ul. Centralna 41B, Kraków

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Regulations

Regulations of the Thulo Tirsana Restaurant online store

defining, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer.

 

Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
Appendix 1: Model withdrawal form contracts

§ 1 DEFINITIONS

Working days - days from Monday to Friday, excluding public holidays.
Consumer - consumer within the meaning of the Civil Code.
Account - a free Store function regulated by separate regulations (a service provided electronically), thanks to which the Buyer can set up his individual account in the Store.
Buyer - each entity buying in the Store.
Privileged Buyer - Consumer or Privileged Entrepreneur.
Privileged Entrepreneur - a natural person concluding a contract with the Seller directly related to his business activity, but not having a professional character for him (the definition applies to contracts concluded from January 1, 2021).
Collection point - point located at the address in Thulo Tirsana stationary stores.
Regulations - these regulations.
Store - Thulo Tirsana online store run by the Seller at https://www.thulo-tirsana.pl/.
Seller - Beata Wiklik-Poudel an entrepreneur running a business under the name Beata Wiklik-Poudel Tirsana, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information for Business, Tax ID 6792866674, REGON number 122734555, ul. Marszałka Józefa Piłsudskiego 25, 31-110 Kraków.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Centralna 41B, 31-586 Kraków
  2. E-mail address: hello@thulo-tirsana.pl
  3. Phone: +48 786 595 408
  4. Address for sending the advertised goods: ul. Centralna 41B, 31-586 Kraków

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • device with internet access
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods displayed in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order consists of the following in the Store: the price for the goods and, if applicable, the costs of packaging and the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. After placing the order and making the payment in case of online payment by the Buyer, the Seller immediately accepts the order for execution. As soon as the Seller receives the order, a sales contract is concluded between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account in it, or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

  1. You can pay for the order placed, depending on the Buyer's choice:
    1. via the payment platform:
      • Shoper Payments
      • By card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
    2. by card or cash upon personal collection.
  2. If you choose to pay via the Shoper Payments payment platform, Autopay S.A. is the entity providing online payment services.
  3. If the Buyer selects payment in advance, the order must be paid immediately after placing the order. Lack of payment and failure to inform the Store about the willingness to change the payment method within 30 minutes will result in the cancellation of the order by the Store. 
  4. The seller informs that for some payment methods, due to their specificity, payment for the order with this method is possible only immediately after placing the order.
  5. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER COMPLETION

  1. The seller is obliged to deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.
  4. In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery date.
  5. Countries where the delivery takes place:
    • Poland

The delivery map is presented under the link:

https://www.google.com/maps/d/u/0/viewer?mid=1n1moIK7IcdqGzaB9sQAy9YBWme7oUBM&ll=50.07336041332951%2C20.010632000000008&z=13

 

    6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

  1. Via a courier company

    7. The Buyer may collect the goods in person at the Collection Point or at the Seller's premises during their opening hours.

    8. If the Buyer selects a personal collection, the goods will be ready for collection at the indicated date of the contract, and if the Seller has indicated the date of shipment of the goods - within this period.

§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The preferential buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The withdrawal period will expire after 14 days from the day:
    1. on which the Preferred Buyer acquires, or in which a third party other than the carrier and indicated by the Preferred Buyer acquires, physical possession of the goods;
    2. on which the Preferential Buyer acquires, or in which a third party, other than the carrier and indicated by the Preferred Buyer, acquires the last of the goods in the case of an agreement obliging to transfer the ownership of many items that are delivered separately.
  3. In order for the Preferential Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement - a letter sent by post.
  4. A preferential buyer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
  5. In order to meet the deadline to withdraw from the contract, it is enough for the Privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

    EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
  6. In the event of withdrawal from the concluded contract, the Seller shall refund to the Preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer, other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Preferred Buyer's decision to exercise the right to withdraw from the contract.
  7. The reimbursement will be made by the Seller using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Preferential Buyer agrees to a different solution, in each case the Privileged Buyer will not incur any fees in connection with this reimbursement.
  8. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  9. The seller asks you to return the goods to the following address: ul. Centralna 41B, 31-586 Kraków immediately, and in any case not later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods within 14 days.
  10. The preferential buyer bears the direct cost of returning the goods.
  11. The preferential buyer is responsible only for the decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Preferential Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  13. If there is a need to return funds for a transaction made by a privileged Buyer with a payment card, the Seller will refund to the bank account assigned to this payment card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or serving to satisfy his individual needs;
    2. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    3. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
    4. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
    5. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
    6. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code - subject to the provisions of § 11 sec. 6 and 7 of the Regulations:
    1. submit a price reduction statement,
    2. in the event of a significant defect - submit a declaration of withdrawal from the contract,
    3. demand that the item be replaced with one that is free from defects,
    4. demand that the defect be removed.
  3. The seller asks you to submit a complaint based on the warranty to the postal address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the 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 Preferred Buyer - at the Seller's expense, to the address ul. Centralna 41B, 31-586 Kraków.
  5. If the product has been granted an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
  8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the competent field and permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free help from the municipal or poviat Consumer Ombudsman;
    4. ODR internet platform available 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 when using the Store 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 data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - " GDPR ".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
    • contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR),
    • the legal obligation on the Seller related to accounting (Article 6 (1) (c) and
    • legitimate interest of the Seller, consisting in the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to apply;
    2. the Seller ceases to be bound by the legal obligation to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    - depending on what is applicable in a given case and what will happen at the latest.
  5. The Buyer has the right to demand:
    1. access to your personal data,
    2. rectify them,
    3. deletions,
    4. processing restrictions,
    5. to transfer data to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.
  3. Agreements concluded on the basis of the Regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.
  5. Any liability of the Seller towards the Buyer who is not the Preferred Buyer, within the limits permitted by law, is limited to the amount of the order placed by the Buyer and to 1 year from the delivery of the goods.
  6. The Seller's liability under the warranty towards the privileged Entrepreneur is, within the limits permitted by law, limited to the amount of the order placed by the privileged Entrepreneur and to 2 years from the delivery of the goods.



Annex 1 to the Regulations

Below is a model withdrawal form, from which the Consumer or Privileged Entrepreneur may, but not must use:

MODEL WITHDRAWAL FROM THE AGREEMENT
(this form should be completed and returned only if you wish to withdraw from the contract)

Thulo Tirsana

ul. Centralna 41B, 31-586 Kraków

Correspondence address:

Thulo Tirsana

ul. Centralna 41B, 31-586 Kraków

 

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

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

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

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

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

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

- Name and surname of the consumer (s) / privileged entrepreneur (s):

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

- Address of the privileged consumer (s) / entrepreneur (s):
........................................... .................................................. .................................................. ...............................

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

..................................... .................................................. ......
Signature of the consumer (s) / privileged entrepreneur (s)
(only if the form is sent in paper version)

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

(*) Delete as appropriate.

Account Terms

in Thulo Tirsana shop

 

Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Disclaimers

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Account - a free Store function (service) regulated in these regulations, thanks to which which the Buyer may set up his individual account in the Store.
Buyer - any entity that buys in the Store.
Privileged Buyer - Privileged Consumer or Entrepreneur.
Privileged Entrepreneur - a natural person concluding a contract with the Seller directly related to his business activity, but not having for him professional nature (the definition is valid for contracts concluded from January 1, 2021).
Store - Thulo Tirsana online store run by the Seller at https://www.thulo-tirsana.pl/

Seller - Beata Wiklik-Poudel an entrepreneur running a business under the name of Beata Wiklik-Poudel Tirsana, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 6792866674 , REGON no. 122734555 , ul. Marszałka Józefa Piłsudskiego 25, 31-110 Kraków.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Centralna 41B, 31-586 Kraków
  2. E-mail address: hello@thulo-tirsana.pl
  3. Phone: +48 786 595 408

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
    • an active e-mail account
    • device with internet access
    • a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
  3. In order to create an Account, you must complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms set out in these regulations.
  5. The Buyer may terminate the Account at any time without incurring any costs.
  6. In order to cancel the Account, please send your resignation to the Seller at the e-mail address: hello@thulo-tirsana.pl, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the operation of the Account should be sent to the e-mail address hello@thulo-tirsana.pl.
  2. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
  3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the competent field and permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free help from the municipal or poviat Consumer Ombudsman;
    4. ODR internet platform available 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 when using the Account 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 data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - " GDPR ".
  2. Purpose of the processing and the Buyer's data is to keep an Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the Seller's legitimate interest in processing data in order to establish , investigating or defending any claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary for keeping the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
  4. The Buyer's data will be processed until:
    1. The account will be deleted by the Buyer or the Seller at the Buyer's request
    2. will cease to be able to pursue claims by the Buyer or the Seller related to the Account;
    3. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    - depending on what is applicable in a given case and what will happen at the latest.
  5. The Buyer has the right to demand:
    1. access to your personal data,
    2. rectify them,
    3. deletions,
    4. processing restrictions,
    5. to transfer data to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  6. In order to exercise its rights, the Buyer should contact the Seller.
  7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

§ 7 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. The Account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in sec. 4, the Seller has the right to amend these Account Regulations.
  4. Important reasons referred to in sec. 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. changing the functionality of the Account requiring modification of the Account regulations.
  5. The Buyer will be informed about the planned change of the Account regulations at least 7 days before the change is implemented via an e-mail 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 hello@thulo-tirsana.pl, which will result in the termination of the Account maintenance agreement with the entry into force of the planned change or earlier if requested by the Buyer.
  7. If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the contract in the future.
  8. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.
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