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General Terms & Conditions

Regulations of TukuTuk online Store

Specifying, among others, the rules of concluding sales agreements through the Shop, containing the most important information about the Seller, the Shop and Consumer rights

 

The provisions concerning the Entrepreneur Privileged shall apply to contracts concluded from 1 January 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Making Purchases from the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections
§ 12 Opinions about the Store

Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except for public holidays.
Consumer - a consumer within the meaning of the Civil Code.
Account - regulated by separate regulations free-of-charge function of the Store (service provided electronically), through which the Buyer may set up his account in the Store.
Buyer - any entity buying in store.
Privileged Buyer - Consumer or Privileged Businessman.
Privileged Entrepreneur - a natural person who agrees with the Seller directly related to its business, but does not have a professional character for it (the definition applies to contracts concluded from 1 January 2021).
Regulations - these regulations.
Store - TukuTuk online store operated by the Seller at https://tukutuk.com.
Seller - TukuTuk Sp. z o.o. with headquarters in Płouszowice-Kolonia 137A, 21-008 Jastków, registered in the National Court Register - Register of Entrepreneurs by the District Court Lublin-Wschód in Lublin, with headquarters in Świdnik, under KRS number 0000941738, NIP 7133116604, REGON number 520765705, initial capital 5000,00 PLN.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Płouszowice-Kolonia 137A, 21-008 Jastków
  2. E-mail address: kontakt@tukutuk.com
  3. Phone: +48 502 859 771

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • a device with access to the Internet
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN-STORE

  1. Prices of goods visible in the Store are total prices for the goods.
  2. The Seller points out that the total price of the order consists of the price of the goods indicated in the Store and, if applicable, the cost of delivery of goods.
  3. Goods selected for purchase should be added to the shopping cart in the Store.
  4. Then the Buyer chooses from the available in the store: the method of delivery of goods and method of payment for the order and enters the data necessary to complete the order.
  5. The order is placed when the Buyer confirms its content and accepts the Terms & Conditions.
  6. Placing an order is the same as concluding a contract of sale between the Buyer and Seller.
  7. The Seller shall give the privileged Buyer to confirm the conclusion of a contract of sale on a durable medium at the latest upon delivery of goods.
  8. Buyers may register with the Store, i.e. create an Account, or make purchases without registration by providing their data for each order.

§ 5 PAYMENTS

  1. You can pay for your order, depending on the choice of the Buyer:
    1. by ordinary transfer to the Seller's bank account;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via the payment platform:
      • Shoper Payments*
      • PayPal
      • PayU
    4. cash on delivery, i.e. in cash at the time of delivery of goods to the Buyer*;
    5. in cash at the time of personal collection of the goods*;
  2. If the Buyer decides to pay via the platform Shoper Payments, the online payment service provider is Blue Media S.A.
  3. If the Buyer chooses payment in advance, the order must be paid for within 1 working day of placing the order.
  4. The Seller informs that in the case of some payment methods, due to their specificity, paying for the order using this method is possible only directly after placing the order.
  5. The Buyer making purchases in the store accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

* Applies to the Polish language version and payment in PLN

§ 6 ORDER FULFILLMENT

  1. The Seller is obliged to deliver goods without defects.
  2. The deadline for the implementation of the order is indicated in the Store.
  3. In case the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after it has been paid.
  4. If within one order the Buyer has purchased goods with different lead times, the order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
  5. Countries where the delivery is carried out:
    • Poland
    • Germany
    • Austria
    • Belgium
    • Bulgaria
    • Croatia
    • Cyprus
    • Czechia
    • Denmark
    • Estonia
    • Finland
    • France
    • Greece
    • Spain
    • Ireland
    • Lithuania
    • Luxembourg
    • Latvia
    • Malta
    • Netherlands
    • Portugal
    • Romania
    • Slovakia
    • Slovenia
    • Sweden
    • Hungary
    • Italy
    • United Kingdom
    • Norway
    • Russia
    • Canada
    • USA
  6. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
    1. through a courier company
    2. through the Polish Post Office
  7. The Buyer can pick up the goods in person at the company's headquarters during its opening hours.
  8. In the case of choosing personal collection by the Buyer, the goods will be ready for collection on the indicated date of execution of the order, and if the Seller has indicated the date of shipment of the goods - on that date.

§ 7 RIGHT OF WITHDRAWAL

  1. Preferred the Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The period to withdraw from the contract expires after 14 days from the date:
    1. on which the Priority Buyer came into possession of the goods, or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
    2. on which the Priority Buyer has acquired possession of the last of the goods or on which a third party other than the carrier and nominated by the Priority Buyer has acquired possession of the last of the goods in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately.
  3. For the privileged Buyer to exercise the right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
  4. Preferred Buyer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
  5. To meet the deadline for withdrawal, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

    EFFECTS OF WITHDRAWAL
  6. In case of withdrawal from the concluded contract the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of goods (except for additional costs resulting from the chosen by the privileged Buyer method of delivery other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the decision of the privileged Buyer to exercise his right of withdrawal.
  7. Return of payment the Seller will make using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution, in any case, the privileged Buyer will not incur any fees in connection with this return.
  8. The Seller may withhold payment until it receives the goods or until it is provided with proof of return, whichever event occurs first.
  9. The Seller asks to return the goods to the address: Płouszowice-Kolonia 137A, 21-008 Jastków immediately, and in any case no later than 14 days from the date on which the Buyer privileged to inform the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiry of the 14 days.
  10. The privileged Buyer shall bear the direct costs of returning the goods.
  11. The privileged Buyer is liable only for the diminished value of the goods resulting from the use of the goods in a manner other than necessary to ascertain the nature, characteristics, and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by ordinary mail, the Priority Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
  13. If a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from the agreement concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to the agreement:
    1. in which the subject of the performance is a thing not prefabricated, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
    2. in which the subject of the performance is an item that deteriorates rapidly or -has a short period of usefulness for use;
    3. in which the subject of performance is the thing supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons if the package has been opened after delivery;
    4. in which the subject of the performance are things, which after the delivery, due to their nature, are inseparably connected with other things;
    5. in which the subject of the performance is sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;
    6. for the supply of newspapers, periodicals, or magazines, except for a subscription contract;
    7. in which the price or remuneration depends on fluctuations of 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.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the right to complain about the defective goods based on the warranty or guarantee regulated in the Civil Code, provided that the guarantee was granted.
  2. Using the warranty, the Buyer may, under the terms of the Civil Code:
    1. submit a statement on price reduction,
    2. in case of a significant defect - make a statement on withdrawal from the contract,
    3. demand to replace the item with a defect-free item,
    4. demand removal of defects.
  3. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of issue of goods to the Buyer - under the terms of the Civil Code.
  4. According to the Civil Code, the Buyer who is an entrepreneur other than a Preferred Entrepreneur, loses rights under the warranty if he did not examine the item in the time and manner usual for such type of goods and did not notify the Seller of the defect immediately, and if the defect is revealed only later - if he did not notify the Seller immediately after its discovery.
  5. The Seller asks for submitting complaints under the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
  6. If it turns out that to consider a complaint it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer - at the expense of the Seller, to the address Płouszowice-Kolonia 137A, 21-008 Jastków.
  7. If a warranty has been additionally granted for the goods, information about it and their conditions are available in the product description in the Store.
  8. Complaints regarding the functioning of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  9. Complaints will be considered by the Seller within 14 days.

    OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURE
  10. If the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of a permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for arbitration should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or district consumer ombudsman;
    4. the ODR platform is available online at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as the recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection - "RODO".
  2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    • contract or actions were taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) RODO),
    • the Seller's legal obligation relating to accounting (Article 6(1)(c)) and
    • the Seller's legitimate interest in processing the data to establish, assert or defend potential claims (Article 6(1)(f) RODO).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
  4. The Buyer's data given in connection with purchases in the Shop will be processed until the moment when:
    1. the contract concluded between the Buyer and the Seller ceases to be valid;
    2. the Seller ceases to be legally obliged to process Buyer's data;
    3. there ceases to be a possibility of asserting claims by the Buyer or Seller, related to a contract concluded by the Store;
    4. will be accepted Buyer's objection to the processing of his data - if the basis for data processing was a legitimate interest of the Seller
    – depending on what is applicable in a given case and what will occur at the latest.
  5. The Buyer has the right to request:
    1. access to his data,
    2. rectification,
    3. erasure,
    4. restriction of processing,
    5. data transfer to another administrator
      as well as the right:
    6. to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legally justified interests pursued by the administrator).
  6. To exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  7. If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

  1. It is prohibited for the Buyer to provide content of an unlawful nature.
  2. Each order placed in the Store constitutes a separate contract of sale and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of the order.
  3. Contracts concluded under the Terms and Conditions in Polish, English or German..
  4. In case of a possible dispute with a Buyer who is not a Priority Buyer, the court of competent jurisdiction shall be the court having jurisdiction over the Seller's seat.

§ 12 OPINIONS ABOUT THE STORE

  1. A customer of the Online Store has the opportunity to voluntarily and free of charge issue an opinion regarding purchases made in the Online Store. The subject of the opinion may also be an assessment, a photo or a review of the product purchased from the Online Store.
  2. The Seller, after purchases made at the Online Store, sends an email to the Customer with a request to issue an opinion and a link to an online form for issuing it - the online form allows you to answer the Seller's questions about your purchases, evaluate them, add your own description regarding the opinion and a photo of the purchased product. If no opinion is given after receiving the first invitation to give an opinion, the Seller will resend the invitation.
  3. An opinion can be issued only by a Customer who has made purchases at the Seller's Online Store.
  4. Opinions issued by the Customer are published by the Seller in the Online Store and the TrustMate.io business card.
  5. Issued opinions may not be used by the Client for unlawful actions, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.
  6. An opinion may be issued only for the actual products purchased at the Seller's Online Store. It is forbidden to conclude fictitious/apparent sales contracts in order to issue an opinion. The author of the opinion can also not be the Seller himself or his employees regardless of the basis of employment.
  7. Issued opinion can be removed at any time by its author.


Attachment No. 1 to the Regulations

Below is a sample form of withdrawal from the contract, which the Consumer or Entrepreneur Privileged may or may not use:

 

 

MODEL WITHDRAWAL FORM
(this form should be filled in and sent back only if you wish to withdraw from the contract)


TukuTuk sp. z o.o
Płouszowice-Kolonia 137A, 21-008 Jastków
e-mail: kontakt@tukutuk.com

- I(*) ..................................................................... hereby inform(*) about my withdrawal from the contract of sale of the following items(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract(*)/collection(*)

..............................................................................................................................................................................

- First and last name of the Consumer/Entrepreneur privileged:

..............................................................................................................................................................................

- Address of the Consumer/Entrepreneur privileged:

..............................................................................................................................................................................

..............................................................................................................................................................................

Signature of Consumer/Entrepreneur
(only if this form is sent in hard copy)

Date ............................................

(*) Delete as appropriate.

 

Account Terms & Conditions

in the TukuTuk Store

 

The Preferred Entrepreneur provisions apply to contracts entered into as of January 1, 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Objections

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Account - regulated in the Terms and Conditions free-of-charge Store function (service), through which the Buyer can set up his account in the Store.
Buyer - any entity buying in Store.
Privileged Buyer - Consumer or Entrepreneur privileged.
Privileged Entrepreneur - a natural person who agrees with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition applies to agreements concluded from 1 January 2021).
Rules - these regulations of the Account.
Store - TukuTuk online store operated by the Seller at https://tukutuk.com.
Seller - TukuTuk Sp. z o.o. with its registered seat at Płouszowice-Kolonia 137A, 21-008 Jastków, entered into the National Court Register - the Register of Entrepreneurs by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, under KRS No. 0000941738, NIP 7133116604, REGON No. 520765705, share capital 5000,00 PLN.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Płouszowice-Kolonia 137A, 21-008 Jastków
  2. E-mail address: kontakt@tukutuk.com
  3. Phone: +48 502 859 771

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and setting up an Account you need:
    • active e-mail account
    • a device with access to the Internet
    • internet browser supporting JavaScript and cookies

§ 4 ACCOUNT

  1. The creation of an Account is entirely voluntary and depends on the will of the Buyer.
  2. An Account gives the Buyer additional opportunities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of an order, or individual editing of Buyer data.
  3. To set up an account must be completed the appropriate form in the store.
  4. At the time of creating an Account is concluded for an indefinite period between the Buyer and Seller in the field of Account management under the conditions indicated in the Rules and Regulations.
  5. The Buyer may without incurring any costs at any time resign from the Account.
  6. To resign from the Account the Buyer shall send his resignation to the Seller at the e-mail address: kontakt@tukutuk.com, which will result in immediate deletion of the Account and termination of the agreement concerning the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address kontakt@tukutuk.com.
  2. Complaints shall be considered by the Seller within 14 days.

    OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS
  3. If the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of a permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for consideration of the matter before the arbitration court should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or district consumer ombudsman;
    4. the ODR platform is available online at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as the recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection - "RODO".
  2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    • contract or actions were taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) RODO),
    • the Seller's legal obligation relating to accounting (Article 6(1)(c)) and
    • the Seller's legitimate interest in processing the data to establish, assert or defend potential claims (Article 6(1)(f) RODO).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
  4. The Buyer's data given in connection with purchases in the Shop will be processed until the moment when:
    1. the contract concluded between the Buyer and the Seller ceases to be valid;
    2. the Seller ceases to be legally obliged to process Buyer's data;
    3. there ceases to be a possibility of asserting claims by the Buyer or Seller, related to a contract concluded by the Store;
    4. will be accepted Buyer's objection to the processing of his data - if the basis for data processing was a legitimate interest of the Seller
    – depending on what is applicable in a given case and what will occur at the latest.
  5. The Buyer has the right to request:
    1. access to his data,
    2. rectification,
    3. erasure,
    4. restriction of processing,
    5. data transfer to another administrator
      as well as the right:
    6. to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legally justified interests pursued by the administrator).
  6. To exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  7. If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 7 DISCLAIMERS

  1. It is prohibited for the Buyer to provide content of an unlawful nature.
  2. The Agreement for maintaining an Account is concluded in Polish, English or German language.
  3. In the event of the occurrence of important reasons referred to in paragraph 4, the Seller shall have the right to amend the Regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to the provisions of law applicable to the operations of the Store
    2. improvement of security of the service provided
    3. change of functionality of the Account requiring modification of the Terms and Conditions
  5. The Buyer shall be informed of a planned change to the Regulations at least 7 days before the change comes into force via an e-mail message sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address kontakt@tukutuk.com, which will result in termination of the agreement for maintaining an Account from the moment the planned change comes into force, or earlier if the Buyer submits such a request.
  7. In a situation where the Buyer does not object to a planned change until it comes into force, it is assumed that he accepts it, which does not constitute an obstacle to termination of the agreement in the future.
  8. In case of a potential dispute with a Buyer who is not a Priority Buyer, the competent court shall be the court having jurisdiction over the Seller's seat.

 

Newsletter Terms & Conditions

TukuTuk Store

 

The provisions of the Preferred Entrepreneur shall apply to contracts entered into as of January 1, 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal Data
§ 5 Final Provisions

§ 1 DEFINITIONS

Consumer - consumer as defined by the Civil Code.
Newsletter - a free-of-charge electronic service whereby the Customer may receive from the Service Provider by electronic means pre-ordered messages relating to the Store, including information about offers, promotions, and new products in the Store.
Preferred Entrepreneur - a natural person who enters into a contract with the Service Provider directly related to his/her business activity, but which is not of a professional nature (the definition is valid for contracts concluded from 1 January 2021). 
Store - TukuTuk online store operated by the Service Provider at https://tukutuk.com.
Customer - each entity using the Newsletter service.
Privileged Customer - Consumer or Privileged Entrepreneur. 
Service Provider - TukuTuk sp. z o.o. with its registered seat at Płouszowice-Kolonia 137A, 21-008 Jastków, entered into the National Court Register - Register of Entrepreneurs by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, under KRS number 0000941738, NIP 7133116604, REGON number 520765705, share capital 5000,00 PLN.

§ 2 NEWSLETTER

  1. The Customer may use the Newsletter service voluntarily.
  2. In order to use the Newsletter service, it is necessary to have a device with an Internet browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. E-mail messages sent under this service shall be sent to the e-mail address provided by the Customer when signing up for the Newsletter.
  4. In order to conclude an agreement and sign up for the Newsletter service, the Customer shall provide in the first step, in a designated place in the Store, his/her email address to which he/she wishes to receive messages sent under the Newsletter. Upon Newsletter subscription an agreement for the provision of service shall be entered into and the Service Provider shall commence its provision to the Customer - subject to point 5.
  5. In order to properly carry out the Newsletter service, the Customer shall provide a valid email address.
  6. W wiadomościach wysyłanych w ramach Newslettera będzie znajdować się informacja o możliwości wypisania się z niego, a także link do wypisania się.
  7. Messages sent within the Newsletter shall include information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
    The Customer may unsubscribe from the Newsletter at any time without giving any reason or incurring any costs, using the option referred to in point 6 or sending a message to the e-mail address of the Service Provider: kontakt@tukutuk.com.
  8. The Customer's use of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter shall result in immediate termination of the agreement for the provision of this service.

§ 3 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address kontakt@tukutuk.com.
  2. Complaints shall be considered by the Seller within 14 days.

    OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS
  3. If the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of a permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for consideration of the matter before the arbitration court should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or district consumer ombudsman;
    4. the ODR platform is available online at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as the recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection - "RODO".
  2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    • contract or actions were taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) RODO),
    • the Seller's legal obligation relating to accounting (Article 6(1)(c)) and
    • the Seller's legitimate interest in processing the data to establish, assert or defend potential claims (Article 6(1)(f) RODO).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
  4. The Buyer's data given in connection with purchases in the Shop will be processed until the moment when:
    1. the contract concluded between the Buyer and the Seller ceases to be valid;
    2. the Seller ceases to be legally obliged to process Buyer's data;
    3. there ceases to be a possibility of asserting claims by the Buyer or Seller, related to a contract concluded by the Store;
    4. will be accepted Buyer's objection to the processing of his data - if the basis for data processing was a legitimate interest of the Seller
    – depending on what is applicable in a given case and what will occur at the latest.
  5. The Buyer has the right to request:
    1. access to his data,
    2. rectification,
    3. erasure,
    4. restriction of processing,
    5. data transfer to another administrator
      as well as the right:
    6. to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legally justified interests pursued by the administrator).
  6. To exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  7. If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons only. Valid reasons shall be understood to mean the necessity to amend these Terms and Conditions due to modernization of the Newsletter service or change of legal regulations which affect the rendering of the service by the Service Provider.
  2. Information about any planned amendments to the Rules shall be sent to the email address of the Customer provided when signing up for the Newsletter at least 7 days before the amendments become effective.
  3. If the Customer does not object to the planned changes until they come into force, it is assumed that he/she accepts them.
  4. If the Client does not accept the planned changes, he should send information about it to the e-mail address of the Service Provider:  kontakt@tukutuk.com, which will result in termination of the contract for the provision of services upon entry into force of the planned changes.
  5. It is forbidden for the Customer to provide unlawful content.
  6. The newsletter service contract is concluded in Polish, English or German.
  7. In the case of a Customer who is not a Priority Customer, the competent court shall be the court with jurisdiction over the seat of the Service Provider.
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