§1 DEFINITIONS
The terms written with a capital letter in these Regulations shall have the following meanings, unless the context indicates otherwise:1. Store – the online store located at the domain www.thesu.pl;
2. Seller – Aleksandra Byrczek, the owner of the Thesu store, with its registered office at ul. Daliowa 4/1, 30-612 Krakow, Poland; NIP 8392015850;
3. Product, Products – all goods offered by the Seller for sale in the Store;
4. Client, User – a person using the Store, a user of the Store;
5. Regulations – these regulations, which constitute a set of rules for using the Store and purchasing Products;
6. Agreement – a sales agreement concluded by and between the Client and the Seller via the Store. The rules resulting from the Regulations shall apply to the aforementioned sales agreement.
§2 GENERAL INFORMATION
1. A condition for starting to use the Store is to read and accept these Regulations.2. By placing an order, the Client agrees to use the Store in accordance with the provisions of these Regulations, in the version applicable on the day the order is placed.
3. Lack of acceptance of the provisions of these Regulations prevents the use of the Store and the purchase of Products offered by the Seller.
4. The Client’s personal data are processed by the Seller in accordance with the Privacy Policy.
5. All Products offered for sale are new and unused.
§3 NEWSLETTER AND AVAILABILITY NOTIFICATION
1. The Client may subscribe to the service of receiving notifications about Products and the latest events concerning the Thesu brand ("Newsletter") by completing the form available on the Store’s website under the Contact or Newsletter section (link).2. To subscribe to the Newsletter, the Client provides their email address to which they wish to receive the Newsletter and confirms acceptance of the Regulations.
3. The Newsletter is sent electronically (via email).
4. By providing an email address, the Client agrees to:
- Processing of their personal data in accordance with the Regulations for the purpose of receiving notifications about Products and the latest events concerning the Thesu brand (marketing purposes);
- Receiving commercial information from the Store within the meaning of Article 10(2) of the Act of 18 July 2002 on the provision of electronic services at the email address provided during registration (Journal of Laws of 2019, item 123, 730).
5. To automate the Newsletter service, the Store uses the MailChimp platform. By subscribing to the Newsletter, the Client consents to the transfer by the Seller of the personal data provided by the Client to MailChimp (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA) for processing in accordance with their Privacy Policy and Terms of Use. MailChimp is certified under the EU-U.S. Privacy Shield Framework and complies with GDPR requirements.
6. The Client may unsubscribe from the Newsletter at any time by clicking the link at the bottom of each received email.
7. The Client may subscribe to the service of being added to a waiting list for a one-time notification about the availability of a selected Product ("Availability Notification") by completing the form available on the Store portal for the specific Product chosen by the Client.
8. To order the Availability Notification service, the Client provides their email address to which they wish to receive a one-time notification about the availability of the selected Product and confirms acceptance of the Regulations. The notification is sent electronically (via email).
9. Each one-time notification concerns a single selected Product. To receive notifications for multiple Products, the Client must subscribe to the Availability Notification service for each Product individually.
10. The provisions of §3 section 4 above apply accordingly.
§4 CONCLUSION OF THE SALES AGREEMENT
1. The Client concludes a Sales Agreement by placing an order on the Store’s website. The Sales Agreement is concluded between the Client and the Seller. The Regulations constitute a template of the Agreement.2. The sales process consists of the following steps: (i) adding Products to the cart, (ii) proceeding to checkout, (iii) confirming the content of the placed order, (iv) making payment, (v) order verification, (vi) confirmation of acceptance of the order for processing (conclusion of the Sales Agreement), (vii) delivery.
3. To place an order and go through the ordering process, the Client have to:
* Select Products from the available offer, including their color and quantity;
* Click the “add to cart” button on the Store page displaying the selected Product,
* Click the “proceed to checkout” button,
* Verify the list of ordered Products,
* Provide contact and delivery details,
* Select a delivery method and accept its cost,
* Choose a payment method,
* Confirm the order by clicking the “place order” button.
4. Until the selection of Products is confirmed by clicking the “place order” button, the Client may make changes regarding Products, delivery contact details, delivery method, payment method, as well as the form of purchase confirmation, i.e., receipt or VAT invoice (later changes in this regard are not possible, e.g., issuing an invoice instead of a receipt or issuing a corrective invoice not required by law, including changes to buyer data on the invoice, particularly as a result of resale).
5. Clicking the “place order” button constitutes the Client’s submission of an order with the specified content, i.e., the Client’s offer to purchase the Products included in the order.
6. The content of the order, along with information on Product and delivery costs, will be displayed on the Store’s website.
7. After placing an order, the Client must immediately make payment according to the chosen payment method. From the moment the order is placed, the Client has ten minutes to complete the payment. After this time, the order is automatically canceled.
8. After the order is paid, a message summarizing the order, including the type of Products, order value, selected delivery method and its cost, payment method, and the Client’s contact details, will be sent to the email address provided by the Client.
9. Once the payment is recorded by the Store, the Seller processes the Client’s order for verification. After successful verification, the Seller accepts the order for processing. The Client receives an electronic confirmation of acceptance of the order for processing (“Order Acceptance Confirmation”) at the email address provided. The Seller’s confirmation of acceptance of the order constitutes the conclusion of the Sales Agreement. The fulfillment period is up to 30 business days from the date the payment is recorded.
10. Orders can be placed at any time, every day of the week. Orders placed on non-working days will be processed on the first business day following the day the order was placed.
11. A condition for placing and processing an order is providing the necessary data for Product delivery and accepting the content of the Regulations.
12. Until receiving the Store’s confirmation of acceptance of the order for processing, the Client has the right to cancel the order. To do so, the Client should immediately contact the Store via email at hello@thesu.pl and inform the Store about the cancellation.
13. Order acceptance is at the Seller’s discretion. The Seller reserves the right to refuse acceptance of a Client’s order, particularly in cases where:
* The Client’s contact and delivery details are incomplete or incorrect;
* Payment authorization in the electronic payment system selected during the order fails;
* Payment has not been made within the required time;
* The Product is unavailable.
§5 DELIVERY AND PICKUP
1. The Store offers one delivery method:* Courier shipment to the address provided by the Client.
2. Order fulfillment begins after the payment, including the sale price and shipping costs, is credited to the Seller’s bank account via the selected payment system and the order has been successfully verified by the Seller.
3. The Client is informed about the delivery cost of Products during the ordering process. The Client bears the cost of delivery to the address provided.
4. At the moment of dispatch, the Client will receive an electronic confirmation of shipment at the email address provided.
5. In exceptional situations, particularly if a delay in Product delivery may occur, the order fulfillment time will be additionally confirmed by a Store employee via email or telephone.
6. The expected delivery time for domestic orders is 1–3 business days from the day following the shipment. Delivery time, handled by an external company (Pocztex), may be extended due to reasons beyond the Seller’s control.
7. For international shipping, costs are calculated based on your location and the selected products. The total cost will be displayed in your shopping cart at checkout.
8. Upon receipt of a shipment delivered by the courier, the Client should carefully check, in the courier’s presence, the completeness of the contents, the condition of the external packaging, and the condition of the ordered Product. In case of any damage to the shipment, the Client should prepare a damage report together with the courier in two identical copies, signed by both the Client and the courier.
§6 SALES, PRICES, AND PAYMENTS
1. The price of a given Product shown on the Store’s website is binding for the parties from the moment the order is placed and the Client receives the Seller’s confirmation of acceptance of the order for processing, regardless of any subsequent changes on the Store.2. In the event of a sale or promotion, the price displayed on the Store’s website as struck-through (reference price) is the lowest price of the Product that applied during the 30 days preceding the discount.
3. Product prices in the Store are gross prices. In both Polish and English store, prices are shown in Polish zloty (PLN).
4. Order fulfillment begins after the Seller receives payment for the Product and ends when the Product is received by the Client. Upon delivery, the Client assumes the risk associated with the Product (including loss or damage).
5. The Store reserves the right to change the prices of Products in the Store, introduce new Products for sale, conduct and cancel promotional campaigns on the Store’s pages, or make changes in accordance with the Civil Code and other laws. Such changes will not affect the rights of persons who concluded Sales Agreements for Products offered in the Store before these changes were made.
6. The payment method for Products is chosen by the Client during the ordering process.
§7 WITHDRAWAL FROM THE AGREEMENT AND COMPLAINTS
STATUTORY RIGHT OF WITHDRAWAL
1. The Client may withdraw from the Agreement within 14 (fourteen) calendar days (counting from the day following the delivery of the order), subject to section 2 below, without giving any reason.2. The above right of withdrawal does not apply to Agreements where the subject of performance is a Product manufactured according to the Client’s specifications or intended to meet the Client’s individual needs.
3. Products can be returned via courier or Polish Post at the Client’s expense to the following address: Thesu, ul. Daliowa 4/1, 30-612 Krakow, Poland.
4. The Seller will refund the value of the purchased goods to the Customer; the cost of shipping the goods to the Customer is non-refundable. The Seller will not reimburse the cost of returning the Product to the Seller.
5. The Seller does not accept Products returned as cash-on-delivery shipments.
6. The Client withdraws from the Agreement by submitting a written statement of withdrawal to the Seller. The statement can be made using the Return Form: Download the Statement of Withdrawal from the Sales Agreement. The withdrawal statement must be signed manually.
7. The Client sends the withdrawal statement in paper form to the address: ul. Daliowa 4/1, 30-612 Krakow, Poland.
8. To meet the 14-day period indicated in section 1 above, the statement must be sent by email before the deadline expires.
9. If the Client withdraws from the Agreement in the specified form and within the time limit, the Agreement is considered not concluded.
10. After withdrawal from the Agreement, the Client is obliged to return the Product to the Seller in its original packaging, originally assembled, without signs of use, immediately, but no later than 14 days from the day of withdrawal. To meet the deadline, it is sufficient to send the Product before the period expires.
11. The Seller will promptly, no later than within 14 days from the day of receiving the Client’s withdrawal statement and delivery of the returned Product, refund the Client the Product price and the one-time delivery cost (sections 3–5 apply accordingly), using the same payment method used by the Client (in the case of credit card payment, the refund will be made to the same card). The Seller may withhold the refund within the indicated period until the returned Product is delivered or proof of its shipment is received from the Client, whichever occurs first.
12. Clients from outside the European Union are obliged to complete a customs declaration and explicitly indicate that the shipment concerns a return of goods. The customs declaration and invoice should match in value and currency and be included in the package marked as a return.
CONSUMER COMPLAINTS
1. The Seller is obliged to deliver a Product to the Client in accordance with the Agreement within the meaning of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, as amended). The Seller is responsible under this section of the Regulations toward a Client who is a consumer or an entrepreneur with consumer rights. For Clients who are not consumers, the Seller’s liability is governed by the provisions on warranty for defects.2. The Seller is not liable for the compliance of the Product with the Agreement if, no later than at the time of concluding the Agreement, the Client was clearly informed that a specific feature of the Product deviates from the requirements of compliance with the Agreement and accepted its absence.
3. The Seller is responsible for the compliance of the Product with the Agreement for a period of 2 years from its delivery.
4. The Client may submit a complaint under Articles 43a–43g of the Act of 30 May 2014 on Consumer Rights. Within the complaint, the Client may request one of the following:
* Replacement of the Product with a new one,
* Repair of the Product by the Seller.
5. The Seller may carry out a replacement if the Client requests a repair, or perform a repair if the Client requests a replacement, if achieving compliance of the Product with the Agreement in the manner chosen by the Client is impossible or would involve excessive costs for the Seller. If repair or replacement is impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Product into compliance with the Agreement.
6. The costs of repair or replacement of the Product are borne by the Seller. The Client is obliged to make the Product available to the Seller for repair or replacement, which will be collected at the Seller’s expense.
7. The Client may request a price reduction or withdraw from the Agreement if:
* The Seller refused or failed to bring the Product into compliance with the Agreement;
* Non-compliance persists despite the Seller’s attempt to bring the Product into compliance;
* Non-compliance is so significant that it justifies immediate price reduction or withdrawal from the Agreement;
* From the Seller’s statement or the circumstances, it is evident that the Seller will not bring the Product into compliance within a reasonable time or without excessive inconvenience to the consumer.
8. The Client cannot withdraw from the Agreement if the Seller demonstrates that the non-compliance of the Product with the Agreement is insignificant.
9. In case of withdrawal from the Agreement, the Client immediately returns the Product to the Seller at the Seller’s expense. The Seller refunds the purchase price no later than 14 days from receipt of the Product or proof of its dispatch.
10. The Client submits a complaint by sending the Seller a written complaint form (Download Complaint Form). The form must be signed manually.
11. The Client sends the form in paper form to the address ul. Daliowa 4/1, 30-612 Krakow, Poland, attaching it to the package containing the complained Product or indicating an address from which the Seller may collect the Product via courier. Including a receipt or invoice may facilitate and speed up the complaint process.
12. When requesting a price reduction, the Client specifies the amount by which the price should be reduced.
13. Veneer is a material sensitive to handling and external factors. During use, it may develop scratches, abrasions, or discoloration. These are normal and inevitable processes resulting from the nature of the material.
14. The Client will receive information on how the complaint was resolved within 14 days from the date the Seller receives the complained Product.
15. If the complaint submitted via courier is upheld, the Seller will send the Client a fully functional Product (repaired or new) immediately—within 30 business days from the resolution of the complaint.
16. If the complaint is rejected, the Product will be returned or delivered to the Client along with a statement explaining the rejection of the complaint.
DAMAGE TO THE PRODUCT DURING TRANSPORT
1. If the Client discovers damage to the Product during transport, the Client is obliged to prepare a damage report in the presence of the courier.2. Complaints arising from damage to the Product during transport will be considered based on the damage report prepared by the Client and the courier.
ADDITIONAL PROVISIONS
1. The Seller has the right to refuse acceptance of a Product in cases of returning a damaged Product, a return made after the allowed period, or delivery of an incomplete Product to the Store.2. The Seller does not accept Products returned as cash-on-delivery shipments.
3. The Seller does not accept Products returned by:
* Regular mail,
* Registered mail,
* Cash-on-delivery shipment.
4. Only packages sent via Polish Post or courier to the correct correspondence address are accepted.
5. For matters not regulated in this §7, the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended) apply accordingly.
§8 FINAL PROVISIONS
1. Returns and complaints regarding Products must be made via courier or Polish Post to the address: ul. Daliowa 4/1, 30-612 Krakow, Poland (correspondence address only).2. Email correspondence should be directed to hello@thesu.com.
3. The Seller can be contacted quickly and efficiently regarding matters related to the online Store at the telephone number: +48509135922.
4. For matters not regulated by these Regulations, the relevant provisions of Polish law apply, including the Act of 23 April 1964 – Civil Code, the Act of 30 May 2014 on Consumer Rights, and the Act of 16 February 2007 on Competition and Consumer Protection.
5. If any provision of the Regulations is found to be invalid, the remaining provisions remain in force.
6. The Client and the Seller will attempt to resolve any disputes through discussions aimed at reaching an agreement. If amicable resolution is not possible, the competent court for resolving disputes between the Client and the Seller is the common court.
7. The Seller reserves the right to amend the content of the Regulations at any time. Amendments to the Regulations take effect from the moment of their publication on the Store’s website. Changes to the Regulations do not apply to orders placed by the Client and being processed by the Seller. Orders that have been accepted are governed by the provisions of the Regulations in force at the time the order was placed. Changes to the Regulations do not affect the acquired rights of Clients.
8. The Store Administrator undertakes actions to ensure the proper functioning of the online Store to the extent determined by current technical knowledge and commits to promptly resolve any irregularities reported by the Client. The Store is not responsible for disruptions caused by Internet network failures.
9. All photos, graphics, logos, publications, and texts available in the Store are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994, No. 24, item 83). Unauthorized copying, reproduction, or distribution of any content posted on the Store’s website is prohibited.