Terms and Conditions
In order to implement the normative obligations incumbent on the entrepreneur in connection with the offer of concluding distance contracts, these regulations are introduced. These regulations are in accordance with the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827), as well as other normative acts regarding the conclusion of distance contracts. These regulations do not exclude the right to determine provisions by way of individual arrangements (negotiations) with TOM-GAST Tomasz and Agnieszka Wozniak General Partnership, based in Lodz
TERMS USED IN THE REGULATIONS (GLOSSARY)
1. Online shop - online store available at the Internet address: www. tomgast.pl;
2. Client - a natural person with a full or limited legal capacity to perform legal acts, legal person or organizational unit without legal personality but to whom an act has granted a legal capacity using the online store tomgast.pl and, in particular ,making purchases;
3. Consumer - a client who is a natural person concluding a contract in the Online Shop 100x100chef.pl without direct relation with his business or professional activity (in accordance with Article 221 of the Act of 23 April 1964. Civil Code (Journal of Laws 1964.16.93);
4. Seller (entrepreneur) - TOM-GAST Tomasz and Agnieszka Wozniak General Partnership, based in Lodz, address: ul. Beskidzka 123/125, 91-610 Lodz; who uses the NIP 729-22-96-487, REGON 471703159, and entered into the Register of the National Court Register by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Department of National Court Register under the number 0000195960 who uses the phone number +48 42 674 85 87 and e-mail address firstname.lastname@example.org
5. Buyer - a client and a consumer including who concludes a contract at a distance via the store tomgast.pl;
6. A contractual party - a party to the Agreement is a buyer or seller;
7. Agreement - a distance agreement of sale concluded via the store tomgast.pl following an order placed by the Customer;
8. The distance contract- a contract concluded between a trader and a consumer, without the simultaneous physical presence of the parties using one or more means of distance communication until the contract is concluded
9. The sales contract - a contract of sale of goods concluded between the Seller and the Buyer via the Online Store tomgast.pl;
10. The subject of the agreement / object of the agreement-Products ordered by the Buyer via the online store tomgast.pl, the scope of the agreement also includes services of the delivery of a product by the Seller, if the Buyer chooses one of the offered by the Seller forms of product delivery;
11. Regulations - these Regulations, including the annexes; define the principles of the use of the online store tomgast.pl, placing orders of products available at online store Tomgast.pl, delivery of ordered products to the customer, payment of purchase price by the customer for goods, the right of the customer to withdraw from the contract and the rules for submitting complaints and handling complaints.
12. Order - an offer made by the Buyer via the online store of a contract of sale within the meaning of art. 66 and 661 of the Act of 23 April 1964. Civil Code (Journal of Laws 1964.16.93);
13. Shopping Cart - the functionality of an online store Tomgast.pl, where selected by the customer to buy products are visible and allows the customer to determine and modify the order data, in particular, the number of products, delivery address, VAT invoice data, , the method of delivery and payment.
14. Item- every single thing presented in the online store Tomgast.pl;
15. Product card - a single sub-page in the online store Tomgast.pl containing information about a single product.
16. Product information - information located at the image of the product, which is a description of the main features and characteristics of the product and enables the Buyer to familiarize himself with the features and characteristics of the product;
17. Proof of Purchase - VAT invoice or Receipt, depending on the Buyer’s indications;
18. Form of delivery - a form of delivery of the ordered product, chosen by the Buyer while placing an order or through individual arrangements conducted with the Store in a form other than forms of delivery presented on the website;
19. The place and time of delivery - the place of delivery is the place indicated by the Buyer in the placed order to which purchased by the Buyer product is to be delivered; the time of delivery is the moment when the buyer or a third person authorized to receive the product which is the object of the agreement comes into possession of the goods;
20. Defect - the legal or physical defect of a purchased product within the meaning of Article 560 and the following Act of 23 April 1964. Civil Code (Journal of Laws 1964.16.93);
21. Attachments - model of withdrawal form;
1. These regulations specify the terms and conditions of use of the online store tomgast.pl, as well as the rules for placing orders for products available at online store tomgast.pl, delivery of ordered products to the customer, the payment of purchase price for products, specify the right to withdraw from the contract and the rules for the submission and consideration of complaints.
2. The owner and administrator of the online store tomgast.pl available at www: http://tomgast.pl/ is TOM-GAST Tomasz and Agnieszka Wozniak General Partnership, based in Lodz, at the following address: ul. Beskidzka 123/125, 91-610 Lodz; using tax identification number (NIP )729-22-96-487, REGON 471703159, and entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Department of National Court Register under the number 0000195960 who use the phone number +48 42 674 85 87, and the e-mail address email@example.com;
3.Online Store tomgast.pl allows concluding retail sale contracts of presented items through a global internet network;
4. All the products that are offered in the online store are new and free of physical and legal defects and have been introduced into the market in accordance with the laws in force in the Republic of Poland.
5.The seller provides the buyer with products free of physical and legal defects;
6. Communication with the seller made by the buyer results in the Buyer incurring costs that arise from the contracts concluded by the buyer with third parties. The seller does not charge any additional fees or benefits for the ability to communicate with him;
7. This Regulation does not exclude the right to negotiate the provisions of the agreement by individual agreement(negotiations) with TOM-GAST Tomasz and Agnieszka Wozniak General Partnership, based in Lodz.
8.The content of the Agreement shall be recorded in accordance with the applicable regulations and made available to the buyer on a durable medium in order to guarantee the buyer the possibility of referring to it if necessary.
9. The provisions of these regulations are aimed at guaranteeing the rights serving the buyer, in particular they are not intended to exclude or limit any rights of the buyer being a consumer, he is entitled to under the generally applicable provisions of law. In the event of a conflict between the provisions of these Regulations and any provision of generally applicable law, the provisions of generally applicable law shall prevail.
10. In matters not covered by these Regulations, the applicable law applicable on the territory of the Republic of Poland shall apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), The Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827).
11. The provisions contained in the law applicable on the territory of the Republic of Poland shall apply to contracts concluded via the tomgast.pl online store.
12. In the event of a dispute between the Seller and the Buyer who is also a consumer, the consumer is entitled to an amicable settlement of the matter by applying to:
• the District Consumer Ombudsman,
• the Regional Inspector of Commerce,
• the Provincial Inspectorate of Trade Inspection
• the permanent arbitration Consumer Court,
or by mediation.
Moreover, the consumer is entitled to free assistance in the settlement of a dispute with the Seller at the Consumer Federation, using the free consumer hotline at telephone number 800 007 707.
PLACING ORDERS AND ENTERING INTO SALES CONTRACT
1.The product information presented on the website (product card) at tomgast.pl does not constitute an offer within the meaning of Article. 66 and 661 of the Civil Code - the Act of 23 April 1964 Journal of Laws No. 16, item. 93, as amended and is only an invitation to enter into a contract of sale within the meaning of Article. 71 of the Civil Code - the Act of 23 April 1964 Journal of Laws No. 16, item. 93, as amended.
2. The product prices presented on the website (product card) at tomgast.pl are given in Polish zloty and include VAT tax
3.The product prices presented on the website (product card) do not include costs of delivery, which depend on the form of delivery chosen by the Buyer and the size of the contract. The Buyer can find information about the costs and methods of delivery on the Product card of each product and on the page of the Buyer's cart where all the selected products and the form and cost of delivery can be seen.
4. The Buyer may place orders constituting an offer within the meaning of art. 66 and 661 of the Civil Code - the Act of 23 April 1964 Journal of Laws 1964 No. 16, item. 93, as amended addressed to the Seller any day of the week twenty-four hours a day.
5. Placing an order requires the User to:
- log on to the online store tomgast.pl;
- select the product on the product page and confirm by pressing the „shopping cart";
- choose the form of delivery;
- choose the form of payment;
- provide information about the recipient of the product and the address to which the product is to be delivered;
- provide data for the invoice, if the client is expected to be issued a VAT invoice;
- approve the order by pressing the button „order and pay," on the shopping cart page.
6. After placing an order the Buyer receives the confirmation of the receipt of the order via e-mail. The confirmation is sent to the e-mail address indicated by the Buyer when placing the order. The confirmation of receipt of the order does not constitute the acceptance of the order by the Shop. The information about the acceptance or refusal of the order is sent no later than the next working day after receipt of the order to the email address of the Buyer specified when placing the order. Confirmation of the acceptance of the order constitutes the acceptance of the offer. The sales contract is concluded the moment the Store accepts the order
7.Products are shipped to the buyer no later than within 3 working days from the date of payment made by the Buyer or the choice of another form of payment.
8. The products are shipped to the address indicated by the Buyer in the order. If the Buyer provides an incorrect or inaccurate address, the seller is not liable for non-delivery or delay in the delivery of products.
9. Deliveries are carried out by the Seller only on the territory of the Republic of Poland
10.The buyer can choose the following forms of payment:
prepayment - transfer of funds to a bank account No. 56175010930000000010359961 Tom-Gast Sp. J., specifying the title of payment and giving the order number
cash on delivery
payment via the service system PayU - including Mastercard, VISA, quick transfers
cash payment upon personal collection of goods
for government or self-government administration bodies or their budgetary establishments or auxiliary units, the Seller may grant the so-called deferred payment date, after prior agreement between the Buyer and the Seller - until the full payment is due, the product is the property of the Seller.
11. If within 14 days of you placing your order payment is not made, the order will automatically expire.
12. The order is sent by courier. Shipping cost: - if the value of the ordered products is below PLN 200 (net)the cost of delivery is PLN 16.26 (net) - if the value of the ordered products exceeds PLN 200 (net), the shipping costs are borne by Tom-Gast.
13. If the Seller cannot perform the service due to the fact that the product is not available, immediately, but at the latest within thirty days from the conclusion of the Agreement, will notify the Buyer who will decide on the further fate of the order placed by him.
WARRANTY AND COMPLAINTS
1.The Seller is liable to the Buyer for physical and legal defects of the item sold.
2. If a product has a physical or legal defect the customer has the right to place a complaint and exercise the powers provided for in the event of defects of things pursuant to article 556 and the subsequent ones of the Civil Code
3. The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the address of the complaint
4. The place to file a complaint is the Complaint Department, ul. Beskidzka 123/125; 91-610 Łódź.
5. Complaints may be submitted:
- by phone at 42 674 85 87
- - electronically to the e-mail address of the seller: firstname.lastname@example.org
- - in person in the Complaints Department, ul. Beskidzka 123/125 Łódź 91-610;
- - in writing, by sending a complaint to the address of the Seller's Complaint Department, ul. Beskidzka 123/125 Łódź 91-610
6. When filing a complaint the client should provide data for identification, a short description of the reasons justifying the submission of the complaint, the date of establishing that the product is defective. Along with the notification of complaint the customer should send the Seller the product which is the subject of the complaint.
7.The Seller shall respond to the customer notification, together with the position with regard to the requests contained in the complaint within 14 days from the date of receipt of the complaint.
8. The response to the complaint is sent in an electronic form to the e-mail address or in writing to the address provided in the complaint.
RETURNS -RIGHT OF WITHDRAWAL FROM THE CONTRACT WITH THE SELLER
1. In accordance with the Article 27 of the Law on Consumer Rights (Journal of Laws 2014 item 827), any Consumer who has entered into a distance contract agreement for the sale of the product through the online store may within 14 days withdraw from it without giving any reason and at no cost, with the exception of the costs referred to in Article 33, Article 34, paragraph. 2 and Article 35 of the Law on Consumer Rights.
(Journal of Laws 2014 item 827).
2. The fourteen-day period for withdrawal begins with the product being taken over by the consumer or a third party appointed by him, other than the carrier, and in the case of a contract that includes many products that are delivered separately, in batches or in parts - from the possession of the last product, lot or part.
3 A consumer may withdraw from a contract by submitting a statement. The statement may be sent electronically or in writing.
4. To comply with the fourteen-day deadline, it is sufficient to send a statement of withdrawal before its expiry to the e-mail address (email) email@example.com or by mail to the following address: Tom-Gast Tomasz and Agnieszka Woźniak Spółka Jawna ul. Beskidzka 123/125, 91-610 Łódź.
5. The statement may be submitted on an Attachment 1 form attached hereto and which has been sent to the consumer along with the product, and is also available on the store’s website tomgast.pl.
6. The seller shall immediately send the consumer a confirmation of receipt of the statement of withdrawal submitted electronically on a durable medium. Confirmation of the withdrawal from the contract is sent to the e-mail address provided by the consumer in the order or another address indicated by the consumer in the declaration of withdrawal as appropriate to send confirmation of receipt by the seller of the withdrawal from the contract.
7. In the event of withdrawal from the Sales Agreement, the Agreement is considered null and void and if a consumer filed a statement of withdrawal from the contract before the seller accepted his offer, the offer ceases to be binding.
8. In the event of withdrawal from the Sales Agreement, Consumer is obliged to return the product or products immediately, not later than 14 days, from the date of withdrawal from the contract.
9. The consumer bears only the direct costs of returning the product or products covered by the contract from which he has withdrawn.
10. The consumer is liable for a decrease in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
11. The Seller, immediately, but no later than 14 days from the date of receipt of the statement of withdrawal from the Consumer, shall return all payments made by the Consumer, including the cost of delivery of the product to the Customer. The Seller shall refund the payment using the same method of payment used by the Consumer unless the Consumer has expressly agreed otherwise, and for which he/she does not incur any costs. If the Consumer selects a delivery method other than the cheapest delivery method offered by the Seller, the Seller is not obliged to reimburse the consumer for the additional costs incurred.
12.The Seller may withhold the repayment of the consumer’s costs until the goods have been returned or the consumer has provided confirmation that the goods have been sent back, whichever event occurs first.
13. The consumer shall not be entitled to withdraw from an off-premises contract or from a distance contract, in relation to contracts:
1) for the provision of services where the trader has fully performed the service with the consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to withdraw from the contract upon the completion of the service by the trader;
2) which include a price or remuneration which depends on financial market fluctuations which are beyond the trader’s control and which may occur before the time limit for withdrawal from the contract expires;
3) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
4) where the performance consists of goods prone to rapid decomposition or which expire rapidly;
5) where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
6) where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
7) where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the contract of sale was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which depends on financial market fluctuations which are beyond the trader’s control;
8) where the consumer explicitly requests that the trader come to perform urgent repair or maintenance work; if the trader provides additional services other than the ones requested by the consumer or delivers goods other than spare parts essential for the performance of the requested repair or maintenance work, the consumer shall be entitled to withdraw from the contract in relation to those additional goods and/or services;
9) where the performance consists of audio or video recordings or computer programmes delivered in closed packaging bearing a seal, if the packaging was opened after delivery;
10) for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
11) concluded by means of a public auction;
12) for accommodation services other than for residential purposes, transportation of goods, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service;
13) for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon the consumer’s explicit consent before the time limit for withdrawal from the contract expires and after the consumer is notified by the trader of the loss of the right to withdraw from the contract.
1. The Seller - Tom-Gast Tomasz and Agnieszka Woźniak Spółka Jawna with its registered office in Łódź, ul. Beskidzka 123/125, 91-610 Łódź is the administrator of the client's personal data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended).
2. The seller collects and processes customer data to the extent necessary for the proper performance of the contract and to place orders, consider complaints, settlements, as well as for archival purposes.
3. The seller is entitled to process the following customer's personal data: - name and surname; - address; - Phone number; - e-mail address.
4. The seller ensures the security of the client's personal data, in particular by applying protective measures necessary to maintain the security of personal data being processed. As regards the protection of personal data, the seller fulfills all normative requirements resulting from the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended).
5.The Seller applies collateral to prevent unauthorized persons from accessing, obtaining and disclosing personal data of clients.
6.Customers’ personal data is stored on the server.
7.The customer has the right to access his data and modify them.
8. Providing the data is voluntary, but necessary to place an Order.
9.The customer's e-mail address may be used by the seller to send commercial information only after expressing separate consent by the buyer. Expressing consent is voluntary and is not a condition for placing an order.
10. The Seller declares that he is entitled to descriptions, photographs, drawings, sketches on the website at www.tomgast.pl. Contents contained on the page tomgast.pl including, in particular, all descriptions, photographs, drawings, sketches can not be used without the seller's consent in writing, in particular they may not be reproduced, modified, transmitted or published in whole or in part.
11. The provisions of Polish law apply to contracts concluded between the seller and the buyer.
12. These regulations become effective since December 24th 2014