Published on April 1, 2019
1. GENERAL PROVISIONS
These General Terms and Conditions of Purchase ("AGB") provide general contractual terms within the meaning of Art. 384 of the Civil Code and are governed by Theska sp.z o.o. based in Kraków (31-411) on Ul. Nadrzeczna 2/15 ("THESKA"). The General Terms and Conditions are an integral part of the agreements and are binding for both parties, unless they agree otherwise in writing under the threat of nullity. The contract is executed in accordance with the general principles set out in these conditions. These terms and conditions are an integral part of the order, inquiry, accepted evaluation or offer ("orders"), which the buyer makes available to the seller. Only the provisions contained in these GTC, the provisions of the order and all documents contained in the order to which reference is made remain binding for the buyer. Should one of the provisions of these terms and conditions be unenforceable for any reason, the remaining terms and conditions remain in full force and effect.
Orders can be placed by creating a user account in the theskastore.com store, adding products to the shopping cart and confirming the order. In the event that the product is unavailable or unable to complete it in good time, the buyer will be notified immediately by email or phone. In this case, the buyer has the right to cancel the order or to agree to the execution of the contract at another agreed time. After placing the order, the buyer will receive an automatic confirmation of the acceptance of the order by email.
3. DELIVERY DATE
Delivery dates are the dates specified in the order and indicate the delivery date of the goods to the delivery location specified in the order. In the event of a risk that the delivery date will not be met, THESKA will notify the expected delay time and the reasons for this in writing. The buyer receives information when the order is ready for dispatch.
4. DELIVERY CONDITIONS
Deliveries and deliveries take place from Monday to Friday, except on public holidays in Poland. The invoice will be sent to the email address specified when you placed your order immediately after receipt of payment. The ordered goods will be delivered to the location specified in the order. The delivery is accompanied by a delivery document that contains the order number, the specification of the goods shipped, the quantity, the packaging details, the weight and the place of acceptance, if specified in the order. The buyer is obliged to check the condition of the package and its contents in the presence of the courier. In the event of damage that occurs during transport, the buyer is obliged to write a damage report to the courier, which is necessary to acknowledge the complaint during transport. If product damage is found later after delivery, you must contact the seller within 7 days and write a damage report. This is required to file a complaint about a product that has been damaged in transit. All pallet shipments sent by courier are only delivered to the building without the possibility of being brought into the room. You should explain your intention to include the product in the comments when ordering. Payment may involve an additional fee that the buyer will be informed of prior to delivery. If the courier does not find the buyer at home, he should contact him by phone at the time of delivery. The delivery of the ordered goods is deemed to have occurred in connection with the fulfillment of the delivery conditions and the transfer of the risk of accidental loss or damage to the goods from THESKA to the buyer at the time of a perfectly documented receipt of the object of the order by the buyer. The buyer is entitled to collect the object of the order within the specified period. The costs for the delivery of the order are always on the buyer's side, unless the description of the product offer or individual agreements provide otherwise. This also applies to new deliveries of the contractual item that have not been received within the set period. THESKA does not assume the costs for repeated shipments that result from the absence or omission of the buyer.
5. PRICES AND PROMOTIONS
The prices stated in the order are fixed and cannot change. THESKA reserves the right not to combine promotions. Various types of promotions have been prepared for buyers, e.g. For example: discount code (must be entered when ordering via the shopping cart), price reduction, individual discount, free shipping.
6. WARRANTY AND COMPLAINTS
With the completion of the order, THESKA grants a guarantee for the delivered goods. The guarantee period runs on time and from the day specified in the order. Liability under the guarantee is based on the provisions of the Civil Code. The buyer informs THESKA of any defects found in the delivered goods. Defects found during delivery and during the guarantee period form the basis for a complaint. If the contract is not met by the purchased goods, the buyer has the right to file a complaint during the warranty period. THESKA has 14 working days to review the complaint from the date it is received. All products in the THESKASTORE.com shop are made to order and therefore cannot be refunded. Non-prefabricated goods, which were manufactured according to the specifications of the buyer or serve to satisfy his individual needs, will not be refunded. If the buyer detects defects after receiving the goods, he should immediately contact THESKA (by sending an email to [email protected] containing the completed complaint form and photos - defects of the goods, of the entire article as well as the packaging in which the order was delivered). If you receive a shipment damaged in transit - an additional scan of the damage report that was made in the presence of the courier at the time of delivery and contains a detailed description of the damaged product and the condition of the packaging. After receiving the response and confirmation from THESKA, send the advertised product. The buyer must send the advertised product to protect it from damage. By agreement with THESKA it is also possible to send the goods via THESKA. Defective goods are repaired or replaced by THESKA. If a repair is not possible, THESKA undertakes to return the value of the goods (including shipping and return costs) to the buyer or to offer other goods available in the shop to choose from. The refund will be made as a transfer to the bank account from which the transfer was received, unless the buyer informs in advance of another bank account number.
Complaints are not subject to:
Slight color differences, as the actual color of the product may differ slightly from the electronic version, which is influenced, among other things, by the individual monitor settings of each buyer.
Defects resulting from improper use or care of the product
mechanical damage that occurs in the hands of the buyer after the product is released,
Defects after the guarantee expires.
THESKA is committed to maintaining confidentiality and not disclosing information about user data to third parties. The confidentiality obligation applies indefinitely, even if the order has been completed.
In matters that are not regulated in these General Terms and Conditions of Purchase, the relevant provisions of the Civil Code apply. In the event of disputes about the interpretation or performance of the contract and these general terms and conditions of purchase, which the parties cannot resolve amicably, the competent court is the competent court in Kraków.