General provisions
The Online Store available at the Internet address www.tesam.pl is run by the Tesam S.C. with headquarters in Łabowa 256A, entered into business under the numbers 16410/01 and 16409/01 issued by the Mayor of Nowy Sącz, NIP: 734- 00-28-716 REGON: 490021695. e-mail tesam@tesam.pl, phone number +48 18 442 77 40.
The provisions of these Regulations are not intended to exclude or limit any rights of the Customer vested in it under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions.
Definitions
- Working day - one day from Monday to Friday, excluding public holidays.
- Registration form - a form available in the Online Store that allows you to create an Account.
- Order form - a form available in the Online Store that allows you to place an Order.
- Client - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making a purchase with the Seller directly related to its business or professional activity.
- Consumer - a natural person with full legal capacity, making at the Seller a purchase not directly related to its business or professional activity.
- Civil Code - Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- Account - an individual name (login) and password provided by the Recipient of a set of resources in the Service Provider's IT system in which the Recipient's data, including information on submitted Orders, is collected.
- Newsletter - an electronic distribution service provided by the Service Provider via e-mail, which allows all Users of the Service to automatically receive the content of subsequent editions of the newsletter containing information about new products and products in the Online Store.
- Product - a movable item available in the Online Store being the subject of a Sales Agreement between the Recipient and the Seller.
- Consumer law - the Consumer Rights Act of 30 May 2014.
- Regulations - these regulations of the Online Store.
- Online Store - Online Shop of the Service Provider available at the Internet address www.tesam.pl.
- Dealer; Service Provider - Automotive company Tesam SC (address of the place of business and correspondence address: 33-336 Łabowa 256A) entered into the Register and Information on Economic Activity, NIP: 734-00-28-716, REGON: 490021695.
- Sales Agreement - Product Sales or service agreement concluded between the Service Recipient and the Seller via the Online Store.
- Electronic service - a service provided electronically by the Service Provider to the Customer via the Website.
- Customer - both Consumer and Customer.
- Order - a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement or a Service with the Seller.
Types and scope of Electronic Services
The Service Provider provides the following Electronic Services via the Online Store:
- keeping an Account in the Online Store.
- enabling placing an Order in the Online Store by completing the Order Form.
- newsletter.
Terms of providing and concluding contracts for the provision of electronic services
The payment:
- provision of Electronic Services by the Service Provider is free of charge.
The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in maintaining an Account in the Online Store is concluded for an indefinite period.
- The contract for the provision of Electronic Services consisting of allowing placing an Order in the Online Store by completing the Order Form is concluded for a definite period of time and is terminated upon the submission of the Order.
- the contract for the provision of Electronic Service Newsletter is concluded for an indefinite period.
Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- computer, laptop or other multimedia device with Internet access.
- access to e-mail.
- Internet browser: Mozilla Firefox version 11.0 and above or Internet Explorer version 9.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher.
- recommended screen resolution: 1024x768.
- enabling Cookies and Javascript in the browser.
The Client is obliged to use the Online Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the actual state.
The recipient is prohibited from providing unlawful content.
Conditions for concluding a Sales Agreement
- Advertisements, advertisements, price lists and other information about the Products provided on the Online Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a contract, within the meaning of art. 71 of the Civil Code.
- the price of the Product displayed on the Online Store website is given in Polish zlotys and includes all components, including VAT. The prices, however, do not include any delivery and payment costs which are indicated when placing the Order.
- the price of the Product displayed on the Online Store website is binding at the time the Order is placed by the Customer. This price will not change regardless of the price changes in the Online Store, which may occur in relation to individual Products after the Customer has placed an Order.
Conclusion of the Sale Agreement using the Order Form
- in order to conclude a Sales Agreement it is necessary to submit an Order in advance by the Customer.
- placing the Order takes place after the Customer has completed two consecutive steps - 1. after completing the Order Form and 2. clicking on the Online Store website after completing the Order Form "I place and pay".
- the conclusion of the Sales Agreement between the Customer and the Seller takes place after the Client has placed an Order in the Online Store.
- after placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Seller of the Client an e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller's statement about the receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- consolidating, securing and providing the Customer with the content of the Sales Agreement concluded by 1. sharing these Regulations on the Online Store website and 2. sending the e-mail to the Customer.
Each Sale Agreement will be confirmed by a Receipt or a VAT invoice that will be attached to the shipments.
Payment methods
The seller provides the following payment methods:1) Electronic
- payment by a traditional transfer to the Seller's bank account.
- settlement of transactions by credit card and e-transfer are carried out via Dotpay.pl
- settlement of transactions with payment card and e-payment using Paypal.com
2) Cash
- cash payment directly at the headquarters of the company 33-336 Łabowa 256A
- payment in cash on delivery from Kurier
Prices
- All prices quoted in the online store at www.tesam.pl are expressed in currencies:
- in Polish zlotys (PLN).
- in euros (EUR €)
- in dollars (USD $)
- in British pounds (GP Pound £)
- in the Ukrainian hryvnia (Hryvnia ₴)
- in Russian rubles (RUB)
- in Czech crowns (Kč)
- The following price categories are used in the online store:
- Gross price - standard sales price of offered goods and services
- Net price - price without VAT tax.
Cost, date and delivery methods
- Goods ordered in the online store www.tesam.pl is delivered via one of the available carriers selected during the purchase offer.
- At the time of receipt of the shipment consists of:
- time of order fulfillment (completing the goods, payment method, issuing the sales document, packing the package)
- delivery time, depending on the chosen method of delivery.
- With every product available in the store, there is also information about the expected time of sending the goods. This time does not include the time of completing the order and is counted from the moment of delivery of the shipment to the carrier or postal operator until delivery.
- Along with the goods, a VAT invoice or a cash register receipt and the terms of the guarantee issued are issued. In the absence of any of these documents, you should report such an event to make up for the deficiencies.
- After receiving the parcel, the customer should carefully check the condition of the packaging and its contents. If any defects or damages are found, the client should perform all actions necessary to determine the liability of the carrier. If damage is found, Tesam SC recommends to draw up a loss report.
- Delivery costs for a NATIONAL shipment
- the shipping cost depends on the weight range given below.
WEIGHT COMPONENTS:
* up to 1kg shipping cost: PLN 21
* up to 30kg shipping cost: PLN 26
* above 30kg shipping cost after the individual individual arrangement at that time!
- the shipment is carried out by courier at the expense of the customer, after prior telephone or email notification. - Delivery costs for FOREIGN SHIPMENT
- we do not sell in Germany,
- the shipping cost is given up to a few hours after ordering the goods
- the cost depends on the country to which the shipment is to be sent.
- the cost of sending a given parcel is determined by the courier accepting the foreign dispatch order
- the cost of the package depends on the weight and the country to which the parcel will go. - Shipping FREE :
- only in Poland
- when buying over PLN 1000 gross
- only through the online store www.tesam.pl - Possible delivery costs are indicated when placing the Order. They depend on the method of delivery and payment chosen by the Customer.
- The deadline for delivery of the Product to the Customer is up to 14 calendar days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of payment by bank transfer, this period should be counted from the date of crediting the Seller's bank account.
- According to art. 545 § 2 of the Civil Code in the event of sending the Product to the Customer via the carrier, the Customer is obliged to examine the shipment in time and in a manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
Terms of terminating contracts for the provision of Electronic Services
Termination of the contract for the provision of Electronic Services:
- termination may be subject to a contract for the provision of an Electronic Service for an indefinite period of a continuous nature (eg keeping an Account in the Online Store).
- The Client may terminate the contract without indicating the reasons by sending an appropriate statement via e-mail to the following address: tesam@tesam.pl or in writing to the following address: Tesam SC 33-336 Łabowa 256A. In such a case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period).
- in the case of the Customers who are also Consumers, the Service Provider may terminate the contract for the provision of continuous indefinite electronic service in the event that the Service User objectively grossly or persistently violates the Regulations, in particular when providing illegal content, after unsuccessful at least one call to cease or remove violations with the appointment of the right date. In such a case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period).
- in the case of Customers who are not Consumers, the Service Provider may terminate the contract for the provision of continuous electronic service with immediate effect and without indicating reasons by sending an appropriate statement via e-mail or in writing to the address indicated in the Account.
The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
Return of goods by the consumer
- A consumer who has entered into a distance contract may withdraw from it without giving any reason by submitting a relevant statement in writing within 14 days. The 14-day period in which the consumer may withdraw from the contract is counted from the day of delivery of the item, and when the contract concerns the provision of the service - from the date of its conclusion. To comply with this deadline, it is enough to send a statement before its expiry.
- In order to identify the returned goods it is advisable to provide the order number and the document attached (VAT invoice, receipt). The order number can be obtained via the website, your own E-mail or an online store employee executing the order. The lack of the order number does not constitute an obstacle in the return of goods.
- According to the Act, the returned goods should remain unchanged, unless a change was necessary within the limits of ordinary management. Returns are not subject, in accordance with the Act, to:
- tools unpacked from originally wrapped packaging
- tools that were used or damaged by the buyer
- the tool is incomplete (lost elements)
- Returns to the seller should take place immediately, no later than within 14 days from the date of withdrawal from the sales contract. The return is made with written confirmation. The refund form can be downloaded here -> https://www.tesam.pl/zwroty-towarow-pm-19.html .
- In a situation where the consumer decides to return the goods and the decision will support a written declaration, and when the provisions of paragraph 1 are fully met. 3, the sales contract is considered as not concluded. The consumer will be issued a correction to the purchase document.
- The right to withdraw from the contract referred to in paragraph 1, also applies to installment sale under distance contracts.
- Tesam SC does not apply substitute goods policy.
Warranty
- This quality guarantee applies to goods purchased on the basis of sales contracts concluded between Tesam SC with registered office and address in 33-336 Łabowa 256A, entered into business activity number 16410/01 and 16409/01 issued by the Mayor of Nowy Sącz. NIP: 734- 00-28-716 REGON: 490021695. e-mail tesam@tesam.pl, phone number +48 18 442 77 40, and customers.
- Tesam SC gives the customer a quality guarantee for the smooth operation of the product specified in the sales document. The Guarantee period is indicated in the window next to the product (expressed in the form xx, where xx is the number of months) and counts from the date of purchase of the equipment.
- The Customer's rights under the Guarantee expire automatically: after the Warranty period; in the event of any changes, modifications, additions or replacements of the product or any part of it by the Customer or an entity other than Tesam SC .; in case of exploitation of the goods in a manner inconsistent with its intended purpose and instructions of Tesam SC and the Producer of the goods; in the absence of proper maintenance of the goods, in accordance with the instructions of Tesam SC and the producer of the goods; in the event that the damage or defects in the goods arise as a result of: any mechanical damage, short circuit of the electrical installation.
- The guarantee for the sold goods does not exclude, limit or suspend the rights of the buyer towards the seller of the goods resulting from the incompliance of the goods with the contract. In relations resulting from this Guarantee, the provisions of Polish law shall apply
Details of the warranty can be downloaded by clicking on the image -> 
The complaint procedure for goods purchased via the online store www.tesam.pl
- If the purchased product contains defects or is inconsistent with the contract, the cost of returning the shipment is covered by Tesam SC. Reported defect or non-conformity of goods is subject to verification by the service, which determines whether the defect or non-conformity of the product existed at the time of its issue.
- The delivery of goods under the complaint is unconditional; however, in order to identify it in the system, complete the complaint form for downloading here -> https://www.tesam.pl/serwis-narzedzi-pm-8.html .
- The product should contain original packaging enabling safe transport to a specialist service (in particular, it applies to hydraulic pullers, candle sets, timing locks, etc., etc.).
- It is possible to use a replacement packaging, but it should guarantee adequate protection during transport.
- The product should be sent complete, especially with accessories that affect the functionality of the equipment or which may be one of the causes of the defect or non-compliance with the contract. The goods should be accompanied by a detailed description of the defects or inconsistencies with the information on the situation in which the given defect or non-conformity occurs. In addition, you must specify claim claims and the legal basis for the exercise of rights. The product with the manufacturer's warranty is not subject to the Tesam SC warranty conditions and can be serviced at the authorized service center of the manufacturer in accordance with the terms of the warranty.
- The photographed product should be accompanied by a photocopy of the sales document (proof of purchase) and the original warranty card, if it was delivered with the goods (manufacturer's warranty). In the event of their absence, the complaint will not be considered. Unless the sale of the product will be confirmed on the Tesam SC website.
- The method of delivery of goods under the complaint:
- The cost of shipping the complained devices to the manufacturer is covered by the customer.
- The cost of returning the complaint is free for the customer, and it is covered entirely by Tesam SC.
- When the object of sale is used, the seller is responsible for the non-conformity of the goods with the contract if it is discovered before 1 year from the date of issue of the used product.
Service
- Shipments to the service should be sent to the following address:
tesam
Łabowa 256 A
33-336 Łabowa - Contact service:
tesam@tesam.pl
tel. +48 18 442 77 40
Trademarks and copyrights on websites
- All brand names, product names and titles used on the website are trademarks or trade names of Tesam SC or a third-level trademark or holders of trade names. No one outside of Tesam is entitled to use the reproduction of Tesam trademarks or trade names, as this may violate the rights of the Tesam brand owners.
- Every time web design, texts, documents, films, music and / or other services and the selection and arrangement of materials and all software compilations, along with the source code of the software (including applets) and all other materials on this site are copyrighted by Tesam SC or its suppliers. It is allowed only to copy and print electronic fragments of the website when it is necessary to place an order with us, or for using the Website as a commercial resource.
- No other type of copy of the page may be made, including: the use of information and materials on this site, including reproduction for purposes other than those mentioned above, modification, distribution, or publication.
- If you want to use materials or information from this site, you must obtain prior written permission from Tesam SC.
Privacy policy and personal data security
The administrator of the databases of personal data provided by the Registered Users is the Seller.
The Seller undertakes to protect personal data in accordance with the Act on the Protection of Personal Data of 29 August 1997 and the Act on Electronic Services of July 18, 2002. The Service Recipient giving his personal details to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The Service User has the opportunity to view, correct, update and delete their personal data at any time.
Detailed rules for the collection, processing and storage of personal data used to process orders by the store are described in the Privacy Policy, which can be found at: https://www.tesam.pl/polityka-prywatnosci-pm-17.html
Final Provisions
- Tesam SC has the right to entrust the contract to a third party (as a subcontractor).
- In relation to the sale of non-consumer goods, the seller excludes liability under the warranty.
- Pursuant to Article 8 paragraph 3 point 2 letter b of the Act of 18 July 2002 on the provision of electronic services (Dz.U.2002.144.1204, as amended), we inform you that placing the customer on the website of our store any illegal information or information that violates good manners, is prohibited.
- The current content of the regulations is available on the website www.tesam.pl
- contracts concluded via the Online Store are concluded in accordance with Polish law and in Polish.
- in matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until December 24, 2014 with Consumers - provisions of the Act on the Protection of Certain Consumer Rights and Responsibility for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 with amendments. ) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with Consumers - provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
- the service provider reserves the right to make changes to the Regulations for important reasons, ie: change of the law; changes in payment and delivery methods; changing the scope, payment or form of Electronic Services provided, changing the address of the Seller - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- the amended regulations are binding for the Service Recipient if the requirements specified in art. 384 of the Civil Code, i.e. the Service Recipient was correctly informed about the changes and the Service Recipient did not terminate the contract for the provision of Electronic Service of a continuous nature within 14 days from the date of notification.
- amendments to the Regulations shall not, however, in any way affect the acquired rights of Customers who are also consumers and use the Online Store before the effective date of amendments, in particular amendments to the Regulations shall not affect already placed Orders, contracts concluded or completed.
- in the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones. The recipient who is a consumer has the right to withdraw from the contract.
- Any disputes arising between the Service Provider and the Customer who is also a consumer shall be subjected to the appropriate common courts.
- Any disputes arising between the Service Provider and the Service Recipient who is not a consumer at the same time shall be subject to a court having jurisdiction over the seat of the Service Provider.
- The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. Detailed information on the possibility of the client using the extrajudicial method of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php and http: // www .uokik.gov.pl / wazne_adresy.php .
- The Seller informs that at http://ec.europa.eu/consumers/odr an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.
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