The contract between The Buyer and The Seller may be concluded in two ways.
The Buyer has the right to negotiate any contractual provisions with the Seller before placing an order, including amendments of the Regulations. The negotiations should be conducted in a written form and sent to the Seller’s address (TAFMET Tadeusz Filta, ul. Katowicka 37/003, 45-061 Opole, Poland).
If the Buyer resigns from the possibility of concluding the contract by individual negotiations, the Regulations below and applicable rules of law shall be applied.
1. Personal Data Controller:
Tafmet Tadeusz Fita
ul. Katowicka 37/003
2. Postal address- name and surname or the institution’s name, location in a town (if the town is divided into streets: street, building no., apartment or premises no.; if the town is not divided into streets: name of the town and real estate no.), postal code and the town.
3. Address for sending the complaints:
Tafmet Tadeusz Fita
ul. Katowicka 37/003
4. Price list of deliveries – published at https://tafmet.pl/english/content/13-costs-and-delivery (statement of available types and costs of delivery).
5. Contact Details:
Tafmet Tadeusz Fita
ul. Katowicka 37/003
phone: +48 881912002
6. Personal data - any information relating to an identified or identifiable natural person. Information shall not be considered as personally identifiable if it would require excessive cost, time or effort.
7. Sensitive data - personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union affiliations, as well as data on health condition, genetic code, addictions, sexual life, convictions, sentences and fines, and other decisions issued in court or administrative proceedings.
8. Delivery- type of carriage service together with naming the carrier and the cost included in the price list of deliveries published at https://tafmet.pl/english/content/13-costs-and-delivery
9. Proof of the purchase - invoice, bill or receipt issued according to the VAT Act of 11th March 2004 as amended and other applicable rules of law.
10. Product data sheet - single subpage of the shop that includes information about a single product.
11. Customer- adult natural person who has a full capacity to perform acts in law, a legal person or business unit that does not have a legal personality but has the capacity to perform acts in law, who makes a purchase from the Seller, directly related with their business or professional activity.
12. Civil Code - The Civil Code of 23 April 1964 as amended.
13. Code of practice - a set of rules of conduct, in particular ethical and professional standards, referred to in art. 2 item 5 of the Act on preventing unfair market practices of 23 of August 2007 as amended.
14. Consumer- an adult natural person who has full capacity to perform acts in law, who makes a purchase from the Seller which is not directly related with their business or professional activity.
15. Cart - a list of objects prepared from the products offered in the shop on the basis of the Buyer’s choices.
16. Buyer- the Consumer as well as the Customer.
17. Place of objects release - postal address or place of receipt indicated in the order by the Buyer.
18. Moment of objects release – the moment when the Buyer or a third person indicated by him for the delivery will possess the object.
19. Online platform ODR (Online Dispute Resolution) – an EU web-based plaftorm that operates on the basis of the European Union Parliament and the Council (EU) Regulation no. 524/2013 of 21 May 2013 on online dispute resolution system and an amendment to Regulation (EC) no. 2006/2004 and Directive no. 2009/22/EC, available at https://webgate.ec.europa.eu/odr
20. Payment- method of payment for the subject of the contract and delivery referred to at https://tafmet.pl/english/content/15-platnosci
21. Authorised entity – entity authorised to out-of-court settlement of consumer disputes as defined by the Act on out-of-court settlement of consumer disputes of 23 September 2016, as amended.
23. Consumer Law – the Act on consumer rights of 30 May 2014.
24. Product- minimum and indivisible quantityy of objects which may be the subject of an order and which is at the Seller’s shop as a unit of measurement while determining the price (price/unit of measurement).
25. Subject of the contract - products and delivery shall be the subject of the contract.
26. Subject of the service - subject of the contract.
27. Place of receipt - the place of objects delivery shall not be a postal address, included in the statement made available by the Seller in the shop.
28. UOKiK (Office for Competition and Consumer Protection) Register – register of authorised entities held by the Office for Competition and Consumer Protection pursuant to the Act on out-of-court settlement of consumer disputes of 23 September 2016, as amended, available at: https://uokik.gov.pl/rejestr_podmiotow_uprawnionych.php
29. GDPR - Regulation (EU) No 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.
30. Object - a movable item which may be or is the subject of the contract.
31. Shop - internet website at the address https://tafmet.pl/english/, via which the Buyer may place an order.
Tafmet Tadeusz Fita
ul. Katowicka 37/003
NIP [tax identification no.]: 914-110-73-02, REGON [national business registry no.]: 161430833
Registered and present in the CEIDG [central registration and information on business] records at the address: https://prod.ceidg.gov.pl/CEIDG/ceidg.public.ui/SearchDetails.aspx?Id=9de5e870-6094-4eb9-954c-aaaffa61e7aa
BANK ACCOUNT (EUR):
IBAN: PL96 1140 2004 0000 3712 0242 7946
33. System - a set of compatible IT and software devices that provide data processing, storing, sending and receiving through telecommunications network and through adequate for given type of network of user’s device, commonly referred to as the Internet.
34. Delivery date - number of hours or business days stated on the product data sheet.
35. Contract- the contract concluded off-premises or remotely as defined by the Act on Consumer rights of 30 May 2014 in the case of Consumers and the sale agreement as defined by art. 535 of the Civil Code Act of 23 April 1964 in the case of the Buyers.
36. Defect - a physical defect as well as a legal defect.
37. Physical defect- nonconformity of sold objects with the contract, specifically if the object:
a) does not have the characteristics which an object of this type should have considering the purpose indicated in the contract, or resulting from the circumstances or the purpose;
b) does not have the characteristics about which the Seller assured the Consumer;
c) is not suitable for the purpose about which the Consumer informed the Seller while concluding a contract and the Seller did not raise any objections as to this purpose;
d) was released as an incomplete object to the Consumer;
e) in the case of incorrect assembly and start-up, if the actions were performed by the Seller or a third person to whom the Seller is liable or by the Consumer who followed the instructions received from the Seller;
f) does not have the characteristics about which the producer, his agent or a person who places the object on a market in the scope of his/her business activity and persons who, by placing on the sold object their name, trademark or other distinctive sign – introduce themselves as the producer unless the Seller did not know such attestations and, assessing reasonably, could not have known or which could not have had any influence on the Consumer’s decision while concluding the contract, or if their content was corrected before conclusion of the contract.
38. Legal defect- a situation when the sold object is the property of a third person or is encumbered with the third party rights and when a restriction in use or dispose of this object results from the decision or ruling of a competent authority.
39. Order- the Buyer’s declaration of will made through the shop that unambiguously defines: the type and quantity of objects; type of the delivery; payment method; place of delivery; the Buyer’s data directly aiming at concluding a contract between the Buyer and the Seller.
§2 General conditions
1. The contract is concluded in the Polish language, according to Polish law and these Regulations.
2. The place of objects release must be located in the territory of the Republic of Poland.
3. The Seller is obliged and agrees to perform services and deliver objects free from any defects.
4. All the prices quoted by the Seller are denominated in the Polish currency and are gross prices (including VAT). The prices of products do not include the price of delivery, which are presented in the delivery price list.
5. All the dates are calculated in accordance with art. 11 of the Civil Code, i.e. the date presented in days finishes as of the end of the last day, and if a particular event is the beginning of the date presented in days, such a day is not taken into account while calculating the date on which the event happened.
6. Confirmation, disclosure, recording and securing of any crucial provisions of the contract in order to access such information in the future is effected as follows:
a) confirmation of the order by sending to the indicated e-mail address: order, pro-forma invoice, information about the right to withdraw from the contract, these Regulations in pdf format, withdrawal from the contract form in pdf format, links to download of the Regulations and withdrawal from the contract form;
b) enclosing the completed order, sent to the place of objects release, with printed: confirmation of purchase, information concerning the right to withdraw from the contract, these Regulations, withdrawal from the contract form;
7. The Seller informs about any guarantees known to him, given by any third persons for products that are available in the shop.
8. The Seller does not charge any fees for communication with him using remote means of communication and the Buyer shall incur the costs in the amount that results from the contract concluded with a third person performing services on his behalf that enables remote communication.
9. The Seller provides the Buyer who uses the system with correctness of the shop operating in the following cases: IE version 7 or subsequent, FireFox version 3 or subsequent, Opera version 9 or subsequent, Chrome version 10 or subsequent, Safari with installed latest versions of JAVA and FLASH, on screens with resolution higher than 1024 px. Usage of software of third companies that affect the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect correct display of the shop, that is why in order to obtain full functionality of the tafmet shop, turn them all off.
10. The Buyer may use the option of data remembering by the shop in order to simplify the process of placing a subsequent order. For that purpose, the Buyer should provide a login and a password essential for gaining an access to his/her account. The login and password are a string of characters determined by the Buyer who must keep them in secret and protect them from unauthorized accessing by any third persons. The Buyer at any moment may check, change, update the data and delete the account in the shop.
11. The Seller applies the code of practice.
12. The Buyer shall be obliged:
a) not to supply and send contents prohibited by the law, e.g. contents promoting violence, defaming or violating personal rights and other laws of third parties,
b) to use the shop in a manner that does not impede its functioning, specifically by using particular software or equipment,
c) not to take such actions as: distribution or allocation of unsolicited commercial and marketing messages (spam) within the shop,
d) to use the shop in a non-disruptive manner for other Buyers and the Seller,
e) to use any of the contents allocated within the shop only for personal purposes.
§3 Conclusion and implementation of the contract
1. Orders may be placed 24 hours a day.
2. For placing an order, the Buyer should at least perform the following actions, part of which may be repeated many times:
a) adding to the cart;
b) choosing the type of delivery;
c) choosing the method of payment;
d) choosing the place of object release;
e) placing in the shop an order by using the button ”I order with the duty of payment”.
3. Conclusion of the contract with the Consumer is effected when the order is placed.
4. The Consumer’s order paid COD is processed promptly and the orders paid by a transfer into the bank account or by electronic payment system after posting the Consumer’s payment to the Seller’s account which should happen in the period of 30 days from placing the order unless the Consumer was not able to perform the due to reasons not attributable to him and informed the Seller about it.
5. Conclusion of a contract with the Customer is effected when the order is accepted by the Seller about which he shall inform the Customer within 48 hours from placing the order.
6. The Consumer’s order paid COD is processed promptly after concluding the contract and the order paid by a transfer into bank account or by electronic payment system after concluding the contract and posting the Consumer’s payment on the Seller’s bank account.
7. Completion of the Consumer’s order may depend on the payment of the whole or part of the order value or obtaining a trade credit limit at least of the order value or the Seller’s permission for sending and order COD (payable upon receipt).
8. The subject of the contract is sent in the period specified on product data sheet. The time limit starts from the moment of completion of the order.
9. The purchased subject of the contract together with the sales document, selected by the Buyer, is sent by the type of delivery selected by the Buyer indicated by the Buyer in the order of object release place together with the enclosed attachments, referred to in §2 item 6b.
§4 Right to withdraw from the contract
1. The Consumer is entitled, pursuant to art. 27 of the Consumer’s Law, to withdraw from the contract concluded at a distance without giving the reason and incurring the costs, except costs specified in art. 33, art. 34 of the Consumer’s Law.
2. The time limit for withdrawal from the contract concluded at a distance amounts to 14 days from the moment of release of the object and in order to keep this time limit, the Consumer has to send a declaration before expiration of the date.
3. Declaration about withdrawal from a contract may be submitted by the Consumer on a form, the template of which is enclosed as appendix no. 2 to the Consumer’s Law, on a form available at https://tafmet.pl/english/content/17-reklamacje-i-zwroty or in other form compliant with the Consumer’s Law.
4. The Seller shall promptly confirm to the Consumer via e-mail (provided while concluding a contract and other if provided in the declaration) the receipt of declaration of withdrawal from the contract.
5. In case of withdrawal from the contract, the contract is considered as not concluded.
6. The Consumer is obliged to return promptly the object to the Seller but no later than 14 days from the day on which he/she withdrew from the contract. In order to keep the above time limit, the consumer must send the objects prior to its lapse.
7. The Consumer returns the objects that are the subject of the contract from which he/she withdrew at his/her own expense.
8. The Consumer does not bear costs of delivering the digital content which is not recorded on a physical carrier, if he/she did not express the consent to such a service prior to the lapse of the date of withdrawal from the contract or was not informed about the loss of the right to withdraw from the contract at the moment of expressing such consent or the entrepreneur did not supply the confirmation pursuant to art. 15 sec. 1 and art. 21 sec. 1 of the Consumer’s Law.
9. The Consumer bears the responsibility for depreciation of the object which is the subject of the contract and is the result of using it in a manner that exceeds the manner necessary to ascertain the nature, features and functioning of the object.
10. The Seller promptly, no later than within 14 days from receiving the declaration of withdrawal from the contract submitted by the Consumer shall return to the Consumer any payments made by him/her, including the costs of delivery and if the Consumer has selected other delivery method than the cheapest standard method of delivery offered by the Seller, the Seller shall not reimburse the Consumer with additional costs pursuant to art. 33 of the Consumer’s Law.
11. The Seller shall return the payment by that same method of payment as the Consumer used unless the Consumer has expressly agreed to other method of payment which does not involve any costs for him/her.
12. The Seller may suspend returning the payment received from the Consumer until he will receive the object back or the Consumer will present the confirmation of its returning, whichever occurs first.
13. The Consumer, pursuant to art. 38 of the Consumer’s law, does not have the right to withdraw from the contract:
a) in which the price or remuneration depends on fluctuations of the financial market, of which the Seller has no control and which may happen before the expiration of the date of withdrawal from a contract;
b) in which the subject of the service is a non-prefabricated object produced in accordance with the consumer’s specification and which serves to satisfy his/her individual needs;
c) in which the subject of the service is an object that is the subject to fast deterioration or that has a short shelf life;
d) in which the subject of the service is an object delivered in sealed packaging, which after opening cannot be returned because of health protection and sanitary conditions, if the packaging was opened after delivery;
e) in which the subject of the service are objects which after delivery, because of their nature, become inextricably linked with other objects;
f) in which the subject of the service are voice recordings, visual or computer programmes which are delivered in sealed packaging, if it was opened after delivery;
g) on delivering digital content which is not recorded on a physical carrier, if the provision of the service started upon an express consent of the Consumer before expiration of the date of withdrawal from a contract and after being informed by the entrepreneur about the right to withdraw from the contract;
h) on delivering journals, periodicals or magazines, except subscription contract.
§5 Statutory warranty
1. The Seller, pursuant to art. 558 §1 of the Civil Code, disclaims all liability to the customers on account of any physical and legal defects (statutory warranty).
2. The Seller bears responsibility to the Consumer as stipulated by art. 556 of the Civil Code and alternate for defects (statutory warranty).
3. In the case of a contract with the Consumer, if the physical defect was ascertained prior to the lapse of one year from the moment of object release, it is assumed that the defect occurred in the moment of transferring the danger on the Consumer.
4. If the sold object has a defect, the Consumer may:
a) file a declaration of demand for reducing the price;
b) file a declaration of withdrawing from the contract;
unless the Seller promptly and without excessive nuisance to the Consumer shall replace the faulty object for an object free from defects or shall remove the defect. However, if the object has been replaced or repaired by the Seller or the Seller did nothing to replace the object for an object free from defects or rectification, he/she does not possess the right to replace the object or repair it.
5. The Consumer instead of rectification of defects proposed by the Seller may demand a replacement of the object for an object free from defects or, instead of demanding for an replacement of the object, may demand for rectification of a defect, unless bringing the object into compliance with the contract in the manner selected by the Consumer is impossible or would require excessive costs in comparison to the manner proposed by the Seller, and while assessing excess of costs value of the object free from faults, type and importance of ascertained defect as well as nuisance caused by other way of satisfying the needs to which the Consumer would be exposed are taken into account.
6. The Consumer shall not withdraw from the contract if the defect is insignificant.
7. If the sold object has a defect, the Consumer may also:
a) demand a replacement of the object for an object free from faults;
b) demand rectification of a defect.
8. The Seller is obliged to replace the faulty object with the one free of faults or remove the defect in a reasonable time without excessive nuisance to the Consumer.
9. The Seller may refuse to comply with the Customer’s demand if bringing the faulty object into conformity with the contract in a way selected by the buyer is impossible or if in comparison to second possible manner of bringing it into conformity with the contract, it would require extensive costs.
10. If the faulty object has been assembled, the Consumer may demand that the Seller should disassemble and remount it after replacement with an object free from faults or rectify the defect, but shall be obliged to bear part of the costs exceeding the price of the sold object or may demand that the Seller should pay part of the disassembly and remounting costs for the price of the sold object. If the Seller does not fulfil this obligation, the Consumer is authorised to perform such actions at the cost and risk of the Seller.
11. The Consumer who exercises the rights in relation to statutory warranty is obliged to deliver the faulty object at the Seller’s cost to the address for complaints and if due to the type of an object or the manner of its mounting, the delivery by the Consumer would be excessively hindered, the Consumer is obliged to make the object available to the Seller in the place in which the object is located. If this obligation is not fulfilled by the Seller, the Consumer is authorised to send the object back at the Seller’s cost and risk.
12. The costs of replacing or repairing the object are borne by the Seller, except the situation described in §5 item 10.
13. The Seller is obliged to accept the faulty object from the Consumer in case of replacement of the object for an object free from faults or withdrawal from the contract.
14. Within fourteen (14) days, the seller shall express its opinion on the following, pursuant to art. 5615 of the Civil Code: declaration on request for lowering the price, request for replacing a product with the one free of defects, request for removing defects. The seller within thirty (30) days (art. 7a of the consumer law) shall express its opinion on any other consumer’s declarations, to which the period of fourteen days specified in the civil code does not apply.
Otherwise, it is deemed that he accepted the Consumer’s declaration or demand.
15. The Seller shall be liable for the statutory warranty if the physical defect is ascertained prior to the lapse of two years from the moment of releasing the object to the Consumer and if the subject of the contract was an object used prior to the lapse of one year from the moment of releasing the object to the Consumer.
16. The Consumer’s claim for rectification of a defect or replacing the sold object with the one free from faults expires as of the end of a year, counting from the day when defect was ascertained although not earlier than before as of the lapse of 2 years from the moment of releasing the object to the Consumer and if the subject of contract is a used object, before the lapse of one year from the moment of release of the object to the Consumer.
17. If the shelf date assessed by the Seller or the producer expires after the lapse of two years from the moment of releasing the object to the Consumer, the Seller shall be liable for the statutory warranty for physical defects of that object ascertained before the lapse of that date.
18. In the periods set forth in §5 items 15-17, the Consumer may submit a declaration on withdrawal from a contract or reducing the price due to a physical defect of the sold object and if the Consumer demanded a replacement with an object free from faults or rectification of the defect, the time limit for submitting a declaration on withdrawal from a contract or reduction of price starts from the moment of ineffective expiry of the time limit for replacing the object or rectifying the defect.
19. In case of claiming in a court or in arbitration court one of the rights under the statutory warranty the time limit for exercising other rights, vested to the Customer, shall be suspended until the final termination of the proceedings. It is applied mutatis mutandi to mediation proceedings, whereas the period to exercising other rights under the statutory warranty, vested to the Client, starts from the day of the court’s rejection of the understanding made before the mediator or ineffective mediation end.
20. In order to exercise the right under the statutory warranty for legal defects of the sold object, §5 items 15-16 shall be applied, but the time limit starts from the day on which the Consumer learnts about the defect and if the Consumer learnt about the defect as a result of a third person’s complaint- from the day on which the ruling issued in the dispute with the third person became valid.
21. If due to the defect of an object, the Consumer submitted a declaration on withdrawal from the contract or reduction of a price, he/she may demand redressing of the damage which he/she incurred because he/she had concluded a contract without knowing about the defect, even if the defect was a consequence of circumstances for which the Seller does not bear the responsibility, in particular may demand reimbursement of costs related with concluding a contract, costs of accepting, delivery, storing and indemnifying the object, the reimbursement of outlays made in the scope in which he/she did not generate profits on their account, and did not receive the reimbursement from a third person and the reimbursement of costs of proceedings at law. It does not preclude the provisions on the duty to redress the defect on general terms and conditions.
22. Expiry of no time limit for stating the defect would exclude exercising the right under the statutory warranty if the Seller insidiously dissimulated the defect.
23. If the Seller is obliged to benefit or financial benefit on the Consumer’s behalf shall exercise them without unnecessary delay, no later than in the period envisioned in the law.
1. The Personal Data Controller is responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to his/her personal data.
2. The Personal Data Controller processes the personal data of the Buyer on the basis of the consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Controller collects and processes personal data only to the extent justified by a contractual or legal obligation.
4. The Buyer's consent to the processing of personal data is voluntary and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. The following personal data is collected for the purpose of executing the Buyer's order:
postal address - necessary to issue a proof of purchase;
the place of delivery of the goods - necessary to address the shipment;
e-mail - necessary for communication related to the execution of the order;
telephone number - necessary for the selection of certain types of delivery.
§7 Final Provisions
1. Nothing in these Regulations aims to infringe the Buyer’s rights. Moreover, nothing shall be interpreted in that manner because in the case of discrepancies of any part of the Regulations with the applicable law, the Seller declares absolute compliance and application of the law in the place of the contested regulation of the REGULATIONS.
2. The Buyers shall be informed about changes in the Regulations via e-mail (to the e-mail address indicated while registering or ordering). The notification shall be sent at least 30 days before the modification of Regulations. The modifications shall be applied in order to adjust the Regulations to effective legislation currently in force.
3. Valid version of the Regulations is at all times available to the Buyer in the Regulations tab (https://tafmet.pl/english/content/9-regulamin). During the order processing and during the whole period of after-sales support services, the Buyer is obliged by the accepted Regulations except the situation when the Consumer finds them less beneficial than the valid ones and shall inform the Seller about the selections of the valid Regulations as the effective ones.
4. In any matters not settled herein, relevant effective legal provisions shall be applied. Any disputable issues, if the Consumer expresses such a will, shall be settled by mediation proceedings by the Voivodship Inspectorates of Trading Standards Association or the Court of Arbitration Process at the Voivodship Inspectorates of Trading Standards Association. The Consumer may also use equivalent and legitimate methods of pre-litigation or complementary dispute resolution, e.g. online dispute resolution (ODR) or by selecting at the consumer’s discretion an entitled entity among those included in the UOKiK register. The seller states its intention and expresses its consent to out-of-court settlement of the consumer dispute.
Ultimately, the case shall be settled by locally and substantially competent court.