Terms and conditions

DEFINITIONS

1. INTRODUCTION
   1. The Terms of Use prescribes the general terms of use of the Website—an online store enabling the purchase of Tyxo’s Products, Application that allows acquisition of the dimensions of the User and use of the Newsletter service.
      
      
   2. The Terms of Use are provided to each User on the website free of charge prior to conclusion of the Agreement, as well as—upon his/her request—in a manner which enables him/her to obtain, copy and record the content of the Terms of Use by means of a teleinformatic system used by the User.
      
      
   3. The User may only use the Services upon becoming acquainted with and accepting the Terms of Use and the Privacy Policy. If the User fails to accept the Terms of Use or the Privacy Policy, he/she may not use the Services. In the case of a User who is not a consumer, it is deemed that upon starting to use the Services, he/she accepted the Terms of Use and the Privacy Policy without reservations.
      
      
   4. The Terms of Use is supplemented by the Privacy Policy, available here https://tyxo.pl/en/page/privacy-policy.
      
      
2. GENERAL TERMS OF SERVICE
   1. In order to use the Services and the functionalities of the Website, subject to clause 2.2 below, the User has to meet the following minimum technical requirements: (a) a device with the Internet access, (b) an active e-mail account; (c) an installed latest version of one of the following online browsers: FireFox, Opera, Edge, Chrome, Safari.
      
      
   2. In order to enjoy the functionalities of the Application, the User must satisfy the following minimum technical requirements: (a) a device with the Internet access which enables installation of the Application and the correct display of its interface.
      
      
   3. The Application may be downloaded by the User through the online stores AppStore (for the iOS system) or Google Play (for the Android system).
      
      
   4. Using the Website is free of charge, except for possible costs of data transmission resulting from agreements with telecommunication operators concluded by the User or filing an Order.
      
      
   5. It is not allowed to provide unlawful content as part of the Services or the Website in a manner contrary to the provisions of the Terms of Use, applicable legal provisions, good practices and rules of social co-existence.
      
      
   6. The Website and its elements, including design and content, are protected by copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of Tyxo. In particular, the User is not allowed under the Terms of Use to reproduce, disseminate, lend, dispose of or otherwise redistribute the Website elements, directly or indirectly, whether against charge or free of charge, otherwise than through Tyxo.
      
      
3. USERS
   1. Subject to the provisions below, natural persons who have attained the age of 18 and enjoy full capacity to perform acts in law may be Users.
      
      
   2. If the User is between the age of 16 and 18, he/she may use the Services in a scope in which he/she may assume rights and incur obligations in accordance with the legal provisions applicable to the User. If the legal provisions applicable to the User require that he/she may use the Services only upon his/her legal custodian’s consent, upon conclusion of the Agreement, at the latest, such legal custodian must give his/her consent to such conclusion and the use of the Services by the minor User.
      
      
   3. The legal custodian of the User between the age of 16 and 18 is obliged, upon each request of Tyxo, to present the consent to conclude the Agreement and use the Services.
      
      
4. ACCOUNT
   1. Within the frames of the Website functionalities the User may set up an Account. For this purpose, he/she undergoes the registration procedure using the Website functionalities. Upon registration of the Account, an agreement is concluded between Tyxo and the User, insofar as the User meets the requirements prescribed in clause 3 of the Terms of Use.
      
      
   2. The use of the Account is free-of-charge.
      
      
   3. The User may delete his/her Account at any time without providing reason by sending a relevant request at the e-mail address biuro@tyxo.pl or by using relevant functionalities of the Website.
      
      
   4. The User is responsible for any actions undertaken through the Account, unless the relevant Account has been illegally hacked. The User may not share the Account with third persons and is responsible for keeping his/her login and password confidential.
      
      
   5. If the User notices an unauthorized use of his/her Account, then he/she is obliged to immediately notify Tyxo on this.
      
      
5. APPLICATION
   1. In order to use Tyxo services in the field of automated acquisition of dimensions, the User may download the Application.
      
      
   2. The Application aims at analysing and obtaining the exact dimensions of the User on the basis of photos taken by him.
      
      
   3. As part of the Application's functionality, the User takes two photos, taken in accordance with the instructions posted in the Application - one taken from the front, the other taken from the side and then User specifies his height and enters the data allowing identification of the measurement on the User's Account within the Website.
      
      
   4. On the basis of photos taken by the User, the Application performs measures, determining the shirt dimensions appropriate for the User.
      
      
   5. After obtaining the dimensions referred to in paragraph 5.4. above, they are available to the User within the Website.
      
      
   6. Tyxo is not responsible for incorrect measurements made by the User using the Application due to the fact that incorrect measurements may be the result of incorrect lighting or position of the User.
      
      
   7. Pictures taken by the User within the Website will be used only for the purpose of measurements and will not be used for any other purposes.
      
      
6. NEWSLETTER
   1. Tyxo provides the Newsletter subscription service for the Users who give their voluntary consent to this by means of the Website functionalities.
      
      
   2. In order to activate the Newsletter subscription service, the User has to have a device with the Internet connection, installed and updated Internet browser and an active e-mail address.
      
      
   3. In order to subscribe to the Newsletter, the User orders it by means of an interactive form available on the website www.Tyxo.pl, providing his/her e-mail address, and activates the service through a link included in the e-mail sent to the User to the address stated at registration.
      
      
   4. Upon activation of the subscription, an agreement for provision of the Newsletter service for an unlimited period of time is concluded between Tyxo and the User.
      
      
   5. The User may at any time terminate the agreement for the provision of the Newsletter service with immediate effect by deactivating his/her subscription. The User may resign from the Newsletter by activating a relevant link provided in the footnote of each electronic letter sent under the Newsletter service.
      
      
7. ORDER
   1. The User may purchase Products by using the functionality “Stwórz swoją koszulę” (Create your own shirt) available on the Website, which consists in selecting relevant Product specifications, determining its measurements, providing data necessary for Tyxo to perform the Agreement, and then choosing the relevant button.
      
      
   2. Upon providing all necessary data, the User files the Order by selecting the button “Zamawiam i płacę” (I order and pay).
      
      
   3. Before filing the Order, the User will see the total Price for the Products.
      
      
   4. Orders may be filed 24 hours a day on all days of the year.
      
      
   5. Order are executed within the area of EEA (European Economic Area).
      
      
8. AGREEMENT
   1. The Agreement is concluded when the Client makes the Payment.
      
      
   2. Tyxo immediately confirms to the User that the Agreement was concluded by sending him/her an appropriate e-mail.
      
      
   3. In the e-mail Tyxo sends the User any information connected with the concluded Agreement as required by the law.
      
      
   4. Tyxo may refuse to perform the Agreement in the following cases:
      1. data stated in the form are incorrect;
      2. the provisions of the Terms of Use were violated in the course of filing the Order.
         
         
9. DELIVERY
   1. Product delivery consists in Tyxo’s sending, by means of a courier mail, the Products to the address stated by the User or to the InPost parcel locker selected location.
      
      
   2. Product delivery is carried out within 30 days from the date on which the User filed the Order. Tyxo reserves that delivery may be executed with delay in the case of a Force Majeure event or malfunction of the systems of service providers which enable execution of the Order.
      
      
10. TERMS AND CONDITIONS Fit Guarantee for First Shirt
    1. These Terms and Conditions regulates the promotion described in clause 2 below. Any matters not regulated in these Terms and Conditions are governed by the Terms of Use available here. Any capitalised terms have the meanings assigned to them in the Terms of Use, unless these Terms and Conditions state otherwise.
    2. Under the fit guarantee for first shirt (“Guarantee”) the User may have a delivered Product modified once free of charge within 10 days from receiving the Order, with a proviso that the Product subject to the Guarantee is new and bears no traces of use other than resulting from trying on and verifying fitness of the Product.
    3. The Guarantee covers both minor tailor alterations and making a new shirt, depending on the scope of necessary modifications. The scope of necessary modifications is determined by TYXO. The User is not entitled to request sewing a new shirt where in the opinion of TYXO alterations would be sufficient. 
    4. The User may take advantage of the Guarantee provided that he/she reports such wish within 10 days from receiving the Order to the e-mail address: biuro@tyxo.pl. In the title the User should write “Fit Guarantee” and the order number, and in the content the User needs to state the reason why the shirt does not fit and add pictures to illustrate how the Product does not fit the User.
    5. The User sends the Product back after reporting the wish to take advantage of the Guarantee but no later than 7 days from sending it. TYXO is responsible for picking the Product up from the User, sending a courier to collect the parcel.
    6. All costs connected with modification and shipment of the order are paid by TYXO.
    7. The order processing time under the Guarantee is no longer than the processing time for an ordinary Order from the moment the shirt is delivered to TYXO.
    8. No provision of these Terms and Conditions excludes the rights of consumers resulting from the law, in particular the rights under warranty. More information on the rights of consumers is available in the Website Terms of Use.
    9. TYXO reserves the right to amendment these Terms and Conditions for justified reasons, unless such amendment infringes any rights already acquired by the Users.
    10. This promotion is valid from 1st of December 2021. TYXO may cancel the promotion at any time by publishing an appropriate message on its website.
    11. The Guarantee covers all Products purchased while the promotion is valid.
        
        
11. PAYMENTS
    1. Payment for Products is executed by means of the functionalities and websites provided by the Payment Operator.
       
       
    2. The User is obliged to pay the price for Products immediately upon filing the Order.
       
       
    3. Temporary non-availability of the functionalities and websites referred to in clause 10.1 above does not release the User from the obligation to make the Payment upon restoration of their availability.
       
       
    4. In order to make the Payment, the User selects a Payment method available through the Website functionalities or services provided by third parties and follows displayed messages. Tyxo is not liable for any damage incurred by the User as a result of use of the functionalities or websites of the Payment Operator and other third parties.
       
       
    5. By accepting the Terms of Use, the User agrees to receive e-invoices at the e-mail address stated in the Order.
       
       
12. WITHDRAWAL
    1. In connection with the nature of the Products which are non-prefabricated items produced in line with a specification stated by the User in the course of filing an Order, the User may not withdraw from the Agreement.
       
       
13. WARRANTY
    1. The User may file a complaint related to Products, in particular if they have physical defects which deteriorate their quality.
       
       
    2. The User files a complaint by: i) sending a mail to the address of Tyxo, ii) sending an e-mail to the address biuro@tyxo.pl.
       
       
    3. The complaint will be considered by Tyxo within 14 days from the filing date. The User will be notified on the result of consideration by mail or e-mail.
       
       
    4. In the case of Users who are not consumers, the warranty provisions do not apply.
       
       
    5. In the case of Users who are consumers, Tyxo is liable under warranty and in the case of a Product defect the User may file a declaration on requesting reduction of the price or withdrawal from the agreement, unless Tyxo immediately and without excessive inconvenience for the User replaces the Product with a one free from defects or removes the defect.
       
       
    6. User’s rights under warranty are exercised in the manner and on the terms prescribed in Article 558 et seq. of the Act—Civil Code.
       
       
14. CONTACT
    1. In order to quickly contact Tyxo, the User may: i) send an e-mail to biuro@tyxo.pl, ii) call the number +48 535 443 193.
       
       
15. AMENDMENT TO THE TERMS OF USE
    1. Tyxo may amend these Terms of Use due to material reasons, whether legal (change of generally applicable legal provisions related to the Tyxo’s activity or change of the Tyxo’s business form) or technical. The reason for any amendment to the Terms of Use is each time provided in the manner described below.
       
       
    2. The Users will be notified on any amendment to these Terms of Use by an e-mail sent 7 days before the new wording of the Terms of Use comes into effect. In this time the User who is not a consumer must accept the Terms of Use again or refuse to accept them. If in turn the User who is not a consumer fails to terminate the provision of Services by Tyxo by the said date, he/she is deemed to have accepted the Terms of Use in their amended wording without reservations.
       
       
    3. Any Orders filed prior to the effective date of an amendment to the Terms of Use are processed in accordance with the content of the Terms of Use as applicable at that date. Amendments to the Terms of Use may not infringe the acquired rights of Users.
       
       
16. FINAL PROVISIONS
    1. The governing law for liabilities resulting from the Terms of Use is Polish law. Any agreements are concluded in the Polish language.
       
       
    2. A consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
       
       
    3. A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online application available at: http://ec.europa.eu/consumers/odr/
       
       
    4. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Use or Rental agreements will be settled by a common court with the jurisdiction determined according to the rules as prescribed by a legal act applicable to the User being a consumer.
    5. Any disputes arising between Tyxo and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Tyxo.
       
       

These Terms of Use come into effect as of: 01.03.2020