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Below are the General Terms and Conditions of using the Online Shop and outlining the manner in which the Buyer enters into a contract of sale with the Seller.


Definitions:

Customer - any natural or legal person, that being any person or an organization having legal capacity to enter into contractual relationships, or any person not enjoying such capacity but being otherwise legally permitted to enter into a binding contract, for example under a statute.

Consumer - means any natural person

making a legal transaction not directly related to their business activity or profession.

Entrepreneur - means either a natural or legal person, or an organizational unit not enjoying legal personhood but having been granted legal capacity to enter into a binding contract relating to their economic activity.

Registration – a one off physical act of creating of an Online Account using registration form made available by the seller at the Online Shop website.

Online Shop – hereafter ‘the Shop’ refers to webpage shop.t4w.eu using which the buyer can enter into a contract of sale with the Seller.

Seller – hereinafter the Seller, Tomasz Konopa, PHU Thoma Tomasz Konopa,
66–300 Międzyrzecz, ul. Winnica 36,
Tax Indentification Number::596 000 02 66 REGON 210509155
 E-mail address: biuro@thoma.pl,
Mobile phone number: 0048957311162
Fax number: 0048957411162



















Chapter I
General Terms

1. Below are the Terms and Conditions outlining the general rules of using the Online Shop (available at: shop.t4w.eu), making orders for products available, methods of payment available and delivery of those goods, and Customer’s rights regarding order cancellation, withdrawing from the contract of sale, the procedure to be followed when filing a complaint, as well as the manner in which the said complaint shall be considered.

2. In order to view the products available for purchase at the Online Shop and to make an order the Customer needs;

a) An electronic device with access to the Internet and a web browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, or Opera;
b) An active e-mail account.

3. The Customer is entitled to use the Online Shop, but only in accordance with its purpose;

4. The Customer is obliged to refrain from any activities capable of having adverse effect on the proper functioning of the Online Shop. Any use of the Online Shop which goes beyond its purpose, especially spreading spam etc. is also prohibited.

5. To place an order for a particular item available at the Online Shop it is required that the Customer registers in accordance with the Terms and Conditions attached.


Chapter II
Registration

6. In order to register with the Online Shop the Customer needs to fill in the registration form, choosing a nickname, familiarize themselves with, and accept the Terms and Conditions.

7. After registration with the Online Shop, each logging in is to be dine using the nickname and password (and any additional data required) provided by the Customer when registering using the registration form.

8. To delete an Online Account from the Online Shop the Customer needs to contact the Seller requesting the account be deleted either by sending an e-mail to biuro@thoma.pl or by post.



Chapter III
Terms and Conditions of executing of the order.

9. An order for products available at the Online Shop can be placed 24 hours a day, 7 days a week.

Prior to placing an order the Customer must first register and/or log-in with the Online Shop. After making an order, the Customer must choose the following:

a) order collection;
b) payment method;
c) delivery method;
10.  Placing of an order means making an offer to enter into a contractual relationship for sale of the product chosen. After placing of an order, the Seller will send an e-mail confirmation of the order being placed to the e-mail address provided by the Customer. This order confirmation is to be treated as an acceptance of the offer to buy.

11. In case of shortage of any of the goods selected, or any other reason which renders the Seller unable to meet the order, the Customer shall be informed promptly of any such obstruction, and given a right to cancel the order.

12. The Seller does not take responsibility for any delays or failure in delivery caused due to neither incorrect nor incomplete address information provided by the Customer, as far as the law permits.

Chapter IV
Prices
13. The prices of the products available at the Online Shop are quoted in Polish currency (zloty), and include Value Added Tax (VAT) – the gross price.

14. The prices mentioned in §13 are not inclusive of the shipping costs, which are to be covered by the Customer separately. Any order exceeding value of 1000,00 zloty with the weight not exceeding 30kg, shall be covered by the Seller.

15. The final cost including the cost of delivery will be calculated after the Customer chooses the form of delivery and the method of payment.

16. The information about the final cost of the order can be accessed in the Cart after the Customer selects the form of delivery and the method of payment.

17. The Seller reserves the right to alter the price of products. Any orders placed before such change in the price are subject to previous quota, that is, the price agreed.


Chapter V  

Payment methods

18. In case of delivery within Poland, the payment options are as follows:

a) Cash on delivery – payment either upon delivery or collection of goods by the Customer;
b)  Bank Transfer;
c) Credit Card;
d) or Instalments

19. In case of delivery to any other country, the only method of payment accepted is a bank transfer or credit card.

20. Seller can arrange other terms and payment methods. In this case terms and payment methods indicated in the order confirmed by Seller obtain as accepted for processing and meeting additional requirements connected with agreed terms or method of payment



Chapter VI
Order Execution

21. The estimated time of dispatch is within 14 working days for any goods in stock unless stated differently.

22. In case of delivery within Poland, the goods are to be delivered using a delivery company of the Customer’s choosing.

23. The Seller does not take responsibility for any delays in delivery caused by neither incorrect nor incomplete information regarding delivery address provided by the Customer.

Chapter VII
Complaint Procedure

24. Seller’s responsibility regarding delivery of wrong goods shall be assessed depending on whether the goods have been obtained by:
a) A Customer;
b) Or an Entrepreneur.

25. Any complaints are to be filed within 2 (two) years from the date of purchase of the goods.

26. Any complaints shall be dealt with within 30 days (unless otherwise prescribed by statute) and the decision regarding any further action to be taken shall be communicated to the Customer.

27. Seller’s failure to contact the Customer after 30 days since the date at which the complaint had been submitted has lapsed means the complaint has been considered positively.

28. In order to speed up the process, the Customer is obliged to return the goods subject to the compliant along with a proof of purchase (such as a receipt or an invoice) to Seller’s place of business, that is:
ul. Poznańska 40a
Międzyrzecz, 66-300

29. Response to the complaint shall take a written form and be sent to the Customer’s address.

30.  Should the claim be considered positively, the Seller shall repair any faulty goods, replace them, or when replacement is not possible, the goods shall be refunded in a timely manner.

31. When positively considered, the cost of delivery incurred by the Customer shall be reimbursed by the Seller.

32. In case of the complaint being discarded, the Customer shall be informed in a written form:

a) A statement expressing the will to initiate extrajudicial proceedings (alternative dispute resolution) for customer disputes, or a consent to partake in such proceedings;
b) A declaration of refusal to participate in such proceedings;
c) Lack of a statement is to be read as a consent to participate in extrajudicial proceedings.

33. Should the parties agree to settle the claim extrajudicially, the Seller’s choice of forum in Poland and proposes the Director of the Electronic Communications Bureau as a person ligible to conduct extrajudicial proceedings – https://www.uke.gov.pl/, unless the Customer shall appoint differently.

34. The Seller also notes the possibility of using an interactive website facilitating settlement of any extrajudicial customer claims. All information available at: ec.europa.eu/consumers/odr

35. Any Customer purchasing the goods in the ordinary course of their business has a right to file a complaint according to the relevant law, though the Seller’s responsibility for physical defects under warranty is limited to the amount paid by the Customer for the good in question.

Chapter VIII
Right of withdrawal

36. Any notification of withdrawal from the contract must be made within 14 days from the day on which the goods have been received either by Customer or by an indicated third part, excluding the courier, and in the case of multi-part delivery from the date of receiving the final good, package or part. Citing the reason for returning the goods and withdrawing from the contract is not required.

37. In order to benefit from the right of withdrawal mentioned in §35, the Customer must inform the Seller of their will to withdraw; the notification must be in writing and ought to pass to the Seller. This may be done using the return form provided.

38. In order to meet the deadline mentioned in §35 it is sufficient that the written notification be send before the 14 days laps. If the Customer fails to meet the deadline, or is late in meeting the obligatory term for withdrawal the Customer shall no longer be entitled to return the goods.

39. Should the Customer withdraw from the contract, the Seller shall fully reimburse the Customer for the value of the goods, as well as the cost of delivery limited to the value of the cheapest delivery available for the given good (save for any charges arising from Customer’s choice of delivery that goes beyond what the Seller offers) within 14 days from the date on which the notification of withdrawal has been received. Refund for the goods shall be made using the same method as the original transaction.

40. The Seller reserves the right to withhold the money to be refunded until wither the goods or a proof of return of the goods have been received by the Seller.

41. Any return must be made within 14 days of the date of sending the notification of withdrawing from the contract. Any goods are to be returned to the following address:
ul. Poznańska 40a
66–300 Międzyrzecz,
Poland
Unless the Seller offers to collect the goods, or the goods are not for suitable for standard delivery, for instance, due too unusual dimension.

42. The Customer shall bear any direct costs of the return, such as the cost of packaging, handling and sending.
43. The Customer will be responsible for any faults caused by improper or incorrect handling, use, storage or maintenance of the goods.

44. Exercise of the right to withdraw is not applicable in case of any goods that are:

not pre-manufactured, but have been manufactured according to the Customer’s specifications, needs or expectations;
either prone to spoilage or with shirt expiration date;
unsuitable for return delivery due to health and hygiene safety or when protection or safety measures have been removed after delivery;
goods that have been handled or used in a manner, or for any other reason, are no longer capable of taking the original form following the delivery.

Chapter IX
Data Protection and Privacy Policy

45. The Seller shall process any personal data gathered via the website in accordance with privacy policy outlined below and the Personal Data Protection Act dated on September 29, 1997  (Dz.Ust. [Journal of Laws] No. 101, item 926, 2002)

46. Providing personal data is sorely voluntary in each and every case. On the account of the service provided by the Seller inaccurate or incomplete data provided may result in inability in obtaining the service.

47. The Seller shall only use personal data provided solely in order to enable execution of contract. The Seller shall only process personal data provided in order to:

a) execute services provided by the Seller;
b) technical needs and collecting statistical data;
c) improve the service and quality of the products;
d) develop and manage good relations with Customers;  
e) develop and manage products and services;
f) for marketing purposes of either the Seller or third parts cooperating with the Seller after; an explicit separate consent from the Customer;

48. The Seller gathers and processes following personal data:
a) Name and surname
b) Postal address
c) Correspondence address
d) E-mail address
e) Telephone or/either fax number
f) GG or/either Skype data
g) Tax Identification Number

49. By providing personal data to the Seller’s service (website), the Customer agrees to processing of any information provided by the Seller in accordance with the Terms and Conditions here stated. Any Customer has a right to access and correct any personal data stored by the Seller regarding the Customer. The Customer has also a right to request their personal data be no longer processed by the Seller at any time.

50. Any personal data collected by the Seller only be shared with third parties authorized so by law, unless the Customer explicitly agrees for the data to be shared with other parties.

Chapter X
Final Stipulations  

51.
Any terms not included in this standard contract are to be governed by Polish law, especially the relevant provisions of the Civil Code.  

52. The choice of Polish law shall not deprive neither the Customer not the Consumer the protection of the law that cannot be excluded for the reasons of business efficacy but would  otherwise be afforded by the principles of law of the country in which the Customer is a habitual resident, and the Entrepreneur

(a) is running their professional or business activity that is also the place of the Consumer’s habitual residence; or
 (b) is in any way directing his business in this country and the contract is a part of this business activity.

53. Any disputes between the Seller and a Customer who is also an Entrepreneur in connection with the agreement are to be resolved by a local court properly having jurisdiction over the Seller’s place of business.

54. The Terms and Conditions shall enter into force from NIE MOZE BYC DATA WSTECZ.!
53

The Terms and Conditions shall enter into force on December 25, 2014.