.3 or higher and Microsoft Internet Explorer version 9.0 or higher on an IBM PC-compatible computer running a Windows or Linux operating system with Internet access. The online shop is suitable for viewing at a screen resolution of 1024 x 768 points, with Cookies and Javascript enabled in the web browser.
  4. The place of performance of TARPAK, in the case of an order placed by a Customer under these Terms and Conditions, shall be the place where the ordered goods were delivered or the place where the service ordered by the Customer was performed.
  5. With regard to the provision of services by electronic means, these Regulations are Regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144 item 1204 as amended).
  6. The customer may at any time access the current version of these Terms and Conditions under the "Terms and Conditions" tab on the website tarpak.pl/regulations
  7. Complaining about the purchased goods (service) and withdrawing from the contract by the Customer requires the submission of relevant statements by e-mail to the address: office@tarpak.pl (under the conditions indicated in the content of these Regulations).
  8. Goods sent in connection with a withdrawal from the concluded contract, as well as in connection with a complaint about goods, may not be sent by cash on delivery.

2. DEFINITIONS INTRODUCED FOR THE PURPOSES OF THE RULES OF PROCEDURE

  1. TARPAK - Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with its registered office in Poznań, ul. Wołowska 92A/313, 60-166 Poznań, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register under number KRS: 0000791390, NIP:7792506953, REGON: 383699055, tel: office@tarpak.pl also referred to as the "Seller".
  2. Consumer - a natural person making a legal transaction not directly related to his/her economic or professional activity.
  3. Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person, conducting a business or professional activity in its own name.
  4. Customer - a consumer or a business entity purchasing a service or goods sold by TARPAK through the TARPAK Webshop, also referred to as the "buyer".
  5. Order - the order for delivery of goods sold by TARPAK against payment, together with the order for transfer of ownership to the Customer, as well as the order for the provision of services by TARPAK to the ordering Customer.
  6. Goods - items purchased by the Customer from the TARPAK Webshop.
  7. TARPAK Webshop - the online service at the following address https://tarpak.pl/sklep/ (hereinafter also referred to as the "Online Shop" ) enabling orders to be placed by TARPAK customers.
  8. Pricelist - the list of services provided by TARPAK to its customers, including the fees payable for their provision.
  9. Carrier - the Driver / person carrying out the Service of delivering the Goods.
  10. ZES - Customer Order. A document containing the necessary data of the Customer (personal data, shipping data, purchased Goods, sale price of the Goods or Service) needed to complete the concluded transaction of purchase of the Goods/Service in accordance with these Terms and Conditions.
  11. Waybill or WZ - the document accompanying the Goods in transit on which the Customer acknowledges receipt of the Goods.
  12. Business day - the day of the week from Monday to Friday.

3. SCOPE OF SERVICES

  1. The performance of services and the sale of goods by TARPAK shall take place in the Republic of Poland.
  2. The contract constituting the basis for the transfer of ownership of items sold through the TARPAK Webshop may be concluded in Polish or English.

4. INFORMATION ON GOODS AND PRICES

  1. All information about the goods, in particular catalogues, brochures and other information and advertising material provided on the website https://tarpak.pl/Information that does not contain information on the price of a product or service does not constitute an offer within the meaning of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended). Such information constitutes an invitation to the conclusion of an agreement by potential customers of TARPAK, to whom TARPAK shall submit an offer after the exact specifications of the respective goods or services have been made available to TARPAK.
  2. The colours of the images of the goods displayed on the monitor may differ slightly from the actual colours, which is significantly influenced by the calibration and type of monitor used by the customer.
  3. The prices of the goods are shown next to the description of the goods. All prices of goods include VAT and are gross prices.

5. THE METHOD OF ORDERING AND COLLECTING THE GOODS

  1. In order to make purchases in the TARPAK Online Shop, it is necessary to register the necessary customer data to set up an account and carry out transactions.
  2. During the registration process, the Customer confirms that he/she is familiar with these Terms and Conditions by ticking the square placed next to the content of the Terms and Conditions. This means acceptance of the Terms and Conditions and consent to the processing of the Customer's personal data under the terms of these Terms and Conditions.
  3. Registration is carried out by completing and accepting the registration form, available on the website at tarpak.pl/shop/mojekonto
  4. The contract between the Seller and the Customer is concluded at the moment when the Customer successfully approves the transaction via the Order form on the Online Shop tab and the confirmation of the conclusion of the contract (ZES document) is sent to the Customer's e-mail address.
  5. Payment for the Goods and the cost of shipping the goods shall be made in advance by transfer via the PayU.pl system available in the TARPAK Online Shop.
  6. TARPAK does not allow for personal collection of ordered goods.
  7. Cash on delivery is only possible for selected Goods, as indicated in the content of the description of the respective Goods.
  8. TARPAK shall deliver the ordered Goods in its own transport or via a transport service provider.
  9. The Seller reserves the possibility of shipping within one order via two different third parties, on the understanding that each item of Goods consisting of several parcels will always be delivered via one third party within one shipment.
  10. The time limit for the fulfilment of the order is calculated from the date on which the Customer's payment is credited by the Seller.
  11. The delivery time for each item is indicated in the description of the respective item. If no delivery date is indicated in the description of the relevant Goods, the delivery date for the relevant Goods shall be determined individually between TARPAK and the Customer, who contacts TARPAK by e-mail sent to office@tarpak.pl and requests a delivery date for the relevant Goods. In most cases (the calculation is non-binding) the delivery date of the Goods:
    • for finished products (indicated in the catalogue as spare parts) is 7 to 14 working days from the date the payment is credited by the Seller.
    • for orders of controllers, vibrating base, bowls, CNC machining is between 7 and 30 working days from the date of booking the payment for the order.
    • In the case of an order for parts made by the Seller according to the Buyer's individual specifications (hereinafter: Individual Order), the dispatch time for the Goods is agreed with the Buyer in each case.
    • In the case of the purchase of Goods that are packaging machines, it is between 60 and 120 working days from the date of the Seller's crediting of the payment due.
  12. In the course of the performance of the Service, the Seller shall, at the request of the Customer, inform the Customer of the planned date of delivery of the Goods.
  13. The customer is responsible for verifying the dimensions of the purchased products to ensure that they can be brought and/or installed at their destination, before placing the order.

6. THE COST OF SHIPPING THE GOODS

  1. The cost of delivery depends on the size of the Goods ordered and is indicated in the description of the Goods.
  2. The cost of shipping packaging machines is determined on a case-by-case basis.

7. RECEIPT OF GOODS

  1. The customer is obliged to check the delivered consignment in the manner usual for consignments of a certain type.
  2. In the event of any damage to the consignment, it is necessary to inform the seller immediately of any irregularities resulting from faulty delivery.
  3. In the event that a consignment is damaged in transit, the Customer, in order to pursue claims arising from the improperly executed carriage of the consignment, should (in accordance with the contents of the Act of 15 November 1984 Transport Law [Journal of Laws 1984 No. 53, item 272 as amended]):
    • request a damage report from the carrier (unless the report is made on the carrier's initiative), the damage report must be signed by both the customer and the carrier, and the date of the damage report must be the same as the date of receipt of the shipment;
    • in the absence of the customer, the carrier should make the arrangements (necessary for the drawing up of the record) in the presence of persons invited by him to do so;
    • if, after the handing over of the consignment, damage or defect which is not apparent from the outside is discovered, the carrier shall ascertain the condition of the consignment upon request made immediately after the discovery of the damage, but no later than 7 days from the day of taking over of the consignment.
    • the protocol shall be signed by persons taking part in ascertaining the condition of the consignment; if the consignee does not agree with the content of the protocol, he may include an objection with justification; if the entitled person refuses to sign the protocol, the carrier shall state this fact and the reasons for refusal in the protocol; the entitled person shall receive a copy of the protocol free of charge;
    • if the report findings, taken at the request of the entitled person, do not prove damage to the consignment or prove only damage already established by the carrier, the entitled person shall bear the charges specified in the tariff;
    • in the event of difficulty in ascertaining the particulars as to the time, nature, extent or cause of the damage, such particulars shall be determined by an expert appointed by the carrier in consultation with the person entitled;
  4. Claims may be asserted in court on the basis of the Act of 15 November 1984 Transport Law (Journal of Laws 1984 No. 53, item 272 as amended) or regulations issued in pursuance thereof by the entitled party after the complaint procedure has been exhausted without success.
  5. Upon receipt by the Customer of the damage report completed and signed (in accordance with the aforementioned rules), the Customer should send a scan of this document to the e-mail address office@tarpak.pl, it is also recommended to take photographs of the damage to the parcel and send them to the aforementioned e-mail address.
  6. If you receive a damaged parcel and wish to return it, you must properly secure the Goods to protect them from possible further damage or destruction.
  7. The non-exercise by the Customer of its rights under the Shipping Law is not a prerequisite for the processing of a customer complaint by TARPAK.
  8. The customer, in order to collect the purchased Goods, must present the ZES document that he or she received electronically via email.
  9. The Customer's signature on the consignment note or the delivery note is tantamount to an acknowledgement of the conformity of the delivered Goods with the Order made by the Customer.
  10. The Customer shall pay the Seller the costs of taking the Goods to TARPAK each time after an unsuccessful attempt to deliver the Goods to the Customer in the event that the reasons for non-delivery of the Goods are due to the Customer's circumstances.

8. RETURN / WITHDRAWAL FROM THE CONTRACT

  1. The seller allows consumers to withdraw from this contract within 14 days without giving any reason.
  2. The withdrawal period shall expire 14 days after the Goods have been delivered to the shipping address indicated by the Buyer.
  3. In order to exercise your right of withdrawal, you must inform TARPAK by e-mail: office@tarpak.pl of his or her decision to withdraw from this contract by means of an unequivocal statement.
  4. It is recommended to use the model withdrawal form, but this is not obligatory.
    • You may also complete and submit a withdrawal form or any other unequivocal statement electronically. All forms are annexes to these Terms and Conditions.
    • If you make use of this option, we will immediately send you an acknowledgement of receipt of your notice of withdrawal (for example, a letter sent by post, fax or e-mail).
  5. In order to comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
  6. Pursuant to Article 34(4) of the Consumer Rights Act, the consumer is liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain its nature, characteristics and functioning.
  7. The seller stipulates that returns only apply to finished products, i.e. products available in the catalogue, i.e. spare parts, vibrating machines and bowls, controllers, CNC machining. Goods that are made to an individual customer's order are not subject to return - cancellation.
  8. In the event of withdrawal from this contract, we shall refund all payments received from you, however, the buyer shall bear the cost of returning the goods, i.e. the cost of returning the purchased goods to the Seller. Immediately, and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract.
  9. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise. You will not incur any charges in connection with this refund.
  10. The Seller reserves the right to withhold reimbursement of the payment received from the Buyer until it has received the Goods back or the Buyer has provided proof of return, whichever event occurs first. Please provide us with proof of return of the Goods by sending the indicated proof to the email address: office@tarpak.pl
  11. We will refund your payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise. Payment for your order will be refunded to your account within 14 days of receipt of the return.
  12. If you exercise your right of withdrawal, you shall only be liable for any diminution in the value of the item resulting from your use of the item other than what was necessary to establish the nature, characteristics and functioning of the item.
  13. In the event that the Goods are returned damaged or show signs of wear and tear beyond the limits of normal use, TARPAK may charge the Customer compensation for the cost of the damage or wear and tear to the Goods. The amount of this compensation may be offset against the amount of the sales price to be refunded to the Customer.
  14. The consumer's right of withdrawal is excluded for contracts:
    • for the provision of services where the trader has supplied the service in full with the express agreement of the consumer who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service;
    • in which the object of the performance is a non-refabricated item produced to the consumer's specifications or intended to meet the consumer's individual needs;
    • in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
    • where the consumer has expressly requested that the trader come to them to carry out urgent repairs or maintenance.
  15. The buyer may not withdraw from the contract if the defect is immaterial.

9. COMPLAINTS (SELLER'S LIABILITY UNDER WARRANTY)

  1. The Seller shall be liable to the Customer for physical and legal defects of the Goods sold (Services) under the terms of the Civil Code, as well as the Consumer Rights Act.
  2. If the Goods sold have defects or are incomplete, the Customer has the right to lodge a complaint with the Seller. Defects resulting from improper use of the Goods by the Customer are not subject to complaint. The Customer has the right to lodge a complaint also in the case of a defectively performed Service.
  3. The customer submits a complaint by completing and sending on time (to the email address of the office@tarpak.pl )of the Seller a complaint form. The specimen complaint form is included in the content of Attachment No. 2 to these Terms and Conditions.
  4. In order to consider a complaint, it is necessary to correctly fill in all fields of the complaint form. It is also necessary to enclose a scan or a copy of the receipt (invoice) documenting the purchase transaction of the faulty Goods (Services).
  5. The completed form (or data which can be justified by the content of the complaint form) together with a copy of the receipt (invoice) and photos of the damaged Goods should be sent to the Seller at the following e-mail address office@tarpak.pl
  6. The time limit for processing a complaint is 14 days from the date of receipt by the Seller of a correctly completed complaint form together with a scan (copy) of the receipt (invoice). The response to the complaint is sent by e-mail to the e-mail address provided by the Customer.
  7. If the sold thing has a defect or is incomplete, the Buyer may make a declaration to reduce the price or withdraw from the agreement, unless the Seller immediately and without undue inconvenience for the Buyer replaces the defective thing with a defect-free one or removes the defect. This limitation shall not apply if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
  8. If the buyer is a Consumer, he/she may, instead of the defect rectification proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement of the item, demand the defect to be rectified, unless bringing the item to conformity with the agreement in the manner chosen by the buyer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found and the inconvenience to which other means of satisfaction would expose the buyer shall be taken into account.
  9. The reduced price should be in such proportion to the contract price as the value of the thing with the defect bears to the value of the thing without the defect.
  10. The seller shall be liable under the warranty if the physical defect is discovered before the expiry of two years from the date of delivery of the item to the customer.
  11. The period of limitation for a claim for rectification of a defect or replacement with a defect-free item shall expire one year from the date on which the defect was detected. If the buyer is a consumer, the limitation period cannot end before the expiry of two years from the date on which the item was handed over to the buyer.
  12. Within the time limits specified in paragraph 11 above, the buyer may submit a declaration to withdraw from the contract or reduce the price due to a defect in the thing sold. If the buyer has demanded that the item be replaced with a defect-free one or that the defect be removed, the time limit for submitting a declaration on withdrawal from the contract or price reduction shall commence upon the ineffective expiry of the time limit for replacing the item or removing the defect.
  13. If one of the warranty rights is asserted before a court of law or an arbitration tribunal, the time limit for the exercise of other rights to which the buyer is entitled on this account shall be suspended until the proceedings have become final.
  14. The provisions of these Terms and Conditions indicated in the content of section 13 above shall apply mutatis mutandis to mediation proceedings, whereby the time limit for exercising other warranty rights vested in the buyer shall commence as from the date of the court's refusal to approve a settlement reached before mediation or the ineffective termination of mediation.
  15. If, of the items sold, only some are defective and are separable from the defect-free items, without detriment to both parties, the buyer's right of withdrawal is limited to the defective items.
  16. The Purchaser, against whom a third party asserts claims concerning the sold item, is obliged to immediately notify the Seller and invite him to participate in the case. If he failed to do so and the third party obtained a decision favourable to him, the Seller shall be released from liability under warranty for a legal defect to the extent that his participation in the proceedings was necessary to prove that the claims of the third party were wholly or partially unfounded.
  17. In the case of sales between traders, the buyer loses his warranty rights if he has not examined the goods in the time and manner usual for goods of this type and has not immediately notified the Seller of the defect, or, if the defect only became apparent later, if he has not notified the Seller immediately after discovering it.
  18. Sending notice of the defect before the expiry of this period shall be sufficient to comply with the above deadline.
  19. If the complaint is accepted, the Buyer undertakes to pay the cost of delivery of the Goods complained of.

10. COPYRIGHT PROTECTION

  1. The sole copyright holder for the content of the website operated under the domain tarpak.co.uk is TARPAK.
  2. All personal and property copyrights to any On-line Shop elements (text, graphics, page layout, etc.) are reserved. The website and all its elements are protected by law, in particular by the Act of 4 February 1994 on copyright and related rights (consolidated text Dz.U.00.80.904 as amended) and the Act of 16 April 1993 on combating unfair competition (Dz.U.93.47.211 as amended).
  3. Designation https://tarpak.pl/ and other trademarks used on the website are trademarks protected by the provisions of the Act of 30 June 2000. Industrial Property Law (Dz.U. 01.49.508 as amended) and the Act on Combating Unfair Competition of 16 April 1993 (Dz.U.93.47.211 as amended).

11. OTHER PROVISIONS

  1. Tarpak is entitled to make changes to these Terms and Conditions. The amended Terms and Conditions will be made available on the following website www.tarpak.pl/regulamin. The amendment of the Terms and Conditions will not affect the rights and obligations of the Customer and the Seller obtained by the indicated entities before the amendments to the Terms and Conditions became effective.
  2. These Regulations shall enter into force on 1 June 2020.

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