TERMS AND CONDITIONS OF THE ONLINE SHOP
t-pack.net
Table of contents:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONCLUSION OF CONTRACT
4. RIGHT OF WITHDRAWAL
5. PRICES AND TERMS OF PAYMENT
6. COST, METHODS, AND DELIVERY TIME
7. PRODUCT COMPLAINTS
8. ALTERNATIVE DISPUTE RESOLUTION AND ACCESS TO THESE PROCEDURES
9. PROVISIONS RELATING TO BUSINESSES
10. FINAL PROVISIONS
11. REVIEWS IN THE ONLINE STORE
12. MODEL WITHDRAWAL FORM
13. PRIVACY POLICY
1. GENERAL PROVISIONS
1.1. The Online Store available at www.t-pack.pl is operated by Tomasz Kaszczyński, trading under the name TOMASZ KASZCZYŃSKI, TNT LABEL, registered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, conducted by the minister responsible for economic affairs. Registered address of the business: ul. Stawowa 36, Osiek Mały, 62-613 Osiek Mały, and correspondence address: ul. Marii Konopnickiej 16/1, 60-771 Poznań. VAT Number: 6662034277, REGON: 301564936, email address: info@t-pack.pl, telephone number: +48 733 354 800.
1.2. Application of the Terms and Conditions
These Terms and Conditions are directed both to consumers and to business entities using the Online Store (except for clause 9, which applies exclusively to business customers).
1.3. Data Controller
The controller of personal data processed in connection with the execution of the provisions of these Terms and Conditions is the Service Provider. Personal data is processed for the purposes, to the extent, and in accordance with the rules indicated in the Privacy Policy published on the Online Store's website. Providing personal data is voluntary. Every individual whose personal data is processed by the Service Provider has the right to access, update, and correct their data.
1.4. Definitions
1.4.1. BUSINESS DAY – any day from Monday to Friday, excluding public holidays in England.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows the creation of a customer account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an order, especially by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that has legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code of Poland dated 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Service Recipient, where data provided by the Service Recipient and information about orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, a distribution service provided by the Service Provider via e-mail, which allows all Service Recipients to automatically receive successive editions of a newsletter containing information about Products, new arrivals, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – the Online Store operated by the Service Provider at t-pack.net
1.4.11. SELLER; SERVICE PROVIDER – Tomasz Kaszczyński, operating under the name TNT LABEL, registered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland. Business address: ul. Stawowa 36, Osiek Mały, 62-613 Osiek Mały, and correspondence address: ul. Marii Konopnickiej 16/1, 60-771 Poznań. VAT Number: 6662034277, REGON: 301564936, email address: info@t-pack.pl, telephone number: +48 733 354 800.
1.4.12. SALES AGREEMENT – a sales contract for a Product concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to whom legal capacity is granted by law, using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Consumer Rights Act 2015, which regulates the protection of consumers in the UK, and any other relevant laws applicable to consumer transactions.
1.4.16. ORDER – a declaration of will made by the Customer via the Order Form and aiming directly at concluding a Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – Using the Account is possible after the Service Recipient completes two consecutive steps: (1) filling in the Registration Form, and (2) clicking the "Register" button. The Service Recipient must provide the following information in the Registration Form: first name, last name, email address, and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing a reason, delete the Account (terminate the use of the Account) by sending a relevant request to the Service Provider, in particular via email to info@t-pack.pl or in writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań.
2.1.2. Order Form – The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two consecutive steps: (1) filling in the Order Form, and (2) clicking the "Order and Pay" button on the Online Store website after filling in the Order Form – until this point, the Customer can modify the entered data. To do this, follow the prompts and information available on the Online Store’s website. The Customer must provide the following information in the Order Form: name and surname/business name, address (street, house/flat number, postal code, city, country), email address, contact telephone number, and information about the Sales Agreement: Product(s), quantity of Product(s), delivery address, and payment method. In the case of non-consumer Customers, it is also necessary to provide the business name and VAT number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is a one-time service that ends when the Order is placed via the form or when the Service Recipient stops placing the Order through the form.
2.1.3. Newsletter – Using the Newsletter occurs when the email address is provided in the "Newsletter" section visible on the Online Store website, and the "Subscribe" button is clicked. Subscribing to the Newsletter can also be done by ticking the appropriate checkbox during Account registration – once the Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing a reason, unsubscribe from the Newsletter (terminate the use of the Newsletter) by sending a relevant request to the Service Provider, in particular via email to info@t-pack.pl or in writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań.
2.2. Technical Requirements for working with the Service Provider's teleinformatics system: (1) a computer, laptop, or another multimedia device with Internet access; (2) access to email; (3) an Internet browser such as Mozilla Firefox version 17.0 and higher, Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, or Microsoft Edge version 25.10586.0.0 and higher; (4) the recommended minimum screen resolution: 1024x768; (5) enabling the storage of Cookies and Javascript support in the Internet browser.
2.3. The Service Recipient is required to use the Online Store in a manner consistent with the law and good morals, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient must provide accurate data. The Service Recipient is prohibited from delivering illegal content.
2.4. Complaint Procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider, and other complaints related to the operation of the Online Store (excluding Product complaints, which are addressed in clause 6 of the Terms and Conditions), may be submitted by the Service Recipient in the following ways:
- 2.4.2. In writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań;
- 2.4.3. In electronic form via email to: info@t-pack.pl.
2.4.4. It is recommended that the Service Recipient provides the following information in the complaint description: (1) details and circumstances regarding the subject of the complaint, particularly the type and date of occurrence of the irregularity; (2) the Service Recipient’s request; and (3) contact details – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.5. The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.
3. CONCLUSION OF CONTRACT
3.1. The product descriptions contained in the Seller's online store represent not constitute binding offers on the part of the seller, but serve to submit of a binding offer by the customer.
3.2. The customer can make the offer via the integrated in the online store of the seller Submit online order form. In doing so, the customer enters the selected Goods placed in the virtual shopping cart and the electronic ordering process the order process by clicking on the button that concludes the order process legally binding contract offer with regard to the goods contained in the shopping cart Goods from. Furthermore, the customer can also make the offer by phone or e-mail to the seller.
3.3. The seller may accept the customer's offer within five days,
- by providing the customer with a written order confirmation or a Confirmation of order in text form (fax or e-mail), whereby in this respect the Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods is decisive for the customer, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded in the Time at which one of the aforementioned alternatives occurs first. The deadline to accept the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the Dispatch of the offer follows. If the seller accepts the offer of the customer within aforementioned deadline, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
3.4. When submitting an offer via the Seller's online order form, the Seller shall the text of the contract after the conclusion of the contract is stored by the seller and the customer after sending his order in text form (e.g. e-mail, fax or letter) transmitted. Any disclosure of the text of the contract beyond this by the seller does not take place. If the customer before sending his order a User account in the online store of the seller has set up, the order data archived on the website of the seller and can be accessed by the customer via its password-protected user account by providing the corresponding login data can be accessed free of charge.
3.5. Before binding submission of the order via the online order form of the Seller, the customer can avoid possible input errors by carefully reading the information provided on the information displayed on the screen. An effective technical means for better recognition of input errors, the magnification function of the Browser, with the help of which the display on the screen is enlarged. Its The customer can make entries in the electronic ordering process via correct the usual keyboard and mouse functions, until he completes the order process final button is clicked.
3.6. The order processing and contact usually take place by e-mail and automated order processing takes place. The customer has to make sure that the information provided by him e-mail address provided for order processing is correct, so that under this Address the e-mails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all by the seller or by third parties commissioned by the seller to process the order sent e-mails can be delivered.
4. RIGHT OF WITHDRAWAL
(Applicable to Sales Agreements concluded after 25 December 2014)
4.1. Right to Withdraw
A consumer who has entered into a distance contract has the right to withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in clause 8.8 of the Terms and Conditions. To meet the deadline for withdrawal, it is sufficient to send a statement before the withdrawal period has expired. The withdrawal statement can be submitted, for example:
- 4.1.1. In writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań;
- 4.1.2. Electronically via email to: info@t-pack.pl.
4.2. Model Withdrawal Form
A sample withdrawal form is provided in Annex 2 to the Consumer Rights Act 2015 and is also available in clause 11 of the Terms and Conditions and on the Online Store's website in the section concerning withdrawal rights. The consumer may use the sample form, but it is not obligatory.
4.3. Commencement of the Withdrawal Period
The withdrawal period starts:
- 4.3.1. For a sales contract under which the Seller transfers or is obliged to transfer ownership of the Product(s) (e.g., Sales Agreement), from the moment the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product(s). In the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or parts, the withdrawal period begins when the last Product, batch, or part is taken into possession; or (2) involves the regular delivery of Products over a specified period, from the time the first Product is taken into possession.
- 4.3.2. For other contracts, from the date the contract is concluded.
4.4. Effects of Withdrawal
In the event of withdrawal from a distance contract, the contract is considered null and void.
4.5. Seller’s Obligation to Refund
The Seller is obliged to promptly, but no later than 14 calendar days from the day of receiving the consumer's withdrawal statement, refund all payments made by the consumer, including the cost of delivering the Product (excluding additional costs resulting from the consumer's choice of a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller will refund the payments using the same method of payment as the consumer used, unless the consumer expressly agrees to another method that does not incur any costs for the consumer. If the Seller does not offer to collect the Product from the consumer, they may withhold the refund until they receive the Product back or proof that the Product has been returned, whichever occurs earlier.
4.6. Consumer’s Obligation to Return the Product
The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller without undue delay, but no later than 14 calendar days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before the 14-day period has expired. The consumer may return the Product to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań.
4.7. Liability for Diminished Value
The consumer is liable for any diminished value of the Product resulting from the use of the Product in a manner exceeding what is necessary to establish its nature, characteristics, and functioning.
4.8. Potential Costs Related to Withdrawal
The consumer may be liable for the following costs related to withdrawal:
- 4.8.1. If the consumer chose a delivery method for the Product other than the least expensive standard delivery method offered in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
- 4.8.2. The consumer is responsible for the direct costs of returning the Product.
- 4.8.3. In the case of a Product that is a service, if the consumer requested that the service begin before the end of the withdrawal period, and then exercises the right of withdrawal, the consumer is required to pay for the services provided until the time of withdrawal. The amount payable is calculated proportionally to the extent of the services already provided, taking into account the agreed total price or remuneration. If the total price or remuneration is excessive, the calculation is based on the market value of the provided service.
4.9. Exemptions from the Right to Withdraw
The right of withdrawal does not apply to the consumer in the case of contracts:
- 4.9.1. For the provision of services, where the Seller has fully performed the service with the consumer's explicit consent, and the consumer was informed before the performance began that they would lose the right to withdraw once the service had been fully performed;
- 4.9.2. In which the price or remuneration depends on fluctuations in the financial market, which the Seller cannot control, and which may occur before the end of the withdrawal period;
- 4.9.3. For the supply of a non-prefabricated Product that has been made according to the consumer's specifications or is clearly personalized to meet their individual needs;
- 4.9.4. For the supply of Products that are liable to deteriorate or expire rapidly;
- 4.9.5. For the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery;
- 4.9.6. For the supply of Products which, after delivery, become inseparably mixed with other items due to their nature;
- 4.9.7. For the supply of alcoholic beverages, the price of which was agreed at the time of concluding the Sales Agreement, but which can only be delivered after 30 days and whose actual value depends on market fluctuations beyond the Seller's control;
- 4.9.8. Where the consumer has specifically requested a visit from the Seller to carry out urgent repairs or maintenance. If, during such a visit, the Seller provides services in addition to those specifically requested by the consumer, or supplies Products other than replacement parts necessary for the repair or maintenance, the right to withdraw applies to those additional services or Products;
- 4.9.9. For the supply of audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
- 4.9.10. For the supply of newspapers, periodicals, or magazines, except for subscription contracts;
- 4.9.11. Concluded at a public auction;
- 4.9.12. For the provision of accommodation services, the transport of goods, car rental services, catering, or services related to leisure activities, where the contract specifies a particular date or period of performance;
- 4.9.13. For the supply of digital content that is not delivered on a tangible medium, if the performance has begun with the consumer's explicit consent before the end of the withdrawal period and after the Seller has informed them that they will lose the right to withdraw from the contract.
4.10. Withdrawal Procedure:
- 4.10.1. The Customer has the right to withdraw from the contract within 14 calendar days without giving a reason. To withdraw from the contract, the Customer must submit a withdrawal statement, which can be sent:
- In writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań;
- Electronically to the email address: info@t-pack.pl.
- 4.10.2. After withdrawing from the contract, the Customer must return the Product at their own expense within 14 days to the following address: ul. Marii Konopnickiej 16/1, 60-771 Poznań.
- 4.10.3. The Seller will refund all payments related to the purchase, including delivery costs (except for any additional costs incurred if the Customer chose a delivery method other than the least expensive standard delivery method offered by the Seller) within 14 days from receiving the withdrawal statement.
- 4.10.4. The refund will be made using the same payment method as used by the Customer, unless the Customer agrees to a different method, which does not incur any additional costs.
- 4.10.5. The Seller may withhold the refund until the Product is received back or the Customer provides proof of returning the Product.
5. PRICES AND TERMS OF PAYMENT
5.1. Unless otherwise stated in the product description of the seller, the prices indicated are total prices which do not include the statutory Sales tax included. If applicable, additional delivery and other charges shall be Shipping costs are indicated separately in the respective product description.
5.2. In the case of deliveries to countries outside the European Union, the following may apply in individual cases further costs are incurred for which the seller is not responsible and which are to be borne by the customer are to be borne. These include, for example, costs for the transmission of money by Credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the money transmission even if the delivery is not made to a country occurs outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3. The payment option(s) is/are offered to the customer in the online store of the Seller notified.
5.4. If prepayment by bank transfer is agreed, payment is due immediately after Due upon conclusion of the contract, unless the parties have agreed on a later due date
5.5. When paying by means of a payment method offered by PayPal, the Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), at Applicability of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6. If the payment method "SOFORT" is selected, the payment is processed via the Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer via an online banking account activated for participation in "SOFORT with PIN/TAN procedure, to legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. More information about the payment method "SOFORT" can the customer on the Internet retrieve at https://www.klarna.com/sofort/
6. COST, METHODS, AND DELIVERY TIME
6.1. Delivery Costs
The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal services fees) are indicated to the Customer on the Online Store's information page regarding delivery costs and during the Order process, including when the Customer expresses the intention to be bound by the Sales Agreement.
6.2. Delivery Methods
The Seller provides the Customer with the following methods of delivery or collection of the Product:
- 6.2.1. Courier service, cash on delivery (COD) courier service;
- 6.2.2. Pallet delivery.
6.3. Delivery Time
The delivery time of the Product to the Customer is up to 7 Working Days, unless a shorter period is specified in the description of the Product or during the Order process. In the case of Products with different delivery times, the delivery time is the longest specified period, but it cannot exceed 7 Working Days. The start of the delivery period for the Product to the Customer is calculated as follows:
- 6.3.1. If the Customer chooses bank transfer, electronic payment, or card payment as the payment method – from the day the Seller's bank account or settlement account is credited.
- 6.3.2. If the Customer chooses cash on delivery – from the day the Sales Agreement is concluded.
7. PRODUCT COMPLAINTS
7.1. Basis and Scope of Seller’s Liability
The basis and scope of the Seller's liability to the Customer for a Product that has a physical or legal defect (warranty) are determined by the applicable law, in particular, the Consumer Rights Act 2015 and other relevant legislation in England and Wales. For sales contracts concluded before 24 December 2014, the basis and scope of the Seller's liability to a Customer who is a consumer (purchasing a Product not related to their trade or business) are determined by applicable legal provisions, in particular the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
7.2. Obligation to Deliver Defect-Free Products
The Seller is obliged to deliver the Product to the Customer without defects. Detailed information about the Seller’s liability for Product defects and the Customer’s rights are available on the Online Store's website in the section dedicated to complaints.
7.3. How to Submit a Complaint
The Customer may submit a complaint regarding a Product by:
- 7.3.1. In writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań;
- 7.3.2. Electronically via email to: info@t-pack.pl.
7.4. Recommended Information in Complaints
It is recommended that the Customer provide the following information in the complaint description: (1) details of the complaint, including the nature and date of the defect; (2) a request for how the Product should be brought into compliance with the sales contract (e.g., repair, replacement, price reduction, or withdrawal from the sales contract); and (3) the Customer’s contact details. These recommendations are not mandatory and do not affect the effectiveness of the complaint if omitted.
7.5. Seller’s Response to the Complaint
The Seller will respond to the Customer’s complaint promptly, but no later than within 14 calendar days from the date of its submission. If the Seller does not respond within this period, the complaint will be considered justified.
7.6. Returning the Defective Product
A Customer exercising their warranty rights must deliver the defective Product to the Seller at the Seller’s expense to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań. If, due to the nature of the Product or its installation, it would be excessively difficult for the Customer to deliver the Product, the Customer must make the Product available to the Seller at its location.
7.7. Complaint Procedure
- 7.7.1. The Customer may submit complaints about a Product’s non-compliance with the sales contract in writing to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań, or electronically via email to: info@t-pack.pl.
- 7.7.2. In the complaint, the Customer should describe the issue, provide the purchase date, include proof of purchase, and state their preferred remedy (e.g., repair, replacement, price reduction, or withdrawal from the contract).
- 7.7.3. The Seller will respond to the complaint promptly, but no later than 14 calendar days from the date of its submission. If the Seller does not respond within this period, the complaint will be considered accepted.
- 7.7.4. A Customer exercising their right to make a complaint must return the defective Product to the Seller at the Seller’s expense to the address: ul. Marii Konopnickiej 16/1, 60-771 Poznań.
8. ALTERNATIVE DISPUTE RESOLUTION AND ACCESS TO THESE PROCEDURES
8.1. Information on Alternative Dispute Resolution (ADR)
Detailed information regarding the Customer’s ability to use alternative dispute resolution methods (ADR) for resolving complaints and claims, as well as access to these procedures, is available from local authorities, such as Citizens Advice, Trading Standards, and other consumer protection bodies. Information can also be found on the websites of organisations whose statutory tasks include consumer protection, such as the Citizens Advice Bureau (CAB) and The Chartered Trading Standards Institute (CTSI), as well as from the following links on the UK Government’s website:
- https://www.gov.uk/consumer-protection-rights
- https://www.tradingstandards.uk
- https://www.citizensadvice.org.uk.
8.2. Examples of Alternative Dispute Resolution Procedures Available to Consumers
The following are examples of ADR options available to Customers who are consumers:
8.2.1. Consumer Arbitration
Customers have the right to request arbitration via a consumer arbitration scheme as outlined in the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Arbitration provides a platform where both parties can resolve disputes in a legally binding manner outside the court system.
8.2.2. Mediation Services
Customers are entitled to request mediation services through registered mediation bodies. For example, organisations like CTSI provide mediation services aimed at resolving disputes between consumers and traders. Information on mediation services is available on their websites or at local council offices.
8.2.3. Free Consumer Support
Consumers can also receive free advice on how to resolve disputes with traders through organisations such as the Citizens Advice Bureau or other consumer rights groups. CAB offers free advice through its website, local offices, and helplines. The Citizens Advice Consumer Helpline can be contacted at 0808 223 1133.
8.3. Online Dispute Resolution (ODR) Platform
Consumers may access the EU's Online Dispute Resolution (ODR) platform for disputes between consumers and traders resulting from online sales or service contracts. The ODR platform, available at https://ec.europa.eu/consumers/odr, is an interactive, multilingual online platform designed to help consumers and traders resolve their disputes without going to court.
9. PROVISIONS RELATING TO BUSINESSES
9.1. Applicability
This section of the Terms and Conditions and the provisions within it apply exclusively to Customers and Users who are not consumers as defined under the Consumer Rights Act 2015.
9.2. Right to Withdraw from the Sale Agreement
The Seller reserves the right to withdraw from the Sale Agreement entered into with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Such withdrawal from the Sale Agreement may occur without stating a reason and does not give rise to any claims from the Customer against the Seller.
9.3. Payment Restrictions
In the case of Customers who are not consumers, the Seller reserves the right to limit available payment methods, including requiring advance payment in full or in part, regardless of the payment method initially selected by the Customer or the fact of entering into a Sale Agreement.
9.4. Risk Transfer
At the time the Seller hands the Product over to the carrier, the benefits, burdens, and risks of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such cases, the Seller is not liable for loss, damage, or delays in delivery of the Product once it has been handed to the carrier, in accordance with the Sale of Goods Act 1979.
9.5. Customer’s Duty to Inspect
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the shipment in a manner customary for deliveries of this kind. If the Customer discovers any damage or shortage during the shipment process, they must take all steps necessary to determine the carrier’s liability.
9.6. Exclusion of Liability for Defects
According to Section 6(2) of the Supply of Goods and Services Act 1982, liability for defects in the Product provided to a Customer who is not a consumer is excluded, to the fullest extent permitted by law.
9.7. Termination of Services for Non-Consumers
The Seller may terminate an electronic service agreement with a non-consumer User with immediate effect and without providing reasons by issuing an appropriate statement to the User.
9.8. Limitation of Liability
The Seller’s liability to the Customer or User who is not a consumer, regardless of the legal basis for the claim, is limited to the amount of the paid purchase price and delivery costs under the Sale Agreement, but not exceeding £1,000. The Seller is liable only for foreseeable and typical damages at the time of entering into the contract and does not accept liability for lost profits or indirect damages.
9.9. Jurisdiction
All disputes arising between the Seller and a Customer who is not a consumer are subject to the exclusive jurisdiction of the courts of England and Wales, in accordance with the Civil Procedure Rules 1998 and the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019.
10. FINAL PROVISIONS
10.1. Language of Contracts
Contracts concluded through the Online Store are entered into in Polish, unless otherwise agreed between the parties.
10.2. Amendments to the Terms and Conditions
10.2.1. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, such as changes in law, modifications to payment methods or delivery methods, to the extent that these changes affect the performance of these Terms and Conditions.
10.2.2. For contracts of a continuous nature (e.g. provision of an Electronic Service – Account), the amended Terms and Conditions shall be binding on the Customer if the requirements of Section 19 of the Consumer Rights Act 2015 are met. This includes the Customer being properly informed of the changes and not terminating the agreement within 14 calendar days from the date of notification. In the event that any amendment to the Terms and Conditions results in the introduction of new fees or an increase in current fees, the Customer, being a consumer, has the right to withdraw from the contract.
10.2.3. For contracts other than continuous contracts (e.g. Sale Agreements), any amendments to the Terms and Conditions will not affect the rights acquired by the Customers who are consumers prior to the effective date of the changes. Specifically, any amendments to the Terms and Conditions will not affect orders already placed or agreements already concluded, performed, or executed under the previous version of the Terms and Conditions.
10.3. Applicable Law
In matters not regulated by these Terms and Conditions, the provisions of applicable English law shall apply, in particular the Consumer Rights Act 2015, the Supply of Goods and Services Act 1982, and the Electronic Commerce (EC Directive) Regulations 2002. For Sale Agreements entered into before 1 October 2015, the provisions of the Sale of Goods Act 1979 and other relevant consumer protection legislation shall apply.
11. REVIEWS IN THE ONLINE STORE
11.1. Submission of Reviews
Customers of the Online Store have the option to voluntarily and free of charge submit reviews regarding purchases made in the Online Store. Reviews may include ratings, comments, images, or assessments of the purchased products.
11.2. Processing of Reviews
After completing a purchase in the Online Store, the Seller may provide the necessary data to the company responsible for handling the review process. The collection and distribution of review invitations and forms are fully managed by TrustMate SA, with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA will send an email to the Customer requesting a review, along with a link to an online form. This form allows the Customer to answer questions regarding their purchases, leave a rating, write a description, and upload images of the purchased product. If no review is submitted after the initial request, TrustMate may send a follow-up invitation.
11.3. Eligibility to Submit Reviews
Only customers who have actually purchased products in the Seller's Online Store may submit reviews.
11.4. Publication of Reviews
Reviews submitted by Customers will be published by the Seller on the Online Store's website and also on the TrustMate.io platform.
11.5. Lawful Use of Reviews
The submission of reviews by Customers must not be used for unlawful activities, particularly any actions constituting unfair competition towards the Seller or actions infringing upon the personal rights, intellectual property rights, or other legal rights of the Seller or third parties.
11.6. Authenticity of Reviews
Reviews may only be submitted for genuinely purchased products from the Seller's Online Store. It is prohibited to submit reviews based on fictitious or fraudulent sales agreements. Furthermore, the Seller or its employees, regardless of the type of employment, may not submit reviews.
11.7. Right to Delete Reviews
The author of a review may delete their review at any time.
12. MODEL WITHDRAWAL FORM
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
- To:
TOMASZ KASZCZYŃSKI, TNT LABEL
ul. Marii Konopnickiej 16/1, 60-771 Poznań
t-pack.pl
info@t-pack.pl - I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the supply of the following goods ()/for the provision of the following service ():
[Insert details of goods/services]
- Date of contract/order received (*):
[Insert date of contract or goods received]
- Name of consumer(s):
[Insert name of consumer(s)]
- Address of consumer(s):
[Insert address of consumer(s)]
- Signature of consumer(s): (only if this form is notified on paper)
[Insert signature of consumer(s)]
- Date:
[Insert date of signing]
(*) Delete as appropriate.
13. PRIVACY POLICY
13.1. Data Controller
The Data Controller for personal data collected via the online store is TOMASZ KASZCZYŃSKI, operating under the business name TNT LABEL, located at Stawowa 36, Osiek Mały, 62-613 Osiek Mały, VAT number: 6662034277.
13.2. Purpose of Data Processing
Personal data is processed for purposes necessary to fulfill the order, for communication with the Client, to handle complaints, and for marketing purposes, provided that the Client has given consent (e.g., subscription to the newsletter).
13.3. Rights of the Client
The Client has the right to access, correct, and request the deletion of their personal data. Any queries regarding the processing of personal data can be directed via email to: info@t-pack.pl.
13.4. Data Protection Compliance
Personal data is processed in accordance with the provisions of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 of the European Parliament and of the Council, and the UK Data Protection Act 2018.
13.5. Voluntary Data Provision
Providing personal data is voluntary; however, it is necessary to process and fulfill the order. The Client has the right to lodge a complaint with the Information Commissioner's Office (ICO) if they believe their personal data is being processed in violation of the applicable regulations.