Conditions générales d’utilisation
Conditions générales d’utilisation
1. General Provisions
You can use tylko.com through a web browser or our mobile app. It’s free but you’ll have to pay for the furniture ordered.
1.2. The Service is run by Custom Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Mińska 25/63, 03-808 Warsaw, entered into the commercial register of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS no. 0000536581, NIP: 1132882374, e-mail: [email protected], phone no.: +44 113 868 0195 (the "Provider").6
1.3. The Provider provides each user of the Service (the "User") with access to the Service and, in particular, access to the elements of the Service enabling:
a) configuration (determination of parameters such as height, width, depth, color, material; the “Specifications”) of the furniture offered by the Provider (the “Product”),
b) augmented reality visualisation of the Product finished in accordance with the Specification and in an environment of the User’s choosing,
c) ordering the Product in accordance with the Specification (its production and delivery) (the “Order”),
d) maintenance of the User’s account within the Service (the “Account”),
(collectively, the “Services”).
1.4. The Services are provided free of charge. The User, however, will assume the costs associated with the order, such as the price of the Product and the cost of the Product’s assembly, if such an option is chosen.
2. The Service Agreement
You don’t need an account to place orders with tylko.com. If, however, you decide to register we’ll fix you up with a personal account. In order to do that, you’ll need to provide us with your personal data (you can do that using Facebook or Twitter) and let us process it. You’ll also need to accept these terms.
2.1. The use of the service referred to in section 1.3 pt. d) of these Terms is only possible once a service agreement is concluded between the Provider and the User (the “Agreement”). An Order may be submitted without entering into the Agreement. The Agreement is concluded once the User registers with the Service by:
a) completing and submitting a registration form via the Service.
b) registering with the Service using Facebook or Twitter and accepting these Terms (the “Registration”). Once Registration is complete, the User will receive, to an e-mail address provided by the User during the Registration, an e-mail confirming the conclusion of the Agreement. This e-mail may also include information required by the Polish Personal Data Protection Act of 29 August 1997 (Dz. U. of 2002 No. 101, item. 926, as amended) (the “Personal Data Protection Act”) on the processing of personal data received from a third party. registering with the Service using Facebook or Twitter and accepting these Terms (the “Registration”). Once Registration is complete, the User will receive, to an e-mail address provided by the User during the Registration, an e-mail confirming the conclusion of the Agreement. This e-mail may also include information required by 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 (the “GDPR”) on the processing of personal data received from a third party.
2.2. The User agrees to only provide true and accurate data during the Registration.
2.3. User data necessary for the conclusion of the Agreement is clearly marked on the registration form (the “Basic Data”).
2.4. The Registration and, consequently, the Agreement will be considered ineffective if, during the Registration, the User:
a) refuses to accept these Terms.
b) refuses to provide Basic Data.
c) provides incomplete or untrue data.
2.5. By ticking the appropriate box during the Registration, the User acknowledges that his data administrator is Custom Sp. z o.o. with headquarters in Warsaw at ul. Mińska 25, building 63 (hereinafter also referred to as ""administrator""). The administrator can be contacted via the [email protected] email address. User can contact the Data Administrator on all matters relating to the processing of personal data and the use of data processing rights.
User’s personal data may be processed in order to perform the contract, direct marketing of the administrator's own products and services, including analytical purposes and response to queries - the legal basis for data processing is the necessity of processing for the contract and the legitimate interest of the administrator; it is justified for the administrator to provide the client with information about his services, to present offers tailored to the needs and interests of the client, to increase the sales of his services. Your data may be transferred to entities that process personal data at the request of the administrator, including IT service providers, marketing agencies, or agents - these entities process data on the basis of a contract with the administrator and only in accordance with the administrator's instructions.
User’s personal data will be kept until the claims for the execution of the inquiry are time-barred or until the obligation to store data resulting from legal provisions expires. The administrator will no longer process data used for direct marketing purposes if User objects to the processing of your data for these purposes. User has the right to access his data and the right to demand their rectification, removal or restriction of their processing.
To the extent that the basis for the processing of User’s personal data is the premise of the legally legitimate interest of the administrator, User have the right to object to the processing of his personal data. In particular, User has the right to object to the processing of data for the purposes of direct marketing and profiling. To the extent that the basis for the processing of User’s personal data is consent, User has the right to withdraw his consent. Withdrawal of consent does not affect the lawfulness of the processing that was made on the basis of consent before its withdrawal. To the extent that your data is processed in an automated manner in order to conclude and perform the contract or processed on the basis of consent - User also has the right to transfer personal data, i.e. to receive personal data from the controller, in a structured, commonly used machine-readable format. User may send this data to another data administrator. User also has the right to lodge a complaint with the supervisory body dealing with the protection of personal data. In order to exercise the above rights, User should contact the data controller.
Contact details are indicated above. Providing your personal data by yourself is voluntary, but failure to provide personal data will prevent the contract from being processed and we will not be able to respond to the message we received.
The processing of the User’s personal data will be carried out within the scope and under the terms of the Polish Electronic Services Act of 18 July 2002 (Dz. U. of 2002 No. 144, item. 1204, as amended) (the “Electronic Services Act”) and GDPR.
2.6. By ticking the appropriate box during the Registration, the User represents his consent to receive previously unsolicited commercial information sent by the Provider on its behalf or on behalf of third parties (e.g. information about any promotions or new products available on the Service) to the e-mail address provided by the User during the Registration. The consent referred to in the preceding sentence also applies to the time period after the Provider terminates the provision of the Services and, in particular, after the Agreement is terminated.
2.7. The Agreement is concluded for an indefinite period of time and may be terminated by the User or by the Provider in accordance with sec. 8 of these Terms.
2.8. Following the conclusion of the Agreement and in order to provide the Services, the Provider will process the following Basic Data:
a) User’s name and surname,
b) User’s e-mail address.
c) User’s address.
d) User’s telephone number.
2.9. By ticking the appropriate box during the Registration, the User requests the Provider to start providing the Services prior to the withdrawal deadline referred to in sec. 9.1 of these Terms.
3. User Account and Promo Codes
If you decide to get an account you can access it by logging into it with your login and password or using Facebook or Twitter. Remember to use your account in accordance with these Terms and the relevant provisions of law.
3.1. As a result of the Registration, an Account is created and assigned to the e-mail address provided by the User during Registration (login). User data provided during Registration is stored within the Account. Using the Account, the User may use the Services, manage his data, track the status of his Order and view his Order history.
3.2. Whenever any data provided during the Registration changes, the User should update it using the dedicated tab in the Service.
3.3. The User can access his Account by:
a) correctly entering his e-mail address (login) and password (provided during the Registration) into the “log in” form,
b) logging into the account using Facebook or Twitter. Where relevant, the Provider will provide the User with information on the processing of personal data received from a third party.
If the User forgets his password, the Provider will send a new one to the e-mail address provided during the Registration. The password can only be recovered after the User submits a filled password recovery form provided by the Provider.
3.4. The User is obliged to keep his password confidential. The user is also obliged not to make their Account available to any third party and in particular, not to let any third party use the Service or the Services via the Account.
3.5. In the course of using the Service, the User is obligated to comply with the relevant provisions of law and, in particular, the provisions of the Polish Civil Code of 23 April 1964 (Dz. U. 1964 No. 16 pos. 93, as amended), the Polish Copyright Act of 4 February 1994 (Dz. U. 1994 No. 24 pos. 83, as amended) (the “Copyright Act”) and the Polish Industrial Property Law of 30 June 2000 (Dz. U. 2001 No. 49, item. 508, as amended) (the “Industrial Property Law").
3.6. In order to use the Service and, in particular, to submit the Order, it is necessary for the User to have:
a) a device with Internet access and a web browser accepting cookies, or
b) a Mobile Application installed on a device running an iOS or an Android operating system, and
c) an e-mail account.
3.8. The Provider issues Promo Codes and Gift Cards as set out in the Terms and Conditions for Promo Codes and Gift Cards
3.9. User may enter one Promo Code per order when checking out. Entering more than one Promo Code for multiple discounts within one order is not permitted.
4. The Rights and Obligations of the Provider
We can block, restrict or limit access to your account whenever we think it may pose a threat to yourself, ourselves or other users. You are responsible for any content posted, stored, published or transmitted through tylko.com.
4.1. The Provider reserves the right to temporarily block any Account, suspend access to certain Services or suspend access to the Service entirely whenever it has been determined that the security of the Account, the Service or other Users is threatened. The Provider may require the User to reset his password. In such a case, the User will regain access to the Account immediately after the password has been reset.
4.2. In case of a serious breach of these Terms by the User or an attempt by the User to act to the detriment of any other User or the Provider, the Provider reserves the right to implement additional restrictions on the use of the Account, as well as, to remove the Account entirely (see sec. 9.2 below).
4.3. The Provider is not responsible for any content posted, stored, published or transmitted by the User through the Service and in connection with the Services. The User is obligated not to post, store, publish or transmit (through the Service or in connection with the Services) any content or material that is unlawful or which threatens the security of the Accounts, of other Users or of the Service.
5. The Order
You place an order after going through the configuration process and by clicking the „pay securely now” button. If you have an account, you won’t need to provide your personal data again. All payments and deliveries are processed by third party providers. Note that we will not process your order before we receive payment confirmation. Also, due to the fact that all our products are custom made, you will not be able to cancel or change your order. You may, however, return your Product within 100 days without stating your cause for doing so. Shipping is currently only available for Austria, Belgium, Bulgaria, Croatia, Czech Rep., Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
5.1. An Order is submitted once the User: (i) determines the Product Specification and (ii) presses a clearly marked button rerouting him to the payment page. The User submits an Order by following subsequent steps within the Service. In case an Order is submitted by a User who has not concluded an Agreement, sec. 2.2 to 2.7 of these Terms shall apply during the Order and to the data provided during the Order. The Orders can only be placed for Products to be shipped to Austria, Belgium, Bulgaria, Croatia, Czech, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
5.2. Once the Order has been placed:
a) the Provider is obligated to provide the User with a Product suitable for use, non-defective and finished in accordance with the final Specification, and
b) the User is obligated to pay the final price of the product. For all Users within the European Union, the final Product price indicated in the Service is gross (i.e. includes VAT). The final product price will be displayed in a currency accordant to the region in which The User is shopping. The Provider is not responsible for exchange rates or fees applied to the final product price and product assembly cost, should The User choose to make payment in a currency different than the indicated region-specific final price.
5.3. Before submitting an Order the User receives information on available payment methods. All payments made within the Service are processed solely by Adyen BV, a company with its registered office in Amsterdam, Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, the Netherlands, entered into a commercial register maintained by the Kamer van Koophandel in Amsterdam under no. 34259528 (the "Broker"). During the placement of the Order, once Specification is determined and Basic Data has been provided, the User is redirected to the Broker’s website in order to select the payment method and pay for the Order.
5.4. Once the Order is submitted, the User will receive an e-mail confirming the Order’s final Specification and its acceptance by the Provider. At this point a contract for a sale of the ordered Product has been concluded between the Provider and the User (the “Purchase Agreement”) and the Order, the Specification, as well as, the Purchase Agreement itself, may not be amended.
5.5. The Provider will begin to execute the Order (i.e. initiate the Product’s production and delivery) immediately after confirmation of the User’s relevant payment is provided by the Broker. The User can track his Order using the dedicated tab in the Service.
5.6. The production process - from Users's order through to finished Product - can take up to 60 days. Once the production and packaging of the Product is complete the Product is turned over to a company providing transport, delivery or freight forwarding services (the “Deliverer”). The Deliverer delivers the Product to the User. The risk of damage to or loss of the Product is transferred upon the User once the Product has been duly delivered to the User.
5.7. Due to the fact that the Product is not prefabricated and is produced in accordance with the Specification, as per art. 38 sec. 3 of the Polish Consumer Rights Act of 30 May 2014 (Dz. U. 2014 pos. 827) (the “Consumer Rights Act”), the User may only terminate the Purchase Agreement under the terms of sec. 8 below, of which the User will be informed prior to.
5.8. In special cases caused by the specific nature of the Order, in particular, high level of individualization and complexity of the project, numerous stages of the designing and production process, the obligation to use materials meeting quality requirements, the obligation to test the products to ensure their compliance with technical requirements, the Provider reserves the right to extend the deadline set in Point 5.6 of the Regulation. The Provider will immediately inform the User of the expected new delivery time, which will constitute an amendment of the terms of the Order.
6. Intellectual Property
The content of our website and our mobile app as well as the design of our products are all (and will remain) copyright protected. We do not transfer or grant consent for the use of our copyright protected work.
6.1. The Products and the Service (including any part of the Service and virtual visualizations of the Products) may:
a) constitute a work (in Polish: “utwór”) within the meaning of the Copyright Act and be subject to the protection provided therein,
b) be subject to the protection provided in the Industrial Property Law.
All rights to the Products and the Service (including any part of the Service and augmented reality visualizations of the Products) arising out of the provisions of the Copyright Act and the Industrial Property Law are vested exclusively with the Provider.
6.2. It is not the intention of the Provider for the use of the Service (including the conclusion of the Agreement or the Purchase Agreement) to lead to:
a) the acquisition by the User of any copyright, including, in particular, copyright to the Product or the Service (including any part of the Service and augmented reality visualizations of the Products),
b) the acquisition by the User of any rights or privileges (such as patents, protection rights for industrial design, the right of registration of industrial designs) provided in the Industrial Property Law,
c) obtaining by the User of the consent referred to in art. 2 sec. 2 of the Copyright Act.
6.3. Notwithstanding sec. 6.1 and sec. 6.2 above, whenever the User acquires any rights referred to in sec. 6.2 pts. a) and b) as a result of using the Service, the User hereby grants the Provider with a non-exclusive, worldwide license to use the Product or the Service (or any part thereof) to which these rights were acquired on all fields of exploitation referred to in art. 50 of the Copyright Act, that is: (i) to fix and reproduce the Product or the Service (or any part thereof) by, among other, producing its copies in a specific technique, including carpentry, printing, reprographic, magnetic recording or any digital technique, including on any memory drives, (ii) to circulate the originals or the copies of the Product or the Service (or any part thereof), as well as, to lend or rent them, (iii) to publicly perform, exhibit, screen, retransmit, broadcast and rebroadcast the Product or the Service (or any part thereof), as well as, to make them available to the public in a manner allowing anyone to access them in a place and at a time of their choosing (in particular via the Internet, on any device or data carrier, as well as, via any user interface). The license referred to in this sec. 6.3 is granted for the period of 20 years.
You can submit a complaint about a defective or an incomplete product, as well as, a product inconsistent with your specification. You can do that within a year from when you’ve noticed a defect (but not after 2 years from when you’ve received your product). We will process you complaint within 14 days and will let you know if we will fix or replace your product. We cover the costs of shipments made in connection with your complaint.
7.1. The User has the right to file a complaint about a Product (the “Complaint”) which, at the time of its delivery to the User, was defective and which, in particular, was: a) inconsistent with the final Specification referred to in sec. 5.1 and 5.4 above, b) damaged, c) incomplete. For the avoidance of doubt, any inconsistency between the finished Product and the augmented reality visualization of the Product provided in the Service, does not constitute an inconsistency referred to in pt. a) above. The right to file a Complaint does not apply to a Product damaged or incomplete due to User’s fault.
7.2. If, upon delivery, the Product has been defectively assembled as part of the Order, the User shall have the right to submit a Complaint about the quality of the Product’s assembly service. The Product assembly service is carried out by the Deliverer or Assembly Provider and any Complaint relating to the quality of the Product assembly service should be filed directly with the Deliverer or Assembly Provider. All information necessary to file such a Complaint, including a description of the Complaint procedure, will be presented to the User at the Product’s delivery. The provisions of sec. 7.4 to 7.11 of these Terms shall not be applicable to any Complaint relating to the quality of the Product assembly service.
7.3. The User may file a Complaint within one (1) year from the date in which the Product’s defect has been noticed, but no later than after two (2) years from the date the Product has been delivered.
7.4. The User files the Complaint in an e-mail sent to [email protected] The Complaint should briefly describe the defects observed and, if possible, include photos illustrating them. The Complaint should also include the User’s request to:
a) repair, or
b) replace the Product with a new one.
7.5. On the basis of the information contained in the Complaint, the Provider will:
a) accept or refuse to accept the Complaint, or
b) request the User to provide additional information or send the Product to the Provider’s address, in order to examine its defects in more detail, and will subsequently accept or refuse to accept the Complaint.
7.6. When requesting replacement, the User may also request the Provider to dismantle the defective Product and assemble the new Product. In this case, however, the User is obligated to incur any dismantle and assembly cost in excess of the Product’s initial price.
7.7. The Provider will consider the Complaint within 14 (fourteen) days from the date of its receipt. Once this period lapses, the Complaint shall be deemed accepted.
7.8. If the Complaint is accepted, the Provider may remove the defect by replacing the Product (or its element) with a new one or by fixing it. The Provider may refuse to satisfy the User’s request to replace or fix the Product, whenever this is impossible or may be excessively costly when compared to other available remedies of the Product’s defects. In such a case, the Provider will propose other remedies in order to remove the defects referred to in the Complaint.
7.9. The Product’s return and replacement (as well as, other shipments of the Product – or its elements’ - resulting from the Complaint) shall be at the sole expense and risk of the Provider. At the User’s request, the Provider may provide the User with a proper shipment packaging.
7.10. The Provider shall inform the User of his refusal to accept the Complaint and the reasons of doing so by way of an e-mail sent to the User’s address provided during the Registration, during the Order or with the Complaint.
7.11. In the event of a dispute between the Provider and the User concerning the Provider’s refusal to accept the Complaint, the User is entitled to the benefit of alternative dispute resolution. In particular, the User may refer his case to a mediator or to an arbitration court by filing an applicable form - a request for mediation or an application to the arbitration court – with a relevant institution. A sample list of institutions, including their contact details is available at www.uokik.gov.pl. The User also retains the right to file a formal complaint with the court at his sole discretion.
Within 100 days from the delivery you have the right to return the product without stating your cause for doing so and without incurring any additional cost. This only applies, however, if you have not damaged or made the product incomplete. In order to place a return, just file a relevant statement via e-mail and send your product back to us.
8.1. Notwithstanding the right to file a Complaint, the User may also terminate the Sale Agreement and return the Product without stating his cause for doing so or incurring any additional cost (the “Termination”). The right to Terminate does not apply to any Product which has been damaged or made incomplete by the User. The right to Terminate does not apply to any Product designed or modified by the Tylko staff on the User's written or verbal request.
8.2. The right to Terminate may be executed within 100 (hundred) days from the Product’s delivery date. In order to Terminate the User should file a Termination statement via e-mail ([email protected]) and send the Product back to the Provider’s address.
8.3. The Product subject to the Termination shall be returned at the sole expense and risk of the Provider. At the User’s request, the Provider may provide the User with a proper shipment packaging.
8.4. Within 7 (seven) days from when the Product subject to the Termination has been delivered to the Provider, the Provider shall inform the User if the Termination has been effective or if the Product subject to the Termination has been deemed damaged or made incomplete by the User. These information shall be provided in an e-mail sent to the User’s address provided during the Registration, during the Order or with the Termination.
8.5. The Termination shall be effective if within 7 (seven) days from when the Product has been returned to the Provider, the Provider has not informed the User that this Product has been deemed damaged or made incomplete by the User. This information shall be provided in an e-mail sent to the User’s address provided during the Registration, during the Order or with the Termination.
8.6. Within 14 (fourteen) days from an effective Termination, the Provider shall return to the User an amount equal to the Product’s total purchase price and delivery costs, as incurred by the User.
8.7. In the event of a dispute between the Provider and the User concerning the Termination, the User is entitled to the benefit of alternative dispute resolution. In particular, the User may refer his case to a mediator or to an arbitration court by filing an applicable form - a request for mediation or an application to the arbitration court – with a relevant institution. A sample list of institutions, including their contact details is available at www.uokik.gov.pl. The User also retains the right to file a formal complaint with the court at his sole discretion.
9. Termination of the customer account Agreement
You can request your account to be removed by sending us a letter or an e-mail. Your account will be removed within 3 days from when we receive your request. On the other hand, we may only remove your account ourselves if you use it in violation of these Terms or relevant provisions of law. Removing your account will not affect any previous purchases you’ve placed with us.
9.1. The User may terminate the Agreement by filing a termination statement:
a) in writing, to the Provider’s address provided in sec. 1.2 of these Terms,
b) in an e-mail sent to the Provider’s address provided in sec. 7.1 of these Terms.
Along with the termination statement the User may also file a request to terminate the processing of his or her personal data provided during the Registration. The Agreement is deemed terminated after 3 (three) days from the day the termination statement has been received by the Provider.
9.2. The Provider may terminate the Agreement whenever:
a) the User intentionally uses (or tries to use) the Service (or any of its elements) or the Account in a manner inconsistent with their purpose or in violation of these Terms or the law (including, in particular, the Copyright Act and the Industrial Property Law),
b) willfully infringes or attempts to infringe the security features of the Service in order to gain unauthorized access to the Provider's IT system.
In such a case, the Provider will be entitled to request the User to refrain from violating these Terms or the law. If the User fails to comply or provides insufficient explanation within 3 (three) days of such a request, the Provider is authorized to terminate the Agreement with immediate effect.
9.3. The termination of the Agreement results in the removal of the Account by the Provider.
9.4. Termination of the Agreement will not affect the validity and effectiveness of any Purchase Agreements concluded before the Agreement was terminated.
10. Customer account withdrawal
You can withdraw from having an account within 14 days from registering. In order to do that, you may use a standard withdrawal form. Withdrawal will not affect any previous purchases you’ve placed with us.
10.1. The User has the right to withdraw from the Agreement within 14 (fourteen) days from the date of its conclusion. You can withdraw by sending an email to [email protected] stating that you explicitly withdraw from the Agreement. A Statement of withdrawal can be requested by email sent to [email protected]
10.2. The User may withdraw from the Agreement by filing a statement of withdrawal:
a) in writing, to the Provider’s address provided in sec. 1.2 of these Terms,
b) in an e-mail sent to the Provider’s address provided in sec. 7.4 of these Terms.
10.3. Once the statement of withdrawal has been filed in accordance with sec. 10.2 above, the Provider will confirm its receipt by way of an e-mail sent to the User’s e-mail address provided during the Registration.
10.4. Once the User withdraws from the Agreement it will be deemed null and void, while both the Provider and the User will be obligated to return any benefits they have received from each other in connection with the Agreement.
10.5. Withdrawal from the Agreement will not affect the validity and effectiveness of any Purchase Agreements concluded before the withdrawal became effective.
11. Final Provisions
Where necessary, we will request your consent to any changes we will be making to these Terms.
11.1. These Terms are made available within the Service at tylko.com/terms-of-service.
11.2. Subject to sec. 11.3 below, the Provider reserves the right to amend these Terms at any time. Information about each amendment to these Terms and its grounds will be made available within the Service along with a new, unified text of these Terms.
11.3. After the Agreement has been executed and prior to the fulfillment of any pending Purchase Agreements, any amendment to these Terms, to which the Consumer Rights Act requires each parties’ consent, may only be effectuated upon the User’s explicit consent. Such consent may be expressed by ticking an appropriate box in the form made available within the Service in connection with such an amendment to the Terms.
11.4. All attachments hereto constitute an integral part of these Terms.
11.5. The name of the Service, its concept and graphic design, all trademarks, Product designs and databases presented within the Service, as well as, any computer code associated with the Service or Mobile Application constitute (unless otherwise explicitly provided) the Provider’s sole, legally and globally protected property.