These Regulations set forth the principles of selling products offered by the online store tabanda.pl, owned by Filip Ludka Projektowanie, with its registered office at ul. Raduńska 10 in Straszyn, established in 2009. The Company has the following REGON (CRO certificate) number: 220805472 and NIP (VAT) number 604-010-09-17

ARTICLE 1
GLOSSARY

1.Whenever the Regulations refer to:Filip Ludka Projektowanie – business activity consisting in design and retail sales of products, conducted by Filip Ludka, with its registered office in Straszyn, 83-010, ul. Raduńska 10, mailing address: Raduńska 10, 83-010 Straszyn, NIP (VAT number): 6040100917, REGON (CRO certificate) number: 220805472, bank account number for transfers in PLN: 66 1090 1098 0000 0001 1536 7956, bank account number for transfers in foreign currency: pl71 1090 1098 0000 0001 1536 7963, swift code: WBKPPLPP, e-mail address: filip@tabanda.pl, contact telephone no.: 502 109 430, registered in Centralna Ewidencji i Informacji o Działalności Gospodarczej (Central Business Activity Registration and Information Office), administrator of online store www.tabanda.pl.

2. Store/Website – online store conducted by Filip Ludka Projektowanie, available at www.tabanda.pl, through which Filip Ludka Projektowanie provides Services within the meaning of these Regulations.

3. Regulations – these Regulations of online store www.tabanda.pl.

4. Service – mail ordering of interior furniture and equipment conducted in the territory of the Republic of Poland and outside the Republic of Poland, executed upon placing an order by the Ordering Party.

5. Vendor – Filip Ludka Projektowanie.

6. Ordering Party – a unit which has full legal capacity, uses the Services provided by the Vendor and is authorised to receive the ordered products.

7. Agreement – agreement for sales concluded between the Vendor and the Ordering Party, pursuant to which the Vendor shall be obliged to provide the Service, whereas the Ordering Party shall be obliged to receive the product and pay the price.

8. Supplier – specialised unit handling deliveries of courier mail. The Vendor cooperates with courier companies DPD, EMS and UPS.

 

ARTICLE 2
GENERAL PROVISIONS

1. The Vendor shall communicate with the Ordering Party by contact form on tabanda.pl, e-mail or telephone. The contact data of the Vendor are specified in Article 1 of the Regulations. The cost of telephone call is in accordance with the tariff of the service provider used by the Ordering Party for telecommunication services.

2. The Ordering Party shall use the Services of the Vendor through the online store www.tabanda.pl.

3. Each product offered in the Store is brand new and has the manufacturer warranty.

4. The Vendor shall be obliged to provide products free of defects.

5. The Store Website is provided in Polish and English language versions.

6. Each price specified for a product is gross, i.e. it includes VAT tax.

7. Product prices cannot be modified after placing an order.

8. The Vendor shall have the right to change prices of products offered in the Store only prior to placing an order by the Ordering Party.

9. The Vendor shall have the right to expand the offer of the Store by adding new products.

10. The Vendor shall have the right to introduce price discounts and special offers. Certain special offers are introduced by means of discount codes, which are made available on the Website by the Vendor in each such case, subject to Article 2 Paragraph 11 of the Regulations.

11. During the period of special offer or reduced price sales, the amount of products, as well as duration of special offer or price reduction are limited, and orders are executed in the order they are received. Special offer or price reduction shall finish when the stocks are exhausted, or at the moment specified by the Vendor. The Vendor shall inform through the Store each time about the beginning or end of special offer or price reduction period, as well as about their duration.

12. When placing an order, the Ordering Party shall conclude an Agreement with the Vendor, referred to in Article 1 Item 8 of the Regulations.

13. The Vendor shall issue a fiscal receipt confirming the conclusion of the Agreement for every order. Fiscal receipt is each time attached and sent together with the ordered product. Upon the request of the Ordering Party, the Vendor shall issue a VAT invoice, which shall also be sent via email. .

14. The Vendor applies the existing code of good practices in his activity, in accordance with the Act of 23 August 2007 on Combating Unfair Commercial Practices.

 

ARTICLE 3
ORDER PLACEMENT

1. The Ordering Party shall place an order through the Store on the website www.tabanda.pl.

2. In order to place an order, the Ordering Party shall press the button „CHECKOUT” after selecting the product.

3. After pressing the button „CHECKOUT”, the Ordering Party shall be obliged to provide the following data:
a) Name;
b) Surname;
c) E-mail address;
d) Contact phone no.;
e) Street;
f) Building no.;
g) Premises no.;
h) Postal code;
i) City;
j) Country;
k) Municipality;

optionally:

l) Company name;
m) Tax identification number;

4.By providing the personal data and continuing the transaction The Ordering Party declares that all the provided data are true.

5. By filling or leaving blank the respective checkbox, The Ordering Party shall declare whether The Vendor shall provide The Ordering Party a VAT receipt for the transaction. If the VAT receipt is requested, The Ordering Party shall provide The Vendor with valid Comapny name and VAT Code.

6. If The Ordering Party is an entity registered as a EU VAT payer, it may request to perform an intra-Community transaction and be charged with zero-rate VAT. In such case, The Ordering Party shall provide The Vendor with valid Comapny name and EU VAT Code. After The Ordering Party continues the purchase via Store, The Vendor will recieve and validate The Ordering Party's data. The Vendor shall contact The Ordering Party within 5 working days to finalise the transaction or inform about any errors and irregularities.

7. In case when The Ordering Party's delivery address is placed outside the following: EU member states, Switzerland, Norway; there is no possibility to proceed the payment via the Store. After The Ordering Party continues the purchase via the Store, The Vendor will recieve The Ordering's Party and order's data and estimate the delivery cost and time for given location. The Vendor shall contact The Ordering Party within 5 working days to finalise the transaction.

8. After providing the data specified in Article 3 Section 3 of the Regulations, the Ordering Party shall continue the purchase by pressing the button „Continue”. Excluding the situations specified in Article 3 Sections 6 & 7, The Ordering Party shall be informed of the delivery cost and time. Excluding the aforementioned exceptions, The Ordering Party shall, by pressing „Continue” button once again, proceed to choosing one of following payment methods: DotPay, PayPal or Sofort Banking.

9. After choosing the payment system, The Ordering Party shall finalise the purchase by pressing the button „Continue via ”.

10. The Vendor shall reserve the right of additional verification of the order by e-mail or telephone, not later than on the following day after placing an order. At the same time, the Vendor shall reserve the right not to execute an order in the case when the Ordering Party provided incomplete or untrue data, pursuant to Article 3 Section 3 of the Regulations. The Vendor shall inform the Ordering Party about such non-execution of an order, if possible.

11. The Ordering Party shall be obliged to make the payment after pressing the button „Continue via ”.

12. In the case referred to in Article 3 Section 7 Sentence 2 of the Regulations, the Vendor shall return the paid funds within 7 days from the date of providing the information concerning the lack of possibility of execution of the order to the Ordering Party.

13. An order shall be accepted for executing upon receiving the confirmation of positive authorisation from the payment system by the Vendor.

14. In the case when the Vendor realises after placing an order by the Ordering Party that the ordered product is not available, the Vendor shall inform the Ordering Party immediately by e-mail or telephone. In such case, the Ordering Party shall have the right to withdraw from the Agreement, and the funds transferred to the benefit of the Vendor shall be returned within 7 days from the date of receiving the information about withdrawal from the Agreement by the Vendor. The Ordering Party shall also have the right to express the willingness to execute the order within the deadline agreed individually with the Vendor.

 

ARTICLE 4
PAYMENTS

1. The Ordering Party shall be obliged to pay for the ordered product upon placing the order.

2. The Ordering Party shall pay for the ordered product:
a) by bank transfer or credit card using DotPay system – the amount due is collected by DotPay.
DotPay
b) by bank transfer directly to the bank account of the Vendor for settlements in EUR. Bank account number – IBAN PL 71 1090 1098 0000 0001 1536 7963, bank SWIFT code – WBKPPLPP, conducted by Bank Zachodni WBK.
c) by bank transfer using the online payment platform – PayPal.
d) by bank transfer using the online payment platform – Sofort Banking.

3. The price displayed when choosing the payment system shall be the final price including VAT and cost of product supply, excluding the situations described in Article 3 Sections 6 & 7 of the Regulations.

4. Foreign shipments can be paid only by bank transfer or credit card using DotPay system, or by bank transfer using one of the online payment platforms – PayPal or Sofort Banking.

 

ARTICLE 5
DELIVERY COSTS AND DATES

1. Each product has specific order processing time. Order processing time is specified in working days and calculated from the date of placing the order by the Ordering Party to the date of sending the ordered goods. In the case when the Ordering Party orders goods with different processing times, the longest processing time shall be binding for the Vendor.

2. The date of receiving goods shall be understood as the sum of order processing time and delivery time.

3. Delivery times for goods are as follows:
a) Courier mail in the territory of Poland – 1 working day;
b) Courier mail outside Poland in the territory of European Union – 2-4 working days;
c) Courier mail outside the territory of European Union – estimated individually;

4. The costs of delivery of goods within EU shall be incurred by the Vendor.

 

ARTICLE 6
OBLIGATIONS OF THE ORDERING PARTY

1. The Ordering Party shall be obliged to check the status and content of shipment in the presence of the Supplier.

2. In the event of noticing the occurrence of transport damage, the Ordering Party shall perform the acts of diligence required by the provisions of the Act of 15 November 1984. – Transport Law (Uniform text: Journal of Laws 2012.1173) to maintain the liability of the Supplier, and in particular to cause protocol determination of the shipment status and circumstances of loss occurrence by the Supplier.

3. The Ordering Party shall be obliged to acknowledge collection of the delivery from the Supplier.

4. Upon the acknowledgement, the right of ownership to the goods, as well as any risk related to product ownership and use, in particular the risk of loss or damage, shall be transferred to the Ordering Party.

 

ARTICLE 7
COMPLAINT PROCEDURE

1. The rights and obligations of the Ordering Party (consumer) are determined by the Act of 30 May 2014 on Consumer Rights.

2. The Ordering Party shall have the right to submit a statement of withdrawal from the Agreement, using the form template included in Article 10 of the Regulations.

3. The Ordering Party may withdraw from the Agreement within 14 days, without stating the reason or incurring the costs.

4. The Ordering Party shall have the right to submit a complaint.

5. In the case when the Ordering Party withdraws from the Agreement or submits a complaint, the proper address for executing a return or sending a complaint is as follows: Tabanda, ul. Łąkowa 35/38, 80-769 Gdańsk. A complaint may also be submitted in electronic form, by e-mail. In the event of using the electronic form for submitting a complaint, the complaint should be sent to the address: filip@tabanda.pl.

6. The period of withdrawal from the Agreement shall start upon receiving goods from the Supplier by the Ordering Party.

7. The Ordering Party may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Vendor.

8. In order to observe the deadline referred to in Article 7 Section 3 of the Regulations, it shall be sufficient to send a statement prior to its expiry.

9. In the case of withdrawing from the Agreement pursuant to Article 7 of the Regulations, the Agreement shall be regarded as non-concluded.

10. The Vendor shall return to the Ordering Party any payments made by the Ordering Party, including the costs of delivery of goods, within 14 days from receiving the statement of withdrawal from the Agreement.

11. The Vendor shall return payments using the same manner of payment that has been used by the Ordering Party, unless the Ordering Party gave express consent for a different manner of payment, with no additional related costs for the Ordering Party.

12. If the Vendor has not proposed to receive the goods from the Ordering Party himself, he may withhold the return of payments received from the Ordering Party until receiving the returned goods, or providing the evidence of the shipment of returned goods from the Ordering Party, depending on which event occurs earlier.

13. If the Ordering Party selected a different manner of delivery of goods than the cheapest common manner of delivery offered by the Vendor, the Vendor shall not be obliged to return the additional costs incurred by the Ordering Party.

14. The Ordering Party shall be obliged to return goods to the Vendor immediately, however, not later than 14 days from the date of withdrawal from the Agreement, unless the Vendor proposed to receive the goods himself. In order to observe the deadline, goods shall be sent prior to its expiry. When returning goods, the Ordering Party shall be obliged to protect goods from destruction.

15. The Vendor shall be obliged to receive goods at his own expense in the case when they cannot be returned in a standard manner by post due to the character of goods. This shall not exclude the obligation of the Ordering Party to return goods properly protected from destruction.

16. The Ordering Party shall be liable for reduction of value of goods, if they are used in a manner beyond necessary for confirming the character, features and functioning of goods.

17. The Ordering Party shall not have the right to withdraw from the Agreement pursuant to this Section, if the Ordering Party ordered goods which are non-prefabricated, manufactured in line with the specification of the Ordering Party or tailored to meet his individualised needs. SOFA shall not be subject to the right of withdrawal from the Agreement.

18. In the case of withdrawing from the agreement, the Ordering Party shall return the received VAT invoice together with the goods.

19. The Vendor shall consider complaints immediately, not later than within 4 working days from the date of receiving the complaint.

20. Upon considering a complaint, the Vendor shall inform the Ordering Party about his decision by e-mail or telephone.

21.The Vendor shall replace damaged goods with products free of defects, whereas in the case when it is not possible, the Vendor shall refund the incurred costs to the Ordering Party, or offer another product available in the offer of the Store.

 

ARTICLE 8
PRIVACY POLICY

1. The data collected within the Store shall constitute a set of data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 1997 no. 133 Item 883) and shall be reported to the Inspector General for the Protection of Personal Data.

2. The Ordering Party shall give his consent to processing of his personal data by the Vendor.

3. The collected data are administered by the Vendor, i.e. Filip Ludka Projektowanie.

4. The data have to be made available for the Vendor in the process of order placement in the Store for the purpose of its proper processing.

5. The Vendor shall be the sole administrator of the data and information collected on the Website.

6. Personal data collected by the Vendor shall not be made available to any third parties, unless:
a) the user gives his consent for such disclosure;
b) upon the request of an authorised body (police, prosecutor’s office, courts, etc.) – in the case of suspected violation of law by the Ordering Party;

7. Personal data are protected by the Vendor from being made available to unauthorised persons, as well as from other cases of their disclosure, loss or destruction. Security measures applied in accordance with their intended use are used for protection, within the meaning of the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 concerning Personal Data Processing Documentation and Technical and Organisational Conditions which should be Fulfilled by Devices and Computer Systems Used for the Personal Data Processing (Journal of Laws 2004, No. 100, Item 1024).

8. The personal data collected by the Vendor shall be used exclusively for the purpose of proper order processing.

9. Each unit whose data are collected shall have the right to watch and modify their content.

10. Each unit whose data are collected shall have the right to request cessation of his personal data processing, as well as the removal of such data from the database of the Website.

11. The Vendor shall not be liable for any damages arising as a result of disclosing the data concerning a unit to any unauthorised parties by such unit.

12. The Vendor shall not be liable for any damages arising as a result of unlawful disclosure of personal data to any third parties who obtained such data by committing a prohibited act.

 

ARTICLE 9
FINAL PROVISIONS

1. The Ordering Party hereby acknowledges that some of the offered products are executed manually, which prevents the possibility of executing an accurate duplicate of their appearance. The differences may concern colour, shape or pattern.

2. The Ordering Party shall be obliged to receive the ordered goods and settle amounts due for the ordered goods in accordance with the Regulations. The Ordering Party may refuse to accept the ordered goods only in the case of noticing damage when receiving the shipment.

3. All information, product photos and manufacturer trademarks are protected by copyrights. It is forbidden to copy, distribute, use for commercial purpose or present them without the approval of their owners.

4. The Regulations shall be effective upon their publication on the Store website.

5. The Vendor shall reserve the right to introduce changes in the content of the Regulations. The Vendor shall inform about any amendments to the Regulations through the Store website.

6. The Ordering Party shall have the right to inspect the content of the Regulations without any additional fees. The Regulations are placed on the Store website in the tab „Regulations”.

7. The publication of the Regulations in any other location than on the Website shall be approved in writing by the Vendor.

8. The Ordering Party shall have the right to record the provisions of the Regulations by copying or printing the content of the Regulations at any time.

9. In the event of a lack of appropriate provisions of the Regulations to address a particular issue, the provisions of Polish law shall be applicable, including in particular the Act of 23 April 1964. Civil Code (Uniform text: Journal of Laws 2014.121), Act of 30 May 2014 on Consumer Rights.

10. In the case when a court or another relevant body decides that the Regulations are non-compliant with the Polish law or principles of social coexistence, the provisions of Polish law shall be applicable, including in particular the Act of 23 April 1964, instead of the non-compliant provision. Civil Code (Uniform text: Journal of Laws 2014.121), Act of 30 May 2014 on Consumer Rights. The provisions of the Regulations which have not been found to be non-compliant with the Polish law or principles of social coexistence shall remain effective and in force.

11. Any disputes arising in connection with the Regulations shall be settled amicably by the Parties, and in the event of a lack of amicable resolution, the court of competent jurisdiction in the place of residence or registered office of the Defendant shall be the relevant body for settling such dispute.

 

Placing an order shall be understood as the approval of the provisions of these Regulations.