TALUKKO ONLINE SHOP
TERMS OF USE

 

These Terms of Use were drawn up on the basis of Article 8(1)(1) of the Act of 18 July 2002 on services rendered electronically (Journal of Laws of 2002, No. 144, Item 1204, as amended) and Article 8 et seq. of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, Item 827 as amended). These Terms of Use are made available free of charge at http://talukko.com and Customers may consult the document prior to entering into a sales agreement.

Definitions:

Shop – online shop run by the Seller which carries out distance sale of products via internet, including via internet portals;

Product page – a page constituting part of an internet portal which provides information on products available in the Shop;

Working days – days between Monday and Friday exclusive of public holidays;

Customer – a natural person, a legal person or an organisational unit not having legal personality that makes a purchase in the Shop;

Consumer – a Customer who is a natural person and concludes a legal transaction with an entrepreneur, including a Product purchase, that is not directly related to their business or professional activity;

Electronic transfer – payment made by the Customer from an online bank account via an online payment system;

Payment processor – entity external to the Seller which acts as an intermediary in payments via bank transfer, by credit card or debit card;

Products – movables included in the Seller’s offer on the Product page, in particular furniture and wood products.

The online shop is operated by Talukko Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań at the following address: ul. Marii Kuncewiczowej 4, 60-461 Poznań, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register (KRS), entry number: 0000621177, taxpayer identification number (NIP): 7792443112, business statistical number (REGON): 364608120, with the share capital of PLN 50,000.00, (hereinafter referred to as the “Seller”).

Customers may contact the Seller by sending an e-mail to the following address: hello@talukko.com or calling the following number: 608 205 156 or filling in the contact form available at: https://talukko.com/kontakt/ or sending a letter to the following address: Talukko Sp. z o.o., ul. Marii Kuncewiczowej 4, 60-461 Poznań.

 

I. General Provisions

1. These Terms of Use specify the terms and conditions of using the Shop, placing orders for Products available in the Shop, delivering ordered Products to the Customer, payment of the selling price, the Customer’s right to cancel orders and withdraw from the agreement and rules concerning making and processing complaints.

2. The activity of the Shop consists in selling Products which are currently on offer and providing Customers with the possibility to place orders for Products published on the Shop’s Product pages. Orders are placed on the portal by registered users or non-registered entities after correctly filling in the order form, including delivery address, data necessary to issue a VAT invoice (name, surname, company name, address of residence, NIP), selected payment method and the ordered Product.

3. Each natural person, legal person or organisational unit not having legal personality can be a Customer.

4. Sale takes place via internet between the parties to the transaction being the person placing the order, i.e. the buyer, and the Seller.

5. Each Customer buying Products offered by the Shop is obliged to read these Terms of Use.

 

II. Placing orders: technical conditions

1. A properly operating device with access to the internet as well as an updated, active and correctly configured e-mail account are necessary to use the functionalities of the Shop.

2. The following are necessary to use the http://talukko.com website, browse products available on the website and place orders for Products:
a) a computer or a similar device with access to the internet and one of the following internet browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) active e-mail account,
c) enabled Cookies and Java Script.

3. If the Customer uses devices or software which do not meet the technical criteria referred to above, the Seller does not guarantee correct operation of the portal and informs that this may have a negative impact on the quality and course of the procedure of placing orders.

4. Customers are forbidden from providing illegal content. If the Seller receives an official notice or a reliable information that stored data provided by the Customer is illegal, the Seller may block access to such data. Should this be the case, the Seller shall not be held liable for violations resulting from reasons attributable to the Customer.
III. Registration

1. The Seller enables registration of users on the internet portal.

2. To register an account in the Shop, it is necessary to fill in the registration form, provide your name, surname, address and e-mail address (which is the login to the Shop), password, accept the Terms of Use and give consent to personal data processing within the scope necessary to conclude, draw up, change, terminate and correctly perform the agreement concerning electronically provided services and execute Customer’s orders.

3. Registering in the Shop and using the functionalities of the Shop are free of charge.

4. After registration, the Customer logs in with the use of data provided in the registration form.

5. To remove an account, it is necessary to send an e-mail with a request to the following address: hello@talukko.com.

6. Registering an account is not necessary to place an order in the Shop, but the Seller may organise promotions and competitions for registered Customers.

 

IV. Orders

1. Information on products available for sale in the Shop constitutes an invitation to enter into an agreement within the meaning of Article 71 of the Polish Civil Code.

2. Customers’ orders are accepted 24 hours a day, 7 days a week.

3. To place an order using the form available on the website, choose the Product you wish to order from the Product page, click the “go to store” button, choose the colour of cubicle(s), i.e. removable open shelves, for products from the Koobik collection, click the “add to cart” button and choose the delivery option for the ordered Product (including the option to have the product carried in), fill in the order form, choose the payment method, accept the terms of use, confirm the order by clicking the “confirm and pay” button and add any significant information in the COMMENTS box. The order is placed once the Customers clicks the “confirm and pay” button.

4. The Seller will confirm each order by sending the Customer a document confirming the price and purchase terms and conditions. The confirmation will be sent to the e-mail address provided by the Customer.

5. The order confirmation sent by the Seller to the e-mail address provided by the Customer constitutes a declaration that the order referred to above was accepted.

6. If ordered Products are not available in the warehouse, at the Shop’s suppliers or it is impossible to execute the Customer’s order for other reasons, the Seller shall notify the Customer thereof within fourteen (14) days as of the date of placing the order. Should this be the case, the Customer has the right to decide whether they agree for the order to be executed on the date suggested by the Seller or wises to withdraw from the agreement. In the event of withdrawal from the agreement, the Seller shall reimburse the Customer with the amount paid in connection with the conclusion of the agreement. Suitable notice will be sent to the e-mail address provided by the Customer in the order form. The foregoing provisions in no way limit the Customer’s right to withdraw from the agreement referred to in part VII of the Terms of Use.

7. The Customer may decide to have the order delivered via courier service with an extra paid possibility to have the Product carried in, or collect the Product personally. The Seller reserves the right to exclude certain forms of delivery for some Products and such information will be provided on the Product page. Given the size of a particular piece of furniture, the Customer should ensure additional person(s) to carry it into the building.

 

V. Product price and payment methods
1. The price of each Product is binding at the moment the Customer places the order. Prices are VAT inclusive (at 23%) and exclusive of delivery costs.

2. The Customer specifies the Product delivery method in the order. Information on delivery costs is available on the Product page.

3. Delivery costs will be added to the price when the order is being placed depending on the ordered Product and Customer’s choice as to the delivery method.

4. Before the order is placed, the total price the Customer will have to pay for the order, including all additional costs, including delivery costs, will be shown.

5. The Seller reserves the right to introduce changes to Product prices and to launch and cancel any and all types of promotions and sales. The right referred to in the previous sentence does not affect orders placed before the date on which price changes and terms and conditions of promotions and sales become effective.

6. Payments for ordered products can be made in the following ways:
a) via electronic bank transfer using one of the electronic payment systems accepted by the Shop – the processing of the order starts after the Shop receives a confirmation from the payment operator that the transaction was successfully completed;
b) via bank transfer – processing of the order starts after the payment is credited to the Seller’s bank account; subject to the requirement that the payment should be made within 7 days as of the date of placing the order in the Shop, otherwise the order will not be processed and any amounts paid shall be reimbursed.
7. Payments for orders to be delivered outside Poland must be made via electronic transfer using one of the electronic payment systems accepted by the Shop. Processing of the order starts after the Seller receives a confirmation from the payment operator that the transaction was successfully completed.

8. If the Customer fails to make the payment via electronic bank transfer using one of the electronic payment systems accepted by the Shop immediately after placing the order and being redirected to the website of the Payment processor, the purchase agreement is deemed not to have been concluded.

9. The Product will be released within the term specified in the order confirmation, which will take place no later than within forty two (42) days as of concluding the agreement, subject to prior payment for the Product by the Customer. The Seller shall immediately inform the Customer of any and all obstacles affecting the lead time by sending an e-mail to the address provided by the Customer. Should the release of the product take more than 42 days, the Seller shall contact the Customer. Should this be the case, the parties may agree on a different date or the Consumer may withdraw from the agreement.
VI. Complaints
1. The Seller is obliged to release the Product free of defects, i.e. the Product:
a) has properties that an item of this kind should have given its purpose specified in the agreement or resulting from the circumstances or intended purpose;
b) has properties of which the Seller assured the Customer, including by presenting a sample or model;
c) is fit for the purpose which the Customer informed the Seller of when concluding the agreement and the Seller did not express any reservations;
d) is complete when released to the Customer.

2. If the delivered Product is found to be faulty, the Consumer may use – at their own discretion – rights under warranty, provided that warranty was granted, and rights under statutory warranty. Rights under warranty and statutory warranty apply independently from one another. The Seller’s liability towards a Customer who is not a Consumer is limited to liability arising under the warranty granted.

3. The Customer should inform the Seller of any defects they discover. If it is necessary to send the Product back to the Shop, the Seller shall inform the Consumer within 14 days as of making the complaint. If possible, the Product should be companied by a purchase confirmation and description of the complaint. Complaints may be sent electronically to: hello@talukko.com or in writing to the address of the Shop. Complaints should include in particular a description which constitutes the main reason for the complaint and e-mail address or postal address of the Customer filing the complaint.

4. The Consumer may file a declaration on price reduction or withdrawal from the agreement, unless the Seller immediately and replaces the faulty Product with one that is free of defects or such defects are removed without excessive inconvenience for the Consumer. The foregoing does not apply if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item with one that is free of defects or remove such defects.

5. Instead of having the defect removed by the Seller as suggested by the Seller, the Consumer may request that the Product be replaced with one that is free of defects or request that the defects be removed instead of replacing the Product, unless bringing the Product into conformity with the agreement in the way selected by the Consumer is impossible or would require incurring excessive costs as compared to the way suggested by the Seller.

6. The reduced price should correspond to the value of the defective Product. The Consumer may not withdraw from the agreement if the defect is insignificant.

7. The Seller shall immediately, but not later than within 14 days as of the date of receiving the claimed Product, respond to the claim and inform the Customer of further steps to be taken. The Seller shall immediately inform the individual who made the claim of the result of processing the claim in writing or via e-mail sent to the address provided in the claim.

8. A civil law dispute between the Consumer and the Seller concerning the Product may be settled amicably in out-of-court consumer dispute resolution proceedings before an arbitration court run by the Provincial Inspectorate of Trade Inspection [Wojewódzki Inspektorat Inspekcji Handlowej]. Consumers may attempt to settle disputes via the ODR platform (ec.europa.eu/odr). Moreover the Consumer may seek relief in connection with the agreement in court.

 

VII. The right to withdraw from the agreement without giving any reason

1. According to the act of 30 May 2014 on consumer rights (Journal of Laws of 2014, Item 827, as amended), the Consumer may withdraw from the agreement without giving any reason within 14 days as of the date of receipt of delivery. The Consumer should make a statement on withdrawal from the agreement and return the Product to the Shop. To make the statement of withdrawal, the Consumer may use the form below these Terms of Use, but this is not obligatory. The deadline is considered to be met if the Consumer sends the statement of withdrawal in writing to the Seller’s address not later than on the last day of the 14-day period. After receiving the statement on withdrawal, the Seller shall immediately confirm its receipt by sending information to the Consumer’s e-mail address.

2. Products should be returned unaltered, unless an alteration was necessary in the course of ordinary handling, i.e. the Consumer should handle the Product having regard to the possibility of having to return it. The Consumer is responsible for reducing the value of the Product as a result of using the Product in a way which exceeds its use for the purpose of stating the nature, properties and functioning of the Product.

3. The Consumer’s right to withdraw from the agreement does not apply if the Product is non-prefabricated and was made to the consumer’s specifications or its purpose is to meet the Consumer’s individual needs.

4. The returned Product should be sent back within 14 days as of the date of withdrawal.

5. The Shop immediately reimburses the price for the Product (not later than within 14 days), subject to the provisions stipulated in part VIII of these Terms of Use (Reimbursement).

6. The Consumer shall incur the costs of returning the Product if the Consumer exercises their right to withdraw from the agreement specified herein, unless the Product is returned due to nonconformity with the order or if it is damaged.

VIII. Reimbursement

1. If the Seller is obliged to reimburse any amounts paid by the Customer for the benefit of the Seller, this should take place within a maximum of 14 days. However, the Seller may withhold the reimbursement of payment until the Customer has provided a confirmation of sending the Product back.

2. Amounts paid by card or electronic transfer will be reimbursed by making a payment to the bank account from which the payment was made.

3. If payment was made on delivery or if – due to reasons not attributable to the Seller – it is impossible to identify the bank account from which the payment was made, the price shall be reimbursed to the bank account provided by the Customer after being requested to do so. Should there be no such possibility, the funds shall be reimbursed via postal order.

4. The Seller shall not be held liable for failure to reimburse funds or a delay in doing so if this was due to the fact that the Customer provided wrong personal data (name, surname, address) or a wrong bank account number.

IX. Personal Data Protection

1. The Seller is the Administrator of Personal Data. The Seller processes personal data exclusively for the purpose of performing the agreement, unless the Customer makes an additional declaration. Providing personal data by the Customer is voluntary. However, failure to grant consent to their processing makes it impossible for the Seller to execute orders. The Customer is responsible for providing incorrect personal data.

2. Personal data are protected according to the Personal Data Protection Act of 29.08.1997 (consolidated text: Journal of Laws No. 101 of 2002, Item 926, as amended) in a way preventing unauthorised access.

3. The Customer has the right to view their personal data, correct them and demand that these data no longer be processed.

4. If the Customer gives additional consent, their personal data will be processed by the Seller, the aim being to inform the Customer about new Products, promotions and services available in the Shop.

 

X. Final Provisions

1. The Customer and the Seller conclude a sales agreement.

2. The Seller shall not be held liable for errors in processing the Customer’s orders or other arising from failure to provide correct data on the part of the Customer.

3. Disputes arising between the Customer and the Seller shall be settled by a competent court having jurisdiction over the Seller’s registered office. With respect to Consumers, such disputes shall be settled by a competent court according to generally applicable provisions of law.

4. Provisions of the Polish law, in particular the Civil Code and the Act on consumer rights, shall apply in matters not regulated in these Terms of Use.

5. These Terms of Use become effective on 18 August 2017.

6. The Seller reserves the right to change these Terms of Use. Amendments hereto do not affect Customer’s acquired rights.