ONLINE STORE REGULATIONS
GENERAL PROVISIONS
- These Regulations specify the general conditions of sales conducted through the Online Store and the provision of electronic services by the Seller within its framework.
- A Customer can contact the Seller:
- in writing, by sending a message to the Seller’s registered address,
- via email at: kontak@toczesc.pl,
- by phone at: +48 513319496,
- using the contact form available on the Online Store’s website.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the Online Store’s website. Promotions in the Online Store cannot be combined unless otherwise stated in the respective promotion’s terms.
- The Regulations are continuously available on the Online Store’s website in a manner that allows for their retrieval, saving, and reproduction.
- The Seller informs that cookies are used on the Online Store’s website. Detailed rules regarding this are set forth in a separate document (hereinafter referred to as the “Cookie Policy”), available on the Online Store’s website.
- Definitions used in the Regulations:
- Business Days: Days from Monday to Friday, excluding public holidays.
- Customer: A natural person with full legal capacity, a natural person conducting business activities, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, entering into a Sales Agreement.
- Civil Code: The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- Account: A part of the Online Store individually assigned to a Customer.
- Consumer: A Customer who is a consumer as defined in Article 22[1] of the Civil Code.
- Shopping Cart: Information about Products selected by the Customer to be included in an Order.
- Newsletter: A service provided to the Customer by sending commercial information to their email address.
- Opinion: A Customer’s statement regarding a Product, Service, or fulfillment of the Agreement.
- Product: An item presented in the Online Store, the description of which is available with each presented product.
- Entrepreneur: A Customer who is an entrepreneur as defined in Article 43[1] of the Civil Code.
- Regulations: This document.
- Online Store: The IT system used by the Seller to conduct trade and services, through which Products and Services are presented online and Orders are accepted, operating under the domain toczesc.pl.
- Seller: Igor Leskov, based in Częstochowa (address: ul. Marszałka Józefa Piłsudskiego, no. 13/15, apt. 16, 42-202 Częstochowa), registered in the National Court Register, NIP: 9492273925, REGON: 540722755.
- Agreement/Sales Agreement: A sales agreement of Products presented in the Online Store as defined by the Civil Code, concluded between the Seller and the Customer.
- Service: An electronic service provided through the Online Store by the Seller to Customers as defined by the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
- Consumer Rights Act: The Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827).
- Act on the Provision of Electronic Services: The Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
- Order: A Customer’s declaration of intent directly aimed at concluding a Sales Agreement.
TERMS OF USING THE ONLINE STORE
- The use of services is possible if the following minimum technical requirements are met:
- Access to the Internet.
- An application to handle email.
- An up-to-date web browser with enabled JavaScript and cookies.
- A program for reading and saving PDF files.
- A Customer using the Online Store must comply with legal regulations, the provisions of these Regulations, and respect the personal rights of others. In particular, they may not deliver or transmit unlawful content, including unsolicited commercial information (spam), or disrupt the functioning of the Online Store.
SERVICES
- Services provided by the Seller in the Online Store are free of charge.
- The Account service is available after registration, which occurs by completing and submitting the registration form provided in the Online Store.
- To receive the Newsletter, the Customer must provide the Seller with a valid email address.
- The Service Agreement is concluded for an indefinite period and is terminated when the Customer cancels it or unsubscribes from the Newsletter list.
- The Shopping Cart service is available for Customers with an active Account in the Online Store. This service is provided for a limited time until the Customer places an Order for Products in the Cart or removes the Products from the Cart.
- If the Customer violates the provisions of these Regulations, the Seller may terminate the Service Agreement with 14 days’ notice, provided that the Customer was previously notified and failed to rectify the violation within a given timeframe. CONTRACT CONCLUSION PROCEDURE
The information about Products provided on the Store’s website, particularly their descriptions, technical and usage parameters, and prices, do not constitute an offer but rather an invitation to submit offers.
To place an Order and conclude a Contract, it is required to have an active email account and/or an Account.
An Order placed via the online Store constitutes an offer and is binding on the Customer from the moment the Seller confirms receipt of the Order until the payment deadline specified therein.
The Contract is concluded when the Customer receives confirmation of the acceptance of the Order for execution.
For Orders placed via email or by phone, the Seller immediately confirms the content of the prospective Contract by sending an email to the address provided by the Customer, containing at least the following information:- Name and address of the Customer,
- Name and price of the Product,
- Quantity of the given Product,
- Payment method and deadline,
- Delivery method, timeframe, and costs,
- The content of the Terms and Conditions.
The confirmation mentioned above constitutes an offer binding on the Seller for two business days from the moment the Customer receives it. If, within this timeframe, the Customer informs the Seller of their acceptance of the proposed Contract’s content, the Contract is concluded upon the Seller’s receipt of this information.
After concluding the Contract and before its execution, the Seller sends an email to the Customer containing confirmation of the Order, indicating at least:
- The parties to the Contract,
- Name, price, and quantity of the Ordered Product(s),
- Payment method and deadline,
- Delivery method, timeframe, and costs,
- The total price to be paid,
- The existence and terms of the Product warranty, and
- The Terms and Conditions with attachments.
DELIVERY
The Seller delivers the Products covered by the Order to the address provided by the Customer during the Order process.
If there are any delivery restrictions, the Seller provides clear and readable information about such restrictions on the Store’s website.
The Customer can choose the following delivery methods for the ordered Products:- Via courier companies such as DHL, InPost
- The Seller’s own transportation
- Personal collection at the physical store
The Seller informs the Customer on the Store’s website about the Order fulfillment time and the delivery costs.
The Order fulfillment time is calculated in business days. The timeframe begins on the day the payment is received, or if payment is to be made upon delivery, on the day the Contract is concluded. The timeframe ends on the day the Products covered by the Order are handed over to the Customer.
If different Products within the same Order have varying fulfillment times, the longest timeframe among those indicated applies to the entire Order.
The Customer receives a receipt or invoice along with the Product, as chosen during the Order process.PRICES AND PAYMENT METHODS
The prices of Products displayed on the Store’s website include all components, including VAT.
The Customer can choose the following payment methods for their Order:- Bank transfer to the Seller’s account
- Paypal (in the process of verification)
- Card payment (in the process of verification)
- Cash payment upon personal collection
- Cash on delivery
The Customer is obliged to pay for the ordered Product, including delivery costs and any additional fees indicated on the Store’s website, within 2 days of placing the Order unless cash-on-delivery payment is selected.
VIII. COMPLAINTS AND WARRANTIES
The Seller undertakes to deliver Products to the Customer that are free from defects as defined by the provisions of the Civil Code.
The Seller is liable to the Customer, including a Customer who is a Consumer, under warranty for defects on the terms set out in Articles 556–576 of the Civil Code.
Complaints arising from violations of the Customer’s legally guaranteed rights or based on the Terms and Conditions may be submitted to the Seller:- By mail:
Address: ul. Marszałka Józefa Piłsudskiego, No. 13/15, Suite 16, 42-202 Częstochowa, Poland - By phone:
Phone number: +48 513319496 - By email:
Email address: kontak@toczesc.pl - Via the contact form available on the online store.
The Seller commits to resolving complaints within 14 days.
If a complaint is incomplete, the Seller will request the Customer to provide the missing information within 7 days of receiving the request.Complaints related to the use of the Store, the Services provided within it, or its functionalities may also be submitted to the Seller using the methods outlined in point 3 above. The complaint should include the complainant’s name, correspondence address, the nature of the issue, and a description of the problem.
For complaints related to the Services mentioned in point 6 above, the Seller will address them within 30 days.
Products presented in the online store may come with a warranty provided by the manufacturer, the Seller, or the importer. If a Product is covered by a warranty, information about the warranty’s existence, terms, and duration is provided in the Product description on the Store’s website.
VIII. OUT-OF-COURT DISPUTE RESOLUTION METHODS
Any disputes arising from the Agreement or the provision of Services in the online store may be resolved through mediation or arbitration.
A Customer who is a Consumer has the following options for out-of-court dispute resolution and claims processing:
- They have the right to apply to a permanent consumer arbitration court operating at the Trade Inspection for resolution of a dispute arising from the concluded agreement.
- They have the right to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller.
- They can obtain free assistance in resolving disputes between the Customer and the Seller by contacting a local (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- They can submit a complaint via the EU Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
DATA PROTECTION
The Seller may collect personal data provided by the Customer, especially data submitted during order placement and for its execution.
Personal data collected by the Seller is processed in compliance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Act of July 18, 2002, on providing services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended).
The Seller takes all necessary measures to ensure the privacy of the data provided to them, implementing appropriate physical, technical, IT, and organizational measures.
The Seller processes personal data solely based on authorization to process data and only for the purpose of fulfilling the Order or Service, data archiving, and other purposes specified in the Terms and Conditions.
Providing personal data by Customers is voluntary. Customers have the right to access, correct, or request the deletion of their data. The Seller may refuse to delete a Customer’s data only if the Customer has violated applicable laws or the Terms and Conditions of the online store, and retaining the data is necessary to determine the Customer’s liability and the circumstances of such a violation.
For the execution of an Order or certain Services, the Seller may entrust the Customer’s personal data to third parties, including:
- A transport company,
- An IT company,
- An accounting firm.
FINAL PROVISIONS
All rights to the online store, including intellectual property rights to the name, domain, website, and logo, belong to the Seller. These may only be used in accordance with the Terms and Conditions.
For any matters arising from agreements concluded between the Seller and a Customer who is not a Consumer, Polish law will apply.
Disputes between the Seller and a Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller’s registered office.
The Seller is obligated to notify the Customer of any changes to these Terms and Conditions:
- On the homepage of the online store, and
- By email to the provided email address, if the Customer has an Account or has subscribed to receive commercial information.
The notification will include a summary of the changes and the effective date, which will not be shorter than 14 days from the date of the notification.