Terms of service
for Poland and European Union Customers
Note: These Terms and Conditions apply to customers purchasing within Poland and selected European Union countries. Separate terms apply to customers located in the United Kingdom.
§1. General Provisions
1. These Terms and Conditions set out the rules for using the terrmo.com online store, including the rules for concluding sales contracts, as well as the rights and obligations of Customers and the Seller, in relation to sales carried out within the territory of the Republic of Poland and selected countries of the European Union.
2. The online store is operated by TERRMO spółka z ograniczoną odpowiedzialnością, with its registered seat in Wrocław, Plac Solny 15, 50-062 Wrocław, Poland, entered into the register of entrepreneurs of the National Court Register under KRS number 0001141336, VAT ID PL8971945954, REGON 540303113 (hereinafter referred to as the “Seller”).
3. These Terms and Conditions apply to sales conducted within the territory of the Republic of Poland and other Member States of the European Union, unless expressly stated otherwise in a given case.
4. Sales contracts concluded via the Store are distance contracts, concluded in accordance with applicable provisions of Polish law and European Union law, in particular with due regard to consumer protection regulations.
5. These Terms and Conditions are made available free of charge on the Store’s website in a manner that enables their acquisition, reproduction and storage.
6. Placing an order in the Store requires prior ознакомnianie with and acceptance of these Terms and Conditions.
§2. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
1. Store – the online store operated by the Seller under the main domain terrmo.com and any additional domains, including in particular terrmo.pl and terrmo.eu.
2. Seller – TERRMO spółka z ograniczoną odpowiedzialnością with its registered seat in Wrocław, the details of which are specified in §1 section 2 of these Terms and Conditions.
3. Customer – a natural person, a legal person, or an organisational unit without legal personality that is granted legal capacity under applicable law, using the Store or making a purchase therein.
4. Consumer – a Customer who is a natural person making a purchase for purposes not directly related to their business or professional activity.
5. Entrepreneur – a Customer making a purchase in the course of their business or professional activity.
6. Goods – products offered for sale in the Store, including in particular cooling packs as well as insulated bags and backpacks.
7. Sales Contract – a distance contract concluded between the Customer and the Seller via the Store.
8. Order – a declaration of intent submitted by the Customer via the Store, directly aimed at concluding a Sales Contract.
9. Price – a monetary value including VAT, payable to the Seller for the Goods, excluding delivery costs, unless expressly stated otherwise.
10. Business Days – days from Monday to Friday, excluding public holidays observed in Poland.
§3. Rules for Using the Store
1. The Store enables placing Orders 24 hours a day, 7 days a week.
2. In order to use the Store, including to place an Order, the following are required:
a) a device with Internet access,
b) a current web browser,
c) an active e-mail address.
3. Placing Orders in the Store does not require creating a user account.
4. The Customer is obliged to provide truthful, complete and up-to-date data necessary for the fulfilment of the Order.
5. The Customer is prohibited from providing unlawful content and from using the Store in a manner contrary to applicable law, good morals, or infringing the rights of third parties.
6. The Seller reserves the right to temporarily limit the availability of the Store in the event of technical, service or maintenance work.
7. Information presented in the Store, in particular descriptions of Goods and Prices, does not constitute an offer within the meaning of the Civil Code, but merely an invitation to conclude a contract.
8. The Seller reserves the right to refuse to fulfil an Order prior to the conclusion of the Sales Contract.
§4. Placing Orders and Conclusion of the Sales Contract
1. The Customer places an Order by selecting the Goods available in the Store, adding them to the shopping cart and completing the Order form.
2. Placing an Order does not require creating a Customer Account, unless the functionality of the Store provides otherwise.
3. When placing an Order, the Customer selects the delivery method and the form of payment from the options available in the Store.
4. Before placing an Order, the Customer is each time informed of the total price, including the Price of the Goods and delivery costs, if applicable.
5. Placing an Order constitutes the Customer’s offer to conclude a Sales Contract.
6. The Sales Contract is concluded at the moment the Seller confirms acceptance of the Order for fulfilment, by sending a message electronically to the e-mail address provided by the Customer.
7. After the Sales Contract has been concluded, the Seller provides the Customer with confirmation of the conclusion of the Sales Contract together with its terms on a durable medium.
8. In the case of electronic payments, fulfilment of the Order begins after the payment has been credited to the Seller’s account or after receipt of payment authorisation confirmation.
9. The Seller reserves the right to cancel the Order before accepting it for fulfilment, in particular in the event of unavailability of the Goods, errors in the Order or other technical obstacles. In such a case, any payments received shall be promptly refunded to the Customer.
10. The Customer may make a purchase as an entrepreneur by providing company details and a VAT identification number (NIP) when placing the Order. Based on the provided data, the Seller issues a sales document in accordance with applicable laws.
§5. Prices and Payments
1. All Prices of the Goods presented in the Store are gross prices and include VAT, unless expressly stated otherwise.
2. The Prices of the Goods do not include delivery costs, which are presented to the Customer separately during the Order placement process.
3. The Price binding for the Customer is the Price displayed in the Store at the time the Order is placed.
4. The Seller reserves the right to change Prices of the Goods, introduce new Goods and conduct promotional campaigns. Such changes do not affect Orders placed prior to their entry into force.
5. The Customer may pay for the Order using the electronic payment methods available in the Store, including payment cards, mobile payments and online transfers, as well as – if enabled by the Store – bank transfer.
6. The available payment methods are presented to the Customer each time during the Order placement process.
7. Electronic payments are processed via external payment service providers. The Seller does not store Customers’ payment card details.
8. The Customer is charged at the time of placing the Order or at the time of its confirmation, depending on the selected payment method.
9. In the event the Customer selects payment by bank transfer, the Customer is obliged to make the payment within the timeframe indicated in the Store. Failure to make payment within this timeframe may result in cancellation of the Order.
10. Where a refund is required, the Seller shall refund the funds using the same payment method used by the Customer, unless applicable law provides otherwise.
11. The Seller reserves the right to refuse to fulfil the Order if payment is not received.
§6. Fulfilment of Orders and Delivery
1. The Seller fulfils Orders within the territory of the Republic of Poland and selected countries of the European Union, as indicated in the Store.
2. Detailed information regarding available delivery methods, delivery costs and estimated Order fulfilment times is presented in the Store and on a separate delivery information page.
3. The Order fulfilment period is calculated from the moment the Sales Contract is concluded, and in the case of prepayment – from the moment the payment is credited.
4. The Seller shall exercise due diligence to ensure that the Order is fulfilled within the timeframe indicated in the Store. Fulfilment times are of an indicative nature.
5. Delivery of the Goods is carried out via logistics operators selected by the Seller, to the address provided by the Customer when placing the Order.
6. The Customer is obliged to provide correct and complete data necessary for delivery. The Seller shall not be liable for delays or failure of delivery resulting from incorrect data provided by the Customer.
7. In the event that delivery of the shipment is not possible for reasons attributable to the Customer, the Seller may contact the Customer in order to determine a further method of Order fulfilment.
8. The risk of accidental loss or damage to the Goods passes to the Customer upon delivery of the Goods to the Customer or to a third party indicated by the Customer.
9. The Customer should inspect the shipment upon receipt. In the event of damage, it is recommended to prepare a damage report with the carrier.
10. The Seller reserves the right to change the logistics operator or the method of delivery, provided that this does not adversely affect the Order fulfilment time or the Customer’s rights.
§7. Right of Withdrawal from the Contract
1. A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from a distance Sales Contract without giving any reason within 30 days from the day on which the Customer or a third party designated by the Customer, other than the carrier, takes possession of the Goods.
2. The withdrawal period shall commence:
a) in the case of a Contract under which the Seller delivers the Goods – from the day the Goods are taken into possession,
b) in the case of a Contract covering multiple Goods delivered separately, in batches or in parts – from the day the last Good, batch or part is taken into possession.
3. In order to exercise the right of withdrawal, the Customer shall submit a clear statement of withdrawal to the Seller. The withdrawal statement may be submitted in electronic form, in particular by sending an e-mail to support@terrmo.com, or via the functionalities available in the Store. The Customer may use the model withdrawal form provided by the Seller, however this is not mandatory. To meet the deadline, it is sufficient to send the withdrawal statement before the expiry of the withdrawal period..
4. In the event of withdrawal from the Contract, the Contract shall be deemed not concluded and the Parties shall be obliged to return the mutual performances.
5. The Customer shall return the Goods without undue delay, but no later than within 14 days from the day on which the Customer withdrew from the Contract. The deadline is met if the Goods are sent back before the expiry of this period.
6. The Customer shall bear the direct costs of returning the Goods, unless the Seller has expressly agreed to bear such costs or failed to inform the Customer of the obligation to bear them.
7. The Seller shall refund all payments received from the Customer, including the costs of delivery of the Goods to the Customer (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), no later than within 14 days from the day of receipt of the withdrawal statement. The Seller may withhold the refund until the Goods are received back or until the Customer provides proof of having sent back the Goods, whichever occurs first.
8. The refund shall be made using the same payment method used by the Customer, unless the Customer expressly agrees to a different method that does not incur any additional costs for the Customer.
9. The Customer shall be liable for any reduction in the value of the Goods resulting from use of the Goods in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Goods.
10. In the case of Goods requiring preparation for use by the Customer (e.g. ICE PRO™ cooling packs), actions such as adding water, activation or other activities necessary to put the product into use shall be deemed use of the Goods exceeding what is necessary to establish their nature, characteristics and functioning. In such cases, the Seller is entitled to proportionally reduce the refund amount according to the degree of loss of value of the Goods, and in justified cases – to refuse a refund.
11. In order to ensure an efficient withdrawal procedure, the Customer should provide data enabling identification of the Order, in particular the Order number or buyer details.
12. The right of withdrawal from the Contract shall not apply in the cases specified in Article 38 of the Polish Consumer Rights Act, in particular in relation to contracts:
a) for the provision of services, if the Seller has fully performed the service with the express consent of the Customer,
b) where the subject of the performance is non-prefabricated Goods manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs,
c) where the subject of the performance is Goods that deteriorate rapidly or have a short shelf life,
d) where the subject of the performance is Goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery.
§8. Complaints (Lack of Conformity of the Goods with the Contract)
1. The Seller is obliged to deliver Goods that are in conformity with the Sales Contract.
2. In the event that the Goods are found to be non-conforming with the Contract, the Customer has the right to submit a complaint.
3. A complaint may be submitted electronically to the Seller’s e-mail address or in writing to the Seller’s registered office address indicated in these Terms and Conditions.
4. The complaint should include at least:
a) data enabling identification of the Customer and the Order,
b) a description of the identified non-conformity of the Goods with the Contract,
c) the date on which the non-conformity was discovered,
d) the Customer’s request related to the complaint.
5. The Seller shall examine the complaint within 14 days from the date of its receipt. Failure to respond within this period shall be deemed acceptance of the complaint.
6. In the event the complaint is accepted, the Seller shall bear the costs related to returning the Goods by the Customer and fulfilling the justified complaint request, in accordance with applicable law.
7. In the event the complaint is not accepted, the Goods may be returned to the Customer at the Customer’s expense.
8. A complaint regarding non-conformity of the Goods with the Contract is independent of the right of withdrawal from the Contract referred to in §7 of these Terms and Conditions.
9. The Seller’s liability for lack of conformity of the Goods with the Contract shall be determined in accordance with generally applicable law, in particular the Polish Consumer Rights Act.
§9. Personal Data
1. The Seller is the controller of the Customers’ personal data.
2. Customers’ personal data are processed for the purpose of:
a) fulfilling Orders and Sales Contracts,
b) providing electronic services via the Store,
c) fulfilling legal obligations incumbent on the Seller,
d) operating and maintaining the Store,
e) other purposes compliant with applicable law, including those specified in the Privacy Policy.
3. Customers’ personal data may be transferred to third parties only to the extent necessary to achieve the purposes referred to in section 2, in particular to entities handling payments, deliveries, IT systems, as well as analytical and marketing tools – in accordance with applicable law.
4. Providing personal data is voluntary; however, it is necessary in order to conclude a Sales Contract or to use certain functionalities of the Store.
5. Personal data are processed in accordance with applicable law, in particular Regulation (EU) 2016/679 (GDPR).
6. The Store uses cookies in accordance with applicable law. Detailed information regarding the use of cookies is included in the Privacy Policy.
7. Detailed information regarding the rules for processing personal data, including the rights available to Customers, is contained in the Privacy Policy available on the Store’s website.
§10. Final Provisions
1. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, subject to mandatory provisions of law applicable to the Consumer under European Union law or the law of the Consumer’s habitual residence.
2. The Seller shall not be liable for non-performance or improper performance of the Contract caused by force majeure, understood as an external event that could not be foreseen or prevented, in particular natural disasters, wars, riots, strikes, epidemics, infrastructure failures, actions of public authorities or interruptions in the functioning of telecommunication or IT systems beyond the Seller’s control.
3. These Terms and Conditions are available free of charge on the Store’s website in a form that allows their acquisition, reproduction and recording.
4. The Seller reserves the right to amend these Terms and Conditions for valid reasons, in particular in the event of changes in applicable law, changes in payment or delivery methods, expansion or modification of the Store’s offer, or technological or organisational changes. Amendments shall not affect rights acquired by Customers and shall apply to Orders placed after the amended Terms and Conditions enter into force.
5. In the event of any discrepancies between language versions of these Terms and Conditions, the Polish-language version shall prevail.
§11. Contact
In matters related to the operation of the Store, fulfilment of Orders, these Terms and Conditions, complaints, withdrawal from the Contract or any other issues related to Contracts concluded via the Store, the Customer may contact the Seller:
TERRMO sp. z o.o.
a) e-mail address: support@terrmo.com
b) by post to the address:
Plac Solny 15
50-062 Wrocław
Poland
c) by phone: +48 782 752 814 (we speak in English and Polish)