Terms of service online shop
theskastore.com
(valid from 01/03/2024)
The owner and seller of the online store located at www.theskastore.com is Theska GmbH with its registered office in Wallweg 14, 36043 Fulda Deutschland..
Address to which correspondence, returns and exchanges should be sent: Theska GmbH, Wallweg 14, 36043 Fulda Deutschland.
Contact details:
Telephone: 0049 151 50776578
Email: info@theskastore.com
Headquarters:
Theska GmbH
Wallweg 14
36043 Fulda
Deutschland
DEFINITIONS
1. Regulations - these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
2. User - a natural person, legal person or organizational unit without legal personality but having legal capacity, registering (creating a User Account), placing an order or otherwise using the Portal and Online Store located at Theskastore.com .
3. Consumer - means a consumer within the meaning of art. 22 1 of the Act of 23 April 1964 - Civil Code (i.e. Journal of Laws 1964 No. 16 item 93) is a customer who is a natural person making purchases in the Online Store to the extent not directly related to his business or professional activity.
4. Subject - Goods listed and described in theskastore.com Portal and Online Store to which the Sales Agreement applies.
5. Sales Agreement - a contract for the sale of Items within the meaning of the Civil Code, concluded between the User and Theska GmbH, using the Portal and the Online Store. Sales contract means a sales contract concluded remotely between Theska GmbH and the User.
6. Portal and Online Store - means the Portal and Online Store at Theskastore.com run by Theska GmbH
7. Order - the User's declaration of intent clearly specifying the type and number of Items, aimed directly at the conclusion of the Sales Agreement via the Portal and the Online Store.
Product page - a page in theskastore.com Portal and Online Store, on which information about the product is presented.
§1 GENERAL PROVISIONS
1.1. These Regulations set out the rules for using the Portal and the Online Store available at theskastore.com.
1. 2. The condition for placing an Order on theskastore.com Portal and Online Store is that the User must read these Regulations and accept its provisions.
1.3. All Items in the Portal and Online Store are made to individual order. All Items purchased in the Portal and Online Store are brand new, free from physical and legal defects.
1.4. Users can communicate with the Portal and the Online Store via e-mail, telephone and in writing. Orders Users place using the order form in accordance with the procedure provided for in the Regulations. The Portal and the Online Store do not charge any fees for communication using means of distance communication. The user bears only the costs arising from the contract he has concluded with the entity providing for him a specific service enabling remote communication.
1.5. The technical requirements necessary to cooperate with the ICT system used by the Portal and the Online Store are as follows:
a) a device connected to the Internet,
b) web browser.
c) active e-mail account (e-mail)
1.6. Theska GmbH stipulates that the use of the Portal and the Online Store may be associated with a standard risk associated with the use of the Internet and recommends that Users take appropriate steps to minimize them.
1.7. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Portal and the Online Store, including in particular any interference with the content of the Portal and the Online Store or its technical elements, including the provision of unlawful content. It is forbidden to use the Portal and the Online Store for purposes other than its intended purpose, including in particular sending spam, conducting any commercial, advertising, promotional activities on the Website and the Online Store, etc. It is prohibited to publish offensive, vulgar content on the Portal and the Online Store. , pornographic and unlawful, decency or applicable law.
1.8. By purchasing Items available on the Portal and the Online Store, the User concludes with Theska GmbH Sales Agreement with an obligation to pay, from which he may withdraw on the terms set out in the Regulations, in accordance with applicable law.
§2 REGISTRATION, LOGIN
2.1. The User is obliged to register in the Portal and the Online Store to receive a User Account enabling him to use all the functionalities of the Portal and the Online Store. The account may be terminated by the User at any time.
2.2. Conclusion of the Sales Agreement in the Portal and Online Store can only be made by Users after registering in the Portal and Online Store.
2.3. In order to register in the Portal and the Online Store (creating a User Account), complete the registration form under the "create account" link, providing: name, surname, e-mail address, password and accept the Regulations of the Portal and the Online Store. To submit the registration form, you must provide all marked fields. By registering, the User represents and guarantees Theska GmbH that all data provided by him is true, and in the event of a change in these data undertakes to update them immediately using the User Account. To confirm Registration, the User must click the appropriate link received in an email from Theska GmbH
2.4. After completing the registration process, the User will receive confirmation of registration electronically along with confirmation of the essential conditions of the concluded contract for the provision of electronic services.
2.5. By registering and using the Portal and the Online Store, you accept the terms and conditions.
2.6. By registering, the User concludes with Theska GmbH contract for the provision of electronic services for an indefinite period, the purpose of which is free of charge by Theska GmbH User Accounts in the Portal and Online Store.
2.7. The contract for the provision of electronic services is concluded in Polish or English, respectively, for Users residing in Poland or outside of Poland.
2.8. Registration in the Portal and the Online Store, as well as the use of the functionalities of the Portal and the Online Store are free.
2.9. One person can only register once in the Portal and the Online Store.
2.10. After registering in the Portal and Online Store, each login is carried out using the data provided in the registration form. The User Account may be canceled by the User at any time.
2.11. By registering, the User undertakes to keep confidential the password allowing access to his User Account. 2.12. Theska GmbH shall not be liable for any damages caused by access to the User's Account by an unauthorized person.
2.13. The User's statement of resignation from the User Account service (termination of the contract for the provision of electronic services) can be sent by e-mail to info@theskastore.com. The contract is terminated when Theska GmbH statements of resignation, excluding contracts concluded with Users whose orders are still being processed. In such cases, the contract terminates after 14 days from the date of delivery of the ordered goods (notice period).
2.14. By registering, the User agrees to the processing of his personal data by Theska GmbH in order to record sales and execution of orders, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC, national provisions on the protection of personal data and the adopted Privacy Policy.
2.15. By registering, the User agrees to receive system information from the Portal and Online Store, which is not commercial information.
2.16. By registering, the User may express separate consent to receive commercial offers and subscription to the newsletter from Theska GmbH
2.17. In the "My Account" section available in the Portal and Online Store after logging in, you can view orders that are being processed, sent from the warehouse and delivered to the User, as well as manage your personal data and settings, including a newsletter subscription.
2.18. Theska GmbH may refuse to create or maintain a User Account for any reason. In this case, the data provided during registration will be deleted and will not be processed by Theska GmbH Such refusal may occur in particular if:
1. Theska GmbH he / she will doubt the accuracy of the data provided by the User.
2. The User has previously violated the rules of using the Portal and the Online Store, the provisions of the Regulations or decency.
3. Technical reasons prevent Theska GmbH keeping a User Account.
4. The User has violated the provisions of any contracts concluded directly with Theska GmbH
§3 SALES CONTRACT, PLACING ORDERS
3.1. Under the conditions set out in the Regulations, the User concludes with Theska GmbH Contract for the Sale of a Specific Item.
3.2. Orders in the Portal and Online Store can be placed 24 hours a day, 7 days a week throughout the year. The Customer Service Department works on business days, i.e. all days of the week except Saturdays, Sundays and public holidays in Germany.
3.3. In the process of placing the order, the User may express a desire to receive a VAT invoice, which may be attached to the shipment sent. This consent entitles Theska GmbH also for issuing and sending VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, rules for their storage and the procedure of making them available to the tax authority or tax inspection authority.
3.4. The information in the Portal and the Online Store does not constitute a binding offer within the meaning of the Civil Code, but is an invitation to conclude a contract.
3.5. Placing Orders takes place by adding the Item by the User to the "basket" through the "basket" application, and then confirming the delivery address and billing data and starting the payment of the Order by clicking the "Order and pay" button. With this moment the Order is placed. In this way, the User submits an offer to conclude a Sales Agreement.
3.6. When placing the order, until the "Order and pay" button is pressed, the User has the option of self-correcting the entered data within the "basket" panel. You can also correct your order by calling or sending an email.
3.7. After placing the order, the User receives to the e-mail address indicated in the order, a message with information about the receipt of the order by Theska GmbH This information does not constitute acceptance of the User's order for implementation or conclusion of the Sales Agreement. The sales contract is concluded only after confirmation by the Portal and the Online Store of the availability of the goods and explicit acceptance (acceptance) of the User's offer, which will be confirmed by a separate e-mail sent to the User after completing his order.
3.8. Theskastore.com presents the User with an offer within 7 days of sending information about the receipt of the order. Depending on whether the User's order includes manufactured goods or goods that will be produced, the offer will concern the conclusion of a sales contract, in which, in addition to the price of the goods, the date of order completion and transport costs will be given. Failure to submit an offer within the above deadline means that the order has been refused. Theskastore.com is bound by the offer within 7 days from the date of sending or sending by phone to the User. Theskastore.com has the right to refuse to present an offer to the User, in particular when the order raises objectively justified doubts as to its reliability or when there are important economic reasons for it.
3.9. The average deadline for the implementation of Sales Agreements is given on the Portal and Online Store website. This is the date on which the Portal and Online Store is able to produce and prepare Items for shipment. In the event that this deadline may be extended, the Portal and the Online Store shall be obliged to inform the User about it and agree on a new deadline, change the order or cancel it (i.e. terminate the Sales Agreement).
3.10. The buyer is obliged to place orders carefully and aware of the consequences.
3.11. The Sales Agreement and the provision of services is concluded in German or English depending on whether the User is in Germany or outside Germany.
§4 COSTS AND PRICES
4.1. All prices given in the Portal and Online Store on each Product Page are final prices. The prices of goods are expressed in Polish zlotys or foreign currencies and include tax on goods and services (VAT as well as other duties and taxes). The prices do not include shipping costs, which are given for each Item separately or are calculated individually before placing the order.
4.2. The Portal and the Online Store reserves the right to change the prices of the Items found in the Portal and the Online Store. The change in prices does not apply to Sales Agreements already concluded and orders placed by Users before the change of prices in the course of implementation.
4.3. Shipping costs are set individually for each order and depend on the size and weight of the goods, as well as the shipping method. The total cost of the order, including the price of the Item and the cost of delivery, is visible at the order summary. Shipping costs for goods with non-standard parameters (dimensions or weight) are given on the Product Page.
§5 DELIVERY
5.1. Deliveries are made in the Republic of Poland, the Czech Republic, Slovakia, Great Britain, Sweden, Norway, Belgium, the Netherlands, Germany, France, Austria, France to the order delivery address provided by the User. If the Customer wants to deliver the Item to another country not included above, the User is obliged to send an inquiry to info@theskastore.com.
5.2. The Portal and the Online Store deliver Items within the period specified in the ordering process, unless otherwise agreed with respect to a given Item prior to the conclusion of the Sales Agreement. Delivery dates are given on individual Product Pages and on the order confirmation. The deadline for completion and delivery begins when the order is accepted.
5.3. The item is sent to the address indicated on the order form. The Portal and the Online Store will inform the User immediately of an incorrectly completed order form, which prevents or may delay the shipment.
5.4. The item is delivered using specialized courier companies.
5.5. The Portal and the Online Store reserves the right to withdraw individual Items presented in the Portal and the Online Store. The change of the scope of the Items does not apply to Sales Agreements already concluded and orders placed by Users.
5.6. Shipments with a mass exceeding 30 kg are not required to be delivered by courier. In this case, the User is obliged to collect the package from the courier's vehicle.
5.7. Deliveries are made on business days from 6.00 to 22.00. Delivery at other times is possible upon prior agreement with the Portal and the Online Store if the Item is delivered by Theska GmbH The Portal and the Online Store may refuse to change the delivery time if it is not possible to make it at the time chosen by the User.
5.8. In the case of orders consisting of several Items of different brands, the Portal and Online Store will deliver each Item separately, unless the parties agree otherwise. In the case of orders that are to be delivered in one shipment, the deadline will depend on the date of completion of the last element of the order by the Portal and the Online Store.
5.9. If the User fails to collect the Item, the Portal and Online Store will request the User to perform the concluded Contract of Sale and collect the purchased Items. If the User fails to collect the ordered Item within the time limit set by the Portal and the Online Store, the Portal and the Online Store reserves the right to withdraw from the Sales Agreement within a further 14 days from the date of ineffective expiry of the deadline for collection of the Items by the User due to non-performance of the Sales Agreement by User.
5.10. If the parcel is not picked up by the User for reasons attributable to the User, the Portal and the Online Store may claim from the User the equivalent of the cost of returning the parcel to the address of Theska GmbH unless it is stipulated that these costs are borne by the Portal and the Online Store .
5.11. The costs of delivery of the Item are always borne by the User, except for deliveries subject to separate arrangements with the Portal and the Online Store.
5.12. Upon receiving the Item from the courier, the User is in danger of accidentally losing or damaging the goods.
§6 PAYMENTS
6.1. A VAT invoice is issued for each Item sold.
6.2. Payment for the ordered Item may be made using: (1) credit cards, among others Visa and Mastercard, (2) online transfer via one of the payment systems accepted by the Portal and the Online Store.
6.3. The Portal and the Online Store reserves the right to limit individual payment methods for individual Items and indicate a different payment method. Information on accepted payment methods and delivery restrictions is clearly indicated, each time at the beginning of the order at the latest.
6.4. In the event of a necessity to refund funds for a transaction made by the User with a payment card, the seller will refund the bank account assigned to the User's payment card.
6.5. The user is obliged to make the payment immediately after placing the order.
§7 RIGHT TO WITHDRAW FROM THE CONTRACT, RETURNS AND COMPLAINTS
7.1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the Buyer who is a consumer may at the latest within 14 days from the date of receipt of the Item withdraw from the Purchase without giving a reason and without incurring costs, except for the cost return shipment specified in par. 6 clause 1 point 7.
7.2. Pursuant to Article 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs (e.g. the materials used, size changed , colors, etc.). The right to withdraw from the Agreement is not entitled to the User if the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
7.3. Withdrawal from the Sales Agreement and return of the Item is made by the User submitting a statement of withdrawal from the Agreement. Such a declaration may be made using the model return form attached to these Regulations, as well as located on the User's Account.
7.4. The deadline to withdraw from the Sales Agreement is considered to be met if the statement is sent within 14 days of receipt of the Item. The User is obliged to return the Item immediately, but no later than within 14 calendar days from the date of withdrawal from the Agreement, whereas to meet the deadline, it is sufficient to return the Item before its expiry. Please attach a completed complaint form to the return shipment.
7.5. The returned Item should be returned unchanged, showing no traces of its use by the User in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Item.
7.6. The cost of returning the Item is borne by the User, unless the Portal and Online Store have stated that they will bear the costs of return. 7.7. You can order a courier for a fee (at the User's expense) to collect a parcel containing Items returned due to withdrawal from the Sales Agreement through our Customer Service Department (this is however voluntary), for this purpose you should send a message containing the order number to the info address @ theskastore.com. The cost of return shipment is analogous to the costs incurred by the User when placing an order.
7.8. Items to be returned (withdrawal from the Sales Agreement) please send to: Theska GmbH Complaints and Returns Department Theska GmbH, Wallweg 14, 36043 Fulda Deutschland.
7.9. The Portal and the Online Store, in the event of withdrawal from the Sales Agreement, undertakes to return the transferred amount for purchased Items together with the amounts due for their delivery, in the same way as it was made by the User, no later than 14 days from receiving a statement of withdrawal from the contract. If the Portal and the Online Store have not offered to collect the Item from the User, they may withhold the reimbursement of payments received from the User until they receive the item back or the User provides proof of sending it back, depending on which event occurs first.
7.10. If the payment was made using a rebate code, the User will receive a refund of the money actually paid, and the rebate codes used will be credited to the User's account again.
7.11. If the payment was made using the Gift Card, then the payment is returned with the User's consent in the form of a rebate code added to the account of the User who made the payment with the Gift Card.
7.12. The User is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
7.13 In the event of returning Items purchased during promotional campaigns, where delivery to the User did not involve any payment, if the User orders a courier through the Customer Service Department, the cost of return shipment will be determined on the basis of the courier's price list, unless otherwise agreed, that these costs are borne by the Portal and the Online Store. Detailed information on the amount of fees will be provided by the Customer Service Department after prior email contact at info@theskastore.com.
7.14. User's Complaints regarding mechanical damage to the shipment arising during transport will be considered only after the damage report has been drawn up (specifying the condition of the shipment and the circumstances of the damage) signed by the recipient and the shipment's provider, as well as notifications about this fact, the Portal and the Online Store by writing to info @ theskastore .com. After receiving the package, the User should check the status of the package in the presence of the supplier. In the event of any damage to the parcel during transport, the User may refuse to collect the parcel.
7.15 If the Item sold through the Portal and the Online Store has a defect, the User may, at his choice:
a) make a statement about reducing the price of the Item or withdrawing from the Sales Agreement, unless the Portal and the Online Store immediately and without undue inconvenience for the User replace the defective Item with a free from defects or remove such a defect. The reduced price should remain in such proportion to the price resulting from the Agreement in which the value of the Item with a defect remains to the value of the Item without a defect. The User may not withdraw from the Sales Agreement if the defect of the goods is insignificant;
b) demand replacement of the Item for one free of defects or removal of the defect. The Portal and the Online Store are obliged to replace the defective Item with a one free of defects or remove the defect within a reasonable time without undue inconvenience to the User.
7.16. If the User is a Consumer (understood as a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity), instead of removing the defect proposed by the Portal and the Online Store, they may request the replacement of the Item for one free of defects or instead of replacing the goods, demand removal of the defect, unless that bringing the Item into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Portal and the Online Store. When assessing the excessive costs, the value of the Item free from defects, the type and significance of the defect found are taken into account, and also the inconvenience to which the Portal and the Online Store would be exposed would otherwise be satisfied.
7.17. The User who has found a defect in the Item, for faster and efficient consideration of a complaint, is asked to send accurate and detailed information about the defect, including photos of the defective Item, to info@theskastore.com along with information regarding the preferred way of dealing with the complaint. The Portal and the Online Store will immediately contact the User at the e-mail address provided by him regarding further consideration of the complaint. The above provision does not prejudice the obligation of the Portal and the Online Store to consider the complaint within the time limit specified in the relevant provisions. The user who exercises the rights under the warranty is obliged at the expense of the Portal and Online Store to deliver the defective item to the address: Theska GmbH Complaints and Returns Department Theska GmbH, Wallweg 14, 36043 Fulda Deutschland.
7.18. If the buyer who is a consumer within the meaning of the Civil Code, has demanded replacement of the item or removal of the defect, or made a statement on the price reduction, specifying the amount by which the price is to be reduced, the Portal and Online Store will send a response to the notification to the e-mail address or within 14 days Address for correspondence.
7.19. The Portal and the Online Store are liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the User. The claim for removing the defect or replacing the Item for one free of defects expires after one year from the date of finding the defect, however, if the consumer purchases the goods within the meaning of the Civil Code - the limitation period may not end before the expiry of the period referred to in the sentence first.
§8 COMPLAINTS CONCERNING ELECTRONIC SERVICES
8.1. Complaints regarding the provision of electronic services may be submitted in particular to the e-mail address: info@theskastore.com or in writing to Theska GmbH Complaints and Returns Department Theska GmbH, Wallweg 14, 36043 Fulda Deutschland.
8.2. For faster consideration of a complaint, please provide in the notification at least the name under which the User appears in the Portal and Online Store (e-mail address) and a description of the reservations.
8.3. If the data or information provided in the complaint is incomplete, the Portal and the Online Store reserve the right to contact the User in order to complete them.
8.4. The Portal and the Online Store consider the complaint within 14 days of its receipt.
8.5. The response to the complaint is sent to the e-mail address or correspondence address, according to the User's instructions, indicated in the complaint.
§9 PRIVACY POLICY AND PERSONAL DATA PROTECTION
9.1. During registration in the Portal and Online Store, the User will be asked to provide personal data that will be used by Theska GmbH to implement contracts concluded with the User.
9.2. Personal data is used to implement Sales Agreements or services and to maintain the User's account in the Portal and Online Store and for other purposes authorized by Theska GmbH Act on the protection of personal data, in connection with this may be transferred to entities responsible for the delivery of purchased goods to the User. Users have the right to access their data and to amend it. Data is provided voluntarily.
9.3. Other data that is not necessary for the implementation of Contracts for the Sale of Items or services to the User may be processed with his consent. 9.4. Providing data is voluntary and the User has the right to inspect the data and the right to modify them. The User is responsible for providing false personal data.
9.5. Personal data is protected in accordance with the Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002 No. 101, item 926, as amended) in a manner preventing access by third parties.
9.6. We register the IP addresses of each login to the Portal and Online Store and registration as well as the IP of the order placed. 9.7. The administrator of Users' personal data is Theska GmbH
9.8. When placing an order in the Portal and Online Store, Users provide information on the VAT invoice address, delivery address and make payments using the methods indicated in these Regulations.
9.9. For the User's convenience, when paying by credit card, the system automatically remembers part of the card's information and enables subsequent purchases without entering the card details again.
9.10. The statement of the Portal and the Online Store on data protection can be read in the Privacy Policy.
§10 COPYRIGHT
10.1. It is forbidden to use the content and files contained in the Portal and the Online Store (in particular, photos and descriptions of Items without the prior consent of Theska GmbH) The use of illustrative and photographic materials, compositions, page layouts and intellectual property rights for purposes other than personal use, is not allowed, unless expressly authorized by the Portal and the Online Store.
10.2. The trademark Theska GmbH is prohibited. without the prior consent of Theska GmbH. It is prohibited to use www addresses with spelling or phonetics similar to Theska words in the context of competitive activity, in particular if this action is to mislead Users.
§11 DISCOUNT CODES AND GIFT CARDS
11.1. The User may, without purchasing any Item, purchase a Gift Card of the indicated value and validity period issued by the Portal and the Online Store. In this case, to the agreement between the User and the Portal and the Online Store to the extent that it relates to such a Gift Card, the provisions of the Regulations of the Portal and the Online Store regarding the Sale Agreement should be applied accordingly.
11.2. Gift cards and discount codes are issued and implemented by the Portal and the Online Store.
11.3. Discount codes and gift cards are only valid for a specified period.
11.4. Prolonging the validity of the rebate code and gift card is not possible.
11.5. The rebate code entitles you to a percentage discount.
11.6. Discount codes cannot be used to purchase gift cards.
11.7. Rebate codes and gift cards cannot be exchanged for cash.
11.8. The use of the rebate code consists in entering it by the User in the appropriate field when placing the Order.
11.9. Gift cards and discount codes can be given to Users as gifts or prizes in contests and for promotional purposes.
11.10. The right to use the discount codes cannot be transferred to another User, as they are assigned individually to the given User.
11.11. Rebate codes and gift cards cannot be used to cover shipping costs.
11.12. When implementing the rebate code, the User is not entitled to receive the difference in the form of cash or a transfer if the value of the Items purchased is lower than the value of the rebate code.
11.13. If the cost of the Order exceeds the value of the discount code or gift certificate, the difference must be paid via the offered payment methods.
11.14. Discount codes may be limited to selected Items and Users.
11.15. The Discount Code can be used once or many times by one or many Users, depending on the assigned option.
11.16. Only one rebate code can be used in one Order.
11.17. The rebate code should be entered in the space provided in the Portal and Online Store when placing the Order. It enables the User to obtain a discount. Along with the rebate code, the User will receive information about its value, validity period and conditions that must be met for this rebate code to be used, if such conditions apply.
11.18. The gift card can only be used until the funds on it have been exhausted. It is not possible to top up the gift card.
11.19. If the User exercises in part the right to withdraw from the Sales Agreement, at the conclusion of which he used the rebate code, which provided for special conditions for obtaining the rebate, and as a result of the User exercising the partial right of withdrawal, these conditions are no longer met, the rebate will not apply, and the User will be obliged to return the amount of the discount granted to the Portal and the Online Store. Such a rebate will be settled between the User and the Portal and the Online Store based on their arrangements (which may include, in particular, deduction of the rebate amount with the amount refundable to the User in connection with his exercise of the right to withdraw from the Sales Agreement).
11.20. Whenever there is an effective withdrawal from the Sales Agreement, under which payment for the Item was made using a gift card, the User is entitled to a return of the Gift Card with a nominal value corresponding to the total price paid by him using the gift card or the nominal value of the gift card, if it exceeded the price whole. The period of validity of a gift card issued in this way may not be shorter than the period between the use of the gift card to pay the amount arising from the Sales Agreement from which it was withdrawn and the date of expiry of the used gift card.
11.21. The gift card can be physical or electronic. The Portal and the Online Store undertakes to send it to the User's address (if it is in physical form) or to the User's e-mail address (if it is in electronic form) within two business days from the time the User pays the price given for the selected gift card .
11.22. A gift card cannot be purchased using another gift card.
11.23. Upon delivery of the gift card to the User, the User is at risk of losing or damaging it.
11.24. A gift card cannot be used to pay for Promotional Items unless otherwise expressly stipulated in the terms and conditions of the promotion of the Item.
11.25. The User has the right to withdraw from the Gift Card Sale Agreement within 14 calendar days without giving any reason (in accordance with the Act of 30 May 2014 on consumer rights). The Portal and the Online Store will refund to the User the amount paid for the purchase of the gift card. However, this right is not entitled to the User if he used a gift card to use it before the deadline.
12. FINAL PROVISIONS
12.1. Theska GmbH reserves the right to amend the Regulations in the event of at least one of the following important reasons:
a) changing the law or providing services electronically
b) the need to adapt the operations of Theska GmbH to orders, judgments, provisions or guidelines arising from: the decision relevant to the activities of Theska GmbH public administration authority and / or court decision applicable to the operations of Theska GmbH
c) change in the way services are provided electronically by Theska GmbH caused solely by technical or technological reasons
d) changing the scope or rules of provision by Theska GmbH services provided electronically, to which the provisions of the Regulations apply, through the introduction of new, modified or withdrawn by Theska GmbH existing functionalities or services covered by the Regulations and offered to the User;
e) merger, division or transformation of Theska GmbH or change of other identification data of Theska GmbH specified in the Regulations.
12.2. The Portal and the Online Store will inform Users about changes to the Regulations by publishing on the website and by means of a message sent to the e-mail address provided by the User.
12.3. If the User having a User Account does not accept the new content of the Regulations, he is obliged to delete the User Account within 7 days from the date of notification of the change in the Regulations. Failure to remove the User's Account within the indicated period is tantamount to acceptance of the new content of the Regulations. The amendment to the Regulations does not affect the content and conditions of the User and Online Store Items Agreements before the amendment to the Regulations.
12.4. Orders placed by Users before the entry into force of amendments to the Regulations will be implemented according to the existing provisions of the Regulations. The Regulations have been in force since 01/04/2019.