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Terms and Conditions
Terms and connditions of the online store t-ink.ink
I. General provisions
- These Regulations define the general conditions and methods of providing Services electronically and sales conducted via the Online Store. www.t-ink.inkThe Store is operated by FOUNDACJA JK PROJECT, conducting business activity under the name FUNDACJA JK PROJECT, entered into the register of entrepreneurs of the Central Registration and Information on Business maintained by the minister responsible for economy at UL. PÓŁWIEJSKA 17/26, 61-888 POZNAŃ, EU VAT ID:PL783-191-88-33, REGON 540442040, hereinafter referred to as the Seller.
- Contact with the Seller takes place via:
- e-mail address: SHOP@T-INK.INK
- contact form available on the Online Store website.
- These Regulations are continuously available on the T-INK.INK website, enabling their acquisition, reproduction and recording of their content by printing or saving on a medium at any time.
- The Seller advises that the use of Services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and firewalls.
II. Definitions
The terms used in the Regulations mean:
- Business days – these are days from Monday to Friday, excluding public holidays;
- Client – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organisational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
- Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
- Consumer – A customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – A customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Terms and Conditions – this document;
- Commodity – a product presented in the Online Store, the description of which is available for each of the presented products;
- Sales agreement – Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for using the Online Store
- The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- a computer or mobile device with Internet access,
- access to e-mail,
- Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x or later,
- enabling Cookies and Javascript in your web browser.
- Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
- The customer is obliged in particular to:
- use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
- use the Online Store in a way that is not burdensome for other Customers and the Seller,
- use all content posted on the Online Store only for personal use,
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. Services
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The Online Store Account Management service is available after registration. Registration is completed by completing and accepting the registration form available on one of the Online Store's pages. The agreement for the provision of the Online Store Account Management Service is concluded for an indefinite period and terminates upon the Customer's request to delete the Account.
- The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). To do so, provide a valid email address or activate the appropriate field in the registration form or order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period and terminates when the Customer submits a request to remove their email address from the Newsletter subscription or unsubscribes using the link provided in the message sent as part of the Newsletter Service.
- The Customer may send a message to the Seller via the contact form. The agreement for the provision of the Service, which involves providing an interactive form enabling Customers to contact the Seller, is concluded for a fixed term and terminates upon the Customer's sending of the message.
- The Seller reserves the right to organize occasional contests and promotions, the terms of which will be posted on the Store's website. Promotions in the Online Store cannot be combined unless the Terms and Conditions of a given promotion state otherwise.
- If the Customer breaches the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for concluding the Sales Agreement
- Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Store are brand new, comply with the Agreement and have been legally introduced to the Polish market.
- If the Seller uses mechanisms for individual price adjustment based on automated decision-making, it shall provide this information to the Consumer each time the Order is placed, taking into account the requirements imposed in this respect by the provisions on personal data protection.
- The condition for placing an Order is to have an active e-mail account.
- When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Customer. This confirmation constitutes the Seller's acceptance of the Customer's offer, and upon its receipt by the Customer, a Sales Agreement is concluded.
- The sales contract is concluded in Polish or English, with the content consistent with the Regulations.
VI. Delivery
- Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- via courier;
- delivered to Paczkomat;
- On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The delivery and execution time of the Order is counted in Business Days in accordance with point VII item 2.
- The Seller provides the Customer with proof of purchase.
- If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.
VII. Prices and payment methods
- The prices of the Goods are given in Polish zlotys or euros, as selected by the Customer, and include all components, including VAT and other fees.
- The customer can choose the following payment methods:
- bank transfer to the Seller's bank account (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
- electronic payment (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed).
- On the Store's website, the Seller informs the Customer of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
- A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
- The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.
- The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
- The right to withdraw from the Contract by the Consumer is excluded in the event of:
- Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the trader has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this;
- A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract;
- A contract in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
- A contract in which the subject of the provision is a Good that spoils quickly or has a short shelf life;
- A contract in which the subject of the provision is a Good delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
- A contract in which the subject of the provision are products which, due to their nature, are inseparably connected with other items after delivery;
- A contract in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
- a Contract in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Contract in respect of additional services or Goods;
- A contract in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- A contract for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
- Contract concluded through public auction;
- Contracts for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of carrying out the repair and the service has already been fully performed with the express and prior consent of the Consumer.
- Contracts for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
- Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the Consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Consumer will lose the right to withdraw from the contract, and the Consumer has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.
- Other exceptions to the right to withdraw from the Agreement are indicated in Article 38, paragraph 2 of the Consumer Rights Act.
- In the event of withdrawal from a Distance Agreement, the Agreement is deemed null and void. Whatever the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. Purchased Goods should be returned to the Seller's address.
- The Seller will immediately, but no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivery. The Seller will refund the payments using the same payment method used by the Consumer, unless the Consumer consents to a different payment method, which will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides proof of sending them back, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
- The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints regarding Goods under warranty
- The Seller undertakes to deliver the Goods in accordance with the Agreement.
- The Seller is liable for the nonconformity of the Goods with the contract under the terms specified in the Consumer Rights Act towards a Customer who is a Consumer and a Customer who is an individual concluding an Agreement directly related to their business activity, if the content of the Agreement indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Register and Information on Business Activity. Warranty towards Entrepreneurs is excluded.
- Complaints arising from the infringement of the Customer’s rights guaranteed by law or under these Regulations should be sent to the following address: FUNDACJA JK PROJECT, UL. PÓŁWIEJSKA 17/26, 61-888 POZNAŃ, e-mail address: SHOP@T-INK.INK.
- To process a complaint, the Customer should send or deliver the Product in question, attaching proof of purchase if possible. The Product should be delivered or shipped to the address indicated in point 3.
- The Seller undertakes to consider each complaint within 14 days of its receipt.
- If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of services by electronic means
- The Customer may submit complaints to the Seller regarding the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: FUNDACJA JK PROJECT, UL. PÓŁWIEJSKA 17/26, 61-888 POZNAŃ, or to the following e-mail address: SHOP@T-INK.INK.
- In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to review each complaint within 14 days of its receipt. If the complaint contains any missing information, the Seller will request that the Customer complete it as necessary within 7 days of the date the Customer receives the request.
XI. Guarantees
- Goods may have a manufacturer's or seller's warranty.
- In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the Store's website.
XII. Extrajudicial methods of settling complaints and pursuing claims
- A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:
- is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
- submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy available on the Store's website.
XIV. Final Provisions
- All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Regulations.
- The provisions contained in these Terms and Conditions concerning Consumers, regarding withdrawal from the contract and complaints, apply to individuals entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. Provisions regarding out-of-court complaint resolution and redress procedures do not apply.
- Any disputes arising between the Seller and the Customer who is a Consumer shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller's registered office.
- In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
- Each Customer will be notified of any changes to these Terms and Conditions through information on the Online Store's home page, which includes a summary of the changes and their effective date. Customers with an Account will also be notified of the changes, along with a summary of the changes, via the email address they provide. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.