Terms and Conditions of the online shop available at www.weareprometheus.eu
The Terms and Conditions are addressed to both Consumers and entrepreneurs using the Online Shop unless a given provision hereof provides otherwise and is addressed exclusively to Consumers or exclusively to entrepreneurs.
Provisions concerning the Consumer included in the Terms and Conditions shall also apply to a natural person conducting a business activity, who concludes an Agreement directly related to their business activity when the content of such Agreement indicates that it is not of professional nature for this person, resulting in particular from the subject of the Consumer’s business activity.
A prerequisite for using the Shop is to read the Terms and Conditions and the Privacy Policy, accept all provisions of the above-mentioned documents and agree to use the Shop in accordance with such provisions.
If you do not accept any of the provisions of the Terms and Conditions or the Privacy Policy, you should not use the Shop.
Article 1. DEFINITIONS
Any capitalised words, the meaning of which is defined below, shall be construed as follows:
Shop – the Seller’s online shop available at https://weareprometheus.eu/;
Terms and Conditions – the Terms and Conditions of the Shop;
Seller – Michał Dulian conducting a business activity under the name of Tipi TAMBOO Michał Dulian with its registered office in Wrocław at ul. Maślicka 6D/2, 54-107 Wrocław, phone: +48 724 048 242, e-mail: contact@weareprometheus.eu, NIP [Tax Identification Number]: 8943018207, REGON [Polish Business Registry Number]: 021475988;
Buyer – a natural person with full legal capacity (in cases specified by law, also a person with limited legal capacity), a legal person or an organisational unit without legal personality to which the law grants legal capacity, who uses services provided electronically by the Seller;
Consumer – a natural person making a legal transaction which is not directly related to their business or professional activities;
Registration Form – a form available in the Shop that enables the creation of the account;
Account – a set of resources in the Seller’s IT system, identified with an individual name (login) and password provided by the Buyer, in which the Buyer’s data, including information on Orders placed, are collected;
Order Form – a form available in the Shop that enables the Buyer to place an Order and the Order to be fulfilled without the need to create an Account;
Order – the Buyer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller;
Individual Offer – an offer prepared on the individual request of the Buyer, which shall be sent to the Buyer by the Seller by e-mail to the indicated e-mail address. Accepting the Individual Offer by the Buyer is tantamount to reading and accepting the Terms and Conditions of the Shop and the Seller’s Privacy Policy and thus concluding a Product Sales Agreement with the Seller;
Agreement – an agreement for the sale of the Product concluded through the Shop;
Product – a movable item available in the Shop, which is the subject of the Agreement concluded between the Buyer and the Seller. All Products available in the Shop are original, brand new (free of defects) and comply with applicable standards and requirements;
Basket – a list of Products including the Products offered in the Shop, selected by the Buyer’s choice;
Special Offer – a time-limited price discount on selected Products;
Proof of Purchase – a VAT invoice confirming the purchase of the Product;
Agreement Withdrawal Form – a document attached to the Terms and Conditions that allows the Buyer to withdraw from the Agreement;
Complaint Form – a document attached to the Terms and Conditions that allows the Buyer to submit a complaint;
Force Majeure – unforeseeable and unavoidable fortuitous events, including, in particular, sudden serious industrial and technological failures, suspension of energy supply, restrictions caused by war, strike, state of epidemic emergency, state of epidemic, natural disaster or order of national and local authorities preventing the implementation of the agreement, etc.;
Article 2. RULES FOR THE USE OF THE SHOP
By providing services electronically, the Seller enables the Customer:
– to create and maintain an Account in the Shop;
– to conclude the Agreement by completing the Order Form;
– to conclude the Agreement on the basis of the Individual Offer sent by the Seller to the Buyer.
Before completing the Registration Form and creating an Account, the Buyer is asked to read and accept the Terms and Conditions and the Privacy Policy. The agreement for the maintenance of the Account in the Shop is concluded for an indefinite period and does not impose any financial obligations upon the Buyer. The agreement may be terminated at any time by deleting the Account in the Shop or by sending information on the termination of the agreement by the Buyer to the Seller’s e-mail address: contact@weareprometheus.eu.
The Buyer shall use the Shop in a manner consistent with the applicable laws, principles of social interaction and good practice, bearing in mind the respect for personal rights and intellectual property rights of third parties.
The Shop may put selected Products on Special Offer. The rules of the Special Offer shall be determined and made public by the Seller. Announcements, Seller’s advertisements, price lists and other information about the Products published on the website of the Shop, including, in particular, their descriptions, technical and performance parameters as well as prices are an invitation to conclude the Agreement.
Article 3. TERMS OF PLACING AN ORDER
The Buyer may choose one of the following methods of placing an Order:
– placing an Order through a previously created Account;
– placing an Order by completing the Order Form available on the website of the Shop;
– placing an Order by accepting the Individual Offer received from the Seller.
The Orders referred to in Article 17 (1)(a) and (b) may be placed 24 hours a day, 7 calendar days a week.
To effectively place and fulfil the Order referred to in Article 3(1)(a), the Buyer shall fill in the Registration Form and thus create an Account.
To effectively place and fulfil the Order referred to in Article 3(1)(b), the Buyer shall add a Product to the Basket, fill in the Order Form available on the website of the Shop and send it to the Shop.
To effectively place and fulfil the Order referred to in Article 3(1)(c), the Seller shall send an offer prepared at the individual request of the Buyer and the Buyer shall accept the provisions thereof.
Orders placed on Working Days after 5 p.m. on Saturdays and Sundays and public holidays shall be processed on the next Working Day.
The Seller shall send the confirmation of the placement and acceptance of the Order shall be sent to the Buyer by e-mail. The Agreement shall be deemed to be concluded upon receipt of the e-mail by the Buyer.
Orders forwarded for processing may be modified or cancelled by the Buyer until the shipment of the Product. Changes may only involve the resignation from all or some of the Products included in the Order, changes to the delivery address or changes to the details on the Proof of Purchase. It is possible to change or cancel an Order by phone at +48 724 048 242 or by sending an e-mail to: contact@weareprometheus.eu. Any change in the Order may entail a change in the Order lead time.
The Order lead time shall be up to 7 Working Days. The Order lead time may differ depending on the type of the Product and its availability.
The Buyer shall be notified of the non-availability of Products. The Buyer may therefore agree on an extended Order lead time or cancel the Order in full or in part. In the case of the non-availability of Products, the estimated Order lead time shall be determined individually with the Buyer.
In the case of any doubts concerning the Order placed (e.g. error in the address, incomplete personal data), the Seller reserves the right to verify the Order by the Shop staff.
The Seller reserves the right to cancel the Order if the Buyer fails to complete the data required for effective fulfilment of the Order within 7 calendar days, despite being requested to do so.
Article 4. PAYMENTS
All prices quoted in the Shop include VAT and other components. Delivery costs shall be added to the total amount of the Order.
VAT, customs duties and other import charges which may be applicable under the laws of the country of destination due to the importation of goods shall be declared and paid by the Buyer at the time of purchase or delivery.
Due to significant differences in the import regulations of individual countries, we recommend that you contact the customs office of the country of destination of the Product to learn about import obligations and fees.
The Buyer shall be informed of the total amount of the Order each time before the final confirmation of the Order.
The Proof of Purchase shall be attached to each Order. To fulfil the Order, the Buyer shall authorise the Seller to issue VAT invoices without the recipient’s signature. The Proof of Purchase in the form of a PDF file, which can be downloaded and printed, shall be sent to the e-mail address indicated by the Buyer during the registration of the Account or the placement of the Order. If the Buyer wishes to receive a VAT invoice in paper form, they should contact the Shop by calling ta +48 724 048 242 or by writing to: contact@weareprometheus.eu
If the Buyer places an Order as an entrepreneur, the Shop will require additional data (e.g. company name, NIP [Tax Identification Number]/ VAT EU), compared to the data required from the Buyer placing an Order as a Consumer, which results from tax obligations imposed on the Seller and the Buyer.
If the Buyer places an Order and provides data as a Consumer, it is not possible to change the nature of the sales transaction to a professional one, i.e. transaction in which the Buyer acts as an entrepreneur.
The Buyer may choose one of the following methods of payment for the Products ordered (in certain cases or depending on the type and place of delivery chosen by the Buyer, the Seller reserves the right to accept only certain payment methods):
– payment by traditional bank transfer or online transfer to the Seller’s bank account;
– electronic (online) payment – Stripe;
– PayPal Express Checkout;
The payment method shall be chosen by the Buyer when placing the Order.
In the case of traditional bank transfer or online transfer to the Seller’s bank account, the Products shall be shipped when 100% of the total amount of the Order is credited to the Seller’s bank account. Payment transfers shall be made to one of the Seller’s bank accounts indicated below:
For payments in PLN:
Santander
35 1090 2516 0000 0001 3554 7972
SWIFT code: WBKPPLPP
For payments in EUR:
Santander
PL09 1090 2516 0000 0001 4889 9423
SWIFT code: WBKPPLPP
For payments in GBP:
Santander
PL45 1090 2516 0000 0001 4889 9454
SWIFT code: WBKPPLPP
Article 5. DELIVERY
The Buyer may choose the following delivery methods for the Products ordered (in certain cases or depending on the type and place of delivery chosen by the Buyer and the size of the parcel, the Seller reserves the right to accept only certain delivery methods):
– delivery of Products by courier;
– collection of Products from the collection point.
The delivery address shall be given by the Buyer when placing the Order.
Delivery costs shall be borne by Buyer.
Deliveries within the European Union are not subject to customs obligations. In the case of deliveries to non-EU countries, in particular Switzerland and the United Kingdom (except Northern Ireland), customs, tax and other obligations shall apply and shall be met by the Buyer.
The Buyer shall be informed of the delivery costs before the final confirmation of the Order.
Delivery costs depend on the type and size of the parcel and the delivery address. The final amount of the delivery costs is shown at the time of placing an Order.
The approximate delivery time, counted from the moment of handing over the parcel to the courier, on the territory of Poland (on Working Days ) is:
– in the case of delivery by courier: 2 Working Days;
– in the case of collecting the parcel from the collection point: 2 Working Days.
The delivery time within the European Union, counted from the moment of handing over the parcel to the courier (on Working Days), varies depending on the delivery address but usually, it does not exceed 7 Calendar Days.
The delivery time outside the European Union is longer depending on the delivery address but usually, it does not exceed 14 Calendar Days.
The Buyer undertakes to collect the Product ordered.
Article 6. COMPLAINTS CONCERNING THE DAMAGE TO THE PARCEL
After signing the shipping document (legible signature, date and time of parcel delivery), the Buyer, who is not a Consumer, shall check the contents of the parcel in the presence of the courier. The courier is required to wait until the parcel has been checked.
If the parcel is incomplete or a Product is found to be damaged, a damage report must be drawn up, which will be the basis for the complaint.
If the courier fails to fulfil their obligation, i.e. they do not wait until the parcel has been checked, the Buyer shall report the damage to the shipping company responsible for the delivery on the day of receipt.
If the parcel is damaged, the courier shall complete a damage report upon delivery. The report should be at the courier’s disposal. It is the courier’s responsibility to draw up the damage report. If the courier refuses to draw up the damage report, please report it to the Customer Service of the shipping company responsible for the delivery.
Before the Buyer signs the damage report, it should be read carefully and particular attention shall be paid to the conformity of the information contained therein with the actual state of the parcel (damage to the packaging, warning symbols). In addition, the Buyer may take photos of the Product damaged.
If the Buyer has any difficulties in checking the Product or the courier refuses to draw up the damage protocol, the Seller suggests writing down the personal details of the employee of the shipping company – name, surname and number of the courier – and immediately providing this information to the person who handled the Order or to the complaints department at +48 724 048 242.
The completed damage report (which must include the date of delivery of the goods) should be sent by the Buyer by e-mail to contact@weareprometheus.eu.
If the Buyer refuses to accept the parcel because it is damaged, an appropriate annotation shall be made on the shipping document.
Complaints concerning damage during transport are not reported by couriers, which is why the Buyer is asked to submit a completed damage report, which was drawn up with the courier, to the Seller.
The Product subject to the complaint shall be sent to the address of the Seller’s registered office:
Tipi TAMBOO Michał Dulian
ul. Maślicka 6D/2
54-107 Wrocław.
The above provisions shall not apply to Buyers who are Consumers. In their case, the Seller only recommends checking the parcel in the presence of the courier. Failure to check the parcel and draw up a damage report does not prevent a complaint, but such verification significantly facilitates the complaint procedure.
Article 7. COMPLAINT UNDER STATUTORY WARRANTY FOR PHYSICAL DEFECTS
The Buyer shall be obliged to notify the Seller if the Product is found to be defective.
The complaint must include a description of the defect, the date on which it arose and the Buyer’s request. To facilitate the complaint procedure, the Seller has created a Complaint Form and made it available on the website of the Shop in the form of a text file.
The Buyer shall be requested to send the completed Complaint Form to the Seller, for example via e-mail, to the following address: contact@weareprometheus.eu.
The Buyer shall not be obliged to use the forms prepared by the Seller.
The Buyer shall be requested to attach the Proof of Purchase or its copy to the Product covered by the complaint.
The Buyer shall be obliged to send the Product under complaint back to the Seller. In order to facilitate the processing of the complaint, the Proof of Purchase, information about the order number and the Buyer’s e-mail address must be included.
The Product subject to the complaint shall be sent to the address of the Seller’s registered office:
Tipi TAMBOO Michał Dulian
ul. Maślicka 6D/2
54-107 Wrocław
If the data or information provided in the complaint require supplementation, the Seller shall request the person submitting the complaint to supplement it in the indicated scope before processing the complaint.
The Seller undertakes to respond to the complaint submitted by the Buyer within 14 calendar days. If the Seller fails to reply after the period specified in the preceding sentence, the complaint shall be deemed justified.
The Seller shall be liable under the warranty if the defect has been found before the lapse of two years from the release of the Product to the Buyer.
Slight differences in the Product’s appearance resulting from individual settings of the Buyer’s computer – particularly the monitor – may not constitute sufficient grounds to lodge a complaint about the purchased Product.
The Seller’s liability under statutory warranty towards non-consumer Buyers shall be excluded.
Article 8. GUARANTEE
The proper functioning of Products offered in the Shop is covered by a quality guarantee specified on the Proof of Purchase, which shall be granted by the Seller.
The guarantee period shall commence on the date of purchase or installation of the original Product by the first Buyer (end-user) and last for one year.
The Buyer’s rights under the guarantee shall cease automatically upon the expiry of the guarantee period.
Any damage resulting from improper handling, storage, maintenance, failure to comply with the terms and conditions specified in the instruction manual and other causes not attributable to the manufacturer shall result in the loss of warranty benefits.
In order to lodge a complaint, the Buyer must fill in the Complaint Form or send it to the following e-mail address: contact@weareprometheus.eu.
The Complaint Form must include the Proof of Purchase.
The submitted complaint shall be verified by the Seller who shall determine whether the defect was not caused by the fault of the Buyer. The complaint shall be considered within 14 calendar days of its submission in written form.
The guarantee shall not exclude, limit or suspend the Buyer’s rights under the Seller’s liability for physical and legal defects of the Product resulting from the provisions of the warranty for defects of the goods sold.
Article 9. WITHDRAWAL FROM THE AGREEMENT
The Buyer who is a Consumer has the right to withdraw from the Agreement within 14 calendar days, without providing any reason:
– in the case of a purchase of one Product – from the date on which the Buyer acquired the Product or on which a third party, other than the carrier, indicated by the Buyer acquired the Product;
– in the case of a purchase of multiple Products which are delivered separately – from the day on which the Buyer acquired the last Product or on which a third party, other than the carrier, indicated by the Buyer acquired the last Product.
In order to exercise the right of withdrawal, the Buyer must inform the Seller of its decision to withdraw from the Agreement by means of an unequivocal declaration communicated to the Seller in a free manner.
The Buyer may use the model Agreement Withdrawal Form, although it is not obligatory. To comply with the withdrawal deadline, it is sufficient for the Buyer to send information on the exercise of the Buyer’s right to withdraw from the Agreement before the deadline expires.
When withdrawing from an Agreement concluded remotely, the Buyer shall be obliged to return the Product within 14 calendar days from the date of withdrawal.
Products returned when withdrawing from the Agreement shall be sent to the following address:
Tipi TAMBOO Michał Dulian
ul. Maślicka 6D/2
54-107 Wrocław
The Proof of Purchase or its copy must be attached to the returned Product.
The costs of shipping of the returned Product shall be borne by the Buyer.
If the Product cannot be sent back in a standard postal manner due to its nature, the Buyer shall bear the direct costs of returning the Product (e.g. costs of sending the Product by courier).
The Buyer must not use the Product prior to exercising the right of withdrawal from the Agreement.
The Buyer shall be liable for any decrease in the value of the Product resulting from its use beyond the scope necessary to establish the nature, characteristics and functioning of the Product.
In the case of damage consisting in a reduction in the value of the Product resulting from its use beyond the scope necessary to establish the nature, characteristics and functioning of the Product, the Seller shall issue a debit note to the Buyer, which shall reduce the value of the payment refund by the value of the damage or shall request the Buyer to cover the value of the damage.
In the event of withdrawal from the Agreement, the Seller shall guarantee a refund of payments received from the Buyer, excluding costs of delivery of Product to the Buyer, immediately and in any case no later than 14 calendar days from the date on which the Seller was informed of the Buyer’s decision to exercise its right of withdrawal from the Agreement.
The Seller may withhold the refund of payments until it receives the Product or until the Buyer provides the Seller with the proof of return of the Product, depending on which event occurs first.
The Seller shall refund the payment using the same method of payment as the Buyer, unless the Buyer has expressly agreed to a different method of refund, which does not entail additional costs.
In the event of a refund of a payment made by the Buyer with a payment card, the Seller shall make the refund to the bank account assigned to the Buyer’s payment card.
If the payment is made using an electronic method, the Buyer must provide a bank account number to which the refund shall be made.
If the Buyer selects a delivery method other than the cheapest one offered by the Seller, the Seller shall not be obliged to refund the additional costs of delivery incurred by the Buyer.
In the event of withdrawing from the Agreement and sending the Product at the expense of the Seller or via cash on delivery, the Seller shall charge the Buyer with the incurred costs of shipment.
The provisions of this section shall not apply to Buyers who are not Consumers.
Article 10. PERSONAL DATA PROTECTION
The Seller shall be the Personal Data Administrator of the Buyer.
In the case of comments, doubts and/or a wish to lodge a complaint regarding the processing of personal data, contact the Data Protection Officer of Kratki.pl at: contact@weareprometheus.eu.
Article 11. COPYRIGHT PROTECTION
All photos of Products and other materials (including texts, graphics, logos) placed on the Shop’s website constitute the property of the Seller or have been used by the Seller upon the consent of third parties that hold copyrights to such photos or materials.
It is forbidden to copy photos and other graphic materials and to use reprints of texts published on the Shop’s website, including making them available on the Internet, without the written consent of the Seller or another third party holding copyrights to such materials.
Third parties shall not be allowed to download photos from the Shop’s website and use them for marketing and commercial purposes.
The use of the above-mentioned materials without the written consent of the Seller or any other third party holding the copyright to them shall be deemed unlawful and may constitute grounds for civil and criminal proceedings against the parties involved.
Article 12. COPYRIGHT PROTECTION
The Seller shall not be liable for:
– the unavailability of the Shop due to Force Majeure;
– actions or omissions of the Buyer and third parties for whose actions or omissions the Buyer is responsible;
– the blocking of messages sent to the e-mail address indicated by the Buyer by mail server administrators, as well as the deletion and blocking of e-mail messages by software installed on the computer used by the Buyer;
– technical problems or limitations occurring in the computer equipment, end device, data communications system and telecommunications infrastructure used by the Buyer, which prevent the Buyer from the proper use of the Shop and the services it offers;
– the effects of using the Shop by the Buyer in a manner contrary to the applicable law, provisions of these Terms and Conditions or accepted customs;
– the speed of data transmission and related limitations, which result from circumstances of a technical, technological and infrastructural nature;
– errors in the processing of the Order or other instructions of the Buyer resulting from the provision of incorrect data by the Buyer.
The Seller reserves the right to introduce restrictions, suspend or terminate the provision of services offered by the Shop due to its technical service, maintenance, expansion or works on improving its functionality, provided that it does not infringe the Buyer’s rights. Simultaneously, the Seller undertakes to make every effort to ensure that such breaks take place during night hours and last as short as possible.
Article 13. FINAL PROVISIONS
The Seller reserves the right to change the Terms and Conditions.
Any changes shall enter into force at the time expressly indicated by the Seller, but not earlier than 7 Calendar Days after their announcement.
Orders placed before the entry into force of the changes referred to in the previous sentence shall be processed in accordance with the rules in force at the time of their placement.
Any disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. Moreover, the Consumer may seek out-of-court complaint and redress procedures.
If it is not possible to resolve a dispute amicably, including through mediation, the jurisdiction of the Court shall be determined in accordance with the provisions of the generally applicable law.
The relevant provisions of the generally applicable law shall apply to all matters not settled herein.
Terms and Conditions effective from 4 April 2022.