Умови використання
I. Definitions used.
1 Store - online store available at tvoe.pl through which the Buyer can purchase Goods available in the Store.
2. seller - Krystyna Hulets kristina@tvoe.pl tel +48 786 809 355 Wrocław 54-234 Białowieska 101/59 NIP 8943215913
3. personal data administrator - the entity that decides about the purposes and means of data processing. The administrator of Buyers' personal data is the Seller.
4. Online Store Regulations - these Regulations for the provision of electronic services, specifying the rules for the use of the Store and for ordering Goods available in the Store.
5. Privacy Policy - a document describing the purposes and means of processing personal data, as well as the rights of data subjects.
6. Consumer - an adult individual with full legal capacity, making a purchase at the Seller not directly related to his/her business or professional activity.
7. Customer - a natural person of full legal age who has the capacity to perform legal actions, a legal person or an organizational unit without legal personality, but with the capacity to perform legal actions, making a purchase at the Seller directly related to its economic or professional activity.
8. Customer-Consumer - an adult natural person making a purchase at the Seller directly related to his/her business, when the purchase is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
9. Buyer - both Customer, Customer-Consumer and Consumer.
10. Order - a declaration of intent made by the Buyer aimed directly at concluding a contract with the Seller by completing and submitting an electronic purchase form available on the Store's website, including reading the Rules and Regulations of the online store and accepting their contents.
11.Goods - all movable items available in the Store.
12.Durability of goods - the ability of goods to retain their functions and properties in the course of ordinary use.
13. complaint - a mode of claiming liability from the Seller in connection with non-compliance of the Goods with the contract.
14. warranty - a voluntary statement regarding the quality of the Goods made by the Guarantor, Indicates the obligations of the Guarantor and the rights of the Buyer in case the sold goods do not have the properties specified in the warranty statement. Guaranteed goods will be accompanied by a warranty statement of the Guarantor.
15. Guarantor - the entrepreneur who submitted the warranty statement, such as the manufacturer, importer, distributor of the Goods or the Seller.
16. account - one of the services provided electronically in the Store by the Seller. The Buyer may voluntarily register with the Store, in particular for further use of the Store's services, saving Goods to favorites or viewing the history of Orders carried out in the Store.
17. Newsletter - one of the services provided electronically in the Store by the Seller, consisting in sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer's prior consent.
II. General provisions
1. Prices quoted by the Seller are expressed in Polish zloty (PLN) and are gross prices.
2. The Seller does not apply individual price adjustment on the basis of automated decision-making.
3. The Seller is a VAT taxpayer.
4th The Seller shall issue VAT invoices / fiscal receipts.
5 The desire to receive a VAT invoice must be notified to the Seller at the stage of placing the Order.
6th Delivery of Goods is not limited only to the territory of the Republic of Poland.
7. the Buyer shall be obliged to use the Goods offered by the Seller in a manner consistent with the laws in force in the territory of the Republic of Poland, in accordance with the provisions of the Regulations, as well as not to provide content prohibited by generally applicable laws.
8. All Goods offered by the Seller in the Store are new.
9. The Buyer is obliged to familiarize himself with the technical requirements necessary to use the Store, contained further in the Regulations (Technical requirements).
III. Forms of payment.
1. The Seller provides the following forms of payment:
a) traditional transfer to the Seller's account No.: 55 1140 2004 0000 3202 8390 4792 M Bank within 2 calendar days from the date of placing the Order.
b) online payment - online prepayment by bank transfer or Visa, Mastercard through an external payment system :
Przelewy24 PayPro SA ul. Pastelowa 8, 60-198 Poznań NIP: 779-236-98-87REGON: 301345068 District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Wydz. Gospodarczy Krajowego Rejestru Sądowego Nr KRS 0000347935, amount of share capital: PLN 5,476,300.00, paid in full
PayPal Company PayPal (Europe) S.à r.l. et Cie, S.C.A. CSSF Headquarters: 283, route d'Arlon, L-1150 Luxembourg.
Contact information:E-mail address: zapytanie@paypal.com
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulavard Royal
L-2449 Luxembourg
Commercial register number: R.C.S. Luxembourg B 118 349
VAT number: LU22046007
Stripe Payments Europe,
Limited 3 Dublin Landings, North Wall Quay, Dublin 1,Dublin,Ireland
(VAT number: IE 3206488LH)
IV. Conclusion of a contract of sale.
1. In order to make a purchase in the Store, it is necessary to enter the Store's website, i.e. tvoe.pl, and then select the Goods, following the information displayed on the Store's website.
2. In order to make a purchase, it is necessary for the Buyer to perform the following actions:
a) adding the selected Goods to the shopping cart,
b) filling in the order form with such data as the Buyer's name or surname,
c) providing an e-mail address to which confirmation of the conclusion of the sales contract will be sent,
d) indicating the data for issuing a bill or invoice, if the Buyer wishes to receive one, including providing other data for billing, such as Tax Identification Number, name of the entity to which the invoice or bill is to be issued,
e) selection of the form of payment,
f) acceptance of the Store's regulations,
g) confirmation of the will to conclude a contract, including the selection of the button "Order with obligation to pay" or of equivalent content.
3. After the Buyer has provided all the data necessary to place an Order, a summary of the Order will be displayed.
4. The Order sent by the Buyer is the Buyer's statement of intent to conclude a contract of sale with the Seller, in accordance with the provisions of these Regulations.
5. After placing an Order, the Buyer will receive a message confirming the Order, which constitutes a statement of will of the Seller to conclude a contract of sale with the Buyer including the Goods. The contract of sale shall be deemed concluded upon receipt by the Buyer of the message from the Seller.
6. The Seller shall provide the Buyer with confirmation of the conclusion of a remote contract on a durable medium, in particular in the form of the Terms and Conditions of the Online Store saved in PDF form, on the basis of which the contract was concluded, within a reasonable time after its conclusion, at the latest
V. Order processing time and delivery of Goods.
1. The Seller shall execute placed Orders for Goods within 2-10 business days. counting from the next day on which the Seller receives payment.
2. Working days means days from Monday to Friday, except for public holidays.
3. The term of execution of the Order does not include the time of delivery of the Goods, which depends on the method of delivery chosen by the Buyer.
4. The cost of delivery of the Goods shall be communicated to the Buyer before the Buyer sends the Order.
5. The cost of delivery is related to the Buyer's choice of delivery method.
6. The Buyer has a choice of several delivery method options, including
- Inpost parcel machine 1-3 business days,
- Inpost courier 1-3 business days,
- DPD courier 2-3 business days,
- GLS international 4-10 business days
- FedEx international 4-10 business days
- DHL international 4-10 working days
- UPS 4-10 working days
7. Delivery of goods is carried out in the Republic of Poland and abroad.
8. If, upon receipt of the Goods, the Buyer finds mechanical damage to the contents of the shipment, incompleteness of the shipment, inconsistency of the contents of the shipment with the subject of the Order, he is entitled to refuse to accept the shipment and immediately notify the Seller of the situation. If possible, the Buyer may, in case of damage, draw up a damage report in the presence of a representative of the supplier (e.g. courier). This will speed up the complaint procedure, but is not necessary to assert claims.
VI. Withdrawal from a contract concluded at a distance.
1. The Consumer and the Customer-Consumer shall have the right to withdraw from a contract concluded at a distance without giving any reason and without incurring costs, except for the costs indicated further in the Terms and Conditions.
2. Exceptions to withdrawal from the contract are indicated further in the Terms and Conditions, i.e. Exceptions to withdrawal from the contract.
3. The time limit for withdrawal from a contract concluded remotely is 14 days, counting from the day after the Consumer or the Customer-Consumer or a third party other than the carrier designated by him, takes possession of the Goods.
4. When the contract involves multiple goods that are delivered separately, in batches or in parts - the period for withdrawal from the contract is calculated from taking possession of the last good, its batch or part if the contract involves the regular delivery of goods for a fixed period - from taking possession of the first of the goods.
5. The Consumer or Customer-Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods
6. declaration of withdrawal from the contract can be sent to the e-mail address: info@tvoe.pl of the Seller.
7. the Consumer or Customer-Consumer may use the model Form of withdrawal from the contract, provided by the Seller or use Appendix No. 2 to the Law of May 30, 2014 on Consumer Rights.
8. The Consumer or Customer-Consumer may also draft a letter of withdrawal in his own hand, stating:
a) identification and address data of the Consumer or Customer-Consumer,
b) the name or symbol of the returned Goods,
c) the date of receipt of the Goods by the Consumer or Customer-Consumer,
d) bank account number or other method of reimbursement of the Goods by the Seller.
9. The Seller shall immediately send the Consumer or Customer-Consumer an acknowledgement of receipt of the statement of withdrawal to the e-mail address provided by the Consumer or Customer-Consumer.
10. In the event of withdrawal from the contract, the contract shall be considered not concluded.
VII. Exceptions to withdrawal from the contract.
- In accordance with Article 38 of the Act of May 30, 2014 on Consumer Rights, the Consumer and the Customer-Consumer shall not have the right to withdraw from the contract:
(a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
c) in which the subject of the performance is a non-refabricated good, manufactured to the consumer's specifications or serving to meet his individualized needs; and
d) in which the subject of performance is goods that are perishable or have a short shelf life;
e) in which the subject of the performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
f) in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
g) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
h) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
i) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
j) for the supply of newspapers, periodicals or magazines, except for a subscription contract;
k) concluded through a public auction;
l) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
m) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.
Goods that are returned are those that:
1. bears no traces of use, has not been contaminated
2. has not been damaged in any way,
3. has originally attached all permanent markings, in particular, undamaged labels and tags, with which the Seller provided the goods and which do not bear traces of removal or reattachment,
4. it is in its original intact packaging, if it was provided with such packaging,
5. swimsuits, if they have undamaged protective inserts (swim bottoms). If a returned item does not meet the stated return conditions, the refund will be refused and the item may be sent back to the customer at their expense. TVOE is not responsible for covering return shipping costs for items that do not comply with the return polisy.
VIII. Return of funds and return of the Goods after withdrawal from the contract concluded at a distance.
1. The Seller shall return the funds paid by the Consumer or Client-Consumer within 14 days of receipt of the Consumer's or Client-Consumer's statement of withdrawal from the agreement, using the same method of payment used by the Consumer or Client-Consumer, unless the Consumer or Client-Consumer agrees to a different method of refund.
2. The Seller may withhold reimbursement of funds received from the Consumer or Client-Consumer until the Goods are received from the Consumer or Client-Consumer or until the Consumer or Client-Consumer provides proof of return of the Goods.
3. The Consumer or Customer-Consumer shall return the Goods immediately.
4. Returns of the Goods should be addressed to the Seller's registered address: Poland
Wroclaw 54-234, Białowieska 101 / 59.
X. Consumer rights in case of non-compliance of the Goods with the contract.
1. The Seller undertakes to deliver Goods in accordance with the contract.
2. The Goods are compatible with the contract in particular if:
a) its description, type, quantity, quality, completeness and functionality, in particular, remain consistent with the contract;
b) it is suitable for the purposes for which goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
c) it exists in such quantity and has such characteristics, including durability and safety, as are typical for goods of this type.
3. In the case of non-conformity of the Goods with the contract within 2 years from the date of delivery of the Goods, the Consumer and the Customer-Consumer shall have the right to demand replacement or repair of the Goods, and in the event of the inability or refusal to bring the Goods thus into conformity with the contract, to demand a price reduction or to withdraw from the contract of sale of the Goods.
4. Complaints may be submitted in any form. For evidence purposes, the Seller recommends that complaints about the Goods be sent in writing or by e-mail, to the Seller's e-mail address.
5. Each complaint should include at least:
a) name, address, postal code,
b) the name of the purchased Goods,
c) description of the complaint,
d) the date on which the non-conformity of the Goods with the contract became apparent,
e) confirmation of purchase from the Seller (depending on the circumstances, you can provide one of the following: proof of purchase, order number, payment confirmation, e-mail confirming acceptance of the Order by the Seller, etc.).
7. The Seller shall consider the complaint immediately, no later than within 14 days from the date of its receipt, sending a response to the address indicated by the Consumer or Customer-Consumer, including e-mail address, allowing him to review the position of the Seller.
8. The Seller shall reimburse the Consumer or the Customer-Consumer the cost of returning the advertised Goods, immediately after considering the complaint of non-conformity with the contract.
9. The Seller shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the term of usefulness of the goods, as determined by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer.
10. The non-conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the goods, shall be presumed to have existed at the time of delivery of the goods, unless the contrary is proven or this presumption cannot be reconciled with the specifics of the goods or the nature of the non-conformity of the goods with the contract.
11. The Seller shall repair or replace the goods within a reasonable time from the moment it was informed by the Consumer or Customer-Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer or Customer-Consumer, taking into account the specificity of the goods and the purpose for which the goods were purchased.
12. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
13. The Consumer or Customer-Consumer shall make the goods subject to repair or replacement available to the Seller.
14. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract.
15. In assessing the excessive cost to the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the Consumer or Customer-Consumer arising from the change in the manner of bringing the goods into conformity with the contract.
16. The Seller shall not be liable for non-conformity of the Goods with the contract if it has expressly informed the Consumer or the Client-Consumer that a particular feature of the Goods deviates from the requirements of conformity with the contract, and the Client-Consumer or the Client-Consumer, at the latest at the time of conclusion of the contract, has expressly and separately accepted the lack of a particular feature of the Goods, in particular by clicking the appropriate box confirming acceptance on the Order form or in the form of an e-mail sent to the Seller confirming such acceptance.
17. If the Goods are inconsistent with the contract, the Consumer or Customer-Consumer may submit a statement of price reduction or withdrawal from the contract when:
a) The Seller refused to bring the goods into conformity with the contract due to impossibility or excessive costs,
a) The seller failed to bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer,
b) the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
c) the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without prior repair or replacement, or it is clear from the trader's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer. 2.
18. The Seller shall return to the Consumer or Customer-Consumer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the consumer's statement on price reduction.
19. The Consumer or Customer-Consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
20. If the lack of conformity with the contract applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
21. In the event of withdrawal from the contract, the Consumer or Customer-Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or Client-Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
22. The Seller shall refund the price using the same method of payment used by the Consumer or Customer-Consumer, unless the latter has expressly agreed to a different method of return that does not involve any costs for him.
XI. Warranty.
1. Some of the Goods may be covered by a warranty provided by the Guarantor (manufacturer or distributor of the Goods).
2. If the given Merchandise is under warranty, it is accompanied by a warranty document issued by the manufacturer or distributor.
3. The warranty period and the extent of the Guarantor's liability are specified in the warranty statement and the description of the Goods or Product.
4. The rights granted under the warranty shall be independent of the rights arising from non-compliance of the Goods with the Contract.
XII. Personal data protection.
1. The administrator of personal data provided during the use of the Store is the Seller.
2. The Buyer's personal data is processed for the purpose of concluding and performing the concluded sales contract, including for the purpose of delivering the Product, on the basis of Article 6(1)(b) RODO. Providing personal data for this purpose is necessary.
3. The purposes and scope of data processing, entities to which the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy (RODO) available at tvoe.pl/polityka_prywatnosci.
XIII. Technical requirements necessary to use the Store and Products and Services.
1. In order to use the Store, it is necessary for the Buyer to have:
a) a device with access to the Internet (computer, tablet, phone);
b) properly configured web browser that supports cookies - Microsoft Edge, Opera, Mozilla Firefox, Safari, Google Chrome (recommended Mozilla Firefox version minimum 24.0, Opera version 10 and above, Google Chrome version 28.0 or later), which provides support for cookies and JavaScript. It is acceptable to use other versions of web browsers if they provide full compatibility with the versions listed above.
c) an active and properly configured e-mail account that allows the Buyer to receive e-mail messages.
2. For the safety of using the Store, it is recommended that the device used by the Buyer should have, in particular:
a) an up-to-date anti-virus system,
b) an effective security firewall,
c) installed available updates to the operating system and web browser that relate to security,
d) activated function for accepting cookies and JavaScript in the web browser,
e) software capable of reading files in .PDF/.DOC/.XLS format.
3. the Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Regulations of the Online Store, as well as not to provide content prohibited by generally applicable laws.
4) The Seller shall not be responsible for the Buyer's failure to comply with the technical requirements presented above necessary for cooperation with the information and communication system he uses. In particular, this refers to cases when the Buyer has misconfigured or has not configured an e-mail account at all, and because of this, e-mails from the Buyer to the Seller or from the Seller to the Buyer do not arrive.
XIV. Registration in the Store and creation of an Account.
The Buyer in the course of making an Order may register with the Store.
1. The creation of an Account is voluntary.
2. Account allows you to view the history of Orders, saving products to favorites, as well as accelerates the placement of future orders by automatically saving the Buyer's data on the Order form.
3. During the registration of the Account, the Buyer provides his identification and address data, as well as his e-mail address and creates his own password.
4th The Buyer is obliged not to disclose the login data to the Account of the Store to third parties.
5th Buyer who has registered terminates the contract for the provision of services electronically by independently deleting the Account by submitting an instruction to remove it or by requesting removal of the Account to the Seller, whereby in the case of requesting removal of the Seller's Account, termination of the contract occurs after a notice period of 7 days.
6. The Seller, wishing to terminate the agreement for the provision of services by electronic means relating to the Account shall inform the Buyer at the e-mail address provided by the Buyer during registration, within 14 days before the planned date of removal of the Buyer's Account.
XV. Newsletter
1. The Buyer during the execution of the Order, as well as independently of it, may subscribe to the Seller's Newsletter.
2. The Newsletter consists of sending marketing information electronically by the Seller to the e-mail address provided by the Buyer, with the Buyer's prior consent.
3. The Buyer, in order to effectively subscribe to the Newsletter, is obliged to correctly provide the e-mail address to which the information is to be sent and confirm the subscription.
4. Confirmation of subscription takes place after the subscription. It consists in confirmation of the subscription by the Buyer by logging into the mailbox of the provided e-mail address and clicking on the activation link placed in the confirmation message.
5. The Buyer may withdraw the consent given at any time using the unsubscribe option (unsubscribe), which is available in any marketing message sent by the Seller.
6. The Buyer may also contact the Seller directly to withdraw consent to receive newsletters at any time, without affecting the compatibility of processing prior to cancellation of consent.
7. the Consumer and the Customer-Consumer are not obliged to provide any services other than the provision of personal data, and such data is processed by the entrepreneur only for the purpose of performing the contract and providing the newsletter.
XVI. Proprietary copyrights
1. Exclusive rights to the content available in the Store, in particular copyright to images, names, trademarks Store, including their component graphics, software and database rights are protected by law and belong to the Seller or third parties, with whom the Seller has entered into the appropriate agreements.
2. It is prohibited to copy or otherwise use any elements of the Store without the consent of the Seller.
3. In the case of violation of copyrights to photos, names, trademarks of the Store, including their constituent graphic elements, software and database rights, the person who committed the violation (including the Buyer) shall bear the responsibility for it as provided in the provisions of copyright or intellectual property law.
XVII. ODR Platform.
1. The ODR Platform (Online Dispute Resolution - ODR) is an interactive website for Consumers and Sellers wishing to resolve disputes out of court.
2. The ODR Platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
3. Through the ODR platform, a Consumer residing in the EU, Norway, Iceland, Liechtenstein may file a complaint regarding goods or services purchased online from a Seller located in the EU, Norway, Iceland, Liechtenstein.
4. The filing of a complaint is done by filling out an electronic form and finding the appropriate entity to resolve the dispute.
5. All the institutions listed on the platform have been verified, ensuring that they meet the relevant regulations and are registered by national authorities. On the territory of the Republic of Poland, this body is - the Office of Competition and Consumer Protection (UOKiK).
XVIII. Final provisions
1. In matters not covered by these Rules of Procedure of the Online Store, the relevant generally applicable provisions of Polish law shall apply.
2. The place of performance is, in particular, the designated place to which the Seller is obliged under the contract to send the Goods to the Buyer.
3. The consumer shall have the right to refer the dispute to the entity entitled to out-of-court resolution of consumer disputes in accordance with the Act on out-of-court resolution of consumer disputes (Journal of Laws 2016.1823 of 2016.11.09) without prejudice to the possibility of bringing an action before a common court.
4. Buyers may access the Regulations of the Online Store free of charge at any time on the website of the Store and make a printout of them.
5. These Regulations of the Online Store shall come into force on the date of their publication on the Seller's website.
6. The Seller shall notify Buyers of any planned change to the Terms and Conditions by e-mail, sending the content of the amended Terms and Conditions at least 14 days prior to its coming into force, to the Buyers' addresses it holds, and, moreover, shall place a note to this effect on the Store's website, well in advance.
