TERMS OF USE

These Terms of Use set forth the rules that apply to the use of the Tartaruga Online Store, the placement of orders for products available in the Online Store, the delivery of ordered products to the Customer, payments made by the Customer, the Customer’s right to cancel an order and terminate an Agreement, as well as the rules of filing and processing complaints. Before you make a purchase at our Online Store, read these Terms of Use.

Clause 1 GENERAL PROVISIONS

The Tartaruga Online Store is operated at www.tartarugastudio.pl by Tartaruga Studio sp. z o.o. with registered office at: Wschodnia 54/2U, 90-263 Łódź, Poland, entered in the Business Register under REGON (Statistical Business Identification): 38757680000000, NIP (Tax Identification Number): 7292736354, hereinafter referred to as Tartaruga. Contact details: e-mail: contact@tartarugastudio.pl

1. The products offered via the Tartaruga Online Store can be made of natural and hand-dyed materials – therefore, the colours of actual products might slightly deviate from those shown on the photographs, which depict only prototypes. Furthermore, all the products are described in detail when it comes to their features, materials used and properties. Note that the differences in colour between the product delivered and its photographs presented by the Store can arise from the monitor parameter settings.
2. The product information shown in the Tartaruga store, such as descriptions and prices, constitutes and invitation to submit an offer to execute a sales agreement within the meaning of Article 71 of the Civil Code and these Terms of Use.
3. All the photographs posted on our website are made by us and are subject to protection under the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws 2006.90.631, as amended).

Clause 2 DEFINITIONS:

1. ONLINE STORE – the store offering the sales of products via the Internet, operated at tartarugastudio.pl;
2. CUSTOMER – a natural person, a legal person or an organisational unit without legal personality but having a capacity to enter into legal transactions who have made a purchase in the Online Store under the terms and conditions set forth in these Terms of Use;
3. CONSUMER – a Customer who is a natural person and makes a purchase in the Online Store under the terms and conditions set forth in these Terms of Use for the purposes that are not directly related to their business or professional activities;
4. WORKING DAYS – weekdays from Monday to Friday, excluding bank holidays within the Republic of Poland;
5. PURCHASE OFFER – an offer to execute a Sales Agreement sent by the Customer upon closing their shopping process in the Online Store;
6. ORDER – all the products indicated by the Customer in their Purchase Offer and accepted by Tartaruga for delivery;
7. ORDER LEAD TIME – time needed by Tartaruga to pick an Order and send it to the Customer;
8. ORDER DELIVERY TIME – time needed by the Courier Company to deliver an Order to the address specified by the Customer from the moment it was effectively posted by Tartaruga;
9. PRODUCT PRICE – the gross price (incl. VAT) of a single product item established by Tartaruga and indicated on the product web page;
10. FINAL PRICE – the gross price of a single product item reduced by price discounts established by Tartaruga, applicable at a particular time or to a particular Customer, shown in the shopping cart section under the shopping summary. The Final Price of a product cannot be higher than the Product Price specified on the product web page;
11. TOTAL PRICE – the sum of the Final Prices for all products included in a Purchase Offer or Order;
12. SHIPPING COST – the cost of sending an Order to the Customer established by Tartaruga, as per the selected delivery method, to the specified address;
13. PURCHASE OFFER VALUE – the sum of the Total Price and the Shipping Cost for an individual Purchase Offer;
14. ORDER VALUE – the sum of the Total Price and the Shipping Cost of products included in a particular Order accepted for delivery;
15. COURIER COMPANY – an entity providing delivery services chosen by Tartaruga to fulfil its obligations related to the order delivery to the Customer;
16. PROOF OF PURCHASE – any document confirming that a particular product has been purchased in the Tartaruga store. In particular, these include such documents as receipt, invoice, bill, bank transfer confirmation, order acceptance or order shipping confirmation.

Clause 3 REGISTRATION AND ORDER PLACEMENT

1. Purchases can be made round the clock, seven days a week, via the Internet on the Online Store website.
2. By clicking “Place order” in the “Shopping cart” section, the Customer submits an offer to Tartaruga to execute a Sales Agreement.
3. By placing an order, the Customer declares that they have read these Terms of Use, while not knowing the Terms of Use does not release the Customer from the obligation to comply with it.
4. The Customer can register on the Store website. The Customer registers only once. For every subsequent purchase, the Customer uses the login and password previously specified on the Online Store website.
5. The login and password are confidential. The Customer is solely responsible for any loss caused by the Customer disclosing the login and/or password to any third parties.
6. Products specified in a Purchase Offer are not subject to reservation and can be purchased by other Customers.
   In a Purchase Offer, the Customer shall specify:
7. a) Products to be included in a Sales Agreement, their features and their number;
8. b) Correct shipping information, including: the Customer’s name and surname, the company name (optionally), address (company office and/or place of delivery) containing street name, building number, apartment number, postcode, locality and country;
9. c) The Customer’s current e-mail address;
10. d) The Customer’s current telephone number;
11. e) The payment method.
12. The Customer takes full responsibility for the correctness of the details provided and any financial costs arising from any errors in the address information (especially the costs of sending an order to a wrong address or returning such a shipment to the sender).
13. Tartaruga sends an automatic offer receipt confirmation to the e-mail address indicated in the Purchase Offer. It does not mean that the order has been accepted or the Sales Agreement executed.
14. Tartaruga can refuse to accept a Purchase Offer for convenience, at Tartaruga’s own discretion. A refusal to accept a Purchase Offer can be caused by, for example, unavailability of a given product, restrictions related to its shipment, the Customer’s not being able to make a payment or meet the criteria specified in the Terms of Use.
15. Tartaruga shall not be liable towards the Customer or any third party for refusing to accept a Purchase Offer.

Clause 4 ORDER CANCELLATION BY THE CUSTOMER

After submitting a Purchase Order, the Customer can cancel it by sending Tartaruga a relevant e-mail notification to contact@tartarugastudio.pl, provided that the cancellation notification is sent before receiving a confirmation that the Order has been accepted for delivery.

Clause 5 SALES AGREEMENT

1. A Sales Agreement is executed when Tartaruga sends the Customer a confirmation that the Order has been accepted to the Customer’s e-mail address.
2. No order acceptance within two Working Days from sending a Purchase Offer means the Purchase Offer has been refused.
3. Tartaruga may accept only some of the products indicated in the Purchase Offer. In such a situation, the Customer receives a confirmation that only a part of the Order has been accepted for delivery.
4. Based on a Sales Agreement, Tartaruga shall transfer the ownership to the products onto the Customer and deliver them to the Customer pursuant to these Terms of Use, while the Customer shall pay Tartaruga the Order Value and collect the Order.

Condition precedent

1. A Sales Agreement is executed under the condition precedent that the Customer pays Tartaruga the Purchase Offer Value or the Order Value within three days from the Sales Agreement execution. The payment is considered effectively made when the payment order at the payment operator is confirmed or the money is credited to Tartaruga’s bank account in the case of direct payments.
2. The legal effect of the Sales Agreement arises when the aforementioned condition precedent is fulfilled. A failure to fulfil the said condition precedent (a failure to pay the Order Value) causes the Sales Agreement to be terminated.
3. The Parties can, by means of individual written (e-mail) arrangements, specify another method of paying for the products ordered. In such a case, the aforementioned condition precedent is deemed to not have been stipulated.

Clause 6 PRODUCT PRICES

1. The binding price of a product is its Final Price provided under the order summary in the “Shopping cart” section.
2. All the prices on the Tartaruga website are in PLN, EUR, USD and GBP.
3. The Purchase Offer Value is provided under “Your order” in the “Shopping cart” section, after providing the Order delivery address and payment method.
4. Tartaruga can change the Product Prices on an ongoing basis and organise various promotions and sales. Purchase Offers submitted before such changes are made public are not subject to those changes.

Clause 7 PAYMENT METHODS

• Payments can be made:
  1. Personally by cash or by card when collecting the order in person;
  2. By bank transfer to Tartaruga’s bank account:

PL96 1020 3408 0000 4802 0482 6436 (PKO BP)
BIC/SWIFT: BPKOPLPW
Tartaruga Studio sp. z o.o.
Bohdanowicza 2
93-552 Łódź

1. Cash on delivery (COD) when collecting the order delivered by the post office or courier company
2. Via the electronic payment system

• The payment for an Order is made by the Customer in advance, no more than three Working Days of the receipt of the Order acceptance confirmation from Tartaruga. The confirmation contains all the necessary information for making the payment, including the Order Value.
• The Purchase Offer Value can be paid before Tartaruga accepts the Purchase Offer for delivery. In such a case, the payment will be considered a down payment, to which the legal regulations on deposits do not apply. If Tartaruga refuses to accept a Purchase Offer or accepts only a part of the Purchase Offer, the down payment will be returned to the Customer in full or Tartaruga will return only the difference between the payment actually made and the Order Value actually accepted for delivery.

Clause 8 ORDER DELIVERY

Tartaruga delivers its products:

• within the Republic of Poland via:
  1. Poczta Polska (Polish national postal service operator)
  2. InPost self-service parcel pick-up stations
  3. InPost courier service
  4. Pocztex courier service
  5. DPD courier service
• abroad via:
  1. 1. Poczta Polska (Polish national postal service operator)
     2. Pocztex courier service
     3. FedEx courier service
     4. DPD courier service
     5. GLS courier service
     6. TNT courier service

In certain cases, the cost of delivering an order to the Customer is borne by the Customer. The current delivery pricelist is available on the Tartaruga website under the “Delivery and payment” tab.

When collecting a parcel from a postal service operator or a courier company, the packaging and its content need to be carefully examined. If damage is found, the postman should draw up a damage report in two copies signed by the representative of the postal service operator or the courier company and the Customer. The Customer should contact Tartaruga via e-mail: contact@tartarugastudio.pl.

Clause 9 ORDER FULFILMENT

1. Order fulfilment shall be understood as picking an order and properly sending a parcel containing products accepted for delivery in the Order acceptance confirmation to the Customer.
2. Orders accepted for delivery are fulfilled immediately after receiving the confirmation of the payment to Tartaruga’s bank account, however no later than it has been specified on a given product’s web page.
3. Products that are unavailable when the Customer submits a Purchase Offer or products customised upon the Customer’s individual request are sent to the Customer within a period established by means of individual arrangements via e-mail.
4. The Customer receives from Tartaruga an e-mail notification with the order sending confirmation or the waybill number.

Clause 10 EXCHANGE OF GOODS

1. Due to the individual character of some items offered by Tartaruga, not every item can be exchanged. This restriction particularly applies to items tailored to the Customer’s individual needs. Therefore, if in doubt, please establish with the Online Store employees whether a potential exchange will be possible.
2. Each case of exchanging one product to another product is treated individually and, as a rule, such an exchange is possible, although subject to Subclause 1 above.
3. If the Customer wants to exchange a product they have bought, they need to report it to Tartaruga by e-mail within ten days from delivery at the latest, indicating an item the Customer wants to exchange the product to and showing the proof of purchase.
4. If Tartaruga confirms that the exchange is possible, the Customer bears the exchanged products shipping costs to and from the Online Store.
5. The exchange arranged with the Online Store is only possible if the returned product does not bear any signs of use, it has original labels and is returned with the proof of purchase.

Clause 11 COMPLAINTS

• Complaints are to be submitted in writing to the e-mail or postal address of Tartaruga specified in Clause 1 of the Terms of Use, no later than two months after a product defect is found, within two years from releasing the product to the Customer.
• Complaint procedure:
  1. Taking a photograph of the product (especially showing the defect) and describing the product faults.
  2. Tartaruga shall decide whether the complaint is justifiable within no more than 30 days from the receipt of the complaint.
  3. If the complaint is accepted, the faulty product needs to be delivered at Tartaruga’s cost to the address specified in Clause 1 of the Terms of Use in accordance with the complaint information sent by e-mail.
  4. Tartaruga, at its own cost, shall send the repaired product or a new product or shall return the money – at the Customer’s discretion – immediately, although no later than within 30 days of the receipt of the faulty product.

Clause 12 RIGHT TO WITHDRAW FROM THE AGREEMENT

1. Pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws 683.2017), the CONSUMER, within 14 days from the collection of a shipment, can cancel the purchase (withdraw from the purchase agreement for convenience) of the goods bought in the Tartaruga Online Store.
2. In order to exercise the right referred to in Subclause 1 above, the Consumer shall provide Tartaruga with a written statement in which the Consumer withdraws from the Sales Agreement executed.
3. In order for the 14-day deadline, referred to in the Act, to be met, it is enough that the statement is sent, also via e-mail, within 14 days from the delivery of the order to the Consumer.
4. If the Consumer withdraws from the agreement as described above, the Consumer shall return the purchase product at their own cost in a non-deteriorated condition that clearly shows that the product has not been used, in the original packaging, within 14 (fourteen) days from the agreement withdrawal date, to Tartaruga’s address specified in Clause 1 of the Terms of Use. The Tartaruga Store does not accept COD (cash on delivery) shipments.
5. When the agreement withdrawal takes effect, Tartaruga returns the CONSUMER the product price (including the cost of delivery to the Consumer) within no more than ten working days.

Clause 13 PROCESSING OF PERSONAL DATA

1. By making a purchase in the Tartaruga Online Store, the Customer agrees to the processing of their personal data for the purposes of fulfilling the order.
2. The personal data are protected in accordance with the Personal Data Protection Act of 29 August 1997 (consolidated text Journal of Laws 2002.101.926, as amended) in a way that makes unauthorised access of third parties impossible.
3. Pursuant to the aforementioned Act, the Customers has the right to review their personal data, correct them and demand their erasure.

Clause 14 FINAL PROVISIONS

1. Tartaruga can, at any time, stop providing services, change its offer or withdraw the products offered without any justification.  Such changes do not affect the performance of Sales Agreements executed before introducing these changes.
2. To matters not settled in these Terms of Use, the laws of Poland, especially the Civil Code and the Consumer Rights Act, shall apply.
3. Any names and designs of the products offered by Tartaruga in the Online Store are the property of Tartaruga and can be protected and registered under the Industrial Property Law Act or other legal regulation.
4. If the Terms of Use are subject to any changes, Sales Agreements executed before the changes are introduced shall be performed in accordance with the terms and conditions applicable at the time of executing the Sales Agreement.
5. These Terms of Use take effect as of 1/04/2020.