§ 1
The Regulations set out the rules for the sale of goods, products and services carried out by MB Michał Balak NIP 5512642394, REGON 384835684 through the website www.tabell.eu hereinafter referred to as Seller Service Provider, Manufacturer or Tabell.
§ 2
DEFINITIONS
Customer - any entity using the functions available on www.tabell.eu
Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business activity on its own behalf, which uses the services on www.tabell.eu.
Tabell Store - the website operated by Tabell at the Internet address www.tabell.eu
Agreement concluded at a distance - an agreement concluded with the Customer within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties, using means of distance communication.
Regulations - these rules and regulations.
Order - the Customer's declaration of intent made by means of an Order.
Account - customer account on www.tabell.eu, through which orders are placed.
Registration - filling out a form, allowing you to create an Account.
Order - a form available at www.tabell.eu through which the Customer places an order.
The right to withdraw from the Sales Agreement does not extend to customized Goods, made to the Customer's specifications or according to the Customer's individual design and needs.
§ 3
GENERAL PROVISIONS
The Regulations set out the mutual rights and obligations of the parties with regard to the concluded agreements, in particular the terms of sale, the conditions for the conclusion and termination of agreements, as well as the procedure for the return or complaint of Products.
The provisions of these regulations do not exclude generally applicable laws, the exclusion of which is not permitted.
Customers of the Tabell Shop concluding the Agreement may be only natural persons who are at least 18 years old and have full legal capacity, legal persons or organizational units that are not legal persons, to which a separate act grants legal capacity.
DATA PROTECTION
PRIVACY POLICY, COOKIES
Personal data provided by Customers visiting the Tabell Shop are processed by Michał Balak conducting business activity under the name MB Michał Balak, NIP: 5512642394, REGON: 384835684; e-mail address: kontakt@tabell.eu tel.: 571917108 hereinafter referred to as the Administrator
In terms of making payments through a payment operator, the administrator of personal data is the operator. This data is made available to enable settlement for the ordered product.
Details of the processing of personal data can be found in the Privacy Policy.
§ 4
TERMS AND CONDITIONS OF USE OF TABELL STORE
The contract for electronic provision of services is concluded when the order is properly completed and the Client accepts the registration form, or when the Client uses the Tabell Store without registering an Account.
The Account service is available after registration through the registration form and is a free service.
The service of the order form without registration is to conclude a contract without creating an Account.
The customer may use, free of charge, the service of sending by Tabell, to an electronic mail address, messages in electronic form containing information about available products and services
The contact form service consists in sending a message to Tabell using the form on www.tabell.eu. Cancellation of the service is possible at any time and consists in ceasing to use the service.
The customer may at any time resign from the service of maintaining the Account, newsletter by submitting an appropriate statement to the e-mail address: kontakt@tabell.eu
Tabell may terminate the Services Agreement upon one month's notice. Tabell may terminate the Services Agreement by sending a notice of termination to the Customer's e-mail address provided when creating an Account or placing an order.
Tabell is entitled to block access to the Account and free services, if the User violates the law or the provisions of the Terms of Use, of which it will notify the Customer at the Customer's e-mail address provided when creating the Account or placing an order.
§ 5
ACCOUNT MAINTENANCE AND REGISTRATION
Registration of an Account on the Tabell website is free of charge.
Registration is done through the registration form available at www.tabell.eu under https://www.tabell.eu/sign-up.
Registration requires the Client to read and accept the Terms and Conditions and Privacy Policy.
Logging into the Account is done with the help of the e-mail address, which is the login, and the password, which can be changed by the Customer at any time.
The customer is obliged to immediately notify Tabell of any incident of unauthorized access to the account.
§ 6
ORDERS
The contents of the Tabell Store constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and information concerning individual Products, presented in the Store, does not constitute an offer for sale within the meaning of Article 66 of the Civil Code.
Orders can be placed 7 days a week by adding the Product shown in the Tabell Store to the Cart and placing an order through the Account or without registration using the order form.
By submitting an inquiry via the quotation form, regarding the possibility of making a non-standard product or according to your own design and placing an order as a result of accepting the price offer sent.
The order form requires the exact dimensions, name, color and quantity of the Product, the name and surname of the Customer, the chosen method and address of delivery, contact telephone number, e-mail address, data necessary for invoicing.
Placing an order is equivalent to submitting an offer to Tabell to conclude an Agreement. The offer is binding for the Client if Tabell immediately confirms its receipt at the e-mail address provided by the Client. Confirmation of receipt of the offer referred to in the preceding sentence does not constitute conclusion of the Agreement.
Placing an order means that the Buyer has read the Terms and Conditions and Privacy Policy. Acceptance of the Terms and Conditions and Privacy Policy is a prerequisite for the execution of the order and is done by checking a box in the order form confirming that the Customer has read these documents and fully accepts all their provisions.
When placing an order, the customer goes through the following stages:
- logging in the Store to the Account, which may also occur after proceeding to checkout to confirm the contents of the Cart,
- Selecting the Goods and adding them to the Cart,
- proceed to checkout to confirm the contents of the Cart,
- selection of the method and address of delivery of the Order,
- selection of payment method for the Order,
- confirmation of the execution of the Order,
- Redirection to the website of online payment provider PayU.
- When placing an order without registering a Customer Account, it goes through the following stages:some text
- Selecting the Goods and adding them to the Cart,
- proceed to checkout to confirm the contents of the Cart,
- order selection without registration,
- selection of the method and address of delivery of the Order,
- selection of payment method for the Order,
- confirmation of the execution of the Order,
- Redirection to the website of online payment provider PayU.
- When placing an order as a result of accepting the price offer sent, the customer goes through the following stages:some text
- Confirm or modify the offer by selecting the "Go to Order" option in the offer,
- selection of the method and address of delivery of the Order,
- selection of payment method for the Order,
- confirmation of the execution of the Order,
- Redirection to the website of online payment provider PayU.
- Confirmation of the execution of the order is equivalent to the obligation to pay.
- Until the content of the Cart is confirmed, the Customer is free to dispose of the quantity and type of Goods contained in it.
- After the order has been placed - if it is possible to process the order - Tabell sends information to the e-mail address provided by the Client about acceptance of the order for processing and the date of its execution. This information constitutes Tabell's statement of acceptance of the offer and at that moment a Sales Agreement is concluded between the Parties. If Tabell does not send the information to the Client, within 5 business days from the date the order was placed, the agreement between the Client and Tabell is not concluded and any payments paid by the Client are returned by Tabell to the Client's account.
- If the order cannot be fulfilled, Tabell will send information about the cancellation of the order to the e-mail address provided by the Client. Cancellation of an order means that Tabell is not obliged to fulfill it and may take place no later than the date of expiration of the order completion deadline indicated by Tabell, or if no deadline is specified, no later than 30 days from the date of its acceptance for fulfillment by Tabell.
- The execution of the order is carried out after the customer has paid the entire amount due.
- The status of the order can be checked by the Customer in the tab through the Account in the Store. In other cases, the Customer is informed by e-mail about the next stages of order processing.
- If the customer finds any discrepancies in the information sent by Tabell regarding the orders placed by the customer, the customer should immediately correct the discrepancies by contacting Tabell at the following e-mail address: kontakt@tabell.eu.
- The condition for the execution of the order is the availability of the materials needed for its execution in stock. If some of the materials are unavailable, the customer is informed about the status of the order and agrees to extend the waiting time or abandons the order.
- Tabell reserves the right to cancel the order for reasons beyond its control. In such a case, a refund of the money paid by the customer will be made within 10 days, counting from the day Tabell informs the customer of the cancellation of the order.
- In the cases indicated in sec. 19 and 20, Tabell shall not be liable to the Client for any damages, and cancellation or withdrawal from the execution of an order shall not give rise to any rights on the part of the Client other than the possibility of demanding a refund of the amounts paid to Tabell.
§ 7
PAYMENTS
Prices in the Tabell store are gross prices. The cost of transportation is determined individually and is not included in the price of the Product. The price does not include the cost of installation.
Payment for the purchased Product can be made via PayU.
Tabell proceeds to process the Order from the moment of receipt from PayU service of confirmation of correct execution of full payment for the Order.
- Installment payments offered by the PayU system are independent of Tabell, and the Buyer's creditworthiness is determined individually by the PayU system.
- The data given in the offer regarding the size of the credit installment are approximate figures and do not constitute an offer within the meaning of the Civil Code.
§ 8
SHIPPING AND DELIVERY OF YOUR ORDER
The lead time is determined individually for each product and is calculated from the date of confirmation of receipt of the entire payment to Tabell's account.
The Customer shall be obliged to pick up the Product at the place and time agreed with Tabell, and in case of violation of this obligation, the Customer shall pay the company a fee of PLN 400 as reimbursement of transportation costs.
If the Customer collects the Product on his/her own, the collection should take place within 14 days after notifying the Customer that the order has been completed. After 14 days, Tabell has the right to charge a storage fee for the Product in the amount of PLN 50 for each day of delay in collection.
Tabell attaches a receipt or a VAT invoice to the shipment of Goods, depending on the Customer's choice made in the course of placing the order and providing the data necessary for invoicing.
- The Seller shall issue a VAT invoice in electronic form (in PDF format) and send it to the Customer at the e-mail address indicated in the order or at the address saved in the Customer's Account, or include it in paper form together with the Goods.
- If the Goods are delivered via courier service, the Customer is obliged to carefully check the package at the time of delivery in the presence of the courier. In particular, the Customer should check whether the parcel bears any signs of damage. If before the delivery of the parcel to the Customer it is found that it has suffered loss or damage, the Customer may request a protocol determination of the condition of the parcel and the circumstances under which the damage occurred. If, after the shipment is released to the Customer, it is discovered that the shipment has suffered a defect or damage that is not outwardly noticeable upon receipt, the Customer may request a protocol determination of the condition of the shipment immediately after the discovery of the damage.
- The warranty and the right of withdrawal from the Sales Contract do not apply if the Goods are affected by mechanical damage of external origin. Hence, before taking the Goods from the courier, it is necessary to check whether the packaging has not been damaged in transit. Preparation of a protocol to determine the condition of the shipment is a prerequisite for taking into account any claims of the Customer for damage or robbery of the Goods in transit.
- The protocol for determining the condition of the shipment, should include a detailed description of the condition of the packaging of the Goods received and the circumstances that will help to exclude the Customer's involvement in the damage and will constitute substantial evidence of the fact that the damage occurred during transport.
§ 9
RETURNS OF GOODS AND WITHDRAWAL FROM THE SALES CONTRACT
- A customer who is a Consumer who has concluded a Sales Agreement through the Tabell Store may withdraw from it within 14 days from the date of delivery of the purchased Product to him/her without giving any reason.
- In order to exercise the right of withdrawal from the Sales Agreement, the Consumer should make a statement regarding the withdrawal in writing, while the return of the goods should take place immediately, no later than within 14 days, counting from the date of withdrawal from the contract.
- The right to withdraw from the Sales Agreement applies only to Products from the standard range of products presented in the Tabell Store and does not include Custom Products, made to the Customer's specifications or according to the Customer's individual design and needs.
- Cancellation of the Sales Agreement will be accepted by Tabell only if the Product is returned in its original, undamaged packaging, with its complete contents, and the Product itself and related accessories are undamaged and bear no signs of use or assembly.
- The return shipment of the product must be accompanied by a proof of purchase (receipt or invoice) with a warranty card and the account number to which Tabell is to refund the sale price.
- Within 3 working days of holding the returned Product, Tabell will inspect it. If the goods meet the requirements indicated in the Terms and Conditions, the return will be processed and an adjustment of the sales document will be issued. The original and a copy of the invoice will be sent to the Buyer by priority mail. The Buyer should send back a signed copy of the correction invoice, and upon receipt, the sales price will be refunded to the Customer's account within 7 working days.
- The consumer may use the model form for withdrawal from the Sales Agreement attached to the Terms and Conditions, but it is not mandatory.
- In the case of effective withdrawal from the Sales Agreement concluded through the Tabell Store, the agreement is considered not concluded.
- If the Consumer submits a statement of withdrawal from the Sales Agreement before Tabell has accepted his offer, the offer shall cease to be binding.
- The consumer is obliged to send back or hand over the Goods to the address: .............. The Consumer shall bear the direct costs of returning the Products.
- The Consumer shall be liable for any diminution in the value of the Products resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Products.
§ 10
POSSIBILITY TO WITHDRAW FROM THE CONTRACT FOR SERVICES
- A customer who is a Consumer who has concluded an Agreement for services through the Tabell Store may withdraw from it within 14 days from the date of conclusion of the agreement in question.
- In order to exercise the right to withdraw from the Contract for Services, the Consumer should inform Tabell at the following e-mail address: kontakt@tabell.eu of his decision to withdraw by a clear statement.
- The consumer may use the model form for withdrawal from the Contract for Services attached to the Regulations.
- In the event of effective withdrawal from the Agreement for services concluded through the Tabell Store, the contract is considered not concluded.
§ 11
WARRANTY AND COMPLAINTS
- Tabell shall be liable to the Customer who is a Consumer for physical and legal defects of the Goods under the terms of the warranty regulated in Article 556 and following of the Civil Code, if the defect is discovered before the expiration of 2 years from the date of delivery of the product to the Consumer.
- In the case of a Sales Contract concluded with an Entrepreneur, the Seller's liability under warranty is excluded.
- Complaint can be submitted via e-mail to: kontakt@tabell.eu or in writing to ........................
- The complaint should include the necessary data of the Customer for identification, the received proof of purchase of the Product and the warranty card, a detailed description and photos of the reasons for the complaint and an indication of the demands against Tabell.
- In order to process the claim, the Customer should deliver the claimed Product to Tabell at the following address: ..............
- Tabell will respond in writing to the complaint within 14 calendar days from the date of its receipt at the address indicated by the Client or via e-mail - informing the Client of the proposed further actions to resolve the complaint.
- If the data provided by the Customer in the complaint needs to be supplemented, Tabell will ask the Customer to supplement the data within a specified period of time. the time limit for processing the complaint then begins to run from the date of delivery to Tabell of complete data enabling the complaint to be processed.
- The customer may accept the Seller's proposed method of settling the complaint by sending, within 7 days of receiving Tabell's proposal, its acceptance to: kontakt@tabell.eu or in writing to: .......
- If the customer does not accept Tabell's proposal on how to resolve the complaint, the complaint procedure is considered exhausted.
- Complaints that do not identify the customer may not be processed.
- Customers who are consumers are granted a 12-month warranty for the purchased Products counted from the date of sale. Detailed terms and conditions of the warranty are specified in the warranty card issued by Tabell.
§ 12
COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
- The user has the right to file complaints about the provision of electronic services.
- Complaint may be submitted via e-mail to: kontakt@tabell.eu or in writing to: ..................
- The complaint should contain the necessary details of the customer that allow identification, an indication of the reasons for the complaint and an indication of the demands against Tabell.
- The complaint will be reviewed by Tabell within 14 days of receipt.
- Tabell shall respond to the complaint in a manner corresponding to the way the complaint was sent, i.e. by letter to the address provided in the complaint or to the e-mail address indicated by the Client.
§ 13
COPYRIGHTS
- All copyrights to the content on the Shop's website are held by Tabell and are reserved. The materials on the website of the Tabell Store, including text, graphics and source code, may not be reproduced, transmitted or used in any form or by any means. It is forbidden to use the contents of the Tabell Store website without prior permission from the Seller expressed in writing under pain of invalidity.
- It is forbidden for the Customer to place in the Store, including in the reviews of Products, content of an unlawful nature, in particular of an offensive nature, violating the personal rights of the Seller or third parties, false or misleading.
- It is forbidden for the customer to use the website of the Tabell Store or services provided by the Seller electronically in a manner contrary to the law, good morals, violating the personal rights of the Seller or third parties.
- It is forbidden for Customers to use the Store's website, its resources and provided functions for the purpose of conducting activities that would violate Tabell's interests or negatively affect the functioning of the Tabell Store.
- It is forbidden to use the Tabell Store for purposes contrary to its purpose, in particular to send any commercial information by Customers, to conduct commercial or advertising activities by Customers, etc.
- A customer who becomes aware that content has been posted on the Online Store that does not comply with the law or the Terms and Conditions may report this fact to the Seller by sending a message to the e-mail address: kontakt@tabell.eu.
§ 14
DISPUTE RESOLUTION
- The parties agree to make a good faith effort to promptly resolve any dispute or claim arising out of or related to the concluded agreement through negotiation.
- If the undertaken negotiations are not successful, and unless the Parties have agreed otherwise, any disputes - in the case where the Customer is an Entrepreneur - will be resolved by a common court of competent jurisdiction for the registered office of the Seller.
- If the Customer is a Consumer, the jurisdiction of the court will be determined solely on the basis of generally applicable laws.
- The Seller does not use out-of-court methods of handling complaints and claims, including out-of-court resolution of consumer disputes, if mandatory provisions of law do not impose such an obligation.
- However, the consumer may use out-of-court ways to handle complaints and assert claims, such as mediation or arbitration. For more information on the possibilities of using out-of-court ways of handling complaints and pursuing claims, please visit the website of the Office of Competition and Consumer Protection(www.uokik.gov.pl).
- Wanting to use out-of-court ways of dealing with complaints and claims, the consumer can turn to institutions for the protection of consumer rights and interests, in particular to:some text
- district (city) consumer ombudsman
- provincial inspectorates of the Commercial Inspection (WIIH) and their branch offices conducting mediation. Mediation is conducted at the request of the Consumer or ex officio after exhaustion of the complaint route. The mediator is an employee of the WIIH. Mediation is voluntary, which means that this method of dispute resolution must be agreed to by both parties to the contract
- arbitration courts, in particular, permanent arbitration consumer courts operating at the WIIH (both in provincial capitals and in branch offices). These courts hear disputes over property rights arising from contracts for the sale of products and the provision of services. Their main feature is their voluntary nature. This means that a case can be considered by an arbitration court only if both parties agree to it and submit to its jurisdiction, i.e. make a so-called arbitration clause. Proceedings can be initiated by both the consumer and the entrepreneur.
§ 15
FINAL PROVISIONS
If any provision of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable to the extent provided by law, to that extent that provision shall be excluded and shall not be binding on the Parties, while the remaining provisions of the Terms and Conditions shall remain in force and be binding on the Parties.
Tabell shall be liable for non-performance or improper performance of the Sales Contract and the Service Contract, with the proviso that in the case of contracts concluded with Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of the actual losses incurred by the Entrepreneur, not greater them the value of the Order.
In matters not covered by these Regulations the relevant provisions of the Civil Code and other mandatory provisions of Polish law shall apply.
The Seller reserves the right to change the provisions of the Terms and Conditions in the event of the occurrence of any of the following important reasons:
- the need to adapt the Regulations to the mandatory provisions of law;
- the need to adjust the Regulations to the recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of a state or local government authority or a court ruling;
- Expanding or changing the functionality of the Store;
- changes in the scope of the Seller's business;
- The need to correct errors and clerical mistakes in the Regulations;
- changes of contact details, names, identification numbers, electronic addresses or links provided in the Regulations;
- anti-fraud;
- The need to improve the process of customer service and contracting.
- The customer will be notified of changes to the Terms and Conditions in a manner that will allow him to become familiar with the changes before they take effect by posting relevant information on the main page of the Store at least 7 days before the changes take effect.
- In the event that the Terms and Conditions are amended after the conclusion of a Sales Contract or a Service Contract, the Terms and Conditions as in effect on the date of conclusion of the contract shall apply to the legal relationship established by its conclusion.
- A change in Tabell's registered office, address, e-mail address, telephone number and other details does not constitute an amendment to the Terms and Conditions.