TRIBITOR.COM TERMS AND CONDITIONS OF PURCHASE (hereinafter referred to as the “Terms and Conditions”)

GENERAL PROVISIONS
Article 1.
DEFINITIONS

These Terms and Conditions specify the conditions for concluding the Sales Contract and the rules for using the services provided by the Seller. Each time further in these Terms and Conditions the terms listed below are written with capital letter, then such terms must be interpreted in accordance with their definitions assigned to them below, unless the context of their use explicitly suggests otherwise:

  1. Price – remuneration due to the Seller for executing the Sales Contract for the Customer;

  2. Customer – a natural person with full legal capacity or a legal person or an organisational unit without legal personality, duly represented by a competent natural person, who accepts these Terms and Conditions;

  3. Consumer – the Customer who is a natural persons concluding the Sales Contract with the Seller for the purposes not directly connected with its business or professional activity;

  4. Newsletter – a service provided by the Seller to the Customer, which is the commercial information on services and products of the Seller;

  5. Terms and Conditions – this document which comprises the rules for concluding Sales Contracts and the rules for providing and making use of the services offered by the Seller through the Store to the Customers. These Terms and Conditions specify rights and duties of the Customer and the Seller. With regard to services provided by electronic means, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002, no. 144, item 1204, as amended);

  6. Sales Contract – a contract concluded using means of distance communication, which concerns the delivery, by the Seller to the Customer, of products in exchange for payment of the Price;

  7. Store – the platform which enables conclusion of the Sales Contract and providing services offered by the Seller, operated by the Seller;

  8. Seller - MarMar Investment Sp. z o.o, with its registered office in Warsaw, street: Słomińskiego nr 15, lok. 509, 00-195 Warsaw, registered with the Register of Entrepreneurs kept by the Warsaw District Court, XII Commercial Department of the National Court Register with KRS number 0000363917, NIP number 7010255076, REGON number 142564847, with share capital of PLN 5.000, e-mail address: info@tribitor.com;

  9. Technical Requirements – the minimum technical requirements the meeting of which is necessary to use the Store and to conclude the Sales Contract and which have been described in Appendix 1 to the Terms and Conditions – Technical Requirements for Using the Store;

  10. Order – a form made available by the Store, which specifies the scope of the Sales Contract and which comprises the Customer’s data necessary to conclude and execute the Sales Contract.

RULES FOR PROVIDING SERVICES BY ELECTRONIC MEANS
Article 2.
CONCLUSION OF CONTRACT FOR PROVIDING FREE SERVICES

  1. The Seller shall provide, free-of-charge through the Store, the following particular services for the Customers:

    1. sending the Newsletter to the e-mail address/telephone number specified by the Customer, pursuant to Article 3 (Newsletter);
    2. enabling the Customers to place Orders and to conclude Sales Contracts.
  2. Under the Store services, the Seller undertakes to provide the above services, to such extent and under such conditions as specified in the Terms and Conditions.

  3. The condition for using the above services is that the end device and the IT system of the Customer meet the minimum Technical Requirements.

  4. In order to ensure proper execution of the Sales Contract, the Customer is obliged, in particular:

    1. to provide, in the Customer’s Order, only true and up-to-date and all necessary Customer data;

    2. to immediately update the data, including personal data, provided by the Customer to the Seller in connection with conclusion of the Sales Contract, to such extent as necessary for the proper execution of the contract;

    3. to use the Store services in compliance with generally applicable provisions of law, provisions of the Terms and Conditions, as well as principles of social conduct, including in a manner which would not be burdensome for other Customers and for the Seller and in such a manner so as not to disturb the operation of the Seller or of the Store;

    4. to timely pay the Price and other costs agreed by the Customer and the Seller.

  5. The Customer shall also be obliged:

    1. not to provide and not to transfer, under the Store services, any content which is prohibited under generally applicable provisions of law, in particular any content that is in breach of author’s economic rights, or personal interests, of third persons;

    2. not to take actions such as:

      • sending or placing, in the Store, any unsolicited commercial information or any contents that would be in breach of law (prohibition to place illegal contents);

      • taking any IT-related actions, or any other actions, the objective of which is to take over the information which is not intended for the Customer, including any data of other Customers;
      • illegal modification of contents provided by the Seller, in particular Prices and descriptions presented by the Store;
      • abuse of rights vested on the Customer by the Seller or by law, in a manner contrary to social and economic purpose the a given right or to principles of social conduct.
  6. Seller states that due to the public nature of the Internet, the use of services supplied by electronic means may involve the risk of acquisition of the Customer’s data by unauthorized persons, therefore the Customer should apply appropriate technical means to minimize the above risks, in particular through the use of antivirus software and firewall.

Article 3.
NEWSLETTER

  1. To start using the Newsletter Service offered by the Seller, the Customer may, in the course of concluding the Sales Contact with the Seller, give relevant authorization to the Seller to process his personal data for marketing purposes and direct marketing as well as to be sent commercial information via e-mail.

  2. The contract for providing the Newsletter delivery service shall be valid since the user expresses its intent to receive the Newsletter.

  3. The Customer may, at any time, terminate the contract for services as regards the delivery of Newsletter service; such termination shall be by sending a corresponding request to the Seller’s e-mail address: info@tribitor.com, and by including the Customer’s e-mail address to which the Newsletter is being sent.

Article 4.
COMPLAINTS RELATED TO SERVICES

  1. The Customer may, at any time, file a complaint related to services provided by the Seller.

  2. The Customer may notify the Seller of his complaint regarding services provided by the Seller, in particular, in writing or by telephone or by sending e-mail. To speed the complaint processing, in your complaint please provide a short description of reasons for your compliant and contact details of the Customer filing the complaint

  3. The complaint shall be processed by the Seller within 14 days from receipt of the Customer’s complaint by the Seller.

RULES FOR SELLING PRODUCTS BY THE SELLER
Article 5.
CONCLUSION AND EXECUTION OF THE SALES CONTRACT

  1. The information on the webpage of the Store shall not constitute an offer within the meaning of the Civil Code, but merely an invitation for the Customer to make offers for concluding the Sales Contract.

  2. The Seller offers the Customer to place the Order in the following manner, in the following sequence (technical operations that constitute the Sales Contract Conclusion procedure):

    1. Orders can be placed twenty-four hours a day, seven days a week;

    2. The Customer shall specify, in the Order form, his quantity parameters;

    3. The Customer shall choose the method of payment of the Price;

    4. The Customer shall fill-in the data necessary to place the Order and to execute the Sales Contract (including, in particular, the delivery address);

    5. until the functionality “Order and Pay” is started by the Customer, the Customer may correct the data filled-in in the Order by himself, in particular as regards edition and modificatios;

    6. The Customer shall place the Order with the Seller by starting the Store’s functionality “Order and Pay”, which means that placing the Order by the Customer results in his obligation to pay the Price;

    7. since the Customer presses the button “Order and Pay” and the Order is placed (the Customer’s declaration of intent to conclude a contract with the Seller), an offer for concluding a Sales Contract as specified in the Order is made to the Seller by the Customer;

    8. after the Order is placed, the Customer will receive an e-mail which contains all substantial elements of the Order, such an e-mail being the declaration of accepting the offer and at the same time the confirmation of concluding the Sales Contract.

  3. The Sales Contract is concluded by means of distance communication, i.e. by the Internet.

  4. Recording, securing, making available and confirming the contents of the Sales Contract being concluded with the Customer takes place by sending an e-mail to the Customer, such e-mail containing confirmation of distance conclusion of a contract within the meaning of Article 21 of the Consumer Rights Act.

Article 6.
RULES FOR MAKING PAYMENTS AND REIMBURSEMENTS

  1. Payments can be made by an electronic payment system currently accepted by the Seller and presented at the Store’s website, by an electronic transfer or by a payment card or by a credit card.

  2. The Seller does not operate the “cash upon delivery” payment system.

  3. Acceptable and available methods of payment are presented by the Store (in the Order form and in the Store).

  4. Payment for ordered products shall be made within 1 working day from when the Sales Contract has been concluded.
  5. Payment for the Order using, at the same time, several methods of payment listed in par. 1 is not allowed.

  6. If the Customer made his payment by a payment card or by an electronic transfer or by an electronic payment system, then reimbursement (e.g. for cancellation of the Order or for withdrawal from the contract) shall be made to the payment card or to the bank account from which the original payment was made.

  7. The Consumer may also agree for reimbursement by means of payment other than those used in the original transaction, which reimbursement shall not entail any costs for him.

Article 7.
DELIVERY OF PRODUCTS

  1. The consignment shall be delivered to the address provided by the Customer in his Order.

  2. The total waiting time for receiving products by the Customer (time of delivery) is the sum of time of execution of the Order by the Seller and the time of delivery of products by a carrier. Time of execution of the Order by the Seller counts from when the Order is placed until the dispatch of the consignment with products by the Seller and shall be not more than 5 working days (days from Monday to Friday, excluding holidays). The above time shall be extended by the time of delivery of products by a carrier, which time depends on the form of delivery selected by the Customer and is each time presented in the Order form.

  3. Cost of delivery of products shall be paid by the Customer. The information as to the cost of delivery is each time provided next to the products displayed by the Store, subject to the Seller’s option, with regard to countries and periods chosen at his own discretion, to offer the Customer free-of-charge delivery of products.

  4. Products ordered at the Store are delivered to the Republic of Poland and to selected European Union countries, as well as to selected countries outside the European Union. The Seller may gradually extend the scope of deliveries for other countries. The Store provides the information on delivery restrictions (including countries, to which products are delivered by the Seller).

Article 8.
COMPLAINTS RELATED TO PRODUCTS, WARRANTY FOR DEFECTS

  1. The Seller shall comply with his legal duty to provide the Customer with products without defects.

  2. If the product received by the Customer is defective, then the Customer may claim his rights, from the Seller, under the warranty under the Polish Civil Code.

  3. The Seller shall be liable to the Customer if the products sold have a physical or legal defect (warranty under the Polish Civil Code) as specified within these Terms and Conditions and applicable legal regulations.

  4. If the product sold is defective, then:

    • the Customer may make a statement of price reduction or of contract withdrawal, unless the Seller, without causing delay and excessive difficulties for the Customer, replaces the defective product with defect-free product or removes the defect. Reduced price should be in the same proportion to contractual price as the value of defective product to the value of defect-free product. the Customer shall not withdraw from the contract if the product’s defect is immaterial;

    • the Customer may request to replace the product with a defect-free product or to remove the defect. The Seller shall replace the defective product with a defect-free product or remove the defect in reasonable time, without causing excessive difficulties for the Customer;

    subject to reservations and pursuant to relevant provisions of the Civil Code.

  5. If the Customer is the Consumer, then he may, instead of removal of defect proposed by the Seller, request to replace the product with a defect-free product or, instead of replacing the product, request to remove the defect, unless making the product compliant with the contract in a manner selected by the Consumer is impossible or requires excessive expenses as compared to the manner proposed by the Seller. To assess if the expenses are excessive, one must take into account the value of a defect-free product and the type and materiality of the defect discovered, as well as inconveniences to which the Consumer would be exposed if another solution is selected.

  6. The Customer who exercises his rights under the warranty under the Polish Civil Code shall deliver the defective product to the following address: MarMar Investment Sp. z o.o. with its registered office in Warsaw, street: Słomińskiego 15 nr 509, 00-195 Warsaw.

  7. If the Customer, who is the Consumer, requests that an item be replaced or a defect be removed or if he made a statement of price reduction by specifying the amount by which the price should be reduced, and the Seller has not reacted to such request within 14 days, then the Seller is deemed to find such request justified.

  8. The Seller shall be liable under the warranty under the Polish Civil Code if a physical defect is discovered by no later than 2 years from handing over the item to the Customer. The claim for removal of a defect or for replacement of a product with a defect-free product shall expire after one year starting from when the defect was discovered, however – in case of purchase of a product by the consumer – the expiry period shall not end before the lapse of the term referred to in the first sentence.

  9. The Customer (including the Consumer) may report his claims related to defects of the product, in particular by mail to the following address: MarMar Investment Sp.z o.o. Słomińskiego 15 nr 509, 00-195 Warsaw, or by e-mail to the following address: info@tribitor.com. Where possible, the Customer is requested to attach a proof of purchase of the product (e.g. a receipt or an invoice) to the complaint. In order to speed the processing of your complaint, together with you complaint please provide the reason for your complaint, the Customer’s claim and the Customer’s contact details. Should the complaint not comprise the information necessary to process the complaint, then the Seller shall contact the Customer to obtain it.

  10. If, due to a physical defect of a product, the Customer made a statement of contract withdrawal or of price reduction, the Seller provided a defect-free product as a replacement for a defective product or removed the defect, then the Customer may request to cure the damage that he suffered by concluding the Sales Contract being unaware of the existence of the defect, in particular he may request reimbursement for the costs of concluding the contract, the costs of receipt and transport and storage and insurance of the item and the expenses to such extent as he has not benefited from these expenses, subject to generally applicable provisions of law regarding the duty to cure the damage.

Article 9.
WITHDRAWAL FROM THE CONTRACT

  1. The Consumer shall have the right to withdraw from the Sales Contract for a product, concluded through the Store, within 14 days without giving reasons and without paying any costs other than those prescribed by law.

  2. The Consumer may withdraw from the Contract by providing the Seller with the statement of contract withdrawal. Such statement may be filed using the contract withdrawal form template (the same as the statutory form template referred to in Article 30.1 of the Consumer Rights Act), attached as appendix to these Terms and Conditions.

  3. Should the Consumer file the statement of withdrawal by e-mail, then such statement shall be sent to the e-mail address: info@tribitor.com. Should the Consumer file the statement of withdrawal by mail, then such statement shall be sent to the mail address: MarMar Investment Sp.z o.o., Słomińskiego 15 nr 509, 00-195 Warsaw. The time-limit is deemed complied with if the statement is sent before the time-limit lapses.

  4. In case of the Sales Contract, the 14-days term for withdrawal from the contract starts to run when possession of the product is taken by the Consumer or by a third person specified by him, such third person not being a carrier. If the Sales Contract is for many products which are delivered separately, by instalments or in parts – then since the last item (product) or instalment or part is taken into possession.

  5. Should the distance contract be withdrawn from, then the contract shall be deemed not concluded. The Seller shall, as soon as possible and by no later than 14 days from the receipt of the Consumer’s statement of contract withdrawal, reimburse the Customer with all payments made by the Customer, including with the cost of delivery of products. The Seller shall reimburse the payment using the same payment method as used by the Consumer, unless the Consumer explicitly consented for other payment method which does not entail any costs for him.

  6. The Seller may, under a promotional campaign or an individual offer under separate terms and conditions, offer the Consumer the receipt of products being returned, by the Seller from the Consumer. In other cases the Seller may suspend the reimbursement of payments received from the Consumer until the product is returned or until the proof of sending back the product has been delivered by the Consumer – whichever occurs first.

  7. Where possible, please attach a proof of purchase to the product being returned (e.g. a receipt or an invoice).

  8. If the Consumer chooses a method of delivery of products, which method is different than the cheapest standard method of delivery offered by the Seller, then the Seller shall not be obliged to reimburse the Customer with additional costs paid by the Customer.

  9. The Consumer shall return the product to the Seller, or deliver the product to a person authorised by the Seller to receive the product, as soon as possible and by no later than 14 days from the date when he withdrew from the contract, unless the Seller – under individual conditions – proposes the Consumer to take back products from him. The 14-days time-limit is deemed complied with if the products are sent back before the time-limit lapses. Please pack and secure the products that you return so as to avoid damage during transport.

  10. The products being returned shall be dispatched to the following address: MarMar Investment Sp.z o.o., Słomińskiego 15 nr 509, 00-195 Warsaw.

  11. The Consumer shall only pay direct costs of return of the products, unless the Seller agrees to pay those costs.

  12. The Consumer shall be liable for reduced value of products being returned, if such reduction has been caused by using them in a manner which is excessive as compared to what is typically needed to verify their nature, properties and functioning. The Seller reserves the right to claim damages from the Consumer, to such extent as allowed by generally applicable provisions of law.

  13. With regard to products offered by the Seller, no circumstances exist under which the Consumer loses his right to withdraw from the contract and no situations referred to in Article 38 of the Consumer Rights Act take place.

Article 10.
PERSONAL DATA

  1. Personal data of the Store’s Customers, for the purposes of making the Order, shall be processed pursuant to the Data Protection Act of 29 August 1997 (hereinafter referred to as ”UODO").

  2. The Personal Data Administrator is the Seller, i.e. MarMar Investment Sp. z o.o, with its registered office in Warsaw, street: Słomińskiego nr 15, lok. 509, 00-195 Warsaw, registered with the Register of Entrepreneurs kept by the Warsaw District Court, XII Commercial Department of the National Court Register with KRS number 0000363917, NIP number 7010255076, REGON number 142564847, with share capital of PLN 5.000, e-mail address: info@tribitor.com

  3. The data administrator shall process the Customer’s personal data for the purposes of execution of the Sales Contract and of running the Store and for other purposes for which the Customer consented or which the Customer requested or which result from the contract between the Seller and the Customer (including the Newsletter service). The Customer may also consent to direct marketing by means of telecommunication terminal equipment and automatic calling systems as well as being sent commercial information concerning products or services of the Administrator or Administrator’s partners via e-mai.

  4. The administrator may entrust the processing of the Customers’ personal data with other entities (subcontractors or business partners), in accordance with the Personal Data Protection Act of 29 August 1997. The administrator shall keep a register of persons authorised to process personal data.

  5. Providing personal data by Customers is voluntary. However, without providing the data identified as necessary, orders cannot be submitted and the Sales Contract cannot be executed.

  6. The Store’s Customer may access his data and modify it under the conditions resulting from generally applicable provisions of law, in particular from the personal data protection act.

  7. The data administrator may after prior consent of the Customer pass personal data to Administrator’s partners, including:
    [_____________________________] for product and services marketing of these entities.

AMENDMENTS TO THESE TERMS AND CONDITIONS / FINAL PROVISIONS
Article 11.
AMENDMENTS TO THESE TERMS AND CONDITIONS

  1. These Terms and Conditions shall be effective since 01th April 2017 and shall be available at the Store’s website.

  2. The Seller reserves the right to amend the Terms and Conditions if at least one of the circumstances specified below occurs (exclusive list):

    1. amended laws that regulate the Seller’s delivery of products and provision of services by electronic means, which amendment affects the mutual rights and duties specified in the Sales Contract;

    2. necessity to adapt the Seller’s business to orders, decisions and guidances resulting from:

      • a decision of a public administration body competent for the Seller’s business activity, or

      • a court order that applies to the Seller’s business activity and that affects the mutual rights and duties specified in the Sales Contract;

    3. changed method of providing services by electronic means by the Seller caused exclusively by technical or technological circumstances (in particular by the update of Technical Requirements);

    4. changed scope or rules for providing services by the Seller, to which the Terms and Conditions apply, which change is through the Seller’s launching new, or modification or withdrawal of the existing, functionalities or services covered by the Terms and Conditions and offered to the Consumer;

    5. a business combination or division or transformation of the Seller or a change of any other Seller’s data referred to in Article 1h of the Terms and Conditions.

  3. Amendment of the Terms and Conditions shall not affect the contents and conditions of the Sales Contracts concluded by the Customer.

  4. Should the Terms and Conditions be amended, then the Seller shall make available the consolidated text of the Terms and Conditions by publishing it on the Store’s website and by sending a corresponding message to the e-mail address provided by the Customer.

Article 12.
FINAL PROVISIONS

  1. Governing law for concluding the Sales Contract is the law of the Republic of Poland, and the competent courts are the courts of general jurisdiction of the Republic of Poland, unless mandatory provisions of general law provide otherwise. Any disputes that may arise between the Seller and the Customer (who is not the Consumer) shall be referred to a court competent for the Seller’s registered office.

  2. By selecting the Polish law pursuant to the Terms and Conditions, the Consumer shall not be deprived of protection granted to him by provisions of law that cannot by excluded under a contractual relationship between the Seller and the Consumer, pursuant to the law that – in accordance with applicable regulations – would apply in case if no selection is made.

  3. The Sales Contract is concluded in English.

    These Rules and Regulations are available for the Customers free-of-charge at the following URL address http://tribitor.com/terms-of-use, where the Customers may, at any time, review them and print them out. The Seller is MarMar Investment Sp. z o.o, with its registered office in Warsaw, street: Słomińskiego nr 15, lok. 509, 00-195 Warsaw, registered with the Register of Entrepreneurs kept by the Warsaw District Court, XII Commercial Department of the National Court Register with KRS number 0000363917, NIP number 7010255076, REGON number 142564847, with share capital of PLN 5.000, e-mail address: info@tribitor.com.

  4. Subject to Article 8 of the Terms and Conditions, the products offered by the Seller are not covered by a guarantee or post-sales services.

  5. The Seller has not adhered to the good practices code referred to in Article 2.5 of the Act on combating unfair market practices of 23 August 2007.

  6. The Seller does not provide the Customers with services covered by the remuneration.

  7. The Customer shall not be obliged to make a security deposit or to provide any other financial guarantees.

  8. In no case the subject-matter of the Sales Contract is the digital contents

Article 13.
OPTIONS TO USE THE OUT-OF-COURT METHODS OF PROCESSING COMPLAINTS
AND PURSUING CLAIMS AND RULES FOR ACCESSING TO THESE PROCEDURES

  1. The Consumer may request that a dispute arising under the Sales Contract be settled by a permanent consumer arbitration court referred to in Article 37 of the Commercial Inspection Act of 15 December 2000. Terms and conditions for organisation and operation of permanent consumer arbitration courts have been described in the Minister of Justice’s Regulation of 25 September 2001 on terms and conditions for organisation and operation of permanent consumer arbitration courts.

  2. The Consumer may request a regional inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of 15 December 2000, to start a mediation procedure in order to amicably settle a dispute between the Consumer and the Seller.

  3. The Consumer may also request for the assistance from a local (municipal) consumer ombudsman, whose tasks include, among others, providing free-of-charge consumer advisory services and the legal information on the consumer interests protection and presenting entrepreneurs with cases regarding consumers’ rights and interests protection, or he may contact a non-governmental organisation whose statutory tasks include consumer protection.

APPENDIX 1
TO THE TRIBITOR.COM TERMS AND CONDITIONS OF PURCHASE

  1. Minimum technical requirements:

    1. Processor: x86 1GHz architecture or equivalents in other architectures

    2. Operating memory: 512MB

    3. Monitor and video card: XGA standard compliant, minimum resolution 1024x768 16bit

    4. Hard disk: any compatible with the operating system, plus at least 100MB of free space

    5. Mouse or other manual controller + keyboard

    6. Network card/modem: enabling 512kb/s access to the Internet

  2. Minimum software requirements:

    1. Operating system: Windows 7 or higher, Linux with X.ORG, MacOS 9 and higher

    2. Mobile platforms: Android and iOS, web browser: Chrome (version 22 or higher) or Safari (6.0 or higher)

    3. Cookies and JavaScript enabled

    4. Plugin Flash Player, version 10.0 or higher, required

APPENDIX 2
TO THE TRIBITOR.COM TERMS AND CONDITIONS OF PURCHASE

Model of withdrawal form

(fill in and send back this form only if you want to withdraw from the contract)

  • To [MarMar Investment Sp.z o.o., Słomińskiego 15 nr 509, 00-195 Warsaw, e-mail address: info@tribitor.com]:

  • I/We(1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),

  • Ordered on (1) / received on (1),

  • Name of consumer(s),

  • Address of consumer(s),

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

  • Date

(1) Delete as appropriate.