Tirze-fit

Statute

Definitions

Operator (administrator)-

Orbis Nova SA

Adres: Ocean Business Tower

East 47th Street and Aquilino de la Guardia Avenue

17th Floor, Office 1702

Panama City, Republic of Panama

Tax Identification Number (RUC): 1559627-1-823341 DV 67

Service Recipient/User – an entity using the Website, for whom services may be provided electronically in accordance with the Regulations and legal provisions, or with whom an agreement for the provision of services electronically may be concluded.

Consumer – User who is a natural person ordering Services or purchasing a product on the Website.

Website – This Internet Service available at www.tirze-fit.com together with its functionalities, run by the Operator, within which Users can order the performance of the Service or purchase promoted products by filling out, among others, the order form and entering the promotional code.

Service – sale of products and services provided electronically by the Operator of the website www.tirze-fit.com on the basis of these Regulations, enabling the Service Recipient to place orders with Senders via the Website for the purpose of delivery by carriers, transport and delivery of Parcels from or to the Parcel Collection Point by the Carrier, as well as the performance of additional services provided in accordance with the Regulations of a given Carrier (as part of its activity and on the basis of the Carrier's Regulations).

Order – a correctly completed order form for the shipment of a product or service, the transport and delivery of a Parcel, together with a discount code, submitted by the Service Recipient via the Website, completed with the generation of a Waybill in order to perform the Service.

Waybill – a legally binding document completed by the Sender for the Service Recipient, constituting proof of concluding an Agreement for the provision of a Service or purchase of a product, attached to each Shipment, containing information necessary for the Carrier about the Shipment and its destination and Recipient.

Carrier (Courier) – an entrepreneur who, as part of their business activity, provides transport services, to whom you can place an order for the collection, transport and delivery of a shipment as part of the services concluded on the website between the Sender and the recipient without cash collection or "cash on delivery" and a Person providing Courier Services on behalf of this company acting on the basis of an agreement concluded with it. As part of the Website, the Sender can place an order with the following Carriers:

website: https://inpost.pl/

website: https://paczkomaty.pl

DPD Polska Sp. z o. o. KRS: 0000028368 NIP: 5260204110 REGON: 012026421 Registered office address: ul. Mineralna 5, 02-274 Warsaw

DHL Parcel Polska Sp. z o. o. (operating as DHL eCommerce (Poland) Sp. z o. o.) KRS: 0000631916 NIP: 9512417713 REGON: 365170883 Registered office address: ul. Osmańska 2, 02-823 Warsaw

Shipment – an item or items registered on the Website, properly packed by the sender, provided with a Waybill with the Recipient's designation and address for collection by the Carrier and delivery to the Recipient, containing correspondence or as a postal parcel within the meaning of the Postal Law, accepted, sorted, transported and delivered in a manner sanctioned by these Regulations, as well as the Carriers' Regulations, for which the permissible dimensions and weight are specified in the Price List.

Carrier Regulations - The Carrier's regulations apply to the provision of services ordered via the Service. Current regulations specifying the principles and conditions of providing services are available on the Carrier's websites listed above.

Recipient – a natural person, legal person or organizational unit without legal personality, to whom the act grants legal capacity, to whom the Parcel is addressed in connection with the ordering of the Service by the Service Recipient, authorized by the Service Recipient and entitled to receive the Parcel delivered by the Carrier as part of the Service performed.

Sender – a natural person, legal person or organizational unit without legal personality who has products, knowledge and experience in the scope of products advertised on the operator's website and can complete the order and to whom the act grants legal capacity, to whom the order is addressed in connection with the ordering of the Service or product by the Service Recipient, authorized by the Service Recipient and entitled to complete the order and issue it to the carrier as part of the Service provided.

Account Database – a set of Personal Data and other data assigned to a given account posted on the Website by Users, which, with the consent of the Users, are collected, processed in an orderly manner in the IT system, as part of the Services provided by the Operator.

Personal Data – information collected within the registration form, available at www.tirze-fit.com, relating to an identified or identifiable natural person, processed by the Administrator for the proper provision of Services and for other purposes specified in these Regulations.

Price list – price list of Additional Services dedicated to recipients and senders.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

Provision of the Service by electronic means - performance of a service provided without the simultaneous presence of the parties (remotely), by transmitting data at the individual request of the service recipient, sent and received by means of electronic processing devices, including digital compression and data storage, which is entirely broadcast, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law;

Postal Law – Act of 12 June 2012 – Postal Law (Journal of Laws 2012, item 1529)

Transport Law – Act of 15 November 1984, Transport Law (Journal of Laws 2012, item 1173, as amended)

Shipment and Reception Point – premises within the framework of the service run by postal operators cooperating with the Operator within the meaning of postal law, in which an authorized person issues or accepts a shipment from the Sender in order to perform the shipping service. The tasks and functions of the Carrier apply accordingly to the Shipment and Reception Point from the moment of accepting the shipment from the Sender/Carrier until the moment of issuing to the Recipient/Carrier.

Introductory Provisions

      1.  A hereby establishes the regulations for the provision of services by electronic means.

  1. The Regulations define the terms and conditions of services provided through the website www.tirze-fit.com run and administered by the Operator.

  2. using the Website, within the scope of its business activity, provides services related to making the offer available to senders and their implementation through the website, enabling Users to place orders electronically, transport and deliver the offer together with the Shipment by the Carrier as part of its business activity and on the basis of the Regulations and regulations selected by the User, the Sender and the Carrier, as well as making payments for the Service, tracking the implementation of the Service, making available information placed on the Website at the individual request of the User.

  3. The www.tirze-fit.com website may be used by natural persons, legal entities or organizational units without legal personality to which the law grants legal capacity.

  4. Logging in to the User's account on the website www.tirze-fit.com or ordering a service or a promoted product by broadcasters requires the User to read and accept the provisions of these Regulations, available on the website www.tirze-fit.com. By accepting these Regulations, the User consents to all the provisions contained therein and undertakes to comply with them.

  5. The Operator provides Services to the sender and recipient to the extent and under the conditions specified in these Regulations.

  6. The Service Recipient accepts the transfer of personal data, including to the Sender and Carrier for the purpose of providing the transport service.

  7. The User consents to the processing by the Operator as the Personal Data Administrator (hereinafter referred to as the Administrator) of his Personal Data provided by him in the process of registering an Account on the Website and in the process of using the Website. Providing personal data is voluntary, however, failure to consent to their processing may prevent the provision of services electronically and the User from placing orders on the Website.

  8. The Administrator processes the User's Personal Data to the extent necessary to establish, shape the content, change or terminate the legal relationship and to properly implement the Services provided electronically, make settlements with the User, market its own services with additional consent, as well as for other legally permissible and justified purposes.

  9. The User declares that the personal data provided by him/her are the true data of the User. The Administrator has the right to make the provision of Services to the User dependent on the User's prior confirmation of the compliance of the Personal Data. In case of doubts, the Administrator may refuse to provide the services available on the Website, may also block the Account until the doubts are clarified, and may also delete the Account.

  10. Users entrusting the administrator with personal data are obliged to process them in accordance with applicable regulations (including the Act of 29 August 1997 on the protection of personal data and GDPR) and with the observance of appropriate technical and organizational measures that meet the requirements of Polish law. They are also obliged to obtain the consent of the persons from whom they collect Personal Data to entrust the processing of such data and to provide them with the information contained in these Regulations, including the method, purpose, scope and period of data processing by the Operator, the rights of persons whose data is processed and the circle of entities to whom the Operator entrusts data. This also applies to the situation when the User uses the address book available after logging into the Service account.

Ordering a Service or purchasing a product and its implementation

  1. Orders are accepted by the Service 24 hours a day, 7 days a week. The Service Recipient's orders are fulfilled on the dates indicated by the given Sender and Carrier, in accordance with its regulations, and the information presented on the Service regarding the date of shipment is an approximate date, not a guaranteed one.

  2. By clicking the "Order" or "buy" button, an Order is placed for the Service or product selected by the User.

  3. Placing an order by the User is tantamount to the User accepting the provisions of these Regulations and the regulations of the Carrier performing the transport service.

  4. In order to order the provision of a Service or purchase a product, the Service Recipient completes the shipment form via the Website or after logging in, providing the required data, indicates the Carrier whose services he or she intends to use and confirms the order with the Operator and ensures that the Shipment will be delivered to the Carrier at the premises/place indicated in the Order.

  5. Placing an order by the user is tantamount to a declaration of use of the products in accordance with their intended purpose. The products offered by the operator are intended solely for research purposes.

  6. The Service Recipient undertakes to complete the form reliably and in accordance with the facts.

  7. Ordering the Operator to perform the Service means accepting the Regulations and the price list and regulations of the Carrier as well as accepting the product issued by the Sender.

  8. The Service Recipient undertakes to pay the Operator the entire amount issued by the Sender together with additional costs for the ordered service or product in accordance with the Standard or Individual Price List, depending on the selection made.

  9. The Service Recipient or the Sender is responsible for incorrect preparation of the Order, including incorrect generation of the Waybill.

  10. The Sender shall be solely responsible for any breach of the Regulations regarding the dimensions and weight of the Shipment, proper packaging and securing of the Shipment in accordance with the principles adopted in the regulations of the selected Carrier, including any damage resulting therefrom, in particular any additional charges charged by the Carrier.

  11. All documents necessary for the correct execution of the placed order are generated and made available to the Service Recipient in electronic form (in the case of a registered Service Recipient), as well as via e-mail.

  12. Depending on the selected Carrier, the Waybill for the Sender or the Label generated by the Service must be printed and attached to the Shipment handed over to the Carrier.

  13. The Carrier (courier) may contact the Service Recipient by phone, text message or e-mail on the basis of the granted consent, the Recipient on the basis specified in § 2 section 11, at the provided telephone numbers or e-mail, in order to facilitate the delivery of the Parcel (execution of the Order) and the performance of the contract. Personal data is transferred to the Carrier in order to enable communication between the Carrier, the Service Recipient and the Recipient.

  14. The Sender will notify the Recipient of the planned Shipment, as well as the need to provide appropriate tools, devices or persons necessary to unload the Shipment, if necessary.

  15. The Sender shall inform the Recipient that in the event of loss or damage to the delivered Parcel, he/she is obliged to immediately draw up a damage report in the presence of the Carrier's representative (the report should be legibly signed by the Carrier's representative delivering the Parcel and by the Recipient)

  16. The User can track the current status of the Shipment via the website www.tirze-fit.com after entering the Shipment number.

  17. Fulfillment via the Website will be carried out on time and in accordance with the principles specified in the regulations or general terms and conditions of service applicable to the Carrier selected by the Service Recipient.

  18. In the event that the Carrier is not handed over the Shipment by the Sender, the Operator – at the express request of the Service Recipient – may order another attempt to collect the Shipment. Any fees related to this, which may be added by the Carrier, shall be covered by the Sender.

  19. Shipments not collected by the Recipient on time will be returned to the Sender at his expense via the Carrier in accordance with the Service Price List.

  20. If the Recipient refuses to pay the collected amount, the Parcel will not be handed over to him, and the Operator retains the right to remuneration as for a delivered Parcel.

  21. Payment for your goods is made by bank transfer.

  22. The Operator shall exercise the utmost care to ensure the efficient operation of the Service and the performance of Services ordered on the Service, however, accepting an order on the Service does not mean its unconditional implementation. In the event that it is impossible to carry out a given order due to the unavailability of services or products offered by the Senders or unserviced locations by the selected Carrier, the Operator, after informing the Service Recipient, has the right to cancel the Order. In such a case, the Service Recipient will receive a refund of the cost of the service that could not be performed.

  23. Service Recipients have the option to cancel Orders for which no attempt has yet been made to perform the Service by the Sender, by sending a notification to contact@tirze-fit.com. In the event of cancellation of the Order, no fee is charged. If the order has already been paid for, the amount paid is returned to the Service Recipient.

  24. The User who is a Consumer will receive, no later than at the beginning of placing an order, via the Website clear and legible information about the restrictions regarding the performance of the ordered Service or product and the accepted methods of payment.

  25. The Operator will provide the User who is a Consumer with information about:

  26. After placing the order, the Operator will provide the Consumer with confirmation of the conclusion of the agreement for the performance of the ordered Service or purchase of the product from the Sender on a durable medium in the form of a PDF file sent by e-mail, to which the Consumer agrees.

  27. The performance of the service before the expiry of the period for withdrawal from the contract, referred to in § 11 section 2 of the Regulations, will take place only at the request of the Consumer. The Consumer's declaration in this matter may be submitted in the order form.

  28. The Service Recipient who is a Consumer acknowledges that if he/she chooses to perform the Service before the expiry of 14 days from placing the Order, he/she loses the right to withdraw from the Agreement after the Service has been performed.

Payments and settlements

  1. For all ordered Services, the Operator will charge fees in accordance with the Price List applicable at the time of placing the order.

  2. All prices displayed on the website or in marketing materials constitute only an invitation to negotiate in accordance with Article 71 of the Civil Code.

  3. The only price list applicable to the Service Recipient is the Price List available on the www.tirze-fit.com website for logged in Users and the price list applicable at the time of registration of the Order.

  4. The Operator reserves the right to change Prices without giving reasons, introduce new and remove old Services or products, conduct and cancel promotional campaigns.

  5. The Service Recipient is obliged to pay on time all fees related to the order of Services or products calculated in accordance with the Price List and the Regulations, including additional fees.

  6. The Service Recipient agrees to receive invoices in electronic form in accordance with paragraph 3 of the Regulation of the Minister of Finance of 17 December 2010 on sending invoices in electronic form, principles of their storage and the procedure for making them available to the tax authority or fiscal control authority (Journal of Laws No. 249, item 1661)

  7. The Operator declares that it is registered as an active VAT payer.

  8. The Service Recipient accepts the fact that in the event of the Recipient not collecting the Parcel, the Operator will charge a fee for returning the Parcel in accordance with the Price List. The Service Recipient undertakes to pay the difference upon the Operator's request.

  9. If the Service Recipient provides incorrect data that makes it impossible to deliver the Parcel to the Shipping - Receiving Point or the Recipient, the order will be accepted, but the Service Recipient will be charged with additional costs of returning the Parcel to him in accordance with the Price List.

  10. In the event of an order to perform a service, the subject of which are items whose transport is prohibited by the law in force on the date of the order, or which have been entered on the list of prohibited items in force at the Carrier, the Carrier has the right to refuse to accept the Shipment from the Sender for the Service Recipient.

  11. The Operator will issue a VAT invoice to the Service Recipient in accordance with applicable law.

  12. In the case of Cash on Delivery Shipments, the Sender authorizes the Operator to collect the cash on delivery amount from the Recipient on their behalf and transfer it to the Sender. The funds collected by the Operator are transferred to the Sender on individually agreed dates.

  13. Payment for services is made "in advance" via a secure online payment platform (Payment Gateway), operated by the indicated operator as the settlement agent, together with separate regulations.

  14. Payment for services may also be made on the basis of a separate Agreement between the Operator and the Service Recipient.

  15. Any refunds of paid funds are made on the basis of an adjustment to the issued sales document and are made using the same payment channel that was used by the Service Recipient, unless the parties agree otherwise.

  16. If the amount due is not paid within the specified time limit, the Operator will take steps to collect it: after 21 days from the due date, the first payment request will be sent; if the Service Recipient fails to pay the due amounts within the next 14 days, the Operator will send the second payment request; the cost of the payment request for a Service Recipient who is a Consumer is PLN 8.13 net (PLN 10 gross); the cost of the reminder for a Service Recipient who is not a Consumer is PLN 24.39 net (PLN 30 gross).

  17. If the payment demands are ineffective, the Operator may commission an external debt collection company to collect the debt or refer the case to court. The Service Recipient who fails to make the payment will be charged statutory interest for late payment and fees for debt collection activities undertaken by the Operator or the debt collection company, in particular fees for payment demands referred to in paragraph 2 point c) above.

  18. The Service Recipient who is an entrepreneur will be additionally charged, without a request, with an amount of compensation for debt recovery costs equivalent to EUR 40 converted into Polish zloty at the average euro exchange rate announced by the National Bank of Poland on the last business day of the month preceding the month in which the debt became due, in accordance with the Act of 8 March 2013 on payment terms in commercial transactions.

Responsibility

  1. The operator is liable, unless mandatory legal provisions provide otherwise, only for the normal consequences of the action or omission from which the damage resulted.

  2. The transfer of the Order to the Sender and Carrier does not guarantee its acceptance for execution. In such a situation, the Operator will cooperate with the Service Recipient in order to explain the reason for not accepting the Order for execution.

  3. The Operator shall not be liable for the selection of a product or service or improper performance of the service by the Carrier, unless it is the result of non-performance or improper performance of the Service by the Operator. The Service Recipient, using the Service, concludes a civil law contract with the Sender based on the entered discount code received from the Sender, and the Sender concludes an agreement with the Carrier on the terms specified in the Regulations and the Carrier's Regulations.

  4. Due to the fact that placing an order for a service by the User is tantamount to accepting the regulations of the Carrier performing the Service ordered by the Service Recipient, all limitations of liability contained therein, within the limits of applicable law, also cover the Operator and limit its liability

  5. The Operator is not responsible for, among others:

  6. The Operator shall not be liable for the actions and consequences of the User's actions taken in connection with ordering the Sender or Carrier to perform the service, in particular the Operator shall not be liable for:

  7. The Operator shall be liable for any loss, shortage or damage to the Shipment caused by it and occurring at the Consignment Point of the operator cooperating with it, while the liability for loss, shortage or damage to the shipment, in relation to which the provisions of the Transport Law apply, is limited to the declared value, not higher than the actual value.