TERMS AND CONDITIONS OF THE tierescents.com ONLINE STORE AND WEBSITE

(hereinafter referred to as the “Terms and Conditions”)

§ 1. GENERAL PROVISIONS

1. The tierescents.com website and the Tiere online store operating through it are run by the Seller: EMOSSA spółka z ograniczoną odpowiedzialnością, with its registered office in Marysin (KRS: 0001243874, NIP: 1231605175, REGON: 54486721000000, BDO: 000742211), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register. The Company’s share capital is PLN 5,000.00; registered office address: ul. Góralska 10, 05-552 Marysin; electronic delivery address: AE:PL-45360-14660-FEWBC-27.

2. The online store operating at tierescents.com sells goods on the terms set out in these Terms and Conditions. In particular, these Terms and Conditions specify how contracts are concluded and performed by the Seller, the rights and obligations of Customers, and the rules for providing electronic services through the Tiere online store. Acceptance of these Terms and Conditions is required to place an order successfully or register an account in the online store.

3. All data, product descriptions and information presented in the Tiere store do not constitute an offer within the meaning of Article 66 § 1 of the Polish Civil Code of 23 April 1964 (consolidated text: Journal of Laws of 2025, item 1071, as amended; hereinafter the “Civil Code”), but are merely an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.

4. Matters not regulated by these Terms and Conditions shall be governed by:
a) the Act of 18 July 2002 on the Provision of Electronic Services;
b) the Act of 30 May 2014 on Consumer Rights;
c) the Act of 23 September 2016 on Out-of-Court Consumer Dispute Resolution;
d) the Civil Code Act of 23 April 1964;
e) other applicable provisions of Polish law.

§ 2. DEFINITIONS USED IN THESE TERMS AND CONDITIONS

1. TERMS AND CONDITIONS – these Terms and Conditions of the Tiere store, prepared and adopted by EMOSSA spółka z ograniczoną odpowiedzialnością, with its registered office in Marysin (KRS: 0001243874, NIP: 1231605175, REGON: 54486721000000);

2. TIERE STORE – the online store operating at tierescents.com;

3. SELLER – EMOSSA spółka z ograniczoną odpowiedzialnością, with its registered office in Marysin (KRS: 0001243874, NIP: 1231605175, REGON: 54486721000000, BDO: 000742211), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register. The Company’s share capital is PLN 5,000.00; registered office address: ul. Góralska 10, 05-552 Marysin; electronic delivery address: AE:PL-45360-14660-FEWBC-27; telephone: +48 886 941 665; email: [email protected]; bank account held with Erste Bank Polska Spółka Akcyjna: 11 1090 2590 0000 0001 6729 9773;

4. PRICE – the monetary amount expressed in Polish zloty that the Customer is obliged to pay the Seller for the goods in the shopping cart;

5. CUSTOMER – a person or entity, whether a consumer or an entrepreneur, who has accepted these Terms and Conditions when placing an order in the Tiere store or registering an account in the Tiere store;

6. CONSUMER – a natural person with full legal capacity who purchases goods from the Seller or uses electronic services for purposes not directly related to their business or professional activity;

7. ACCOUNT – an individual set of resources in the Seller’s IT system, made available to the Customer following voluntary registration and the simultaneous conclusion of an electronic services agreement. The system stores the Customer’s data required to process orders and provide services covered by these Terms and Conditions, including order history, and enables technical operations such as changing personal details, login credentials and passwords;

8. SHOPPING CART – a list of goods selected by the Customer in the Tiere store that may be converted into an order;

9. ENTREPRENEUR – a natural person, legal person or organisational unit without legal personality but with legal capacity, conducting business or professional activity in its own name and purchasing goods from the Seller for purposes directly related to that activity;

10. REVIEW SYSTEM – an electronic database maintained by the Seller containing information about goods submitted by Customers after completion of a sales contract;

11. GOODS – an individual movable item (or a set of such items) that may be the subject of a contract between the Customer and the Seller through the Tiere store, with its Price and physical specifications stated on the relevant product page in the Tiere store;

12. SALES CONTRACT – a contract concluded between the Customer and the Seller after the Seller accepts the order, outside business premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) in the case of Consumers, or a sales contract within the meaning of Article 535 of the Civil Code in the case of Entrepreneurs;

13. ORDER – a declaration of intent submitted electronically by the Customer to the Seller, constituting an offer to conclude a Sales Contract and containing at least:
a) the type of Goods;
b) the quantity of Goods;
c) the delivery method;
d) the payment method;
e) the place of delivery of the Goods;
f) the Customer’s details.

§ 3. ELECTRONIC SERVICES AND USE OF THE ONLINE STORE

1. The tierescents.com website enables the use of electronic services within the Tiere store under these Terms and Conditions, including the ability to:
a) conclude Sales Contracts for the Seller’s Goods;
b) create and use a free account in the Tiere store;
c) submit information to the free Review System.

2. To use electronic services in the Tiere store correctly, the Customer must have:
a) a computer (or mobile device) with Internet access (operating system: at least Windows 10 or later, macOS X 10.5 or later, Android 10+ or equivalent, iOS 13+ or equivalent, and a minimum Internet connection speed of 1 Mbps);
b) access to email;
c) an up-to-date web browser (at least one of the following widely available browsers: Google Chrome, Mozilla Firefox, Safari or Microsoft Edge);
d) cookies and JavaScript enabled in the browser.

3. For security reasons and where repairs or maintenance are necessary, the Seller reserves the right to block or temporarily suspend access to the Tiere store. Where technically possible, advance notice will be posted on tierescents.com.

4. Creating an account is voluntary. However, the Customer must use the Tiere store in accordance with the law and accepted standards of conduct at all times, respecting the personal rights and intellectual property rights of the Seller and third parties.

5. To create a fully functional account in the Tiere store, the Customer must provide:
a) first name and surname and, for an Entrepreneur, their business name;
b) residential or registered office address (including street, town, postal code and country);
c) delivery address (including street, town, postal code and country), if different from the address in point (b);
d) NIP tax identification number, for an Entrepreneur;
e) an active contact email address;
f) an active mobile telephone number;
g) a unique account password.

6. The duration of the Customer’s use of electronic services varies depending on the service:
1. for the service enabling orders to be placed in the Tiere store, the agreement is concluded for a fixed term and ends when the Customer places an order or abandons the ordering process;
2. for the use of an account in the Tiere store, the agreement is concluded for an indefinite period from the date of account registration;
3. for the use of the Review System, the agreement is concluded for a fixed term and ends when the review/information is posted or the Customer stops using the service.

7. The Seller may allow Customers to voluntarily submit free reviews of purchased Goods through the Tiere store (the Review System). Only Goods purchased by that Customer in the Tiere store may be reviewed. The Seller verifies whether a review comes from a Customer who purchased the relevant Goods by comparing the review with the order history in the Tiere store. The Seller reserves the right not to publish a review that does not relate exclusively to Goods purchased in the Tiere store. Once submitted, a Customer’s review will be published and made generally available in the Review System to all users of the Tiere store website.

8. Complaints concerning electronic services provided through the Tiere store may be submitted by email to [email protected].

9. The email referred to in paragraph 8 should contain as much information as possible about the complaint, in particular the type and date of the irregularity and the Customer’s contact details. This information will significantly facilitate and expedite the Seller’s review of the complaint.

10. The Seller will review a complaint without undue delay and no later than 14 days after receiving it. The response will be sent to the Customer’s email address provided in the complaint or by another means indicated by the Customer when submitting or during the handling of the complaint.

11. An agreement for electronic services provided by the Seller (i.e. maintaining a Customer account or allowing submissions to the Review System) may be terminated as follows:
a) the Customer may terminate the agreement with immediate effect and without giving reasons by sending a statement to [email protected];
b) the Seller may terminate the agreement if the Customer breaches these Terms and Conditions, in particular by providing unlawful content, after an unsuccessful prior request to cease the breach within a specified reasonable period. In such a case, the agreement ends 14 days after the notice of termination is given (notice period);
c) the Customer and Seller may terminate the agreement at any time by mutual consent.

§ 4. SALES CONTRACT

1. A Sales Contract between the Seller and the Customer is concluded through the Tiere store after completion of the following steps in order:
a) the Customer places an Order exclusively electronically using the designated form in the Tiere store, after adding all available Goods intended to be covered by the Sales Contract to the Shopping Cart, specifying the delivery method and destination, accepting these Terms and Conditions (unless already accepted during account registration), and completing the selected payment method;
b) in response to the Order, the Seller promptly sends an automatic confirmation of receipt to the email address provided by the Customer;
c) after the Order has been placed and verified, the Seller either promptly accepts it, thereby concluding a Sales Contract for the Goods specified in the Order (including the quantity and type of Goods, their availability, payment method and shipping or collection method), or informs the Customer that not all offers for Goods included in the Order can be accepted due to unavailability or the Customer’s failure to make payment.

2. The Sales Contract takes effect (i.e. is concluded) when the Seller accepts the Order as described in paragraph 1(c). If the Seller cannot accept all or some of the offers included in the Order, the Customer may choose either to proceed with part of the Order, in which case the Sales Contract is concluded only for that part, or to cancel the entire Order. This does not affect the right to withdraw from a distance contract.

3. If an offer included in the Order cannot be accepted, no Sales Contract is concluded for the Goods specified by the Seller, and the Seller shall promptly, and no later than within 14 days, refund any payments made by the Customer to the extent that the Sales Contract was not concluded.

4. In accordance with applicable law, the Seller will issue the required proof of purchase (i.e. a fiscal receipt or VAT invoice) for the Sales Contract, which will be enclosed with the Goods or sent electronically to the Customer’s email address provided in the Order.

5. Depending on Goods availability, the Seller reserves the right to introduce restrictions on the quantity or manner of ordering all or some Goods. If a Sales Contract or Order cannot be fulfilled, the relevant provisions of the Civil Code, including Articles 493–495, may apply, particularly regarding the obligation to promptly return payments to the Consumer.

6. The total Order value includes the Price, shipping costs and any other charges for optional additional paid services selected by the Customer (e.g. gift wrapping). The Seller reserves the right to set a minimum Order value above which certain delivery methods are free of charge.

7. The Seller reserves the right to introduce price promotions and promotional campaigns in the Tiere store. These offers cannot be combined with other promotions unless the terms of a particular promotion expressly provide otherwise.

§ 5. PAYMENTS

1. The Seller makes the following payment methods available for Orders in the Tiere store:
a) payment through the electronic payment system (TPay.pl).

2. When using an electronic payment system, the Customer pays before the Order is processed. The electronic payment system enables payment by debit or credit card, BLIK code, instant bank transfer from selected Polish and foreign banks, and other payment methods expressly offered by the electronic payment system at the time of ordering. Due to technical limitations of electronic payment service providers, the Seller reserves the right to temporarily restrict the availability of these payment methods.

3. Goods will be dispatched under the Sales Contract only after the Order has been paid for. If payment is not made within 72 hours of placing the Order, the Seller reserves the right to withdraw from the Sales Contract.

§ 6. DELIVERY OF GOODS

1. The Seller delivers Goods exclusively within the territory of the Republic of Poland. Delivery costs payable by the Customer are determined during checkout and depend on the selected payment and delivery methods. The delivery period consists of the time required to prepare the Goods and the time required for delivery by an external carrier.

2. Preparation of the Goods covered by the Sales Contract takes up to 3 business days from:
a) the date on which payment under the Sales Contract is credited to the Seller’s bank account;
b) successful authorisation of the transaction by the external provider’s electronic payment system.

3. The Seller offers delivery through DPD (including courier delivery, parcel lockers and delivery to partner collection points, such as Żabka stores or selected petrol stations, as specified when choosing the delivery method at checkout) or delivery to an InPost Paczkomat parcel locker. Delivery by an external carrier takes place within the period declared by that carrier, on business days only, excluding Saturdays, Sundays and public holidays, unless the carrier provides otherwise. The Seller reserves the right to temporarily suspend or change the availability of the above carrier’s services.

§ 7. COMPLAINTS ABOUT GOODS AND DISPUTE RESOLUTION

1. A Customer who is a Consumer has the right to submit a complaint within two years from the date on which the Seller delivered the relevant Goods. At the Consumer’s choice, complaints may be submitted by email to [email protected], by telephone on +48 886 941 665, or by post to: EMOSSA sp. z o.o., ul. Szmaragdowa 1, 55-200 Oława.

2. The Seller will respond to a Consumer’s complaint within 14 days and inform the Consumer of the outcome and the next steps.

3. If necessary for the proper handling of the complaint, the Consumer should deliver the Goods concerned, together with a description of the complaint, at the Seller’s expense, to: EMOSSA sp. z o.o., ul. Szmaragdowa 1, 55-200 Oława. The Consumer may return the Goods using the same carrier that delivered the Order from the Seller. The Seller will reimburse the cost of delivering the Goods in connection with a complaint under the statutory warranty.

4. If a Consumer’s complaint is upheld, the Seller will promptly replace the defective Goods with Goods free from defects or remedy the defect. This does not affect the Consumer’s ability to request a price reduction or withdraw from the contract in accordance with applicable law. If replacement, repair or price reduction is not possible, the Seller will promptly refund the amount due in accordance with applicable law.

5. The Seller informs Consumers that they may also use out-of-court complaint handling and redress procedures. A Consumer may submit a dispute to a Permanent Consumer Arbitration Court of their choice, provided that both parties agree to arbitration. Consumers may also obtain free assistance in resolving a dispute with the Seller from the competent district (municipal) consumer ombudsman or a social organisation whose statutory activities include consumer protection (including the Consumer Federation and the Association of Polish Consumers). Detailed information on out-of-court dispute resolution and redress is available at www.uokik.gov.pl.

6. The Customer may also submit complaints concerning electronic services during the ordering process or when creating or using an account, within 30 days of discovering the relevant non-compliance with the contract. Such complaints are submitted as specified in paragraph 1 above and will be reviewed within 14 days.

§ 8. WITHDRAWAL FROM A DISTANCE CONTRACT

1. A Customer who is a Consumer and has concluded a Sales Contract at a distance may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from taking possession of the purchased Goods. To meet this deadline, it is sufficient for the Consumer to send the Seller a notice of withdrawal before the deadline expires. The Consumer may make any unequivocal statement informing the Seller of their withdrawal from the Sales Contract. The Consumer may also use the model withdrawal statement prepared by the Seller and made available in the Tiere store.

2. A notice of withdrawal from the Sales Contract may be submitted, for example:
a) in writing to: EMOSSA sp. z o.o., ul. Szmaragdowa 1, 55-200 Oława;
b) electronically to: [email protected];
c) by telephone on: +48 886941 665.

3. The withdrawal period referred to in paragraph 1 begins on the day the Goods are taken into possession by the Consumer or a third party designated by the Consumer other than the carrier (e.g. an authorised representative). For a Sales Contract covering multiple Goods delivered separately, in batches or in parts, the period begins when the last item, batch or part is taken into possession.

4. The Consumer must return the Goods to the Seller without undue delay and no later than 14 days from the date of withdrawal from the Sales Contract. The deadline is met if the Goods are sent back before it expires. The Consumer may return the Goods to: EMOSSA sp. z o.o., ul. Szmaragdowa 1, 55-200 Oława. The Consumer should package the returned Goods so that they are not damaged in transit.

5. Where withdrawal from a distance contract is effective, the contract is deemed not to have been concluded. The Seller must promptly, and no later than 14 days after receiving the Consumer’s notice of withdrawal, refund all payments made by the Consumer, including the cost of delivering the Goods (except additional costs arising from the Consumer’s choice of a delivery method other than the least expensive standard delivery method available in the Tiere store). The Seller may withhold the refund until the returned Goods have been received.

6. Where the Consumer exercises the statutory right of withdrawal referred to in paragraph 1, the Seller will refund payments using the same payment method used by the Consumer, unless the Consumer expressly agrees to another refund method that does not incur any costs for them.

7. Where the Consumer exercises the statutory right of withdrawal referred to in paragraph 1, the Consumer is liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning, or from improper care or packaging of the Goods when returning them to the Seller. This liability may include, in particular, the inability to resell the Goods as full-value products, the cost of reattaching labels and protective elements, and the cost of restoring the Goods to a condition allowing them to be offered for sale again in the Tiere store, including specialist examination and remedying defects identified during such examination (to the extent that those defects result from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods).

8. The Seller states that this statutory right of withdrawal does not apply to a Consumer where:
a) the deadline for withdrawal has passed;
b) the Sales Contract concerns non-prefabricated Goods manufactured to the Consumer’s specifications or intended to meet their individual needs;
c) the Sales Contract concerns Goods supplied in sealed packaging which, once opened after delivery, cannot be returned for health protection and/or hygiene reasons.

§ 9. APPLICATION OF THE TERMS AND CONDITIONS TO ENTREPRENEURS

1. The provisions of this section concern and apply exclusively to Customers who are Entrepreneurs.

2. Upon the Seller handing over the Goods to an external carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage, pass to the Entrepreneur. In such a case, the Seller is not liable for loss, shortage or damage to the Goods occurring between their acceptance for carriage and their delivery to the Entrepreneur, or for delays caused by the external carrier.

3. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for Goods sold to an Entrepreneur is excluded.

4. Neither the Seller nor its employees, authorised representatives or agents shall be liable to the Entrepreneur or the Entrepreneur’s subcontractors, employees, authorised representatives and/or agents for any damage, including loss of profits, unless such damage was caused intentionally.

5. Whenever the liability of the Seller, its employees, authorised representatives and/or agents is established, that liability towards the Entrepreneur, regardless of its legal basis, is limited, both for an individual claim and for all claims in aggregate, to the Price paid and delivery costs under the completed Sales Contract, but not exceeding PLN 2,000.

6. Any disputes arising between the Seller and an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.

§ 10. PERSONAL DATA PROTECTION

1. The controller of personal data obtained from the Customer in connection with placing and fulfilling an Order or Sales Contract, to the extent necessary for the Seller to perform those activities, is EMOSSA spółka z ograniczoną odpowiedzialnością, with its registered office in Marysin (KRS: 0001243874, NIP: 1231605175, REGON: 54486721000000, BDO: 000742211), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register. The Company’s share capital is PLN 5,000.00; registered office address: ul. Góralska 10, 05-552 Marysin; electronic delivery address: AE:PL-45360-14660-FEWBC-27.

2. The Seller’s employees and entities affiliated with the Seller, or entities handling Orders, performance of contracts, complaint verification, payment processing, delivery and the Seller’s accounting on its behalf and instructions for legal and tax purposes, are authorised to process personal data on the Seller’s behalf.

3. The Seller declares that it protects Customers’ personal data in accordance with generally applicable personal data protection laws, in particular 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 (General Data Protection Regulation, GDPR), hereinafter referred to as the “Regulation”.

4. The Seller protects Customers’ personal data against access by unauthorised third parties and against loss or damage.

5. By placing an Order or registering an account, the Customer consents to the inclusion of their personal data in the Seller’s database and its processing for statistical and analytical purposes, Order and Sales Contract fulfilment, complaint handling, and accounting and tax documentation. The data will be processed pursuant to Article 6(1)(a), (b), (c) and (f) of the Regulation. The data is recorded and stored electronically on secure servers operated by the Seller’s Internet service provider, protected by login credentials and a password in the administration panel, on servers inaccessible to unauthorised persons, and processed for the purpose of performing the contract.

6. When placing an Order, concluding a Sales Contract or registering an account, the Customer voluntarily provides the personal data required by the Seller in the order or registration form and consents to its processing for the performance of Orders and contracts referred to in these Terms and Conditions, pursuing claims related to payment for and performance of the Sales Contract, complaint proceedings, and accounting and tax documentation. The Customer may also provide additional consent to the processing of their personal data to receive information about new Goods, promotions and services available in the Tiere store, as well as for the Review System. Failure to provide personal data during account registration may prevent the use of certain features of the Tiere store.

7. The Customer’s personal data will be processed for the period necessary to fulfil the Order, perform the contract, pursue claims by either party and conduct complaint proceedings, as well as for the period required for tax and accounting records. The processing period shall not exceed 7 years from the date the data is provided.

8. The Customer has the right to access their personal data being processed, correct, rectify, supplement or amend it, and request its erasure or restriction of processing by the Seller.

9. The Customer has the right to withdraw consent to the processing of their personal data at any time, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.

10. The Seller declares that it does not disclose the Customer’s personal data or other data related to the conclusion of the final Sales Contract or electronic services to third parties, except as provided in these Terms and Conditions.

11. The Seller declares that it uses cookies to operate the tierescents.com website. Cookies may be installed on the Customer’s device with their express consent. Detailed information about the Seller’s use of cookies is provided in the Privacy Policy available on the Tiere store website.

§ 11. FINAL PROVISIONS

1. These Terms and Conditions, in this version, enter into force on 1 September 2026.

2. If any part of these Terms and Conditions is inconsistent with applicable law, the challenged provision shall be replaced by the relevant provisions of Polish law appropriate to the purpose of the regulation.

3. Unless mandatory provisions of law provide otherwise, Polish law shall govern all disputes arising under these Terms and Conditions. Where mandatory provisions of the law of the Customer’s country of habitual residence provide more favourable conditions for the Customer than Polish law or these Terms and Conditions, the relevant provisions of the law of the Customer’s country of habitual residence shall apply.

4. All rights to the Tiere store and its content, regardless of how they are recorded, including in particular economic copyrights, intellectual property rights to its name and Internet domain, as well as forms, technical descriptions of Goods, logos, trademarks, text, graphics, photographs and other materials published in the Tiere store, belong to the Seller. The Customer and third parties may use them only in accordance with these Terms and Conditions. Copying, reproducing, modifying, duplicating or distributing any part of the Tiere store or its elements, including descriptions of Goods, without the Seller’s prior written consent is prohibited, except where expressly permitted by applicable law or these Terms and Conditions. The Seller may take action, including legal proceedings, to protect its interests and those of its Customers.

5. The Seller reserves the right to amend these Terms and Conditions at any time without stating a reason. Amendments take effect 14 days after publication on the store’s website and do not affect the rights of persons who concluded Sales Contracts before the amendments entered into force. Customers with store accounts will be informed of amendments by email and when they first log in after the new version takes effect. Customers who do not accept the amended Terms and Conditions may delete their account at any time, thereby terminating the electronic services agreement.