Terms and conditions
I. General Information
These Regulations define the principles of placing and completing Orders of Goods through the Website available at the following address www.tesco.pl/ezakupy, as well as mobile applications such as Tesco Ezakupy.
The below Regulations should be read carefully prior to the registration on or use of www.tesco.pl/ezakupy or mobile applications. If you do not agree with any or all of the provisions of these Regulations, please do not accept these Regulations, do not register on and do not use the Website.
- Upon acceptance of these Regulations, every User is obliged to comply with these Regulations.
- These Regulations are at any time available on the Website. These Regulations are available in a printable format.
The terms used herein shall have the following meaning:
Website – the web platform located at the address: www.tesco.pl/ezakupy, consisting of graphic elements, software and mobile applications such as Tesco Ezakupy that allow services to be provided electronically to Orderers. The Website presents the Seller’s Goods and guide prices of the Goods.
Order – the list of Goods that the Orderer intends to purchase from the Seller on the Order Completion Date, prepared and sent by the Orderer through the Website.
Seller – the entity that manages and runs the Website, i.e. TESCO (Polska) Sp. z o.o. with its registered office in Krakow, 30-347, ul. Kapelanka 56, a company entered into the National Court Register under KRS number 0000016108, maintained by the District Court for Kraków-Śródmieście, 11th Economic Department of the National Court Register, having its Tax Identification Number NIP 526-10-37-737 and share capital of 3,503,718,000,00 PLN.
Orderer – a natural person of full age, having at least limited legal capacity, a body corporate or an organizational unit, having no legal personality that has registered on the Website, accepted the Regulations and places the Order.
User – any natural person that makes use of the Website.
Goods – Goods presented by the Seller on the Website, which the Orderer may select to prepare and send an Order and then to purchase them when they have been offered to the Orderer by the Seller on the Order Completion Date. Goods and Guide Prices presented on the Website do not constitute an offer in the meaning of the Polish Civil Code. Detailed information about Goods are published on the Website next to the picture of Goods which is visible to the Orderer while placing the Order.
Guide Price – the gross guide price of Goods, shown on the Website next to the information about Goods; guide prices are given in Polish zloty and include VAT, but do not include the Order Completion Cost or Collection Costs; prices given on the Website are not binding prices — they are only guide prices. On the Order Completion Date, the final prices of Goods specified in the Offer may differ from their Guide Price given on the Website on the date of making the Order and shall be Prices of Goods effective in the Location on the Order Completion Date.
- Order Completion – delivery of the Order by the Supplier to an address indicated by the Orderer, or collection of Goods by the Orderer in a Location; when performing the Order Completion, the Seller is obliged to deliver Goods without any defects.
- Order Completion Date – a day, selected by the Orderer, on which a delivery of the Order is to take place to an address indicated by the Orderer or on which the Orderer is to collect the Order in a Location; if the Orderer accepts the Seller’s offer, the contract of sale of Goods is concluded on the Order Completion Date.
- Order Completion Cost – a fee for the Order Completion, if the Order is delivered to an address indicated by the Orderer; the Order Completion Cost is displayed on the Website for a logged-in user, and may be checked before the Order is placed. The Order Completion Cost depends on a day of the week and time when the Order is to be Completed; the Order Completion Cost does not depend on the value of the Order or the number of the ordered Goods.
- Collection Costs – additional fee for the collection of the Ordered Goods in the Location. Collection Costs are displayed on the Website for a logged-in user, and may be verified before an Order is placed.
- Location – is understood as stores run by the Seller under the “Tesco” brand, which perform Order Completion.
- Account – the User's individual Account, created after their registration, by means of which the User places Orders and manages their data given during the registration.
- Login – email address given by the Orderer during the registration on the Website.
- Supplier – a natural person employed by the Seller, who holds the Seller's power of attorney and who shall Complete an Order and, if the Orderer accepts the Supplier’s offer it will conclude on the Seller's behalf a contract of sale of Goods with the Orderer.
- Offer – a document, produced by the Supplier in the place and on the day of Completing the Order, which includes all ordered Goods, offered equivalent goods and their prices being the final Prices at which the Orderer may purchase Goods and the offered equivalent goods.
- Helpline – the telephone Support Centre for Website Users that operates daily from 7:00 a.m. to 11:00 p.m. on the phone number 800 105104.
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To use the Website, the User needs:
- a broadband internet connection,
- switched on support for cookies,
- switched on support for pop-up windows,
- Microsoft Windows XP, 7 or Microsoft Windows Vista operational system and later,
- an active e-mail account.
- Mobile applications may be used on mobile devices with Android 2.3.3. and later, Windows Phone 8.1 and later, Windows 8.0 with x86 and x64 processors, ARM, and a relevant mobile application installed. The mobile version of the Website may be used with the mobile devices with Internet connection and an LCD.
The User should use the Website in accordance with its purpose and should abstain from any activities that may distort its correct operation. Such activities include in particular:
- interference in the use of the Website by other Users, including preventing them from using it;
- interference in the content or the technical nature of the Website;
The Seller shall regularly undertake activities to improve the quality of the Website operation. However, it makes a reservation that errors or technical problems with the use of the Website may appear. In the event of such a situation, the User should report it to the Seller via the Helpline. The Seller shall forthwith make an effort to restore the correct operation of the Website.
The Seller shall not be responsible for:
incompatibility of the Website with the User's end hardware and software or with the User's connection to the public Internet;
technical difficulties, including errors and failures in connecting the Website, for which the User is responsible.
Any content of the Website, including trademarks, photographs, descriptions, applications, are legally protected. Any use of them, in whole or in part, constitutes a breach of the law.
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The Order Completion is limited to a defined area on the territory of the Republic of Poland. The Order can be Completed only to Users who selected delivery address from the drop-down menu on the Website during the registration, on the area covered by the Seller's operation.
If the delivery address given by the User is not currently supported by the Seller, the User may request information about its inclusion in future to the area covered by the Seller's operation.
The placement of the Order and the subsequent purchase of Goods shall be possible only if the Orderer completes the registration form. When filling in the registration form, correct and update data, necessary for the Order Completion, should be given: The Orderer's name, surname, exact address of the delivery, phone number, e-mail address (used later on as the login), set-up password and confirmation of getting familiar with and approval of the Regulations.
The Orderer, who at the same time is a member of the CLUBCARD loyalty scheme run by the Seller, may during the registration process give the number of their CLUBCARD to collect points received for purchases made with the use of their CLUBCARD, on their individual CLUBCARD Account, in accordance with the principles of the scheme. When the registration process is completed, the Orderer may provide their CLUBCARD details via the Helpline or on-line in My Account section.
In the event of a change of the Orderer's data given during the registration, the Orderer, after logging into their Account, should update them in “My Account” tab of the Website or via the Helpline. The address the telephone number, Clubcard number and marketing contact preferences may be changed on the Website. Other data may be changed only via the Helpline.
The Orderer must contact the Helpline to remove their Account from the Website.
Registration activities are performed only once. Subsequent Orders may be placed by logging into one's Account on the Website by entering the Login and the agreed password.
The Login and the password are confidential. The Orderer is fully responsible for any activities being the result of a disclosure of the Login and the password to third parties.
- If the User performs illegal actions which may hinder the Website functionality, the Seller will use security measures provided for in applicable laws.
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IV. Placing Orders
The Seller shall use its best professional care to make the Goods displayed on the Website available.
If Goods ordered by the Orderer are not available, on Order Completion the Seller shall, if possible, offer equivalent Goods whose character and Price shall be similar to Goods ordered by the Orderer. On Order Completion, the equivalent Goods shall be distinguished from among Goods covered by the Order and the Orderer shall have the right to refuse collection of all or a part of equivalent Goods offered by the Seller. The amount (value) of Goods that have been rejected shall not be debited from the Orderer's payment card if he/she gave the details of their payment card in advance to make an online payment.
Prices given on the Website are guide prices. On Order Completion, Prices of specific Goods may differ from their Prices given on the Website because of changes in cost prices of products, small differences in the weight of products sold loose or the delivery of equivalent Goods instead of unavailable Goods. According to the choice of the Orderer, the prices of the Order may also include the cost of packaging Goods in plastic bags, in accordance with paragraph. 7 below.
Within a single Order, the Orderer may order maximum:
- 24 pieces of each product (if sold by piece), or
- 24 kilograms of each product (if sold loose).
- Other quantity or weight than above, if set by the Seller for specific product or product group.
Maximum quantity or weight will be displayed every time, the Orderer reaches or exceeds the maximum while ordering.
In the event of ordering weighed Goods, the Seller reserves the right to deliver Goods whose weight differs from the weight specified in the Order whilst the difference may not be greater than +/- 10%.
If in the event of Goods, whose Price is determined in accordance with their unit weight and whose nature allows it, the Orderer orders a number of pieces instead of a given weight, the Seller shall deliver the ordered number of pieces. The Price shall be then determined in accordance with the weight of the ordered number of pieces of such Goods.
Tesco, by performing its business, tries to enhance the protection of the environment and offers this possibility to its Orderer. Therefore, the Orderer can choose from the following options of packaging and handover of the Goods:
- the Goods will be delivered in plastic shopping bags; in such case the Orderer will be charged a single flat fee for use of plastic bags in the amount of 0,50 PLN per one purchase of the Goods regardless of the number of plastic bags used;
- the Goods will be delivered not packed in plastic shopping bags and the Orderer will take over the Goods using his/her own shopping bag or by other means; counter meat and meat products, fresh fishes, detergents and other types of Goods that shall be packed because of hygienic reasons will be packed according to relevant applicable laws and such packaging will not be charged; the Orderer will have enough time to take over all the Goods delivered in this way.
The Orderer places an Order after logging into their Account on the Website. The Seller sends the confirmation of the Order to the Orderer to the email address given by the Orderer during the registration process. The Order remains available (visible) on the Orderer's Account for 2 years.
The Orderer may place order 24 hours a day, on each day of the week; however an order may be placed by 11.30 p.m. at the latest on a day preceding the day of Order Completion.
- The Orderer may cancel or change the Order after logging into their Account on the Website or via the Helpline. The cancellation or change of the Order shall be approved by the Seller if it is made by the Orderer by 11.00 p.m. on the day preceding Order Completion. It’s possible to change only ordered products, not payment method or the date of Order Completion.
- The Order Completion Cost is not included in Guide Price.
- The Seller reserves the right to an additional check of the Orderer's data, e.g. through a phone call.
- If the Price of delivered Goods is higher than the Price of Goods given in the confirmation of the Order sent to the Orderer, on Order Completion the Orderer has the right not to purchase such Goods. The value of Goods that have been rejected shall not be debited from the Orderer's payment card if he/she gave the details of their payment card in advance to make an online payment.
- A contract of sale of Goods is concluded between the Seller and the Orderer only if the ordered Goods have been collected in person by the Orderer or delivered by the Seller to the place of the delivery specified by the Orderer and the Orderer gives their consent to purchasing them at the Price specified in the Offer presented to him/her on the Order Completion. The Website allows only the Order to be placed whereas a contract of sale may be concluded as a result of collection or the delivery and the approval of the Seller's Offer on Goods covered by the Order.
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- eCoupons may be used by the Orderers.
- The Orderer, who receives an eCoupon code, or is informed of the eCoupon code, is entitled to lower shopping payment after typing the code into proper field in the summary section on the Website and if the minimum spend value defined in the eCoupon is reached.
- The Seller can send eCoupons via electronic or print means. For public offer Point V.8 hereof is not binding.
- Additional terms and conditions such as duration, limitations as to the number of persons entitled to use the eCoupons, maximum number of eCoupons to be used, combining eCoupons are published together with an eCoupon code.
- Website’s eCoupons can only be used in Poland.
- When returning the Goods on delivery, if spend amount gets lower than eCoupon’s threshold, eCoupon is no longer valid. This does not refer to returns of unwanted substitutions, quality claims or if price at delivery is different than while ordering.
- In the event of withdrawal from the purchase agreement of Goods paid for by the customer with an eCoupon, the amount paid back to customer is reduced by the value of the eCoupon if the total purchase without counting the eCoupon after the return is lower than the threshold for which the eCoupon was available. In the event of return of unwanted equivalent goods, a price different on the moment of Order Completion (than on placing the Order) and justified and accepted complaints, the returned amount will not be reduced by the amount of the eCoupon.
- eCoupons sent via direct mailing can not be sent further to other users. Such eCoupons which are provided to other users or published by or with the help of the Orderer can be cancelled by the Seller.
- eCoupons can not be exchanged for cash or any other service, except for reduction of payment on the Website, provided that necessary conditions are met.
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VI. Protection of Personal Data
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VII. Order Completion
- The Seller delivers Goods exclusively on the area of its operation that can be checked by clicking the link “Check availability of service” and entering the postal code.
- The Seller does not perform orders on 13 bank holidays (except for Sundays). If days (other than those referred to in the previous sentence) when Orders are not to be performed are set, the Seller shall place relevant information on the Website duly in advance.
In the case of selected areas, the Seller does have the right to limit delivery days and hours in selected regions. The available delivery days and hours can be viewed in „Book a slot” section. The seller will place on the Website an information about delivery days and hours limitations.
- Subject to Point VII.2 and 3 above, deliveries are made 7 days a week between 8.00 a.m. and 10.00 p.m. for home delivery, and between 10.00 a.m. and 8.00 p.m. for collection in store.
- The Seller shall take all efforts to Complete the Order at the agreed date and time. If the Order can not be Completed on time, the Seller will take all measures to contact the Orderer as soon as possible, using the telephone number provided by the Orderer in the registration form.
- In the event of selling Goods covered by a promotion or coming from a clearance sale, whose quantity is limited, the Order Completion is dependent on the sequence in which they arrive at the Seller, and the Orders are being performed until the stock of the Goods covered by a promotion or a clearance sale is sold out.
- The value of Orders placed by a number of Orderers to the same address of the delivery shall not be aggregated.
- The Seller reserves an opportunity to check the age of the person collecting the Goods. If it turns out that the person is under the age of 18 and no other person may collect the Goods, the Seller has the right to refuse giving them out, when the Order involves tobacco products. The Seller denies to hand over the Goods to such a person.
- The Seller delivers the Goods together with the Offer, a fiscal receipt and a specimen of the form of withdrawing from a contract of sale, and an excerpt from these Regulations. If the Orderer wants to receive a VAT invoice, he/she should insert the data necessary to VAT invoice issuing, i.e. company name, NIP number, company address into the field “Leave instructions and/or get an invoice” in “Book a slot” section on the website. In the case of Goods being returned by Orderer, the Orderer should ask for the VAT invoice correction in the Customer Service Desk in a Location which address is shown on the invoice.
- In the event that the Orderer is absent at the address given in the Order at the time of the delivery selected by the Orderer, the Supplier shall leave a note about the attempt of making the delivery at the door of the Orderer's home. If the Orderer's absence was only temporary and the Supplier has not yet returned to the Location, the Orderer may contact the Helpline to direct the Supplier back to their home. If the Supplier has already returned to the Location, the Order shall be cancelled.
- It is possible to collect Goods from the Locations, upon payment of a Collection Cost, in placed marked by „Zamów i odbierz”. The Orderer can chose in the process of ordering between home delivery and collection from Location.
- In the case of collection, the Orderer has to choose two hour slots on the Website. The Orderer is obliged to collect the Goods during this period of time. If the goods are not collected during the selected period the Order will be cancelled.
- In order to collect goods in the Location, the Orderer must give order number, his or her name and surname, credit card and - if on-line payment was selected – a valid photo ID. Only adult persons are entitled to collect Goods.
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VIII. Payment Terms
- The Orderer may choose one of the following methods of payment:
- Online – by means of the following debit/credit cards: Visa, Visa Electron, Master Card and Maestro issued by banks in Poland, UK or Czech Republic. In case that the card is rejected we ask the Orderer to contact the issuer of the card and check if the card has the functionality of making on-line payments.
- Payment upon collection of Goods – by means of the following debit/credit cards: Visa, Visa Electron, Master Card, and Maestro. Tesco prepaid Gift cards are also accepted for payment at door.
- If the Orderer wants to make an online payment, their payment card shall be pre-authorised (blocked) at the moment of placing an Order on the Website in the amount not higher than 10 PLN. The authorisation of the whole amount of the Order shall be made no earlier than on the day when the Goods are delivered and purchased by the Orderer. The final sales price shall be debited from the customer's bank account.
- To reduce the risk of unauthorised access to the details of the Orderer's payment card, they shall be encrypted.
- If the Orderer gave the number of their CLUBCARD (during the registration or later on via the Helpline pursuant to Point III.4 above), CLUBCARD points shall be added to their CLUBCARD account at the moment of the payment in accordance with the regulations of the CLUBCARD scheme.
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IX. The Right to Withdraw from Contract of Sale
- Subject to Point IX.4 below, the Orderer may, within 14 days from the Order Completion Date, withdraw from the contract of sale without providing a reason. The deadline shall be met if the statement on withdrawal is sent prior to the deadline expiry date.
- In order to exercise the right to withdraw from the contract, the Orderer should make the statement on withdrawal. The Orderer may use a form of statement on withdrawal provided to them by the Supplier each time together with the Goods or, in the event of collection, by an employee of the Location; this however is not obligatory. The means of withdrawal recommended by the Seller is to send the filled-in form via e-mail to the following address: firstname.lastname@example.org, or by mail to the address of the Location which Completed the Order (the address of the relevant Location is printed on the fiscal receipt).
- The Orderer should attach a proof of purchase of Goods to the statement referred to in Point IX.2 above or otherwise confirm the purchase of Goods.
- The right to withdraw from the contract of sale does not apply with respect to the following Goods:
- products that go off quickly or have a short expiry date,
- delivered in sealed packaging, which – if the packaging is opened – may not be returned for health or hygienic reasons;
- sound or visual recordings as well as computer software delivered in sealed packaging, if such packaging was opened by the Orderer;
- press, including journals and magazines.
- The Orderer is obliged to return the Goods covered with the statement on withdrawal immediately, however not later than 14 days from the day of withdrawal. The recommended means of exercising the right to withdraw from the contract, in order to handle the case as promptly as possible, is to return the Goods in person to the Location which Completed the Order (the address of the relevant Location is printed on the fiscal receipt) before the lapse of this time limit. The Goods may also be sent back before the time limit is exceeded.
- The Goods are returned at the cost of the Orderer. If due to the nature of the Goods (e.g. weight, size) the Goods can not be sent back via regular way, the Seller will collect the Goods from the Orderer at its cost.
- The Seller shall promptly, but not later than within 14 days from receiving from the Orderer of the statement on withdrawal from the contract, in whole or in part, return to the Orderer the amount of payment for the returned Goods. If the Orderer withdraws from the contract if whole, the Seller shall return to the Orderer also the amount of Order Completion Cost.
- The Seller may withhold the return of the payment referred to in Point IX.7 above, until the Orderer returns the Goods being the subject of the withdrawal from the contract, or provides the Seller with a confirmation of returning the Goods in question, depending on which of the events (return or confirmation) is performed first.
- The payment shall be returned via the same method which was used for making the payment by the Orderer.
- Before withdrawal from the contract, the Orderer should not use the Goods more than necessary to find the nature, features and functioning of the Goods. Otherwise the Orderer will be responsible for reducing the value of the Goods.
- If the Orderer gave the number of their CLUBCARD (during the registration or later on via the Helpline pursuant to Point III.4 above), a relevant number of CLUBCARD points, corresponding to the number of points granted to the Orderer for the purchase of the returned Goods, shall be deducted from their CLUBCARD account in connection with the return of the Goods.
- The right to withdraw from the contract of sale does not exclude the Orderer's rights arising from the Seller's liability due to inconsistency of Goods with the contract of sale or from the manufacturer's guarantee.
- The right to withdraw from the contract is not available to the Orderer who concluded the contract as a business entity.
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- The Orderer, prior to collection of Goods, may inspect them in the Supplier's presence. The Seller recommends that the Orderer should not collect damaged Goods.
- If the Goods are found inconsistent with the contract of purchase, after handing them over, the Orderer has the right to lodge a complaint in any Location.
- The Orderer should deliver Goods together with the proof of purchase to the Location so that the complaint can be considered.
- In the event of food products, a complaint about their inconsistency with the contract of sale may be considered by the Seller if it was lodged immediately after finding the Goods inconsistent with the contract of sale, however not later than 3 days after the Order Completion.
- The complaint shall be considered within 14 days of lodging it by the Orderer. The Orderer shall be informed by mail, email or by phone whether their complaint has been acknowledged or rejected.
- In the event that the complaint has been acknowledged, the Orderer, after receiving information about the acknowledgement, shall receive a refund immediately after reporting in the Location.
- In the event of Goods covered by a manufacturer’s warranty, the warranty document is delivered with the Goods, and should be confirmed in the Location.
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XI. Extrajudicial ways of complaints processing
- In the case of argument with the Seller or any doubts, the Orderer can use extrajudicial ways of complaints and claims.
- The access to extrajudicial ways of complaints and claims is available via e.g. customer arbitrage acting within Trade Inspection. The Orderer can also appeal to Municipal Customer Rights Representative, Competition and Customer Protection Bureau or other customer organizations like Customers Federation, Polish Customer Association, European Customers Center, in the way accepted in these organizations.
- Orderer acting as private entity, has also the right to use European online complaint service available under ULR: http://ec.europa.eu/consumers/odr/.
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XII. Final Provisions
- All matters not provided for herein shall be governed by the provisions of the Polish Civil Code, the Act on Consumers Rights of 30 May 2014 (Dz. U. [Journal of Laws] of 24 June 2014) and other relevant acts.
- Any and all doubts arising from the interpretation of the Regulations should be construed in a manner ensuring its consistency with mandatory laws.
- Any disputes arising from the Completion of an Order, if the parties do not reach amicable solution, shall be considered by a competent common court determined in accordance with provisions of the Code of Civil Procedure of 17 November 1964.
- The Seller reserves the right to make changes to these Regulations. The changes may not violate the Orderer's rights arising from Orders placed before the changes become effective. The changes to these Regulations come into force within 14 days of publishing them on the Website. The Seller shall inform the Orderer about such changes by a message sent electronically, including a reference to the text of the changed Regulations. If the Orderer does not accept the changes, he/she should inform the Seller about it by clicking the link “I do not accept changes to the Regulations”, which shall be equivalent to the Orderer's request to remove their Account from the Website.
- These Regulations have also been presented at the Website in English language version. In case of any discrepancies between Polish and English language version, the Polish language version shall prevail.
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In case of any questions, doubts, opinions or comments, please contact us by e-mail: Ezakupy@tesco.pl or via the Helpline.
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