Terms and Conditions of the Online Store

1. Introductory Provisions

1. TERMISSA Sp. z o.o. (a limited liability company) with its headquarters in Nowy Targ (adress: ul. Ludzmierska 29, 34 – 400 Nowy Targ) entered into the Register of Entrepreneurs maintained by the District Court of Krakow in Krakow, XII Economic Division of the National Court Register under KRS number 0000564728, REGON: 362027116, NIP: 735-28-63-488, with a share capital of PLN 80.000,00 and phone number 575146400, conducts the sale of goods by means of the Internet (Internet) under the web address termissa.eu (“Store”). The administrator of the personal data of the Store’s clients is TERMISSA Sp. z o.o.. The postal address of the Store is: ulica Ludzmierska 29, 34 – 400, Nowy Targ.

2. These Terms and Conditions are directed towards all users of the Store and define the rules concerning the registration and use of the Store account, the rules of electronically reserving goods available in the Store (“Good” or “Goods”), the rules of placing orders in the Store and the rules of concluding contracts for the sale of goods.

3. The Store is an online retailer.

4. Access to these Terms and Conditions may be obtained by every user at any time by “clicking” the link “Terms and Conditions” located on the Store website or by saving the PDF version of the Terms and Conditions on a data storage device.

5. Information about the Goods in the Store, including descriptions of Goods, their characteristics and prices, constitutes an invitation to conclude a sales agreement as defined in article 71 of the Civil Code (“C.C”) in accordance with the conditions of the Terms and Conditions.

6. Goods in the Store are marked in detail. On the website one can find complete information about the Goods, in particular their characteristics, price, materials from which they were produced, their use, etc.

7. Photos of the products offered serve to present the types of Goods specifically shown on said photos.

8. A condition of the user’s placing of an Order in the Store is his becoming acquainted with these Terms and Conditions as well as his acceptance of their provisions at the time of the Order.

9. All Goods offered in the Store are factory new, in their original packaging, the producer and owner of which is TERMISSA Sp. z o.o..

2. The rules of using the Store and concluding a contract for the sale of goods

1. TERMISSA Sp. Z o.o. enables the concluding of sales agreements via the Internet and provides other services provided for in these Terms and Conditions.

2. A sales agreement is concluded between the user of the Store (“Customer”) and TERMISSA Sp. z o.o. (“Store”).

3. Information provided by the Customer while placing an order should be consistent with the truth, up-to-date, accurate, and precise. TERMISSA Sp. z o.o. reserves the right to cancel any Order should the information provided by the Customer be insufficient to properly carry out the Order, especially with regards to information ensuring the proper delivery of packages. Before cancelling an Order the Store will attempt to contact the Customer with the aim of establishing more accurate information so as to carry out the Order.

4. The Customer is obliged to refrain from sending content prohibited by law, such as content that promotes violence, is defamatory, or infringes upon personal rights or the rights of third parties.

5. The store shall take any technical and organizational measures in accordance with the law to protect the personal data of its Customers, especially to prevent the unlawful obtainment and modification of said data by unauthorized parties during the registration process.

6. The Customer is obliged to refrain from distributing unrequested commercial and marketing information within the Store.

3. Placing Orders

1. All prices listed on the website are the gross price in PLN. The prices listed do not include shipping costs.

2. The Store enables the placement of Orders for Goods via its website and e-mail.

3. Orders via the website may be placed 24 hours day, 7 days a week, 365 days a year.

4. While placing an Order, Customers may separately consent to the collection of personal data in the database of the Store for processing in connection with carrying out the Order. If consent is given, Customers have the right to inspect their data, correct it, and demand its removal. Customers may revoke their consent at any time. The revocation of consent takes place the moment TERMISSA Sp. z o.o. is made aware of this decision.

5. Customers may choose the option of having their data remembered by the system in order to facilitate the placing of future Orders. To achieve this, Customers should provide their login and password necessary for acquiring access to their account. The Customer’s login is the e-mail address that was provided. The password is a series of symbols determined by the Customer. The Customer’s password is not known by TERMISSA Sp. z o.o.. The Customer is obliged to maintain the password’s secrecy so as to ensure that it is not acquired by third parties.

6. The Customer may place an order without needing to permanently register any data in the database of the Store (the so-called “purchase without registering”).

7. A condition of placing an Order via the website is filling out all the required data on a form necessary for shipping and the generation of a VAT invoice or sales receipt.

8. In order to place and Order via the website one needs to make a choice of Goods in the Store, including the quantity and type thereof, and next go to the “shopping cart” and continue the order-placing procedure by choosing the appropriate options, including the delivery method.

9. The Customer may make changes and modifications to the Order, cancel the Order, or change the contact information necessary for shipping and invoicing up until the moment of confirming the choice of Goods performed by clicking the “Order and Pay” button. Confirming the Order by clicking the “Order and Pay” button is concurrent with accepting the obligation to pay the price of the Goods and the chosen method of delivery with the indicated shipping costs, which the Customer is informed about directly before confirming the Order.

10. After the order is successfully placed by the Customer via the Internet, he or she will receive an automatically generated reply from the Store confirming that the order was received.

11. The Sales Agreement, the content of which accords with these Terms and Conditions and the Order placed by the Customer, is concluded in the Polish language.

4. Delivery and pick-up of Goods

1. Goods are delivered to the address indicated in the Order form. The Store will immediately inform the Customer about improper completion of the Order form which prevents its delivery or results in the delivery’s delay.

2. Goods are delivered via a specialized courier or by means of a delivery service in accordance with Polish postage law. In some cases, there exists a possibility to personally pick up the Goods at the headquarters of the Store.

3. Packages are delivered in accordance with the date provided next to every Good on the Store website. This is an approximate delivery time and concerns Orders of the “cash upon delivery” type. When choosing “bank transfer” for the method of payment or “pay by card or bank transfer online” one should take into account the time needed for funds to reach the Store’s bank account (1-2 working days).

4. The Customer is charged for delivery (shipping) in accordance with the transportation price list. The Customer may become acquainted with the price list at any time by clicking “transportation price list.”

5. Payment

1. Information about the price of Goods listed on the Store’s website are binding from the moment the Customer receives the Order confirmation message for the Order placed by the Customer for said Goods.

2. Product prices in the Store are listed in PLN and include all relevant financial elements such as VAT tax, customs duties, and other taxes.

3. Customers pay the price of the ordered Goods along with delivery costs according to their chosen method of payment, such as cash upon delivery, payment via electronic payment systems, or bank transfers to the Store’s bank account.

6. Filing complaints concerning Goods

1. Products offered in the Store are factory new and original. TERMISSA Sp. z o.o takes responsibility for the physical and legal defects of Goods pursuant to article 556 et seq. of the Civil Code.

2. A complaint may be filed for every Good in the Store in accordance with the time limits and conditions of complaints as set out in law provided that the Good possesses defects constituting nonconformity with the concluded contract for the sale of goods.

3. Complaints should be submitted to the postal address of the Store.

4. When filing a complaint the defective product should be delivered together with the proof of purchase and completed complaint form to the postal address of the Store.

5. If the Good possesses a defect, pursuant to article 556 and article 561 of the Civil Code, the Customer is entitled to:

1. Submit a declaration of withdrawal from the Agreement or price reduction of the Good unless the seller – TERMISSA Sp. z o.o. immediately and without significant inconvenience to the Buyer – Customer replaces the Good for one free of defects or removes said defects, or

2. Demand the replacement of the Good for one free of defects or demand the removal of said defects.

7. Product returns – withdrawal from the Contract

1. The Customer, who is a consumer as defined by the law, has the right to withdraw from the contract for the sale of goods without any indication of reasons, pursuant to the rules described below.

2. The time allotted to withdraw from the Sales Agreement expires after 14 days from the day on which the Customer came into possession of the Goods or on which a third party, other than the carrier and indicated by the Customer, came into possession of the Goods.

3. In order to exercise the right of withdrawal from the Contract, the Customer should inform TERMISSA Sp. z o.o. about his decision to withdraw from the Contract with an unequivocal declaration sent to the postal address of the Store. The template for declaring withdrawal from the contract is annex no. 1 to these Terms and Conditions.

4. In order to not exceed the time allotted to withdraw from the Agreement, it will be sufficient for the Customer to send to the Store’s postal address information concerning his decision to exercise the right to withdraw from the Agreement before the passage of the deadline for withdrawing from the Agreement.

5. The Customer shall send back the Goods on whose account the withdrawal from the Agreement takes place immediately, or no later than 14 days from the day on which the Customer withdrew from the Agreement, to the postal address of the Store.

6. The Customer incurs the direct costs connected with returning the product. If the Customer chooses a method of delivery other than the cheapest typical method of shipping offered by the Store, the Store is not obliged to compensate the Customer for incurring additional costs.

7. In the case of withdrawal from the Contract the Store shall reimburse the Customer for the price paid by him immediately, or no later than 14 days from the day on which the Store receives the Customer’s declaration of withdrawal from the Agreement.

8. The reimbursement of the Customer will take place via the same methods of payment that were used in the original transaction by the Customer unless the customer expressly agrees to another solution. The Store may refrain from reimbursing the Customer until the Goods are returned to the Store or until proof of delivering the Goods back to the store is provided, depending on which event occurs first.

9. The Customer is responsible for any reduction in the value of the returned Goods resulting from their being in a manner which goes beyond the need to establish the nature, characteristics and functioning of the Goods.

8. Final Provisions

1. The Personal data of Customers provided during registration for the Store is processed by TERMISSA Sp. z o.o. exclusively for the purpose of carrying out Orders, and can also be processed for marketing purposes as long as the Customer consents to this in a separate declaration. The Customer is entitled to complete, update, and amend his personal data, as well as temporarily or permanently suspend his consent to its processing or demand its deletion if the data is incomplete, out-of-date, untrue, or was collected in violation of the law or is no longer necessary for the purpose for which it was collected, and to object to the processing of his personal data for marketing purposes.

2. Failure to accept the provisions of these Terms and Conditions prevents the purchase of Goods offered by the Store. The Store will enable the Customer to become acquainted with these Terms and Conditions when placing an Order. Customers possessing an account in the Store will be informed about amendments to the Terms and Conditions via the e-mail address provided by the Customer. Customers that do not accept the amendments made to the Terms and Conditions have the right to delete their account at any time.

3. In matters not regulated by these Terms and Conditions the provisions of the Civil Code or other legal provisions related to the activity and functioning of the Store shall be applicable.

4. The court having jurisdiction for resolving disputes is the court of local jurisdiction in Nowy Targ.

5. TERMISSA Sp. z o.o. reserves the right to make amendments to these Terms and Conditions at any time. Amendments of these Terms and Conditions are applicable to Orders placed after a given amendment to these Terms and Conditions is made, subject to the provisions of paragraph 2 above.

6. All trademarks placed in the Store as well as company names belong to their legal owners and were used for informational purposes.

7. TERMISSA Sp. z o.o. is the owner of the brand TERMISSA and of all the products offered for sale, including the Goods, their characteristics and their hallmarks, and their packaging. Every violation of TERMISSA Sp. z o.o.’s property rights will result in consequences provided for in the Copyright Act and related Acts, the Industrial Property Law Act, the Act on Combatting Unfair Competition, the Civil Code and Criminal Code.

Annex – withdrawal from the Contract.