Terms of Conditions

TERMS AND CONDITIONS OF THE WWW.TRYUMF.COM WEBSITE

TERMS AND CONDITIONS OF THE ONLINE STORE

TERMS AND CONDITIONS OF THE WWW.TRYUMF.COM WEBSITE

I. DEFINITIONS

The terms used herein shall have the following meaning:

  1. Password - a sequence of characters determined by the Customer in order to ensure authorized access to the Account;
  2. Customer - a natural person of age, including the Consumer, having legal capacity, as well as a legal person or organizational unit that is not a legal entity, with legal capacity, using the Site;
  3. Registered Customer - a Customer who has an Account with the Site;
  4. Consumer - a natural person performing with Tryumf or a Partner a legal transaction not directly related to its business or professional activity;
  5. Configurator - a tool for designing Goods made available by Tryumf within the Service;
  6. Account - art of the Service available to the Customer registered after logging in, containing information about the Customer, including placed orders and completed transactions in the Store, and enabling the use of other selected functionalities of the Service;
  7. Login - an e-mail address provided by the Customer during the Registration process, necessary to gain access to the Account;
  8. Newsletter - information, commercial and marketing content concerning products and services of Tryumf or its Partners, including product news, current promotions, contests, as well as the Tryumf company, provided by Tryumf through the Site;
  9. Partner - an entity, which on the basis of an agreement concluded with Tryumf, may, through the Site and the Store, offer and sell its Goods or services to Customers;
  10. Privacy Policy - a document containing information and rules pertaining to the processing of the Customer's personal data, available at the following address tryumf.com/privacy-policy
  11. Terms and Conditions of the Site – the present terms and conditions of the www.tryumf.com web site
  12. Terms and Conditions of the Store - The Terms and Conditions of the www.tryumf.com on-line store
  13. Registration -a procedure consisting in the Customer entering data at the Website to enable the creation of an Account, using the tools made available at the Website;
  14. Store- all functionalities enabling the purchase of Goods and related additional services made available by Tryumf at the www.tryumf.com address;
  15. Site - all functionalities concerning services provided by electronic means, made available by Tryumf at www.tryumf.com Internet address;
  16. Goods - sport trophy, souvenir item, gift, promotional gadget or a different item offered by Tryumf or a Partner through the Store, which may be the subject of a sales contract concluded through the Store;
  17. Tryumf - Tryumf Sp. z o.o. with its registered office in Stalowa Wola, ul. Władysława Grabskiego 8, 37-450 Stalowa Wola, entered in the Register of Entrepreneurs kept by the District Court in Rzeszów, XII Commercial Department under the KRS number of 0000156311, REGON number: 831351006 Vat number: 8651006315, being the entity in charge of administration and running the Site and the Store.

II. GENERAL PROVISIONS

  1. These Terms and Conditions of the Site define the rules of using the Site, run and administered by Tryumf, and the services offered through it.
  2. The use of the Site takes place on the basis of these Terms and Conditions of Use of the Site. The Terms and Conditions of the Site apply to the Site as well as to individual services offered therein, unless specific provisions of separate Terms and Conditions state otherwise. If the provision of a given service takes place on the basis of special regulations (separate terms and conditions, in particular the Terms and Conditions of the Store), before the first provision of such a service in the Service, a request will be made of the Customer to read these Terms and Conditions and give a separate consent to the content of these Terms and Conditions.
  3. Before using the Site, the Customer is obliged to read the content of the Site's Terms and Conditions.
  4. The Site, including services offered within the Site, are addressed to adults. Acceptance of the Terms and Conditions of the Site by the Customer is tantamount to confirmation of being of age.
  5. The Terms and Conditions of the Site are made available free of charge at the Site, in a form that enables the acquisition, reproduction and recording of their content by means of a data communications system used by the Customer.

III. THE SCOPE AND RULES OF PROVISION OF SERVICES AT THE SITE

  1. Provision of services to the Customer at the Site is free of charge. The contract for the provision of these services is concluded for an unspecified period of time.
  2. Within the Site, the Tryumf company provides an opportunity, in particular, for:
    1. browsing, playback and reading information and materials (including, among others, photos, texts, graphics, data, audio-video materials, etc.) by the Customers, made available within the Service, in particular the information and materials about the Goods, promotions and other services related to the Goods;
    2. in the case of a registered Customer – accessing the Account and related services;
    3. using the Newsletter service, consisting in sending, to the e-mail address provided by the Customer, informational, commercial and marketing content pertaining to products and services of Tryumf or its Partners, including, among others, about new products, current promotions, competitions, as well as the Tryumf company and its operations;
    4. getting in touch with a Tryumf consultant (account manager) by means of: chat through the Site or a form available at the Site with a request for an offer;
    5. using the Configurator tool for designing the Goods as part of the “Design” functionality.
  3. Contract for the provision of services through electronic means:
    1. in the case of services referred to in item 3.2.a) – is concluded each time when these Terms and Conditions of Use of the Site are accepted and is terminated when the Customer leaves all pages of the Site;
    2. in the case of services referred to in item 3.2.b) – it is concluded upon activation of the Account and is terminated upon removal of the Account;
    3. in the case of services referred to in item 3.2.c) – it is concluded at the moment the Customer subscribes to the Newsletter and is terminated at the moment the Customer cancels the Newsletter subscription;
    4. in the case of services referred to in item 3.2.d) – it is concluded at the moment when the Client makes contact with a Tryumf consultant through the chat functionality or forms made available at the Site and is terminated when the Client ceases to use the in question;
    5. in the case of services referred to in item 3.2.e) – it is concluded when the Customer uses the Configurator and is terminated when the Configurator is closed.
  4. The Consumer may withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract, subject to item 3.5 below. In order to meet the deadline, it is sufficient to send the notice before the expiry of the above deadline. A notice of withdrawal should be sent to the e-mail address: sklep@tryumf.com. Tryumf will send an acknowledgment of receipt of the withdrawal by e-mail to the e-mail address indicated during Registration.
  5. The right to withdraw from the contract shall not apply if the Customer demands provision of services (delivery of digital content) before the expiry of the deadline for withdrawal from the contract.

IV. ACCOUNT CREATION

  1. Creation of an Account is voluntary and free of charge, although it is necessary to use certain functionalities of the Site.
  2. The account contains content and functions dedicated to registered Customers, including, in particular, access to the history of Orders made through the Store and discount codes available to the Customer.
  3. Registration and activation of the Account is carried out in the following way:
    1. The Customer provides the following data in the registration form:
      • first and family name;
      • address/delivery address;
      • e-mail address (which also is the Login);
      • Password;
      • company name and VAT number – in the case of Customers who are not Consumers;
    2. The Customer accepts these Terms and Conditions of the Site and the Privacy Policy;
    3. then an e-mail message containing an activation link is sent to the e-mail address indicated by the Customer in the Registration form;
    4. after clicking on the activation link, the Account is activated and the Customer receives the status of a registered Customer;
    5. or
    1. The Customer accepts these Terms and Conditions of the Site and the Privacy Policy;
    2. then registers via the social plug-in, if Tryumf provides this option.
  4. After creating an Account, the registered Customer can edit the data entered during Registration in the Account settings.
  5. Conclusion of a contract for the provision of services through electronic means, consisting in access to the Account and services related to it, takes place at the moment of effective activation of the Account.
  6. The Registered Customer is obliged to secure the Password belonging to him/her against unauthorized access by third parties. In the event of becoming aware of the fact that a third party has acquired the Password, the registered Customer should immediately notify Tryumf.
  7. Both the Customer and Tryumf may terminate the contract for the provision of electronic services, including access to the Account and related services, at any time and without giving reasons.
  8. In the event of termination of contract for the provision of access to the Account and services related to it, Tryumf will notify the Customer about the planned deletion of the Account by sending this information to the e-mail address provided by the Customer during Registration, at least 14 days in advance.
  9. Tryumf has the right to remove the Customer's Account immediately, in the event of violation by the Customer of the provisions of these Terms and Conditions of the Site and as a result of ineffective calling upon the Customer to stop the aforementioned violations with a deadline of at least 3 business days.
  10. Termination of the contract for the provision of services by electronic means may not affect the rights acquired during its term. If, at the moment of submitting a notice of termination of the service of access to the Account and related services, an Order placed within the Store is in progress, the Account shall be deleted after its execution.
  11. The notice of termination of the contract for the provision of access to the Account and related services, submitted by the Customer, should be submitted to the following e-mail address: sklep@tryumf.com. sklep@tryumf.com.
  12. The notice of termination of the contract for the provision of services submitted by Tryumf should be sent to the Customer’s e-mail address.
  13. The contract for the provision of the service of access to the Account and related services may be terminated by Tryumf with immediate effect, if:
    1. The Customer made a false statement, concealed or provided false data or information required to conclude or perform the contract, or if the truthfulness of statements, data or information provided by the Customer raises justified doubts;
    2. Tryumf lost all or part of the rights necessary to provide the services or for other reasons, in particular technical reasons, Tryumf lost the capability to provide services;
    3. the provision of services has been suspended and the period of suspension lasts longer than 14 days;
    4. The Customer has committed a gross violation of the terms of provision of services specified in the Terms and Conditions of the Site or other documents.
  14. Account and related services shall expire. The Customer's account will be deleted after Tryumf receives reliable information about the death or termination of the Customer's legal existence.
  15. Deletion of the Account is tantamount to an irretrievable loss of all data collected within this Account. Once deleted, the account cannot be restored.
  16. Deletion of an Account does not mean automatic deletion of personal data from the Service. After deleting the Account, Tryumf processes the personal data of the former Customer within the scope specified in the provisions of law (detailed rules concerning the processing of the Customer’s personal data are included in the Privacy Policy).

V. SUSPENSION OF THE PROVISION OF SERVICE

  1. Tryumf may suspend the provision of services to the Customer (block the Account) in the following cases:
    1. use of the Service through the Account by third parties, unauthorized by the registered Customer;
    2. actions or omissions of the Customer or a person for whose actions or omissions the Customer is responsible, causing damage or hindering or preventing the provision or use of services by other Customers, Tryumf or other parties cooperating with Tryumf;
    3. using the services in a manner that violates applicable laws, generally accepted social norms, morals or good manners, e.g. by posting offensive, racist, pornographic content, etc.,
    4. taking action to gain unauthorized access to computer systems, data or software, or to change, delete or add any record to third party information without their consent;
    5. using devices or software by the Customer that are not interoperable with the Site or interfere with its operation;
    6. the Customer making a false statement, concealing or providing false data or information, or if the truthfulness of statements, data or information provided by the Customer raises justified doubts;
    7. violating in any other way the terms and conditions of service provision specified in the Site Terms and conditions or other documents.
  2. In addition, Tryumf has the right to suspend the provision of services to the Customer, if:
    1. such a request is made by the competent authorities, in particular those carrying out tasks and responsibilities for defense, state security or public security and order;
    2. Tryumf loses all or part of its ability to provide services, in particular for technical reasons.
  3. The resumption of the provision of services shall not take place before the reasons for the suspension have ceased to exist. In the case of suspension of a service under item 5.1. of the Site Terms and Conditions, Tryumf may make the resumption of service provision dependent on the Customer’s request.

VI. NEWSLETTER

  1. The newsletter contains informational, commercial, marketing, products and services content of Tryumf, including product news, current promotions, discounts, as well as information about Tryumf its operations.
  2. The Newsletter is sent by Tryumf with a specified frequency in the form of an e-mail message to the e-mail address provided to Tryumf by the Customer.
  3. The Customer may register for the Newsletter service in one of the following ways:
    1. when opening an Account – by giving consent to the processing of personal data;
    2. after opening an Account or without opening an Account – by completing the following procedure:
      • by ticking the “Subscribe to the Newsletter” box and then giving consent to the processing of personal data;
      • then an e-mail message containing an activation link will be sent to the e-mail address provided by the Customer;
      • after clicking the activation link, the Newsletter is activated – concluding a contract for the provision of services through electronic means.
  4. By registering for the Newsletter, in particular by selecting the “Subscribe to the Newsletter” box, providing the Customer’s e-mail address for this purpose and giving consent to the processing of personal data for this purpose, the Customer agrees to receive commercial information.
  5. The Customer may unsubscribe from the Newsletter at any time through:
    1. clicking on the link “Click to unsubscribe” in the received Newsletter, or
    2. by sending a message to the sklep@tryumf.com email address..
  6. Deletion of an account is considered a resignation from the Newsletter.
  7. The resignation referred to in clauses 6.5. and 6.6. is tantamount to termination of the agreement for the provision of Newsletter services.
  8. The contents of the Newsletter are subject to legal protection, in particular the provisions of the Copyright and Related Rights Act of February 4, 1994 and the provisions of the Industrial Property Law Act of June 30, 2000.

VII. USE OF THE SITE. CUSTOMER’S OBLIGATIONS

  1. The Customer is obliged to use the Site and the services offered in it in a manner consistent with the law, the Site’s Terms and Conditions, the Store Terms and Conditions (in the scope covered by them), as well as in accordance with the rules of community life and good manners.
  2. The Customer is obliged to refrain from any actions violating the law, good manners, property or personal rights of third parties, and in particular from using the data of other persons as their own personal data.
  3. It is forbidden for the Customer to provide through the Site any illegal and offensive content, information that could mislead, as well as content that could cause disruptions or damage to IT systems.
  4. Tryumf is not responsible for the content and safety of websites belonging to other entities to which links are placed at the Site, which are embedded in the Site, or to which automatic redirection takes place.
  5. Tryumf, to the extent permitted by law, is not responsible either for:
    1. any damage caused to third parties, arising as a result of the Customer's use of the Site or specific services in a manner contrary to the Site Terms and Conditions or applicable laws;
    2. any damage caused to third parties as a result of providing untrue, inaccurate, incomplete or misleading data by the Customer;
    3. amages incurred in the event of significant errors in the configuration of the Customer's receiving device;
    4. any damage arising in connection with the Customer's use of data and information from the Site for investment, economic, business, etc. purposes.

VIII. TECHNICAL REQUIREMENTS

  1. The use of the Site and services provided within the Site requires the following technical requirements to be met:
    1. access to one of the following browsers: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher;
    2. operating systems: Windows, Mac OS, Linux, Android, iOS;
    3. JavaScript enabled;
    4. access to the Internet;
    5. e-mail inbox – in the case of Registration and opening an Account, the Newsletter service or if the Customer wishes to receive information/responses by e-mail, or if the customer wishes to receive marketing and commercial information from Tryumf, or if the Customer wishes to contact a Tryumf consultant in a chat or through a form, without creating an Account;
    6. recommended minimum screen resolution: 1024x768;
    7. enabled cookie support.
  2. In the event that the Customer uses hardware and software which do not meet the technical requirements specified in item 8.1 above, Tryumf does not guarantee the correct operation of the Site and/or services.
  3. Tryumf wishes to inform you that despite all efforts Tryumf cannot ensure fidelity of colors in the photos presented on the web pages of the Site, because their display depends, among other things, on the monitor settings and its resolution.
  4. Tryumf strives to make the Site available through various configurations of software and hardware available on the market. Tryumf does not guarantee, however, that each such configuration will enable the use of the entire Site or any of the services. In addition, the use of all or part of the Site or a particular service may require a particular software or hardware configuration.
  5. Tryumf reserves the right to modify the technical method of implementing the functionality of the Site, according to the scope and conditions resulting from the rights held, as well as according to the technical capabilities held, without impairing their quality, and without affecting the scope of rights and obligations of Tryumf and the Customer.
  6. In special cases, affecting the security or stability of the ICT system, Tryumf has the right to temporarily discontinue or limit the provision of services, without prior notification to Customers, as well as to carry out maintenance work to ensure the security and stability of the ICT system.
  7. Tryumf is not responsible for interruptions in the provision of services resulting from failures or cases of faulty operation of ICT systems outside the influence of Tryumf.
  8. Notwithstanding the foregoing, Tryumf has the right to discontinue the provision of services at any time if such a justified request is made by an Internet service provider or other qualified entity. Tryumf shall not be liable for damage caused by faulty operation of the transmission system, including equipment failures, delays and interference in the transmission of information.

IX. CUSTOMER'S PERSONAL DATA

  1. The rules of processing and protection of personal data of the Site’s Customers, including the rules of the use of cookie files, have been defined in the Privacy Policy available at the tryumf.com/polityka-prywatnosci web address.

X. COPYRIGHTS AND OTHER RIGHTS IN INTANGIBLE ASSETS

  1. The Customer may not infringe copyrights and other intellectual property rights to the content posted at the Site by Tryumf or other entities.
  2. Any content published by the Customer at the Site may not infringe copyrights, rights to trademarks or other rights vested in other entities.
  3. The Customer, in the event that third parties make any claims to Tryumf relating to the violation of any rights to the content posted by the Customer, will take all necessary steps to relieve Tryumf from liability in this respect, including, if necessary, joining the case in place of Tryumf or joining the case on the side of Tryumf as an intervening party. In addition, the Customer will redress for Tryumf any damage caused by Tryumf in connection with the claims of third parties concerning the content posted by the Customer, including court and legal representation costs, legal advice and awarded damages and compensations.
  4. The Customer is entitled to use the content placed by Tryumf at the Site exclusively for their own use. In particular, without the authorization granted by Tryumf in writing, it is not allowed to distribute, transmit, modify, post on other websites, link or use the whole or any part of the Site, for commercial or public purposes. It is also forbidden to remove information about copyright and other rights in intangible assets, such as trademark rights.

XI. COMPLAINTS

  1. Customers have the right to lodge complaints regarding the use of the Site and individual services provided within the site. Submitting a complaint is done by sending the appropriate information by the Customer:
    1. by post to the address: Tryumf Sp. z o.o., ul. Władysława Grabskiego 8, 37-450 Stalowa Wola,
    2. bądź
    3. by e-mail to the following address: sklep@tryumf.com
  2. Customers who are not Consumers have the right to lodge complaints in matters concerning the use of the Site and individual services provided within the Site, within no more than 30 days from the date of occurrence of circumstances covered by the complaint.
  3. A notice of complaint should include at least:
    1. identification of the Customer filing the complaint (name, family name, address and e-mail address – if the Customer has one);
    2. description of the problem causing the complaint;
    3. date and time of problem occurrence.
  4. If the complaint is incomplete in relation to the requirements specified in clause 11.3, Tryumf will ask the Customer to supplement them. In the case of failure to remove the deficiencies or inability to contact the complainant due to lack of contact details, as well as in the case of filing, by the Customer who is not a Consumer, a complaint after the deadline indicated in item 11.2., the complaint will be left without consideration, about which Tryumf will immediately notify the Customer, which, however, does not prejudice the possibility of pursuing claims by the Customer under the generally binding provisions of law.
  5. Tryumf will provide the Customer with an answer to their complaint concerning the Site within 30 days from the date of its receipt. Tryumf will forward the response to the complaint in printed format or on another durable medium.
  6. If Tryumf does not respond to the Consumer's complaint within the time limit referred to in item 11.5., it is considered that the complaint has been accepted.

XII. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  1. The rules for access to out-of-court dispute resolution procedures for consumer disputes are available at the premises or at the websites of the entities qualified to hear out-of-court disputes. These may be, in particular, ombudsmen of consumer rights or Provincial Inspectorates of the Trade Inspection, the list of which is available at the website of the Office of Competition and Consumer Protection at the following address: http://www.uokik.gov.pl/spory_konsumenckie.php
  2. The online consumer dispute resolution platform (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC can be used by the consumer, whereas the link to the ODR platform is as follows: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

XIII. FINAL PROVISIONS

  1. Tryumf has the right to make changes in the Terms and Conditions of the Site in the scope in which it is allowed by applicable regulations, including the need to introduce technical or functional changes in the Site, or changes in legal regulations. A Customer who does not accept amendments to the Terms and Conditions of the Site or other terms and conditions of services may terminate the contract. The Customer's use of the Site after the introduction of changes in the Site’s Terms and Conditions or other terms and conditions of service provision means their acceptance.
  2. Changes to the Site’s Terms and Conditions will be published in the form of a unified text of the Site’s Terms and Conditions at the Site and communicated on the main page of the Site with a 14-day notice in an appropriate manner, enabling the analysis of the aforementioned changes. In the event of non-acceptance of changes in the Site’s Terms and Conditions by the Customer, the Customer may resign from services provided to the Customer within the Site.
  3. The law applicable to all legal relations resulting from the Site’s Terms and Conditions is the Polish law. All disputes are settled by Polish common courts, subject to the provisions of item 12 of the Site’s Terms and Conditions.
  4. In the event of Customers who are not Consumers, any disputes with Tryumf arising from or related to its operation will be settled by the court competent for the seat of Tryumf.
  5. Doubts concerning the content of the Site Terms and Conditions should be resolved in a manner ensuring compliance of the Site Terms and Conditions with the mandatory provisions of law.
  6. These Terms and Conditions of the Site come into effect on July 4, 2018.
  7. If you have any questions or concerns about the terms of use of the Site, please contact us at the sklep@tryumf.com e-mail address.

TERMS AND CONDITIONS OF THE ONLINE STORE

I. DEFINITIONS

The terms used in the present Terms and Conditions of the Store shall have the following meaning:

  1. Business days - all weekdays except for Saturdays and public holidays on the territory of the Republic of Poland; dni ustawowo wolnych od pracy na terytorium Rzeczypospolitej Polskiej;
  2. Catalogue - information about goods and services offered by Tryumf published by Tryumf in the form of a brochure and in electronic form, available at the headquarters and branches (points of sale) of Tryumf and placed in the appropriate tab, among others, at the www.tryumf.comwebsite;
  3. Customer - a natural person of age, including the Consumer, having legal capacity, as well as a legal person or organizational unit that is not a legal entity, with legal capacity, using the Store;
  4. Registered Customer - a Customer who has an Account with the Site;
  5. Consumer - a natural person performing a legal transaction with Tryumf or a Partner, not directly related to their business or professional activity;
  6. Configurator - a tool for designing Goods made available by Tryumf within the Service;
  7. Account - a part of the Site available to the Customer registered after logging in, containing information about the Customer, including placed orders and completed transactions in the Store, and enabling the use of other selected functionalities of the Site;
  8. Partner- an entity, which on the basis of an agreement concluded with Tryumf, may, through the Site and the Store, offer and sell its Goods or services to Customers;
  9. Privacy Policy a document containing information and rules pertaining to the processing of the Customer's personal data, available at the following address tryumf.com/privacy-policy
  10. Site Terms and Conditions- Terms and Conditions of the www.tryumf.com website, available at the
  11. Terms and Conditions of the Store - these Terms and Conditions of the www.tryumf.com Internet Store
  12. Registration - a procedure consisting in the Customer entering data at the Website to enable the creation of an Account, using the tools made available at the Website;
  13. Outlet - Triumph location in the Republic of Poland, where the Customer can collect the Goods purchased in the Store, the Seller of which is Triumph;
  14. Store - all functionalities enabling the purchase of Goods and related additional Services made available by Tryumf at the www.tryumf.com address
  15. Site - all functionalities concerning services provided by electronic means, made available by Tryumf at the www.tryumf.com Internet address;
  16. Seller Tryumf or Partner, according to the Customer's choice made in the course of placing an Order in accordance with clause 5 of the Terms and Conditions of the Store;
  17. Goods - sport trophy, souvenir item, gift, promotional gadget or a different item offered by Tryumf or a Partner through the Store, which may be the subject of a sales contract concluded through the Store;
  18. Tryumf - Tryumf Sp. z o.o. with its registered office in Stalowa Wola, ul. Władysława Grabskiego 8, 37-450 Stalowa Wola, entered into the Register of Entrepreneurs kept by the District Court in Rzeszów, XII Economic Department, under the KRS number of 0000156311, REGON number: 831351006, Vat number: 8651006315, being the entity administering and operating the Site and the Store;
  19. Sales contract - a sales contract within the meaning of the provisions of the Civil Code of 23 April 1964, having the Goods as its subject and which may also have additional Services as its subject, concluded between the Customer and the Seller at a distance through the Store;;
  20. Additional service - the engraving service or other paid service related to the preparation of the Goods for the Customer, provided by Tryumf or the Partner to the Customer under the Sales Contract;
  21. Order - a declaration of will of the Customer, directly leading to the conclusion of the Sales Contract.

II. GENERAL PROVISIONS

  1. These Terms and Conditions of the Store specify:
    1. requirements and rules of using the Store by Customers,
    2. rules of concluding and performing Sales Contracts, including the provision of additional Services,
    3. the rules for withdrawing from sales contracts concluded through the Store and the procedure for lodging and processing complaints,
    4. options for resolving disputes arising from or related to the operations of the Online Store.
  2. The store is administered and run by Tryumf.
  3. Within the Store, Tryumf creates the possibility of placing orders and concluding sales contracts.
  4. Customers may access these Terms and Conditions of the Store at any time via the link at www.tryumf.com. The Terms and Conditions of the Store are made available free of charge, in a form that enables the acquisition, reproduction and recording of its content by means of a data communications system used by the Customer.
  5. Confirmation of conclusion of a Sales Agreement together with its provisions is sent by the Seller sends to the Customer at the e-mail address provided by the Customer and is passed along with the shipment containing the Goods. Along with the shipment containing the Goods, the Seller also sends a VAT invoice or a receipt.
  6. Information about the Goods and Additional Services provided in the Store, including their descriptions, parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 24 April 1964.
  7. Orders and Sales Contracts are realized on business days from 08:00 to 16:00.

III. THE TECHNICAL CONDITIONS OF USE OF THE STORE

  1. Use of the Store requires that the following technical requirements are met:
    1. access to one of the following browsers: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher;
    2. operating systems: Windows, Mac OS, Linux, Android, iOS;
    3. avaScript enabled;
    4. access to the Internet;
    5. e-mail address;
    6. recommended minimum screen resolution: 1024x768
    7. enabled cookie support.
  2. In the event that the Customer uses hardware and software which do not meet the technical requirements specified in item 3.1 above, Tryumf does not guarantee the correct operation of the Store.

IV. USE OF THE STORE – CUSTOMER'S OBLIGATIONS

  1. The Customer is obliged to use the Store in a manner consistent with the law, the Terms and Conditions of the Store and Terms and conditions of the Site, as well as in accordance with the rules of community life and good manners.
  2. The Customer is obliged to refrain from any actions violating the law, good manners, property or personal rights of third parties, and in particular from using the data of other persons as their own personal data.
  3. It is forbidden for the Customer to provide through the Store any illegal and offensive content, information that could mislead, as well as content that could cause disruptions or damage to IT systems.

V. PLACING AN ORDER AND CONCLUDING A SALES CONTRACT

  1. The Customer may place an order:
    1. within the Account, if they are a registered Customer, or
    2. without registration and logging in – in this case, the Customer provides data necessary to place an Order and conclude a Sales contract.
  2. In order to place an Order, the Customer selects the type and number of Goods, as well as additional Services and performs subsequent technical actions based on the displayed messages and information available in the Store.
  3. Selection of the ordered Goods by the Customer is made by adding them to the electronic “shopping cart”. The customer may resign in whole or in part from the items placed in the “shopping cart” (“Remove/Remove Selected” button).
  4. If Additional Services are selected, the procedure described in Chapter 6 applies.
  5. After completing the assortment of the Order you should choose from the displayed options: payment method, delivery method and the Seller.
  6. The customer selects the Seller from the list (clicking on a selected item in the list) or by indicating a selected outlet of the Seller on the map (clicking on a selected outlet). If the Customer does not make a choice of the Seller, the Order will be transferred to the Seller selected by Tryumf (the choice is shown in the summary of the Order, described in item 5.7 below).
  7. At the final stage of placing the Order, information about the scope and terms of transaction will be displayed, including selected Goods, Additional Services, method of payment, delivery terms and conditions and the Seller (“Order Summary”).
  8. If the conditions indicated in the summary of the Order correspond to the intention of the Customer, the Customer declares their final acceptance by clicking the “Order and pay” button. An Order placed this way constitutes an offer extended by the Customer to the Seller indicated in the Order to conclude a Sales Contract within the meaning of the provisions of the Civil Code.
  9. After the Customer has placed an Order, the Seller shall immediately send a confirmation of receipt of the Order with the specified content and its acceptance for execution to the e-mail address indicated by the Customer. Conclusion of the Sales Contract takes place at the moment of delivering to the Customer an e-mail from the Seller confirming the acceptance of the Order for execution.
  10. If the Order cannot be confirmed for reasons attributable to the Customer (e.g. incorrect e-mail address) within 48 hours, it will be cancelled. Moreover, the Seller shall be entitled to cancel the Order in the event of entering incomplete or untrue data which may prevent the conclusion or performance of the Sales Contract.
  11. In exceptional situations, caused in particular by failure, disruptions of deliveries, suspension of production of a given Merchandise or inability to perform an Additional Service, it may not be possible to execute the Order. In such a case, instead of the confirmation referred to in item 5.9, the Seller will notify the customer by e-mail that the Order has not been accepted for execution. This information may include a proposal to amend the terms and conditions of the Order, including the assortment and delivery date. At the request of the Customer or with the Customer's consent, the Seller shall correct the Order accordingly.
  12. The acceptance of the Order for execution may also be refused in the event of a Customer who is in arrears with payment for the Goods or an Additional Service.
  13. The content of the Sales Contract indicated in the summary of the Order (and the confirmation sent) is additionally recorded and secured in the Store's IT system.

VI. PROVISION OF ADDITIONAL SERVICES

  1. The Client may, in the course of the Order placement procedure, order additional Services aimed at designing the Goods, in particular engraving services, with the use of available techniques of color printing, laser engraving or 3D engraving inside the Goods.
  2. In order to create a design of Goods the Customer can use the Configurator provided by Tryumf. Detailed instructions for the preparation of graphic designs, a description of LUXOR JET and engraving techniques, as well as a color template for filling, are placed in the Help tab or can be sent to the Client by Tryumf – the request should be submitted to the e-mail address:sklep@tryumf.com .
  3. Tryumf stipulates that visualizations of the designed Goods, presented in the Catalogue or Configurator, may differ slightly from the appearance of the final product. Tryumf wishes to inform the Customer that despite all efforts Tryumf cannot ensure fidelity of colors in the photos presented on the web pages of the Site, because their display depends, among other things, on the monitor settings and its resolution.
  4. A Seller accepting an Order covering additional services has the right to make minor technical corrections in cases where experience shows that such an adjustment will improve the quality of the Additional Service provided and will not affect the nature of the Order.
  5. If, as part of an Order covering additional services, the Customer has ordered an Additional Service based on standard forms (templates), available in the Configurator, the price of which is known (indicated on the Store’s website), the procedure for the execution of the Order for such a service is in accordance with the rules set forth in Chapter 5.
  6. If the terms and conditions of the Additional Service within the submitted Order need to be specified, i.e. in particular in connection with the modification of standard forms (templates) available within the Configurator ordered by the Customer – at the moment of placing an Order with the Seller containing an order for a modified Additional Service, the procedure of agreeing individual terms and conditions of the Additional Service with the Seller is initiated, in accordance with this chapter.
  7. Arrangement of individual conditions referred to in item 6.6. is required, in particular, if the production of graphics with a logo for the Customer is to include the creation of painting or graphics forms, the logotype, logo or other trademark (work) for the Customer.
  8. The procedure of agreeing on individual terms and conditions of the Additional Service shall be conducted by e-mail and telephone, with the participation of the Seller selected by the Customer and shall include the following activities:
    1. The Seller shall send to the Customer's e-mail address a confirmation that the individual terms and conditions of the Additional Service have been agreed upon with the Seller's consultant and the proposed terms and conditions for the provision of the Additional Service.
    2. A design of the Goods individually agreed by the Customer with the Seller is sent by e-mail to the Customer in order to obtain its approval.
    3. The Customer is obliged to send back by return mail (e-mail) a written acceptance of the design of the Goods or to send information concerning corrections or changes in the design of the Goods. Lack of acceptance or submission of comments within 2 business days shall be treated as the Customer’s resignation from the execution of the Order. In such a case, the Order will not be processed and the Seller performing the Order will refund the amount paid by the Customer towards the price of the Additional Service.
    4. After the acceptance of the design by the Customer, the Seller sends a confirmation of the terms and conditions of the Order to the Customer’s e-mail address. At the moment of sending the confirmation, the Sales Contract with the content indicated in the confirmation is concluded.
  9. The Customer may not infringe on copyrights and other intellectual property rights to the content posted in the Store by Tryumf or other entities.
  10. The Seller reserves that the designs (graphic productions) made at the Customer’s request by the Seller constitute a work within the meaning of Article 1 of the Act of February 4, 1994 on Copyright and Related Rights (i.e. Dz.U. [Journal of Laws] of 2017, item 880, as amended), whereas the author's economic rights (including dependent rights) to this work are exclusively vested in Tryumf. The Customer acquires ownership of a copy of the work in accordance with Article 52 of the aforementioned Act. The Seller shall not be liable for any infringement of third party rights (including copyrights and industrial property rights, e.g. to a trademark) as a result of the execution of the Order in accordance with the design submitted by the Customer.
  11. By placing an Order for the provision of an Additional Service in accordance with the design submitted by the Customer, the Customer warrants that he or she has the right to dispose of the design to the extent necessary for the execution of the Order and that the execution of this Order does not require authorization, does not infringe on the property rights or personal rights of third parties. In the event of any claims being made of the Seller for infringement of intellectual property rights, the Customer shall be obliged to release the Seller from such claims and/or repair the damage suffered by the Seller, resulting in particular from actions aimed at ensuring that a third party withdraws from pursuing claims or from the need to satisfy them, including covering the costs of pre-litigation activities and possible court proceedings.

VII. SUPPLY OF GOODS

  1. Delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.
  2. Delivery of the ordered Goods takes place by courier (prepaid or cash on delivery). It is possible to collect the Goods in person, at an Outlet or at a point run by the Partner, selected by the Customer. The addresses of the Outlets and points of sale run by the Partners are available at the www.tryumf.com website, in the summary of the Order, as well as on the “Contact” tab.
  3. Delivery is against payment, unless the Sales Contract provides otherwise. Delivery costs are stated on the Store's website in the summary of the Order and in the confirmation sent to the Customer referred to in item 5.9.
  4. Delivery time of Goods is from 2 to 5 business days, unless the Sales Agreement provides otherwise and is counted:
    1. in the case of payment by bank transfer, electronic payment or card payment – from the date of crediting the Seller's bank account or settlement account;
    2. in the case of cash on delivery or with deferred payment date – from the date of conclusion of the Sales Contract.

VIII. PRICES AND TERMS OF PAYMENT

  1. Prices of Goods and Additional Services (with the exception of modified Additional Services referred to in item 6.6 of the Terms and Conditions of the Store) are published on the Store's website in Polish zlotys and include VAT.
  2. Prices given on the pages of the Store do not include the cost of delivery of the Goods. The total cost of the Order consists of the price for the Goods, delivery costs and the price for the Additional Service (if it was requested as part of the Order).
  3. The choice of payment method and method of delivery of the Goods shall be made at the time of placing an Order by the Customer.
  4. Subject to Article 19 of the Act of March 6, 2018. Entrepreneurs' Law, the customer has the option to pay the price:
    1. by transfer to the bank account number indicated in the summary of the Order and in the confirmation of Order placement received by e-mail (prepaid shipment);
    2. in cash upon receipt of the Goods delivered by a courier (cash on delivery);
    3. in the form of an on-line transfer using the Dotpay payment service provider’s system (prepaid shipment);
    4. in cash at the collection of goods at Outlets or store locations of the selected Partner.
  5. Terms of Payment:
    1. if the Customer chooses to pay by cash on delivery, the Customer is obliged to make the payment at the collection of the parcel (to the courier);
    2. if the bank transfer method was selected, in the absence of any other arrangements between the parties (in particular fixing a deferred payment date), payment should be made within 7 days from the conclusion of the Sales Contract. In case of non-payment, despite a dunning note sent to the e-mail address indicated by the Customer, the Seller may withdraw from the Sales Contract or demand that the payment be made.

WITHDRAWAL FROM THE SALES CONTRACT

  1. Within 14 days the Customer who is a Consumer may withdraw from the Sales Contract without giving any reason and without incurring any costs, with the reservation that:
    1. if the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional cost incurred by the latter;
    2. The Consumer shall bear the cost of direct return of the Goods to the Seller (shipping cost or travel costs for personal return of the goods at the Seller's registered office).
  2. The period for withdrawal from the Contract of Sale, referred to in clause 9.1., begins with taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of an Order which covers multiple Goods that are delivered separately, in lots or in parts – with taking possession of the last item of Goods, lot or part. In order to comply with the deadline for withdrawal from the contract, it is sufficient to send a statement before its expiry.
  3. The statement of withdrawal from the Sales Contract should be formulated unequivocally, but – at the Consumer's choice – may be made in writing, by sending it to the address of the Seller, provided as part of the confirmation of Order execution.
  4. Submission of a statement of withdrawal from the Sales Contract may be made using a form that can be downloaded here, but this is not mandatory. here, but this is not mandatory.
  5. In the case of withdrawal from the contract by the Consumer, the Sales contract shall be deemed not concluded.
  6. The return of the Goods to the Seller should take place immediately, but not later than within 14 days from the date of withdrawal from the Sales Contract. In order to meet the deadline it is sufficient to send back the Goods before its expiry. The goods should be returned together with the original packaging. Due to the need to maintain proper organization of the Seller’s work, it is desirable for the Consumer to agree in advance with the Seller on a specific date of return of goods.
  7. If possible, the returned Goods should be accompanied by a receipt or VAT invoice concerning the sale of the Goods in the Store. Providing the proof of purchase of the Goods is not necessary for the effective exercise of the right of withdrawal from the Sales Contract.
  8. The Consumer shall be liable for any diminished value of the Goods as a result of using them in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.
  9. Within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Contract, the Seller shall return to the Consumer all payments made by the latter, including the costs of delivery of the Goods. The seller shall reimburse the payment by the same means of payment as the Consumer used, unless the consumer expressly agrees to a different method of reimbursement which does not involve any costs for the consumer. The Seller shall have the right to withhold the return of payments received from the Consumer until the receipt of the returned Goods or provision by the Consumer of proof of its return, whichever occurs first.
  10. In connection with Article 38(3) of the Act of May 30, 2014 on consumer rights, the right to withdraw from the Sales Contract does not apply to the Consumer in relation to the Sales Contract in which the subject of performance is the Goods manufactured according to the Consumer’s specifications or serving to satisfy their individual needs, in particular if the subject of the Sales Contract is the Goods to which Additional Service pertains.

X. LIABILITY OF THE SELLER FOR DEFECTS IN GOODS

  1. The Seller shall be obliged to deliver the Goods to the Customer free from physical and legal defects, subject to item 6.11. of the Terms and Conditions of the Store.
  2. A physical defect consists in the non-conformity of the sold Goods with the Sales Contract. In particular, the Goods sold is inconsistent with the Sales Contract, if:
    1. it does not have properties which such an item should have in view of the purpose of the Sales Contract, either indicated or resulting from the circumstances or intended use;
    2. it does not have the properties of the existence of which the Seller assured the Customer, including through the presentation of a sample or pattern;
    3. it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Contract, and the Seller has not objected to such purpose;
    4. has been issued to the Customer in incomplete condition.
  3. The Seller shall be liable to the Customer if the sold Goods are the property of a third party or if they are encumbered with the rights of a third party, and also if the restriction in the use or disposal of the goods results from a decision or ruling of a competent authority (legal defect).
  4. The Client lodging a complaint due to defects of the Goods may:
    1. demand that the defect be rectified;
    2. demand replacement of the defective Goods with Goods without defects;
    3. make a statement of reduction in price;
    4. make a statement on withdrawal from the Sales Contract, unless the defect in the Goods is immaterial.
  5. Complaints due to a defect in the Goods should be filed:
    1. in writing to the address: Tryumf Sp. z o.o., ul. Władysława Grabskiego 8, 37-450 Stalowa Wola or by e-mail to: sklep@tryumf.com - if the Order was executed by Tryumf as a Seller,
    2. or
    3. to the address of the Seller, selected in the process of placing the Order, indicated in the confirmation of the Order, which the Customer received electronically – when the Order was executed by a Partner as the Seller.
  6. The complaint shall contain at least:
    1. the number of the Order on the basis of which the defective Goods were delivered (the number is indicated each time in the summary and the e-mail confirmation sent to the Customer),
    2. a description of the defect and the date on which it was discovered,
    3. the expected method of handling the complaint by the Seller,
    4. contact details of the Customer making the complaint.
  7. The Customer, who exercises warranty rights, is obliged to deliver defective Goods to the address of the Seller's registered office. If, due to the type of Goods, the delivery of goods by the Customer to the address of the Seller's registered office would be excessively difficult, the Customer shall be obliged to make the Goods available to the Seller in the place where the Goods are located. The costs of sending and making the defective Goods available shall be borne by the Seller.
  8. Within 14 days from the date of lodging the complaint, the Customer shall be informed about the manner of its consideration in writing or by e-mail – in an e-mail message sent by the Seller to the address indicated in the complaint.
  9. In the event that the Customer submits a notice of price reduction or a notice of withdrawal from the Sales Contract, the Seller may replace the defective goods with goods free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The price reduction statement or the declaration of withdrawal from the contract becomes ineffective. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfill its obligation to replace the item with a defect-free item or rectify the defect.
  10. The Customer who is a Consumer, instead of the defect removal proposed by the Seller, may demand replacement of the Goods with defect-free Goods or instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
  11. If the Customer demands replacement of the Goods with Goods free from defects or removal of defects, the Seller may refuse to satisfy the Customer's request, if it is impossible to bring the defective goods into conformity with the contract in the manner chosen by the Customer or in comparison with the other possible way to bring them into conformity with the contract it would require excessive costs.
  12. The Seller shall be liable only for actual damage caused by non-performance or improper performance of the Sales Contract and shall not be liable for lost profits of the Customer.
  13. The Seller shall be liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer.
  14. The Seller's liability under the warranty towards a Customer who is not a Consumer is excluded pursuant to Article 558 of the Civil Code of April 23, 1964.

XI. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  1. The rules for access to out-of-court dispute resolution procedures for consumer disputes are available at the premises or at the websites of the entities qualified to hear out-of-court disputes. These may be in particular ombudsmen of consumer rights or Provincial Inspectorates of the Trade Inspection, the list of which is available at the website of the Office of Competition and Consumer Protection at the following address http://www.uokik.gov.pl/spory_konsumenckie.php.
  2. The online consumer dispute resolution platform (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC can be used by the consumer, whereas the link to the ODR platform is as follows: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

XII. FINAL PROVISIONS

  1. Tryumf has the right to make changes to the Terms and Conditions of the Store to the extent permitted by applicable regulations, including the need to make technical or organizational changes to the Store, or changes in the law. A Customer who does not accept changes to the Terms and Conditions of the Store or other terms of service may terminate the contract. The Customer's use of the Store after the introduction of changes in the Terms and Conditions of the Store or other terms of service means their acceptance.
  2. Changes to the Terms and Conditions of the Store shall be published in the form of a consolidated text of the Terms and Conditions of the Store at the tryumf.com/regulamin-sklepu address and communicated on the home page of the Store with 7 days' notice in an appropriate manner, enabling the analysis of such changes.
  3. The law applicable to all legal relations arising from the Terms and Conditions of the Store is the Polish law. All disputes are settled by Polish common courts, subject to the provisions of Chapter 11 of the Terms and Conditions of the Store.
  4. Sales contracts are concluded in Polish and in accordance with the regulations in force in the territory of Poland.
  5. It is assumed that statements made by the Seller and the Customer by e-mail shall be deemed to have been made at the moment when the sender's e-mail program generates a message about sending a message to the indicated address (without a non-delivery message).
  6. In the case of Customers who are not Consumers, any disputes with the Seller arising from or related to its operation shall be settled by the court having jurisdiction over the Seller's registered office.
  7. In the case of Customers who are not Consumers, any disputes with the Seller arising from or related to its operation shall be settled by the court having jurisdiction over the Seller's registered office.
  8. These Terms and Conditions of the Store shall enter into force on 07/04/2018. Sales contracts concluded before the entry into force of these Terms and Conditions of the Store shall be subject to the provisions hitherto in force.
  9. In the event of any questions or concerns regarding the Terms and Conditions of the Store, the Customer is asked to contact us at the sklep@tryumf.come-mail address.