TERMS AND CONDITIONS OF THE TAILWHIP.STORE
Regulations of the tailwhip.store online shop
The tailwhip.store online shop, operating under the address www.tailwhip.store, is operated by Fursoller sp. z o.o., with its registered office in Warsaw 02-672, Domaniewska 47/10, entered in the Register of Entrepreneurs of the National Court Register under the number 0000913174.
Definitions used in the Rules and Regulations:
Internet shop - a shop operating at the address www.tailwhip.store, selling goods on its offer via the Internet.
Lead time - the time taken for the Online Shop to complete an order and transmit it for dispatch by the delivery method selected by the Customer.
Working days - all days of the week from Monday to Friday, excluding public holidays.
Consumer - a natural person who makes a purchase for a purpose that is not related to professional or business activity.
Payment processor - an entity, external to the Online Shop, which acts as an intermediary in the processing of payments by electronic transfer, bank transfer or credit card payment.
Courier - an entity external to the Online Shop, which carries out the delivery of goods ordered by the Buyer from the Warehouse to the address provided by the Buyer. The Buyer may choose the Courier from among the entrepreneurs cooperating with the Online Shop.
Warehouse - a place where the Buyer's orders are completed.
Entrepreneur on the rights of a consumer - a natural person, concluding a contract directly related to his/her business activity, when from the content of the contract it follows that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
I. Offer
The information contained on the websites of the Online Store does not constitute an offer within the meaning of the Civil Code. By placing an order through the mechanisms available on the web pages of tailwhip.store, the Customer makes an offer to purchase a specific product under the conditions specified in the product description.
All products available in the Online Store are brand new and free from physical and legal defects, subject to the so-called outlet products, whose possible defects and damage are disclosed in the product description. Notwithstanding the above, all products in the Online Store have been legally introduced into the Polish market.
The products offered in the shop are not intended for commercial use (the buyer being an entrepreneur within the meaning of Article 43 of the Civil Code), unless the product description in the online shop www.tailwhip.store states otherwise.
Part of the shop's offer, especially large-size products, is sent for transport reasons in a condition requiring self-assembly. These and other products are accompanied by assembly/handling instructions.
II. Taking orders
In order to start using the Shop, it is necessary to read and accept these Terms and Conditions.
The Buyer may place orders 24 (twenty-four) hours a day via the website www.tailwhip.store.
By placing an order, the Buyer enters into a contract of sale of the ordered goods with the Online Shop.
In the order, the Buyer indicates:
the ordered goods
method of delivery and method of payment
the delivery address, and optionally: the details to which the invoice is to be issued.
The buyer can make changes to the order, including cancelling the order, until the order is processed (i.e. until it is sent for dispatch).
Technical requirements necessary to use the online shop:
correctly configured web browser supporting HTML, CSS, JavaScript standards
screen resolution of 1024x768 pixels or higher
Cookies and JavaScript enabled
active e-mail account
III. Order processing
The delivery time consists of the order processing time and the delivery time, with only working days being taken into account.
The delivery time depends on the form of the selected delivery method.
An order consisting of goods with different lead times shall be dispatched after the order has been completed in its entirety, i.e. after the longest of the listed lead times.
In the case of payment by bank transfer, the aforementioned lead time is extended by the time of processing the transfer, and in the case of payment by instalment - by the time of preparing and signing the instalment contract.
In the event that the goods are not available in the Warehouse or the Buyer's order cannot be fulfilled, the Online Shop has the right to withdraw from the contract within 30 (thirty) days from the date of its conclusion.
If the expected completion date of the order is longer than 30 (thirty) days, the Online Shop has the right to withdraw from the contract within the period provided for the completion of the order in question.
If the Warehouse runs out of the goods or goods covered by the Buyer's order and it is not possible to order them from suppliers within the time foreseen for the fulfilment of the order, the Online Shop shall immediately contact the Buyer (a message to the e-mail address provided by the Buyer or by telephone), with a request to make a decision on how to proceed with the order.
IV. Availability of goods
The presence of goods on the product pages of the Internet Shop does not mean that the goods are available and that the order can be processed.
The product pages of individual goods on offer in the Internet Shop contain information on availability of these goods and the time for processing the order.
The ordered goods shall be delivered only when the ordered goods are in the Warehouse.
V. Payment methods
Payment for the goods can be made by electronic transfer, bank transfer or by credit card - the processing of the order shall be commenced after the Online Shop has received confirmation of the correct execution of the payment by the entity processing the payment.
VI. Proof of purchase
By accepting the Terms and Conditions, the Customer purchasing the products offered agrees to the issue and sending of invoices in electronic form by the Seller, in accordance with the Regulation of the Minister of Finance of 14 July 2005 on issuing and sending invoices in electronic form, as well as storing and making them available to the tax authority or tax inspection authority (Journal of Laws of 2005, No. 133, item 1119) and the rules of issuing, sending and storing electronic invoices. Consent to receive an invoice in electronic form is tantamount to waiving the receipt of a paper invoice.
The Customer's acceptance does not exclude the Online Shop's right to issue and send paper invoices.
The Seller issues and sends invoices in electronic form, guaranteeing the authenticity of their origin and the integrity of their content. In order to open the file, the Customer should have free software compatible with the PDF format. The online shop recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at https://www.adobe.com.
The Seller shall not be liable for incorrect data of the Buyer indicated by the Buyer during registration as appropriate for issuing a VAT invoice.
Any invoice in electronic form will be delivered to the Customers via e-mail to the addresses provided by the Customer in the registration form. A change of the Customer's e-mail address requires a written or electronic notification to the Seller. If the Customer fails to notify the Seller of a change of e-mail address, correspondence sent to the previous e-mail address shall be deemed to have been properly delivered.
The Customer shall be entitled to withdraw acceptance in accordance with § 3 section 4 of the Regulation by means of a written declaration of intent to the address: Fursoller sp. z o.o., 47/10 Domaniewska St., 02-672 Warsaw or electronically to the shop's e-mail address. In the case of withdrawal of acceptance, from the day following the day of delivery of the Customer's declaration of withdrawal of acceptance, the Online Shop shall lose the right to issue and send electronic invoices to the Customer.
VII. Prices
The prices on the Online Shop website next to the offered goods are given in Polish zloty and include VAT.
The binding and final price shall be the price of goods given on the Online Shop website at the time of placing an order by the Buyer.
The Buyer shall bear the costs of the selected manner of delivery specified in the price list of the Delivery Costs indicated in the Online Shop under the tab ‘Delivery Costs’, which depend on the size and weight of the ordered product and are visible to the Buyer in the shopping basket and calculated precisely before placing the order.
Information on the total value of the order is presented after the Buyer has selected the form of delivery of the order and the form of payment.
The Internet shop reserves the right to make changes to the prices of goods on offer on an ongoing basis and to conduct and cancel all types of promotional actions and sales.
Orders placed before the effective date of price changes, conditions of promotional actions or sales will be processed according to the previous rules.
VIII. Cost of delivery
Delivery costs are indicated on the product pages, taking into account the most cost-effective form of delivery when paying by bank transfer to the Online Store's account or by quick payment (PayU, PayPal). When placing an order, the Buyer may choose any other method of delivery and any other form of payment.
The delivery costs of the ordered goods will be automatically calculated at the time of placing the order and depend on the choice of the delivery method and the form of payment.
The costs of delivery and the method of shipment shall not be binding upon the Buyer having his registered office or place of residence outside the territory of the Republic of Poland.
IX. Collection of shipments
Upon receipt of the shipment, the Buyer shall be obliged to check the condition of the product and its compliance with the order in the presence of an employee of the courier company. In case of damage to the goods or lack of the product indicated in the order, a complaint protocol should be drawn up in the presence of the courier, including a description of the damage (the courier is obliged to have a printout of this protocol).
In the case of non-consumer sales, complaints relating to mechanical damage caused during transport will only be considered if the fault is discovered in the presence of the courier company employee.
The courier is obliged to deliver the consignment to the Buyer's premises only if the weight of the consignment does not exceed 30 kg. For orders of higher weight, the Buyer is obliged to collect the consignment from the courier's car.
X. Right of withdrawal
Pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014.827), the Buyer who is a Consumer has the right to withdraw from the concluded contract of sale without giving any reason within 14 days from the date on which the Buyer or a third party other than the carrier indicated by the Buyer takes possession of the item. Resignation can be made from all or part of the ordered goods.
As of 01.01.2021, for a customer who is a natural person concluding a contract directly related to his/her business activity, the provisions concerning the consumer shall apply, when it follows from the content of the contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
In order to exercise the right to withdraw from the contract, the Customer should inform the online shop of his/her decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail), sent to the address of the shop.
To meet the withdrawal deadline, it is sufficient for the Customer to send information concerning the exercise of his/her right of withdrawal before the expiry of the withdrawal period.
An example of the model withdrawal form is included under the link [withdrawal form] and is additionally available on the website of the Online Shop under the tab ‘Option to return goods’. The consumer may use the sample form, but it is not obligatory.
The customer shall bear the direct costs of returning the item.
In the event of withdrawal from the contract, the Online Shop shall reimburse to the Customer all payments received from the Customer, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Shop), immediately and in any case not later than 14 days from the day on which the Online Shop was informed of the Customer's decision to exercise the right of withdrawal.
The Online Shop shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of ‘cash on delivery’ payments, the refund will be made to the bank account number provided by the customer. The Store may withhold the refund until it has received the item or until it has provided the Store with proof of return, whichever event occurs first.
Customers shall only be liable for any reduction in the value of the returned goods resulting from their use other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
The consumer is not entitled to withdraw from the contract in cases listed in Article 38 of the Consumer Rights Act, i.e. in particular in the case of a contract:
in which the object of the performance is a non-refabricated item, produced to the consumer's specification or serving to satisfy his/her individualised needs
in which the object of the performance is an item that is perishable or has a short shelf life
where the object of the performance is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery
where the object of the performance is the provision of goods which, by their nature, are inseparably mixed with other goods after delivery
in which the object of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.
The goods should be returned in an unaltered condition (unless the change was necessary within the limits of ordinary management) together with the complete equipment and accessories issued at its sale.
XI. Goods complaints
Goods sold by the Online Shop may be covered by a guarantee granted by the manufacturer of the goods or the distributor of the goods in question.
In the case of goods for which the manufacturer or distributor has given a guarantee, the Buyer may complain about irregularities of the delivered goods using the rights under the guarantee.
The Purchaser complains about the equipment directly to the entity granting the guarantee and the Internet Shop is only an intermediary forwarding the complaint. The Purchaser may, at his/her choice, apply to the warranty service directly or indirectly - via the Internet Shop.
The terms and conditions and the manner of reporting and processing irregularities reported by the Buyer are specified in the guarantee of the manufacturer or distributor of a given product.
Obtaining a warranty for purchased goods does not exclude the Purchaser from exercising his/her rights under the non-conformity of goods with the contract.
The basis and extent of the Seller's liability towards the Customer in the event of non-conformity of the goods with the contract are set out in generally applicable laws, in particular the Act on Consumer Rights, Article 43a et seq. In the case where the buyer is not a Consumer or Entrepreneur on Consumer Rights, the parties exclude liability under the warranty for physical defects of the goods (Article 558 of the Civil Code).
The Online Shop shall, within 14 (fourteen) days, respond to the Buyer's complaint and notify the Buyer on how to proceed.
In order to lodge a complaint, the Buyer should make the advertised goods available to the Seller.
The Online Shop is not responsible for the consequences of improper use of the goods contrary to the information on the leaflet or packaging.
You can make use of out-of-court ways of dealing with complaints and claims.
As a customer who is a consumer, you have the right to:
(a) to lodge your complaint through, inter alia, the EU ODR online platform available at.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
b) submit a request for out-of-court settlement of consumer disputes
through the Trade Inspection (www.uokik.gov.pl/wazne_adresy.php#faq595).
XII. Personal data
The Customer's personal data is processed by the Seller as personal data administrator.
The provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude a Sales Agreement or make a Booking.
The Seller applies appropriate technical and organisational measures to ensure the protection of the processed personal data.
The Customer's Personal Data made available within the framework of the Online Shop or obtained on the basis of the Customer's activity on the Internet shall be processed by the Seller for specific, defined purposes indicated within the framework of particular forms within the Online Shop and described in detail within the Privacy Policy available at the Online Shop.
As a rule, depending on the use of specific functionalities, the Customer has the right to lodge a complaint with the authority competent for the protection of personal data, the right to object, the right to access his/her personal data, to request their rectification, deletion, restriction of processing and data portability.
Additional explanations regarding the protection of personal data are contained in the Privacy Policy available in the Online Shop.
XIII. Information concerning processing of personal data of shop users
The information indicated below is made available to the User also at the time of collecting his/her personal data on the Shop's pages.
The Administrator of the personal data of Shop Users is Fursoller sp. z o.o. The Administrator processes the personal data of Store Users in accordance with the General Data Protection Regulation of 27 April 2016. (‘RODO’).
Contact to the Data Protection Inspector: ochrona.danych@tailwhip.store, Fursoller sp. z o.o., 47/10 Domaniewska Street, 02-672 Warsaw.
The personal data of the Store Users is processed, among others, in the following scope:
in order to carry out agreements concluded with the User for the sale of goods from the Shop - the basis of data processing in this case shall be the agreement concluded with the Administrator through acceptance of the Rules and Regulations of the Shop;
in order to maintain a User's account in the Shop - the basis of data processing in this case is the agreement concluded with the Administrator through the setting up of an account and acceptance of the Rules and Regulations of the Shop;
in order to carry out complaint processes - in this case, the basis for data processing is the Administrator's obligation under the law on warranty for defects of goods sold;
if the User gives separate consent, commercial information concerning goods offered for sale in the Store, including promotional offers, may be sent to the User's specified e-mail address or telephone number - in this case, the basis for processing the User's data is his consent, which is not obligatory and may be withdrawn at any time;
in order to direct personalised marketing messages to the User on the Shop website, e.g. in the form of suggestions for the purchase of goods using profiling. The messages will be prepared on the basis of an analysis of purchases made by the User - the basis for the processing of the User's data in this case shall be the Administrator's legitimate interest consisting in the marketing of goods offered in the Shop;
for marketing purposes - the Administrator shall send information from time to time to the delivery address provided by the User about the offer of tailwhip.store or the offer of its commercial partners - the basis for processing of the User's personal data in this regard shall be the Administrator's or his partners' legally justified interest consisting in marketing of the goods indicated in the offer; the User may at any time object to the processing of his/her personal data in this regard by contacting the Shop,
for statistical purposes for the internal needs of the Administrator - in this case, the basis of processing will be the Administrator's legitimate interest consisting in collecting information making it possible to develop the activity and adjust the services to the needs of the Shop's Users;
in order to confirm the Administrator's fulfilment of his/her obligations and to assert or defend against claims that may be directed against the Administrator, or to prevent or detect fraud - in this case, the basis for processing the User's data shall be the Administrator's legitimate interest consisting in the protection of his/her rights, confirming the fulfilment of his/her obligations and obtaining due remuneration on this account from the Administrator's customers.
When making purchases in the Shop, the User provides certain personal data necessary to perform the sales contract. Refusal to provide data necessary for the fulfilment of the order results in the Store's inability to perform the sales contract. It is not obligatory for the User to consent to receiving commercial information to the provided e-mail address or the provided telephone number for the performance of the concluded contract of sale of Goods. If consent is given, it may be withdrawn at any time. The withdrawal of consent does not affect the legality of the processing before the withdrawal.
The Administrator will share the User's personal data with entities that cooperate with us in the performance of the contract of sale of the Goods purchased by the User, including the collection of payment for the purchased Goods, as well as the delivery of the Goods.
The personal data provided by the User will be processed for the period necessary for the performance of the sales contract, as well as claims, as well as confirmation of the fulfilment of the Administrator's obligations and the assertion of claims or defence against claims that may be directed against the Administrator - but not longer than 10 years from the date the User provided the Administrator with his/her data.
The Administrator applies IT and organisational safeguards aimed at minimising the risk of data leakage, destruction, disintegration, such as: firewall system, anti-virus and anti-spam security systems, internal procedures for access, data processing and emergency recovery, as well as a multi-level backup system.
Under the principles set out in the RODO, the User has the following rights in relation to the processing of his/her personal data by the Administrator in connection with the operation of the Shop: the right to access the data, to update the data, the right to request data transfer, to delete the data, to object to the processing of the data and the right to request the restriction of the processing of the data.
The User has the right to lodge a complaint with the President of the Personal Data Protection Authority in relation to the processing of the User's personal data by the Administrator.
XIV. Final provisions
The goods presented on the product pages of the Internet Shop do not constitute an offer within the meaning of the Civil Code.
In matters not regulated by these Rules and Regulations the provisions of the Civil Code or provisions of other legal acts applicable to the activities and functioning of the shop shall apply accordingly.
Any disputes related to the services provided by Fursoller sp. z o.o. within the tailwhip.store shall be settled by common courts. The customer, who is a consumer, has the possibility to use the out-of-court procedure for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Voivodeship Inspector of Trade Inspection in Poznań. Information on how to access the above-mentioned procedure and dispute resolution procedures can be found at the following address: www.uokik.gov.pl, under the tab ‘Settlement of consumer disputes’.
Pursuant to the Act of 11 September 2015 on used electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended), a buyer purchasing electrical or electronic equipment has the right to return old (used) equipment of the same type free of charge to the shop where he or she purchased the new goods.
The Internet shop does not accept parcels sent back cash on delivery.
The sales contract is concluded in the Polish language.
All the names of the goods offered for sale by the Internet Shop are used for identification purposes and may be protected and reserved pursuant to the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).