Terms and Conditions

Terms and Conditions

Tatuno.eu

www.tatuno.eu

Seller:

Vascoo Piotr Wąsowicz

ul. Zagnańska 84A/207, 25-558 Kielce, Poland

VAT ID: PL9591876791

REGON: 384911630

Email: tattooland@o2.pl

Tel: +48 575 338 331

1. Definitions

1. The terms used in these Terms and Conditions shall have the following meanings:

1. Terms and Conditions – this document setting out the rules for concluding sales contracts and using services provided by the Seller through the Online Store.

2. Order – a declaration of intent submitted by the Customer to the Seller, in particular in electronic form, specifying the selected Product or Products and containing the Customer data necessary for the conclusion and performance of the sales contract.

3. Electronic Service – a service provided electronically by the Seller to the Customer via the Online Store.

4. Login – the Customer’s e-mail address used when creating an Account.

5. Account – an electronic service made available to the Customer within the Online Store that enables the Customer to use additional functionalities. The Customer accesses the Account using the Login and password. The Account allows the Customer in particular to save address data, track the status of Orders, review order history and use other functionalities made available by the Seller.

6. Customer – (1) a Consumer or (2) an Entrepreneur.

7. Password – a string of alphanumeric characters required for authentication when accessing the Account and chosen by the Customer when setting up the Account. The Customer must keep the password confidential and must not disclose it to third parties.

8. Product – a movable item available for purchase in the Online Store and forming the subject of the contract between the Customer and the Seller.

9. Entrepreneur – a natural person, legal person or partnership with legal capacity acting in the exercise of its trade, business or profession.

10. Consumer – any natural person acting for purposes that are predominantly outside that person’s trade, business or profession.

11. Seller – Vascoo Piotr Wąsowicz, ul. Zagnańska 84A/207, 25-558 Kielce, Poland, VAT ID: PL9591876791, REGON: 384911630, e-mail: tattooland@o2.pl, telephone: +48 575 338 331.

12. Cart – an electronic service made available within the Online Store that enables the Customer in particular to add Products to an order, review the selected Products and view the summary of prices of the selected Products and the total order value.

13. Online Store – the online shop operated by the Seller at www.tatuno.eu.

2. General Provisions

1. These Terms and Conditions apply to all inquiries and orders placed via www.tatuno.eu. By placing an order through the Online Store, the Customer accepts these Terms and Conditions. Any deviations require the Seller’s written consent.

2. Use of the Online Store requires that the Customer’s device and internet connection meet the technical requirements necessary to access websites and receive e-mail messages.

3. Acceptance of these Terms and Conditions is voluntary but necessary to place an Order or create an Account.

4. The Customer may place Orders with or without creating an Account, if the checkout options available in the Online Store allow it.

5. The use of Electronic Services involves typical risks related to data transmission over the Internet, such as unauthorized access, data loss or interference by third parties. The Seller and the Customer should take reasonable measures to minimize such risks.

6. For technical reasons, the Seller may temporarily disable parts of the Online Store in order to carry out maintenance, improvements or add new functions. The Seller will make reasonable efforts to inform Customers of significant interruptions in advance where possible.

3. Electronic Services

1. The Seller provides the following Electronic Services free of charge via the Online Store:

1. Account;

2. the possibility to place Orders and conclude sales contracts;

3. the Cart;

4. product review functionality, if such functionality is made available in the Online Store.

2. Use of the Account is possible after completing the registration form, accepting these Terms and Conditions and completing any technical verification steps required by the Online Store.

3. The following data may be required in the registration form: first name, last name, e-mail address and password.

4. The Account service is provided free of charge for an indefinite period. The Customer may delete the Account or terminate the Account service at any time by contacting the Seller, unless a specific self-service deletion function is available in the Online Store.

5. The Seller may refuse to register an Account or may suspend or terminate the Account if the Customer breaches these Terms and Conditions or uses the Online Store unlawfully.

6. Use of the Cart begins when the Customer adds the first Product to the Cart. The Cart is provided free of charge and is of a temporary nature. Depending on the technical settings of the Online Store, the Cart may store selected Products for a limited period, but this does not guarantee availability of the Products at a later time.

7. In particular, the Customer is obliged to:

1. provide only true, current and complete data in the Order and in the Account, and promptly update such data if it changes;

2. use the Online Store and Electronic Services in a manner that does not interfere with their functioning;

3. use the Online Store and Electronic Services in accordance with applicable law, these Terms and Conditions and accepted standards of conduct;

4. keep the Login and Password confidential and not disclose them to unauthorized persons.

8. The Seller may terminate the service relationship for important reasons, in particular if the Customer uses the Online Store contrary to its purpose, violates the law or the rights of third parties, publishes unlawful content or materially breaches these Terms and Conditions.

9. Notice of termination by the Seller may be sent to the Customer’s e-mail address indicated in the Account or when placing an Order.

10. Unless mandatory law requires otherwise, the notice period for termination of the Account service by either party is 14 days.

4. Conclusion of Contract

1. Orders may be placed through the order form available in the Online Store, either with a registered Account or without registration if such option is available.

2. By clicking the relevant button, the Customer may add Products to the virtual Cart. Adding Products to the Cart does not yet constitute a binding order.

3. In the Cart, the Customer can review and modify the selected Products, correct quantities, remove Products or continue shopping. During checkout, the Customer may enter billing and delivery details, select a delivery method and payment method, and review the order summary before finally submitting the Order.

4. By clicking the button marked for final submission of the order, such as “Place order with obligation to pay”, the Customer submits a binding offer to conclude a sales contract for the Products contained in the Cart.

5. Before submitting the binding Order, the Customer has the possibility to review the data entered and correct any errors.

6. The Seller will confirm receipt of the Order by e-mail. This confirmation does not yet necessarily constitute acceptance of the offer unless it expressly states that the contract has been accepted or the Products are dispatched. The contract is concluded at the latest when the Seller expressly accepts the Order or dispatches the ordered Products to the Customer.

7. The Customer may save or print the order data before submitting the Order using the functions of the internet browser. The Seller may also send the order confirmation and contract details by e-mail.

8. The contract language is English, unless otherwise expressly stated in the Online Store.

9. Orders may generally be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays may be processed on the next Business Day.

5. Prices and Payment

1. All prices shown in the Online Store are gross prices in euro and include applicable value added tax. Shipping costs, if any, are shown separately in the Online Store and during checkout before the Order is submitted.

2. The total price including taxes and shipping costs is displayed to the Customer in the order summary before the Order is finally submitted.

3. The Seller may organize promotional campaigns, including discount codes and promotional vouchers, subject to the separate rules published for the relevant promotion.

4. The available payment methods are shown in the Online Store and during the checkout process.

5. Available payment methods may include in particular:

1. payment by credit card or debit card;

2. payment via PayPal;

3. payment via PayU.

6. If payment by card is selected, the amount may first be authorized or reserved and then charged shortly after completion of the Order.

7. If payment is made using a method offered by PayU, the payment is processed by PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, Poland.

8. If payment is made using a method offered by PayPal, the payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

9. Unless the conditions of a specific promotion provide otherwise, promotions and discounts in the Online Store are not cumulative.

10. The Customer agrees to receive invoices and credit notes in electronic form, unless mandatory law provides otherwise.

11. Delivered goods remain the Seller’s property until full payment of the purchase price.

6. Delivery

1. Available delivery methods are presented to the Customer in the Online Store and during checkout.

2. Products are delivered to the delivery address specified by the Customer when placing the Order.

3. Delivery is available to addresses located in Member States of the European Union. Available delivery methods, shipping costs and estimated delivery times may vary depending on the destination country, the selected Products and the selected payment method.

4. The estimated delivery time for the relevant Product is indicated in the Online Store or during checkout. Unless a shorter period is stated for a specific Product, the standard delivery time may be up to 14 Business Days.

5. The delivery period may be extended appropriately in cases of force majeure or other circumstances beyond the Seller’s reasonable control that affect delivery.

6. If the Seller is required to deliver the Product to a place specified by the Customer, the Customer is obliged to accept the Product upon delivery.

7. If delivery cannot be completed due to reasons attributable to the Customer, the Customer may be charged for the costs of repeated delivery or storage, insofar as permitted by law.

8. When receiving the parcel, the Customer should check whether the parcel is visibly damaged. If the parcel is visibly damaged, the Customer should, where possible, refuse acceptance or note the damage with the carrier and contact the Seller.

9. For Consumers, the risk of accidental loss or accidental deterioration of the goods passes to the Consumer or a person designated by the Consumer, other than the carrier, upon delivery. For Entrepreneurs, the statutory rules on the passing of risk apply.

7. Right of Withdrawal

1. If the Customer is a Consumer, the Customer generally has a statutory right to withdraw from a distance contract within 14 days without giving any reason.

2. The withdrawal period is 14 days from the day on which the Consumer, or a third party named by the Consumer who is not the carrier, takes possession of the goods.

3. If the Order covers several goods delivered separately, the withdrawal period begins on the day on which the Consumer takes possession of the last good. If the goods are delivered in several partial shipments or pieces, the period begins on the day on which the Consumer takes possession of the last partial shipment or piece. In the case of contracts for regular delivery of goods over a defined period, the period begins on the day on which the first good is received.

4. To exercise the right of withdrawal, the Consumer must inform the Seller of the decision to withdraw by means of a clear statement, for example by e-mail.

Contact for withdrawal: tattooland@o2.pl

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

6. Effects of withdrawal:

1. If the Consumer withdraws from the contract, the Seller shall reimburse all payments received from the Consumer, including the costs of delivery, without undue delay and at the latest within 14 days from the day on which the Seller receives the Consumer’s notice of withdrawal. This does not include additional costs resulting from the Consumer choosing a type of delivery other than the least expensive standard delivery offered by the Seller.

2. The Seller will use the same means of payment for the reimbursement that the Consumer used for the original transaction, unless expressly agreed otherwise with the Consumer. The Seller may refuse reimbursement until the goods have been received back or until the Consumer has supplied evidence of having sent back the goods, whichever is the earlier.

3. The Consumer must send back or hand over the goods without undue delay and in any event no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.

Return address: Vascoo Piotr Wąsowicz, ul. Zagnańska 84A/207, 25-558 Kielce, Poland

4. The Consumer bears the direct costs of returning the goods, unless the Seller has agreed to bear those costs.

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

7. The right of withdrawal does not apply, unless mandatory law provides otherwise, in particular to contracts:

1. for the supply of goods made to the Consumer’s specifications or clearly personalized;

2. for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if they were unsealed after delivery;

3. for the supply of goods liable to deteriorate or expire rapidly.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Vascoo Piotr Wąsowicz, ul. Zagnańska 84A/207, 25-558 Kielce, Poland, e-mail: tattooland@o2.pl

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)

– Ordered on (*) / received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is notified on paper)

– Date

(*) Delete as appropriate.

8. Statutory Warranty / Complaints

1. The statutory rights in case of defects apply.

2. The Seller is liable for material defects and defects in title in accordance with the applicable statutory provisions.

3. If the Customer is an Entrepreneur, the Seller’s liability for defects is subject to the applicable statutory provisions for business customers, including any duty to inspect the goods and notify defects without undue delay where such duty applies.

4. The Seller undertakes to deliver goods free from defects.

5. If the delivered Product is defective, the Customer may exercise the statutory rights available under applicable law. Consumers may in particular request repair or replacement and, where the statutory conditions are met, may also request a price reduction or withdraw from the contract.

6. The Seller may refuse the remedy chosen by the Customer if that remedy is impossible or would involve disproportionate costs compared with another available remedy, insofar as the law permits.

7. Complaints may be submitted in writing or by e-mail, for example to: Vascoo Piotr Wąsowicz, ul. Zagnańska 84A/207, 25-558 Kielce, Poland, e-mail: tattooland@o2.pl.

8. To facilitate processing of the complaint, the Customer should, where possible, describe the defect, provide the order details and indicate the requested remedy. If returning the Product is necessary for assessment of the complaint, the Seller will inform the Customer accordingly.

9. The Seller will handle complaints within the period required by applicable law. If the Customer is a Consumer and mandatory law sets a specific response deadline, that deadline shall apply.

9. Liability

1. The Seller’s liability is excluded to the extent permitted by law, except in cases of liability for intent or gross negligence, injury to life, body or health, liability under mandatory product liability law, liability under a guarantee expressly assumed by the Seller, or liability for breach of essential contractual obligations. In the event of negligent breach of essential contractual obligations, liability shall be limited to foreseeable damage typical for the contract, unless liability is unlimited under mandatory law.

10. Force Majeure

1. Neither party shall be liable for total or partial failure to perform its obligations if such failure is caused by an unforeseeable event beyond its reasonable control constituting force majeure, including in particular flood, fire, storm, war, epidemic, raw material shortage, transport disruption, strike or lockout. The affected party shall inform the other party without undue delay.

2. The parties shall cooperate in good faith to determine how the affected Order or contract shall be handled for the duration of the force majeure event.

11. Alternative Dispute Resolution

1. The Seller is not obliged and does not undertake to participate in out-of-court dispute resolution proceedings before a consumer ADR entity, unless such obligation arises under mandatory applicable law in a specific case.

2. The former European Online Dispute Resolution (ODR) platform has been discontinued and is no longer available.

12. User Content (Product Reviews)

1. Customers may not publish user content that constitutes illegal content or otherwise violates applicable law, these Terms and Conditions, the rights of third parties or accepted standards of conduct.

2. The Seller’s contact point for direct communication in relation to notices concerning illegal content and other matters covered by applicable digital-services rules is: tattooland@o2.pl. Communication may take place in English or Polish.

3. The Customer is solely responsible for user content submitted by the Customer, including product reviews.

4. If the Online Store makes customer reviews available, the Seller verifies reviews using the e-mail address used during the purchase process or associated with the customer account. Reviews may only be submitted in relation to Products actually purchased in the Online Store by the Customer submitting the review.

5. Reviews may be published directly in the Online Store or by means of an external review service used by the Seller.

6. It is prohibited to create fictitious or sham transactions for the purpose of publishing a review.

7. The Customer agrees that the Seller may use reviews and other user content published in the Online Store free of charge for the purposes of operating, presenting and promoting the Online Store and the Products, subject to applicable law.

8. The Seller does not publish false customer reviews or recommendations and does not instruct third parties to publish false reviews or recommendations. Sponsored reviews are not used unless clearly identified as such where required by law.

9. The Seller does not automatically pre-screen all reviews for prohibited content. However, the Seller may remove, block or refuse to publish content that is unlawful, misleading, abusive, irrelevant or otherwise in breach of these Terms and Conditions or applicable law.

10. Any person who believes that a review or other content is unlawful may notify the Seller by e-mail to tattooland@o2.pl. The notice should, where possible, contain: (i) the notifier’s name and e-mail address, (ii) a statement made in good faith that the information provided is accurate and complete, (iii) a justification explaining why the content is considered unlawful, and (iv) a clear indication of the exact electronic location of the content concerned.

11. If an e-mail address has been provided, the Seller may confirm receipt of the notice and will assess it within a reasonable time, applying objective criteria and due care.

13. Final Provisions

1. The website and all content displayed therein, including in particular graphics, texts, editorial content, documents and descriptions of Products and services, are protected by intellectual property rights and may not be used beyond the scope permitted by law without the consent of the rights holder. Displaying the website and printing it for personal use is permitted.

2. These Terms and Conditions and contractual relationships between the Seller and the Customer shall be governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a Consumer habitually resident in another Member State of the European Union, this choice of law shall not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country of the Consumer's habitual residence, to the extent such protection cannot be derogated from by agreement.

3. If the Customer is not a Consumer, the courts having jurisdiction for the Seller’s registered office in Poland shall have exclusive jurisdiction over disputes arising from contractual relationships between the Seller and the Customer, insofar as this is legally permissible.

4. Changes and amendments to these Terms and Conditions must be made in text form to be effective, unless a stricter form is required by law.

5. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provision. The same applies to any regulatory gap.