Conclusion of an agreement between the Buyer and the Seller may occur in two ways.
The buyer has the right before placing an order to negotiate all provisions of the agreement with the Seller, including changing the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller (TOMAOTOMO by Tomasz Olejniczak ul. Zamkowa 25, 64-330 Opalenica).
In the case resign by the Buyer with the possibility of concluding an agreement on negotiating individual applies the following terms and applicable law.
1. The mailing address - the name or the name of the institution, situated in the village (in the case of the village divided into the streets: street, house number, apartment number or premises; in the case of the village of undivided streets: The city name and number of real estate), zip code and town.
Butik TOMAOTOMO by Tomasz Olejniczak
CH City Shopping, 1piętro
ul. Puławska 2
2. Mail for complaints child should be sent to the following address: firstname.lastname@example.org. The deadline complaint is 14 days.
3. Price of supplies - located at www.tomaotomo.com overview of the available types of supplies and their costs. (courier PLN 20, payment at odbiorze- 17,50z
4. Contact details:
TOMAOTOMO by Tomasz Olejniczak
ul. Puławska 2
Email .: email@example.com
tel. +48 781 077 033
5. Delivery - the type of transport services and the identity of the carrier and the cost included in the price list of supplies located at www.tomaotomo.com during working 10 days
6. Proof of purchase - invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004, as amended, and other relevant laws.
7. Product card - a single sub-page catalog containing information about a single product.
8. Client - an adult person with full legal capacity, legal person or organizational unit without legal personality and having the capacity to perform legal acts in the Seller's making the purchase directly associated with its business or professional activity.
9. The Civil Code - Civil Code Act of 23 April 1964 as amended.
10. The Code of Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 points. 5 of the Act on combating unfair commercial practices rynkowymz on 23 August 2007 as amended.
11. Consumer - an adult person with full legal capacity, making the purchase from Seller not directly related to its business or professional activity.
12. Shopping Cart - a list drawn up of products offered in sklepieproduktów based on the election Buyer.
13. Buyers - both consumer and customer.
14. Place of publication real-postal address or point of acceptance specified in the order by the Buyer.
15. The moment of release of things - the moment in which the buyer or indicated by him to receive the benefit of a third party will take possession of it.
16. Payment - bank transfer, cash on delivery, Paypal, Allegro and card payments by Allegro
17. Consumer law - the Law on Consumer Rights dated 30 May 2014.
18. Product - minimum and indivisible amount of things that can be procured, and which is given in the shop of the Seller as a unit of measure in determining the price (price / unit).
19. Subject of the contract - products and supplies contracted.
20. Subject provision - the subject of the contract.
21. Reception center - the place of publication of things that are not postal address mentioned in the statement provided by the Seller in the shop.
22. Thing - the thing movable review may be or is the subject of the contract.
23. Shop - Internet service available at www.tomaotomo.com through which buyer can place an order.
TOMAOTOMO by Tomasz Olejniczak
ul. Zamkowa 25
NIP 788-198-82-73, REGON: 1301712087
BANK ACCOUNT: 51 1090 1434 0000 0001 1597 3626
25. System - a set of IT equipment and software, providing processing and storage, as well as send and receive data via telecommunications networks by using appropriate for the type of network end device, commonly called the Internet.
26. Deadline - shown on the sheet number of hours or days, max. 14days working. In the unlikely event the consumer is informed of the extension lead time.
27. Agreement - an agreement concluded away from business premises or at a distance within the meaning of the Act on consumer rights on 30 May 2014. For consumers and sales contract within the meaning of Art. 535 of the Civil Code of 23 April 1964 in the case of buyers.
28. Disadvantage - both physical defect and defect legal.
29. Physical defect - non-compliance of the goods sold to the agreement, especially if the thing:
- it has no properties that favor this type should be according to the purpose designated in the agreement or arising from circumstances or destination;
- does not have jurisdiction, the existence of which the seller assured the Consumer
- not suitable for the purpose for which the consumer has informed the Seller at the conclusion of the contract, and the seller did not raise any objections to that of its destination;
- The consumer was released in incomplete condition;
- in the event of malfunction of installing and commissioning, if these activities were carried out by the Seller or a third party, for which the seller is responsible, either by the consumer, who acted according to instructions received from the Seller;
- it has no properties, which provide the manufacturer or his agent or the person who brings the benefit of the market in terms of its economic activity and the person who by putting on stuff sold his name, trade mark or other distinctive sign presents himself as the producer unless he Sellers of these assurances did not know either, judging reasonably, he could not know or they could not influence the consumer's decision about the conclusion of the agreement, or if their content was corrected prior to the conclusion of the contract.
30. Legal flaw - a situation when the thing sold is owned by a third party or is encumbered with a right of a third party, and if the restriction on the use or disposal of thing stems from a decision or judgment of the competent authority.
31. Order - Buyer's declaration of intent made through a catalog specifying clearly: the type and quantity of products; type of delivery; payment type; place the delivery of goods and aimed at Buyer's data directly to a contract between the Buyer and the Seller.
§2 General Terms and Conditions
1. The agreement is in Polish& English , in accordance with Polish law and with these rules.
2. Place of publication things must be located on Polish territory.
3. The seller is obligated and undertakes to provide services and deliver things free from defects.
4. All prices quoted by the Seller are in Polish currency- zloty (including VAT). Available prices in euro and dollar on the website are converted at the the current exchange rate available on the website www.nbp.pl (including VAT). Prices do not include the cost of delivery, which is specified in the price list of supplies.
5. All deadlines are counted in accordance with Art. 111 of the Civil Code, which is a period expressed in days expire at the end of the last day, and if a period expressed in days is a certain event, is not taken into account when calculating the date on which the event occurred.
6. Confirmation sharing, consolidating, securing all relevant provisions of the agreement in order to gain access to this information in the future as follows:
- confirmation of the order by sending by e-mail: orders, invoices pro forma information on the right of withdrawal, of this Regulation in pdf format, the model withdrawal form in pdf format, links to independent DOWNLOAD regulations and standard withdrawal;
- join the completed order, sent to the designated place of issue printed things: proof of purchase, information about the right of withdrawal, this Regulation, the model withdrawal form.
- Sellers announces the familiar guarantees given by third parties for products in the store.
7. Seller does not charge any fees for communicating with him using the means of distance communication, and the Buyer shall bear the costs in the amount resulting from the agreement we entered into with a third party provider on behalf of a specific service enabling communication at a distance.
8. Seller warrants to the Buyer benefiting from the system for proper operation sklepuw following browsers: IE version 7 or later, Firefox version 3 or later, Opera version 9 or later, the Chrome version 10 or later, Safari with the latest versions of Java and Flash, on screens with horizontal resolution over 1024 px. Using third-party software affecting the operation and functionality browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the store www.tomaotomo.com, they should all turn off.
9. The buyer has the option of storing their data through the shop in order to facilitate the process of placing your next order. For this purpose, the Buyer shall provide the login and password needed to access your account. The login and password are the string set by the Buyer, who must keep their secret and protect against unauthorized access by third parties. The buyer has at any moment, to access, modify, updating and deleting the account at the store.
10. Seller shall apply to the code of good practice.
§ 3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. In order to make order Buyer should do at least the following steps, some of which may be reiterated:
- adding to cart the product;
- choice of delivery;
- choice of payment;
- choice of delivery of goods;
- deposit in sklepiezamówienia by using the "Check out".
- Conclusion of an agreement with a consumer takes when you place the order.
3. Implementation of order Buyer paid cash on delivery shall take place immediately, and orders paid by bank transfer or via electronic payment after the payment Consumers account Seller, which should take place within 30 days of the order, unless the consumer has not been able to comply with the provision of no fault of their own and I informed the Seller.
4. Conclusion of an agreement with the customer takes place upon acceptance of the order by the Seller, which shall notify the customer within 48 hours of ordering.
5. Implementation of order Buyer paid for downloading immediately after the conclusion of the contract, and orders paid by bank transfer or via electronic payment systems Allegro after the conclusion of the contract and the payment is the customer account Seller.
6. Implementation of order Buyer may depend on to make payment of all or part of the value of the contract or obtain trade credit limit of at least the value of the contract or consent of the Seller to send orders COD (paid on receipt).
7. Sending of the agreement within the deadline specified on the product, and for orders of multiple products in the longest maturity of certain on kartachproduktów. The period begins as soon as the contract.
8. Item purchased is a contract with the chosen by the buyer selected sales document sent by the Buyer to the type of delivery specified by the Buyer in the order place of issue of things, accompanied by annexes, referred to in § 2 paragraph 6b(polish law).
§4 Right of withdrawal
1. The consumer is entitled pursuant to art. 27 Right consumer right to withdraw from a distance contract, without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 Rights of the consumer(polish law).
2. The deadline to withdraw from a distance contract is 14 days after delivery of goods and to meet the deadline is enough to send a statement before its expiry.
3. The statement of withdrawal Consumers may file a form, a model of which is attached as Annex 2 to the Law of the consumer, on a form available at www.tomaotomo.com or any other form consistent with consumer law.
4. Seller shall promptly confirm the consumer e-mail address (given at the conclusion of the contract and another if it was given in her declaration) receipt of the declaration of withdrawal.
5. In the case of withdrawal, the contract shall be considered null and void.
6. The consumer is required to pay for the Seller immediately, but not later than 14 days from the date on which withdrew from the agreement. To meet the deadline just return things before its expiry.
7. The consumer sends things which are the subject of the contract, from which departed at his own expense and risk.
8. The consumer does not bear the costs of providing digital content are not stored on a tangible medium if it does not consent to such an obligation before the deadline to withdraw from the contract or was not informed about the loss of his right of withdrawal when giving such consent or operators fail to provide confirmation in accordance with Art. 15 paragraph. 1 and Art. 21 paragraph. 1. The rights of the consumer(polish law).
9. The consumer is responsible for the decrease in value of the asset which is the subject of the agreement and as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
10. The seller shall immediately, not later than within 14 days of receipt of the declaration of withdrawal filed by the Consumer reimburse the consumer to make his payments, without the cost of delivery of the goods.
11. Seller shall refund using the same payment method, which used the consumer, unless the consumer has expressly agreed to another payment method that does not involve for him any costs.
12. The seller may withhold the reimbursement payment received from the consumer to the receipt of things back, or the consumer has supplied evidence of her return, depending on which event occurs first.
13. Consumer in accordance with Article 38 rights of the consumer is not entitled to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the seller has no control, and which may occur before the deadline for withdrawal;
- in the subject of which is the provision for non-prefabricated, manufactured according to the specifications of the consumer or the maid meet its individual needs;
- in the subject of which is the provision for dispersible rapid decay or having a short shelf life;
- in which the subject of the provision is the thing delivered in a sealed package, which after opening the package can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery;
- in which the subject of the provision are things that after delivery, due to their nature, are inextricably linked to other things;
- which are the subject of the provision of audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
- for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed him by a trader of the loss of the right of withdrawal;
- about delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
1. Seller pursuant to art. 558§1 of the Civil Code (polish law) completely excludes liability to clients arising from physical and legal defects (warranty).
2. Seller shall be liable to the consumer under the terms of Art. 556 of the Civil Code(polish law) and another for defects (warranty).
3. In the case of a contract with a consumer if a physical defect has been detected within a year since the release of things, it is assumed that it existed at the time of transition danger to the consumer.
4. The consumer if the item sold has a flaw, it may:
- make a statement about the demand to reduce prices;
- submit a statement of withdrawal from the contract;
- unless Seller shall promptly and without undue inconvenience to the consumer replace the defective thing as free from defects or defect remove. However, if the thing was already replaced or repaired by Seller or Seller did not satisfy the obligation to exchange things free from defects or to remedy a defect shall not be entitled to replace the goods or remedy the defect.
5. The consumer may instead proposed by the Seller to remedy a defect require the exchange of things free from defects or instead of exchanging things require removal of defects unless they bring things into compliance with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller wherein the assessment of these costs are taken into account the value of goods free from defects, the nature and the importance of the defects, and also takes into account the disadvantages to which subject the consumer otherwise meet.
6. The consumer can not withdraw from the contract if the defect is irrelevant.
7. The consumer if the item sold has a flaw, it can also:
- require the exchange of things free from defects;
- demand the removal of the defect.
8. The seller is obliged to replace the faulty thing to defect-free or rectify the defect within a reasonable time and without undue inconvenience to the consumer.
9. The seller can refuse the request Consumer redress, if brought into conformity with the contract of things flawed in a manner chosen by the buyer is impossible or compared to the second possible way to enforce compliance with the agreement would require excessive costs.
10. In case, if the item is defective fitted, the consumer may require the seller disassembly and reassembly after the exchange free from defects or removal of defects, but is obliged to bear part of the costs involved exceeding the price of the goods sold or may require the seller to pay part of the cost dismantling and reassembly, to the price of goods sold. In the event of non-performance of duty by the Seller, the consumer is authorized to make these activities at the expense and risk of the Seller.
11. A consumer who exercises the powers under warranty, is obliged at the expense of the Seller to provide for a defective address a complaint, and if because of the nature of things or the way of installing the supply of the consumer would be extremely difficult, the consumer is obliged to make available for the Seller in place where the property is situated. In the event of non-performance of duty by the Seller consumer is entitled to return the items at the expense and risk of the Seller.
12. The costs of replacement or repair shall be borne by the Seller, except as described in § 5 paragraph 10.
13. The seller is obliged to accept from the consumer for defective when replacing things free from defects or withdrawal.
14. Seller within fourteen days will address:
- statements about the request to reduce prices;
- the declaration of withdrawal from the contract;
- to require that the thing free from defects;
- request to remove defects.
15. Otherwise it is believed that considered reasonable statement or consumer demand.
16. The Seller is under warranty, if the physical defect is found before the expiry of two years from the delivery of goods consumer, and if it is sold for use within a year since the release of consumer items.
17. Claim consumer to remove the defect or replacement of the goods sold to free from defects expires after one year from the date of noticing the defect, but no earlier than two years after delivery of goods consumer, and if I sold a thing used within one year from the time delivery of goods consumer.
18. Where specified by the Seller or the manufacturer shelf stuff to use ends after the expiration of two years from the delivery of goods consumer, the seller is responsible under warranty for physical defects that thing found before that date.
19. In the periods specified in § 5 points 15-17 Consumers may submit a statement of withdrawal or reduction of prices due to physical defects in the goods sold, and if the consumer demanded the exchange of things free from defects or remedy the defect, the deadline for filing a declaration of withdrawal from contract or reducing the price begins as soon as ineffective expiry of the deadline for the exchange of goods or remedy the defect.
20. In the event of an investigation before a court or arbitral tribunal of one of the powers of the warranty period for the implementation of other rights enjoyed by the consumer in respect thereof, shall be suspended until the final conclusion of the proceedings. Respectively shall also apply to the mediation procedure, the deadline for the implementation of other rights under the warranty, the consumer is entitled, it begins to run from the date of the refusal of the court approval of the settlement agreement before a mediator or termination of ineffective mediation.
21. To exercise the powers under the warranty for legal defects of the thing sold is used §5 points 15-16, except that the period shall begin from the day on which the consumer knew of the existence of defects, and if the consumer knew of the existence of defects only due the third party - the date on which the judgment given in a dispute with a third party becomes enforceable.
22. If, due to defects in things consumer filed a statement of withdrawal or lowering prices, he may claim compensation for the injury suffered by being awarded the contract, not knowing about the existence of defects, even if the damage was a result of circumstances for which the Seller is not responsible, and in particular may request reimbursement contract, the cost of receiving, handling, storage and insurance of goods, reimbursement of expenses to the extent in which they did not address it to their advantage, and did not receive their refund by a third party and reimbursement process. Not prejudice the rules of the obligation to provide compensation on general principles.
23. The passage of any deadline for noticing the defect does not exclude the exercise of the powers of Warranties, if the seller fraudulently concealed the defect.
24. If the seller is obliged to provide or financial benefit to the consumer will do so without undue delay and no later than the deadline laid down in the law.
§ 6 Privacy and security of personal data
1. Database Administrator of personal data transmitted by Konsumentówsklepu is the Seller.
2. Seller agrees to the protection of personal data in accordance with the Law on Personal Data Protection dated 29 August 1997 and the Act on electronic services of 18 July 2002. Buyer stating when ordering your personal details Seller agrees to their processing by the Seller in order to complete your order. The buyer has at any moment, to access, modify, update, or delete their personal data.
§ 7 Final Provisions
1. None of the provisions of these Regulations is not intended to affect the rights of the Buyer. There can also be interpreted in this way, as in the case of non-compliance with any part of the Rules applicable law Vendor declares unconditional surrender to and application of this law in place of the challenged provision of the Rules.
2. All changes and their range of registered Buyers will be notified by e-mail (the indicated when registering or ordering e-mail). Notification will be sent at least 30 days before the entry into force of new regulations. Changes will be introduced in order to bring the Rules into the current legal status.
3. The current version of the regulations is always available to the Buyer in the section Regulations (www.tomaotomo.com/regulaminsklepu). In the course of the contract and throughout the period of after-sales care Purchaser subject to the regulations approved by him when ordering. Except when the consumer finds it less favorable than the current and inform the Seller about the selection of the current as applicable.
4. In matters not covered by these rules, the relevant applicable legal provisions. Disputes, if the consumer prifile, solved in the way of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or process before an arbitration court at the Regional Inspectorate of Trade Inspection or by equivalent and lawful methods of pre or extra-judicial settlement of disputes indicated by the Consumer. As a last resort the matter resolved by the court jurisdiction over and to the point.
Version 12.5 (Warsaw, 23.12.2014)