Terms and Conditions of Using the Online Store www.tamo.design

Effective from: 02.01.2020, last updated: 08.01.2025

The store available at the internet address www.tamo.design (hereinafter referred to as the "Online Store") is operated by TAMO DESIGN LIMITED LIABILITY COMPANY, with its registered office in Gdynia, al. Zwycięstwa 220, 81-547 Gdynia, entered into the National Court Register by the DISTRICT COURT GDAŃSK - PÓŁNOC IN GDAŃSK, 8th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under number KRS 0001141340, NIP 5862412329, REGON 540312833; email address: hello@tamo.design, contact phone number: +48 575 661 778

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I. DEFINITIONS

II. SERVICES PROVIDED ELECTRONICALLY

1. Terms of providing electronic services
2. Technical requirements necessary to cooperate with the ICT system used by the Seller
3. Methods and technical means for detecting and correcting errors in the entered data
4. Conditions for terminating the agreement on the provision of electronic services
5. Complaints regarding the provision of electronic services

III. SALES

1. Conditions of concluding a sales contract
2. Delivery methods
3. Payment methods
4. Seller's liability for the compliance of goods with the contract
5. Right of withdrawal
6. Warranty – Consumers
7. Modifications to the Seller’s liability in sales to Entrepreneurs

IV. FINAL PROVISIONS

1. Personal data
2. Copyright
3. Other final provisions

I. DEFINITIONS

Terms and Conditions – these Terms and Conditions include the rules of using the online store www.tamo.design as part of the provision of electronic services and the general terms of sale between the Customer and the Seller operating the online store.

Store – the Seller's online store available at the internet address www.tamo.design. The online store sells wooden furniture.

Seller – TAMO DESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Gdynia, al. Zwycięstwa 220, 81-547 Gdynia, entered into the National Court Register by the DISTRICT COURT GDAŃSK - PÓŁNOC IN GDAŃSK, 8th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under number KRS 0001141340, NIP 5862412329, REGON 540312833.

Customer – an entity for whom electronic services may be provided or who intends to conclude or has concluded a Sales Agreement with the Seller.

Consumer – according to Article 221 of the Civil Code of April 23, 1964 – a natural person performing a legal transaction not directly related to their business or professional activity.

Customer Account – a record identified by an individual name (login) and password provided by the Customer, containing Customer data used, among others, to manage orders, billing data and preferences regarding selected functionalities of the Store.

Registration Form – a form available in the online store enabling the creation of a Customer Account.

Newsletter Registration Form – a form available in the online store www.tamo.design enabling subscription to the newsletter provided by the Seller.

Order Form – a form available in the online store www.tamo.design enabling the placing of an Order.

Entrepreneur – according to Article 4 of the Act of March 6, 2018 – Entrepreneurs' Law – an entrepreneur is a natural person, legal person, or an organizational unit without legal personality, which has legal capacity granted by a separate act, conducting business activity.

Sales Agreement – means a distance sales agreement concluded under the rules specified in the Terms and Conditions and applicable law, between the Customer and the Seller.

Placing an Order – constitutes submitting by the Customer an offer to the Seller to conclude a sales agreement for the goods covered by the order, specifying in particular the type and quantity of the goods. The order may be placed after accepting these Terms and Conditions.

II. SERVICES PROVIDED ELECTRONICALLY

1. Terms of providing electronic services – The Seller provides the following services electronically via the Online Store: maintaining a Customer Account, enabling the submission of Orders via the Order Form, and providing the newsletter service.
2. Technical requirements necessary to cooperate with the ICT system used by the Seller – In order to use the Online Store, the Customer must have a device with internet access, a web browser that supports JavaScript and cookies, and an active email address.
3. Methods and technical means for detecting and correcting errors in the entered data – Before placing an Order, the Customer has the opportunity to review and modify the data entered. In case of errors in the data provided, the Customer may also contact the Seller directly to correct them.
4. Conditions for terminating the agreement on the provision of electronic services – The Customer may terminate the use of electronically provided services at any time without providing a reason by deleting their Customer Account or unsubscribing from the newsletter. The Seller may terminate the provision of electronic services in the event of the Customer violating the provisions of the Terms and Conditions.
5. Complaints regarding the provision of electronic services – Complaints related to electronic services provided by the Seller may be submitted electronically to the following email address: hello@tamo.design. The complaint should contain the Customer’s name, contact details, a description of the issue, and the Customer’s request. The Seller will consider the complaint within 14 days of its receipt and inform the Customer of the outcome via email.

III. SALES

1. Conditions of concluding a sales contract
Product information provided on the Online Store does not constitute an offer within the meaning of the Civil Code but an invitation to conclude a contract. The sales contract is concluded upon confirmation of the order by the Seller.

2. Delivery methods
The ordered products are delivered via courier to the address indicated by the Customer in the Order Form. Delivery costs and estimated delivery time are provided before finalizing the order.

3. Payment methods
The Customer may choose one of the available payment methods: bank transfer, electronic payment systems, or other methods made available in the Online Store.

4. Seller's liability for the compliance of goods with the contract
The Seller is responsible for delivering goods compliant with the contract and is liable for any lack of conformity existing at the time of delivery and revealed within two years from that moment.

5. Right of withdrawal
The Consumer has the right to withdraw from the contract within 14 days from the date of delivery without giving any reason. In order to exercise this right, the Consumer must submit a declaration of withdrawal. Returned products must not bear signs of use and must be complete.

6. Warranty – Consumers
In case of non-conformity of the goods with the contract, the Consumer is entitled to rights provided by applicable law, in particular the Civil Code, and may file a complaint by contacting the Seller.

7. Modifications to the Seller’s liability in sales to Entrepreneurs
In the case of sales to an Entrepreneur, the Seller's liability under warranty is excluded to the extent permitted by applicable law.


IV. FINAL PROVISIONS

1. Personal data
The Customer's personal data is processed by the Seller in accordance with applicable law, in particular with the General Data Protection Regulation (GDPR), for purposes related to the execution of orders and services provided via the Online Store. Detailed rules for data processing are set out in the Privacy Policy.

2. Copyright
All content, photos, graphics, and other materials available in the Online Store are protected by copyright and belong to the Seller or are used with appropriate permission. Their copying or distribution without the Seller’s consent is prohibited.

3. Other final provisions
These Terms and Conditions are subject to Polish law. In matters not regulated herein, the provisions of generally applicable law shall apply. Any disputes between the Seller and the Customer will be settled by the competent court in accordance with applicable legal provisions.

V. COMPLAINT PROCEDURE

1. The Seller is liable to the Customer if the sold product is inconsistent with the contract.

2. If the product is inconsistent with the contract, the Customer may request its repair or replacement. The Seller may perform a replacement when the Customer requests a repair, or perform a repair when the Customer requests a replacement, if bringing the product into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the contract.

3. The Seller will carry out the repair or replacement within a reasonable time from the moment the Seller is informed by the Customer about the lack of conformity, and without undue inconvenience for the Customer, taking into account the specific nature of the product and the purpose for which the Customer purchased it.

4. The costs of repair or replacement, including in particular the cost of postage, transportation, labor, and materials, shall be borne by the Seller.

5. The Customer is not obliged to pay for the normal use of the product that was subsequently replaced.

6. If the product is inconsistent with the contract, the Customer may submit a declaration of price reduction or withdrawal from the contract when:
– the Seller refused to bring the product into conformity with the contract,
– the Seller did not bring the product into conformity with the contract,
– the non-conformity persists despite the Seller’s attempts,
– the non-conformity is so significant that it justifies a reduction in price or withdrawal from the contract without prior request for repair or replacement,
– it is clear that the Seller will not bring the product into conformity within a reasonable time or without excessive inconvenience for the Customer.

7. The reduced price must remain in proportion to the price resulting from the contract, in which the value of the non-compliant product is compared to the value of a compliant product.

8. The Seller returns the amounts due to the Customer as a result of exercising the right to a price reduction or withdrawal from the contract immediately, no later than within 14 days from receiving the declaration.

9. The Customer may submit a complaint via email to hello@tamo.design. The complaint should contain the Customer’s contact details, description of the issue, order number, and Customer's request. The Seller will process the complaint within 14 calendar days.

10. The Seller is liable for any non-conformity of the product with the contract that existed at the time of delivery and became apparent within two years from that moment.

VI. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. The Customer being a Consumer has the option of using out-of-court complaint and redress procedures. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules for access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:
– https://www.uokik.gov.pl/spory_konsumenckie.php
– https://www.uokik.gov.pl/sprawy_indywidualne.php
– https://www.uokik.gov.pl/wazne_adresy.php

2. The Customer being a Consumer has, among others, the following options for using out-of-court complaint and redress procedures:
– the right to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000 on the Trade Inspection,
– the right to apply to the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
– the right to obtain free assistance in resolving a dispute between the Customer and the Seller, including the help of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

3. An online platform for dispute resolution between consumers and businesses at the EU level (ODR platform) is available at: https://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service agreement.

VII. FINAL NOTES

1. The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading at any time from the Online Store website.

2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, in particular: changes in the law, changes in the scope or form of payment or delivery methods, or technical changes to the Online Store operation. The Customer will be informed of any changes via the Online Store.

3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on Consumer Rights, and the Act on the Provision of Electronic Services.

4. The Terms and Conditions do not exclude or limit any rights of the Consumer that they are entitled to under mandatory provisions of law.

VIII. RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT

1. A Customer who is a Consumer has the right to withdraw from the contract concluded with the Seller within 14 days without giving any reason.

2. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods.

3. To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email).

4. The Customer may use the withdrawal form template, but it is not mandatory.

5. To meet the withdrawal deadline, it is sufficient for the Customer to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

6. If the Customer withdraws from the contract, the Seller will reimburse all payments received from the Customer, including the costs of delivery (except for the additional costs resulting from the Customer's choice of a delivery method other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the decision to withdraw from the contract.

7. The Seller will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.

8. The Seller may withhold reimbursement until they have received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

9. The Customer shall send back or hand over the goods to the Seller to the following address:
TAMO DESIGN Sp. z o.o., al. Zwycięstwa 220, 81-540 Gdynia – without undue delay and in any event not later than 14 days from the day on which the Customer communicates the withdrawal from the contract. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.

10. The Customer will have to bear the direct cost of returning the goods.

11. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.