TERMS AND CONDITIONS OF TONY ONLINE STORE
1. TONY online store, available at www.tony.com.pl, is operated by TONY sp. z o.o. sp. k. with its registered office in Wrocław, 53-605, at Orląt Lwowskich 20c, entered into the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, IV Commercial Division of the National Court Register under KRS number 0000850280, with share capital of PLN 100000, NIP 8971881007, REGON 386529632.
(2) These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and sets out the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
- Consumer - a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to its business or professional activity.
- Seller - TONY sp. z o.o. sp. k. with its registered office in Wrocław, 53-605, at 20c Orląt Lwowskich Square, registered in the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, IV Commercial Department of the National Court Register under KRS number 0000850280, with share capital of PLN 100000, NIP 8971881007, REGON 386529632.
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
- Store - an online store operated by the Seller at the Internet address www.tony.com.pl.
- Contract concluded at a distance - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations - these regulations of the Store.
- Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
- Order Form - an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Shopping Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the quantity of products.
- Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
- Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
- STRIPE - an electronic payment platform, the rules and regulations of which can be found at https://stripe.com/en-pl/ssa#section_a_translation.
Contact with the Store
- Seller's address: Pl. Orląt Lwowskich 20c, 53-605 Wrocław.
- Seller's e-mail address: firstname.lastname@example.org.
- Seller's phone number: 535 425 100.
- Seller's bank account number 35109023980000000146771010.
- The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
- The Customer may communicate with the Seller by telephone between 12 and 8 pm.
- In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
- a terminal device with access to the Internet
- active electronic mail (e-mail) account,
- cookies enabled,,
- FlashPlayer program installed.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
- Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the product and the possible cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing the will to be bound by a Sales Contract.
- In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
- When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (definitive) price in advance, information on how the price will be calculated, as well as on transportation, delivery, postal and other charges, will be provided in the Store in the Product description.
Rules for placing an Order
In order to place an Order, you must:
- select the Product that is the subject of the Order, and then click the "To Cart" button (or equivalent);
- fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the "Order and pay"/click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
- select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8.3.
Delivery and payment methods offered
The Customer may use the following methods of delivery or pickup of the ordered Product:
- Postal delivery, cash on delivery,
- Courier delivery, cash on delivery,
- Personal collection possible at the address of the Seller's headquarters,
- The customer can use the following payment methods:
- Payment on delivery
- Payment by bank transfer to the Seller's account
- Electronic payment realized with the help of STRIPE platform
- Payment by credit card implemented with the help of the STRIPE platform
- Automatic electronic subscription payments implemented with the help of the STRIPE platform
- Detailed information on delivery methods and accepted payment methods can be found on the Store's website.
- Using the STRIPE platform, the Customer each time agrees to the payment terms and conditions available at https://stripe.com/en-pl/ssa#section_a_translation.
Execution of the Sales Agreement
- Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
- If the Customer chooses:
- payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
- payment in cash upon personal collection of the shipment, the Customer is obliged to make payment upon collection of the shipment within 2 days from the date of receipt of information that the shipment is ready for collection.
- payment on delivery, the Customer is obliged to make payment upon receipt of the shipment.
- If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
- In the case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
- The beginning of the term of delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
- In case the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Agreement,
- If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during placing the Order.
- In case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest date given.
- Delivery of the Product takes place within the European Union.
- The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop under the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
Right of withdrawal from the contract
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person other than the carrier designated by the Consumer.
- In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
- In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the term indicated in paragraph 1 runs from taking possession of the first item.
- The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
- The statement may be sent by traditional mail, fax or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3.
- If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Contract.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
- In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
- The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
- The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
- The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:
- in which the subject of the performance is a non-refabricated thing, produced according to the Consumer's specifications or serving to meet his individualized needs,
- in which the subject of performance is an item supplied in a sealed package, which after opening the package cannot be returned for health or hygiene reasons, if the package has been opened after delivery,
- for the provision of services, if the Seller 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 Seller will lose the right to withdraw from the Agreement,
- 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 expiry of the deadline for withdrawal from the Agreement,
- in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging is opened after delivery,
- for the delivery 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 Seller has informed him of the loss of the right to withdraw from the contract;
Complaint and warranty
- The Contract of Sale covers new Products.
- The Seller is obliged to provide the Customer with an item free from defects.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
- Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
- It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
- The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request was considered justified
- Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
- If a warranty has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Out-of-court ways of dealing with complaints and claims
- Detailed information on the Consumer's ability to use out-of-court methods of dealing with complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of county (city) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court ways of handling complaints and claims:
- The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
Personal data in the Online Store
- The administrator of Customers' personal data collected via the Online Store is the Seller.
- Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
- In the case of a Customer who uses an electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.
- The Customer has the right to access the content of his/her data and to correct them.
- Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.
(1) Contracts concluded through the Online Store are concluded in the Polish language.
(2) The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Provision of Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
(4) The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.