Tess Themes

Terms of Service

§ 1 Preliminary Provisions

  1. The online store Tess Themes, available at the internet address https://themes.tesserakt.dev/, is operated by TESSERAKT sp. z o.o. with its registered office in Kraków, at ul. Cechowa 44B, 30-614 Kraków, entered into the National Court Register by the District Court for Kraków - Podgórze in Kraków, XI Economic Division of the National Court Register, under KRS number 0000642152, with a share capital of 5,600.00 PLN, NIP (Tax Identification Number) 6832091507, REGON (National Business Registry Number) 365661090.
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Store as well as the rules and procedure for concluding Sales Agreements for Digital Products with the Customer. They do not cover additional services, such as template customization or website implementations.

§ 2 Definitions

  1. Seller – TESSERAKT sp. z o.o. with its registered office in Kraków at ul. Cechowa 44B, postal code 30-614 Kraków, entered into the National Court Register by the District Court for Kraków - Podgórze in Kraków, XI Economic Division of the National Court Register, under KRS number 0000642152, NIP 6832091507, REGON 365661090.
  2. Store – the online store operated by the Seller at the internet address https://themes.tesserakt.dev.
  3. Consumer – a natural person concluding an Agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  4. Entrepreneur – a natural person, a legal person, or an organizational unit that is not a legal person but to which a separate act grants legal capacity, conducting business activity in its own name, who uses the Store.
  5. Customer – a Consumer or an Entrepreneur purchasing Digital Products through the Store.
  6. Digital Product – a website template or web application, delivered in digital form without a physical medium, which is the subject of the Sales Agreement between the Customer and the Seller.
  7. Sales Agreement – an agreement for the sale of a Digital Product concluded or to be concluded between the Customer and the Seller through the Store.
  8. Order – a declaration of will by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Digital Product or Digital Products with the Seller.
  9. Polar.sh – the payment operator handling transactions in the Store.
  10. Regulations – these regulations of the Store.

§ 3 Contact with the Store

  1. Seller’s address: TESSERAKT sp. z o.o., ul. Cechowa 44B, 30-614 Kraków
  2. Seller’s e-mail address: support@tesserakt.dev

§ 4 Technical Requirements

To use the Store, including Browse the Store’s assortment and placing orders for Digital Products, the following are necessary:

  1. an end device with access to the Internet and an up-to-date version of a web browser,
  2. an active electronic mail account (e-mail),
  3. enabled support for cookies.

§ 5 General Information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.
  2. Browse the Store’s assortment and placing orders for Digital Products do not require creating a Customer Account. The Customer may make a purchase by providing the necessary personal and address data to enable the execution of the Order.
  3. The prices given in the Store are net prices, which means they do not include VAT, and are expressed in the currency indicated on the product page (e.g., USD, PLN, EUR). At the time of payment via the payment operator Polar.sh, VAT is added to the net price at the rate applicable to the buyer’s country. The final amount payable by the Customer therefore includes the net price plus the applicable VAT, and the Customer is informed of this on the payment page before finalizing the order.
  4. The Seller reserves the right to make ongoing changes to the prices of Digital Products. This right does not affect the value of Orders placed before the date of the price change.

§ 6 Rules for Placing an Order

To place an Order in the Store, the Customer should follow these steps:

  1. The Customer selects the Digital Product of interest and then clicks the “Buy now” button or an equivalent button available on the Store’s page.
  2. The Customer is redirected to the purchase page, which is handled by the external payment operator, Polar.sh. On this page, the Customer enters the necessary data for the Order fulfillment, such as name, surname, e-mail address, and invoice details (if different from the Order recipient’s details). Payment details are also entered here.
  3. Before finalizing the purchase, the Customer is obliged to explicitly accept the content of these Regulations and the Privacy Policy. Crucially, the Customer must also give explicit consent to the immediate delivery of the Digital Product and confirm awareness of the loss of the right to withdraw from the agreement.
  4. The purchase is finalized by clicking the “Buy and pay” button or an equivalent.
  5. After the payment process is successfully completed, an Order confirmation is automatically sent to the e-mail address provided by the Customer.
  6. By making a payment through the Polar.sh operator, the Customer automatically creates a user account on that platform. Logging into the account is possible by providing the e-mail address used for the purchase. A one-time access code is sent to the indicated e-mail address. After logging into the account, the Customer can view their purchase history and download the purchased Digital Products multiple times.

§ 7 Offered Payment Methods

  1. The Digital Product is delivered to the e-mail address indicated by the Customer in the order form. The dispatch of the Product occurs automatically after the payment for the Order has been credited.
  2. Downloading purchased Digital Products via the Polar.sh platform is possible as long as the Seller maintains an active cooperation with this platform. In the event of the termination of services by Polar.sh or the termination of cooperation with this platform, all issues related to access to previously purchased products should be directed to the Seller by contacting the e-mail address: support@tesserakt.dev.
  3. The Customer has the option to make a payment using one of the following methods:
    1. payment card (debit or credit),
    2. CashApp application,
    3. Apple Pay service,
    4. Google Pay service.
  4. Along with the delivery of the Digital Product, the Customer receives a VAT invoice documenting the purchase.
  5. Acceptance of these Regulations also constitutes the Customer’s consent to receive invoices in electronic form.

§ 8 Right of Withdrawal from the Agreement

  1. In accordance with Art. 38, point 13 of the Act of 30 May 2014 on Consumer Rights, the Consumer is not entitled to withdraw from a distance contract in relation to contracts for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Customer’s express consent before the expiry of the deadline to withdraw from the contract and after being informed by the Seller of the loss of the right of withdrawal.
  2. Given the nature of the services provided, the Customer, by purchasing a Digital Product in the Store, consents to its immediate delivery, which results in the loss of the right to withdraw from the agreement in accordance with the aforementioned provision.
  3. Placing an Order by the Customer is equivalent to:
    1. consenting to the commencement of the performance before the expiry of the deadline to withdraw from the agreement,
    2. confirming receipt of information about the loss of the right of withdrawal as a result of the immediate delivery of the Digital Product.
  4. The Seller shall each time inform the Customer about the exclusion of the right of withdrawal at the stage of finalizing the Order and shall require the Customer’s explicit confirmation of having read this information.

§ 10 Complaints and Warranty

  1. In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions concerning warranty in the Civil Code.
  2. A Digital Product is considered non-compliant with the agreement if:
    1. it does not correspond to the description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and does not provide for the availability of updates and technical support specified in the agreement,
    2. it is not fit for the purposes for which digital content of this kind is usually used, taking into account applicable laws, technical standards, and reasonable expectations arising from good practices,
    3. it does not possess the properties typical for this type of content in terms of durability, security, compatibility, accessibility, and continuity of operation,
    4. it was not delivered with accessories, instructions, or other elements that the Customer can reasonably expect to receive,
    5. it does not correspond to the model or sample made available to the Customer before the conclusion of the agreement.
  3. The exclusion of the right to withdraw from the agreement due to the purchase of a Digital Product does not infringe on the Customer’s rights in the event of finding the Digital Product to be non-compliant with the Agreement. In such a case, the Customer is entitled to:
    1. demand that the Digital Product be brought into conformity with the agreement,
    2. demand a price reduction or withdraw from the agreement (in cases specified by law) and thus receive a refund of the purchase price.
  4. A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
  5. In the event of finding non-compliance of the Digital Product with the agreement, the Customer has the right to file a complaint. A technical complaint should be submitted electronically to the e-mail address: support@tesserakt.dev.
  6. The complaint notification should include, in particular, the following data:
    • Customer’s first and last name.
    • E-mail address used for the purchase.
    • Order ID or other data allowing for the identification of the transaction.
    • Date of the transaction.
    • A detailed description of the subject and reason for the complaint, including a description of the found non-compliance of the Digital Product with the agreement.
    • Bank account number (if the Customer is seeking monetary claims, e.g., a price reduction or a refund in case of withdrawal from the agreement).
    • Customer’s contact details.
  7. The Seller shall respond to the complaint request promptly, no later than within 14 days from the date of receipt of the complaint notification. The Customer will be notified of the method of handling the complaint to the e-mail address indicated in the complaint notification.
  8. In the event of non-compliance of the Digital Product with the Sales Agreement, the Customer is entitled to claim against the Seller to bring the Product into conformity with the agreement.
  9. The Seller may refuse to bring the Digital Product into conformity with the agreement if it is impossible or would involve excessive costs, taking into account all circumstances, in particular the significance of the lack of conformity and the value of the compliant Product.
  10. The Seller is obliged to bring the Digital Product into conformity with the agreement within a reasonable time from the moment of receiving information about the non-compliance and without excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it is used. All costs associated with bringing the Product into conformity shall be borne by the Seller.
  11. The Customer is not entitled to withdraw from the Sales Agreement if the lack of conformity of the Digital Product with the agreement is insignificant.
  12. In the event of an effective withdrawal from the agreement, the Seller is obliged to refund the price paid to the Customer promptly, but no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the agreement or of price reduction.
  13. The refund will be made using the same payment method that the Customer used in the original transaction, unless the Customer has expressly agreed to another method of return that does not involve any costs for them.

§ 11 Personal Data Protection

  1. The controller of the personal data of Customers collected through the online Store is the Seller.
  2. Customers’ personal data are processed by the Controller in accordance with applicable law, in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), solely for purposes necessary for the performance of the Sales Agreement concluded via the online Store. This scope includes, in particular:
    1. acceptance and handling of the Order,
    2. issuing accounting documents, including VAT invoices,
    3. delivery of the Digital Product,
    4. conducting communication related to the performance of the Agreement.
  3. Customers’ personal data may be transferred to third parties providing services for the Seller, in particular payment service providers (Polar.sh) handling electronic or card payments, solely to the extent necessary to process the payment and perform the Agreement.
  4. Providing personal data by the Customer is voluntary, however, failure to provide the data necessary to conclude and perform the Sales Agreement results in the inability to conclude this agreement and fulfill the Order.
  5. A Customer whose personal data is processed by the Seller has the right to:
    1. access the content of their personal data,
    2. rectify, supplement, or update them,
    3. request data erasure,
    4. restrict processing,
    5. object to the processing of personal data in cases provided for by law.
  6. Detailed information on the principles of personal data processing, including the purposes, legal bases, processing time, and the rights of data subjects, is set out in the Privacy Policy available at: https://themes.tesserakt.dev/en/privacy-policy.
  7. Customers’ personal data may also be processed by the Controller for marketing purposes, in particular to send commercial information regarding products, services, promotions, or the Seller’s activities – solely on the basis of the Customer’s prior, voluntary, and revocable consent.
  8. The consent referred to in para. 7 may be expressed when placing an Order or at any other time through an explicit confirmatory action, including ticking the appropriate checkbox.
  9. The Customer has the right to withdraw consent to the processing of their personal data for marketing purposes at any time, without affecting the lawfulness of the processing carried out before its withdrawal.

§ 12 Final Provisions

  1. Agreements concluded through the online Store are subject to the law of the Republic of Poland.
  2. Agreements concluded through the online Store may be concluded in Polish or English, depending on the language version of the Store selected by the Customer during the ordering process.
  3. Regardless of the language version chosen by the Customer, both language versions of the Regulations and the agreement have the same wording and legal effect. In case of interpretative discrepancies between the Polish and English versions, the Polish version shall prevail.
  4. A Customer who is a Consumer has the right to use out-of-court complaint and redress procedures. In particular, the Consumer may:
    1. file a complaint via the EU’s online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/,
    2. obtain free assistance in resolving a dispute with an entrepreneur by contacting a district (municipal) consumer ombudsman or a social organization whose statutory purpose is to protect consumer rights, including, among others, the Federation of Consumers or the Association of Polish Consumers,
    3. submit a request for the case to be heard by a permanent amicable consumer court operating at the competent Voivodeship Inspectorate of Trade Inspection.
  5. The Seller reserves the right to make changes to the content of these Regulations for important legal, organizational, or technical reasons, in particular in the event of:
    1. a change in the applicable provisions of law,
    2. a change in the methods of payment or delivery of Digital Products,
    3. the introduction of new functionalities in the Store that affect the content of the Regulations.
  6. Customers will be informed of a planned change to the Regulations at least 7 days in advance by publishing the new version of the Regulations on the Store’s website.
  7. Agreements concluded before the changes to the Regulations come into force shall be governed by the version applicable on the date the Customer placed the Order.
  8. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply.
  9. Any disputes arising from an agreement concluded through the online Store or related to its performance shall be resolved by the competent general court.
  10. In the case of a Customer who is not a Consumer, the court competent to hear a dispute shall be the court with jurisdiction over the Seller’s registered office.

Last updated: 2025/08/01