TERMS OF THE ONLINE SHOP
TOONTOY KIDS POLSKA
These Regulations set out the rules for making purchases in the online store run by the Seller at: https://toontoykids.pl
I. General provisions
1 Owner and administrator of the online store Toontoy Kids Polska operating at: https://toontoykids.pl is: TNTY TEKSTIL Sp. z. o.o., address: street: Rzemieślnicza 35, code: 95-030, city: Rzgów, tax indentification number: 728-280-96-14.
2 Contact with the online shop is possible from Monday to Friday from 8:00 to 17:00 at the telephone number 572-285-083, 503-900-068, at the email address: firstname.lastname@example.org, as well as using the contact details available on the online store's website in the „contact- tab”. The Regulations specify, in particular, the rules for the use of the online shop Toontoy Kids Polska by Customers i.e. the way of placing orders and their implementation, the method and dates of delivery of products, withdrawal from the contract, as well as the complaint procedure.
1 Online Shop - online shop available at: https://toontoykids.pl, in which users can buy products via the Internet (electronically);
2 Administrator, interchangeably referred to as the Service Provider or the Seller - an entity providing sales services via the Online Shop on the terms set out in these Regulations, operating under the company: TNTY TEKSTIL Sp. z. o.o., address: Rzemieślnicza 35, lok. S/29, 95-030 Rzgów, tax indentification number: 728-280-96-14,
3 Website – website address https://toontoykids.pl, under which the Online Shop operates;
4 Product – an article for which the User can place an order in the Online Store;
5 Customer/Client – an adult natural person with full legal capacity, a legal person and an organizational unit without legal personality, which the law grants legal capacity, purchasing products through the Online Shop;
6 Consumer- a customer who is a natural person using the Online Shop for a purpose not related directly to his business or professional activity;
7 User – a Customer, who created an Account in the Online Shop;
8 Account – access to Online Shop resources made available free of charge to the User by the Administrator, in which his data and information about his activities on the Website are voluntarily provided by the User. The account is maintained by the Administrator for the User under the login provided by the User;
9 Login – Customer ID in the Online Shop - the e-mail address or other identifier provided by the User during the Registration that allows him to be identified in the Online Shop;
10 Password - a unique series of characters (numbers and / or special characters, lowercase / uppercase letters without Polish characters) selected by the Customer during Registration with the possibility of its modification in the Account settings, used to log in to the Online Shop to confirm the Customer's identity;
11 Registration - the process of creating an Account by the User in the Online Shop;
12 Newsletter - electronic information issued by the owner of the Online Shop, which includes, among others information on the Online Shop's offer and information on promotions, sent to the email addresses of registered Users, provided that they consent to sending such information;
13 Basket – an element of the Online Shop by which the Customer specifies the order details, in particular: quantity and size of products, delivery address, invoice data, delivery method, making payment selection;
14 Order – an offer to conclude a sales contract submitted by the Customer through the Online Shop;
15 Sales contract - a contract of sale of the product (s) - within the meaning of the Civil Code - concluded between the owner of the Online Store and the Customer, via the Online Store;
16 Computer system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network;
17 Act - the Act on consumer rights of 30 May 2014 (Journal of Laws 2014, item 827 with amendments, consolidated text Journal of Laws 2019 item 134).
III. Conclusion of a contract for the provision of electronic services
1 The Seller declares that he is a distributor of Products whose sale he offers through the Online Shop and that he has all the required consents and authorizations from the Manufacturers of the brands sold, on the basis of which he sells.
2 The Online Shop sells within the territory of the Republic of Poland and abroad.
3 The Seller provides the following electronic services via the Online Shop:
4 Allowing placing an order via the appropriate form and conclusion of the sales contract,
6 The condition of placing an Order in the Online Shop by the Customer is to read these Regulations and accept its provisions during the implementation of the Order.
7 Product information presented on the Online Shop website does not constitute an offer within the meaning of the Civil Code- they are an invitation to conclude a sales contract.
8 All Products offered in the Online Shop are brand new, original packed, free from physical and legal defects, and have been legally placed on the Polish market.
9 Placing an order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
10 The Customer may place an Order 24 hours a day via the Online Shop Website.
11 The Customer may purchase Products without Registration. The Customer places an Order indicating in the Basket the method of receipt and payment for the order and other data necessary to perform the order, such as: name and surname, e-mail address, contact telephone number, address of residence and delivery address, and data necessary for issuing a VAT invoice when the Customer requests that such an invoice be issued.
12 The contract for the provision of electronic services consisting in enabling the Customer to place an order through the appropriate form is concluded for a definite period of time and terminates when the order is placed or the Customer ceases to place it.
13 When choosing a Product, the Customer indicates the ordered Product along with its size and color (if the product is available in different colors or sizes).
14 The ordering process ends when the 'Buy and pay' field is used.
15 The Administrator, immediately after receiving the Order, sends to the Customer's e-mail address the confirmation of placing the order.
16 Upon receipt of the Order Administrator's confirmation to the e-mail address provided by the Customer, the Administrator concludes a sales agreement for the Product / products covered by the order.
17 Ordering the Product (s) is possible only by accepting these Regulations by the Customer. The Customer, upon accepting the Regulations, is bound by its content.
18 The Online Shop reserves the right to temporarily unavailable Products in the colors, size, quantity, etc. ordered by the Customer. Information about the temporary unavailability of the Product will be made available on the Online Shop Website.
19 The Seller reserves that the photos presenting the Products and placed on the Online Shop website are for information purposes only and may not fully reflect the actual appearance of the Products or show all the details.
20 The implementation of the order placed begins on weekdays after 12:00, and on Saturdays, Sundays and holidays begins the next business day. In exceptional cases, orders are accepted by phone under the number: 572-285-083, 503-900-068 (on business days between 8:00 - 17:00).
21 If the Administrator cannot process the order due to the unavailability of the ordered Products, immediately, but no later than within 30 days from the date of the contract, notify the Customer and if he has received payment return the entire amount of money received from the Customer.
22 As part of the technical requirements necessary to cooperate with the Computer system used by the Service Provider to make purchases, the Customer should have an active electronic mail account (e-mail) and a device connected to the Internet that meets the following minimum technical requirements:
23 at least one of the Internet browsers installed: Internet Explorer, Google Chrome, Mozilla Firefox, Safari,
24 screen with a minimum resolution of 1024x768 pixels.
25 The Customer is obliged to use the Online shop in a manner consistent with the law and decency.
26 The Customer is obliged not to provide content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties.
IV. Withdrawal from the Agreement
1 A Consumer who has entered into a distance contract has the right to withdraw from the contract without giving a reason and without additional costs, by submitting a relevant statement in writing within 14 days. This deadline is non movable and counts from the date of taking possession of the item by the Consumer or a person indicated by him, who is not a carrier, and if the Contract covers many items delivered separately, in parts or lots from the moment of taking possession of the last lot, part and when The contract applies to items delivered regularly for a specified period of time - from the date of taking possession of the first item. In the case of other contracts, the deadline for withdrawal from the contract by the Consumer runs from the date of its conclusion. To meet this deadline, it is enough to send a statement (document: Form for withdrawal from the Agreement) before its expiry to the address of the Service Provider. Along with the return of the goods, the consumer should provide proof of purchase - receipt - for accounting purposes.
2 In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have rendered shall be returned unchanged, unless a change was necessary in the ordinary course of business.
3 The Seller returns all payments made by the Consumer within 14 days from the date of receipt from the Consumer a statement of withdrawal from the Agreement, together with the costs of delivery of the Products. The Seller shall refund the payment using the same method of payment that was used by the consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
4 The Products should be returned by the Consumer within 14 days from the date of withdrawal from the Agreement, unless the Service Provider has offered to collect the Product himself. The purchased Product should be returned to the Service Provider's address.
5 Pursuant to Article 38 of the Act, Consumers are not entitled to withdraw from the contract in respect of contracts:
6 for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
7 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
8 in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
9 in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
10 in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
11 in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
12 in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
13 in which the consumer explicitly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
14 in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
15 for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
16 concluded through a public auction;
17 for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
18 for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
V. Price and payment forms
1 Prices placed on the Online Shop website with the offered Product include VAT and are given in Polish zlotys. Prices do not include shipping costs.
2 Information on the total value of the order, including shipping costs, is provided to the Customer on the Website after the Customer has chosen the payment method and form of delivery.
3 The Customer can choose from the following payment methods:
4 by bank transfer - payment to the online store's bank account Online Store TNTY TEKSTIL Sp. z o.o. with the number: 59 1240 3435 1111 0010 6979 4701, the full value of the order calculated in the calculation, before delivery of the ordered product;
5 cash payment - on delivery.
6 The Customer is charged for delivery (shipping) specified in the transport price list.
7 The Customer purchases the Product and orders a delivery service (if any) according to the prices and amount of delivery costs in force at the time the order is placed.
8 The Administrator reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by entities performing the delivery. This provision does not apply to orders already processed or for which an order confirmation has been sent to the Customer.
VI. Delivery of ordered Products
1 The product is sent to the address indicated on the order form or given by phone or e-mail. The Service Provider will immediately inform the Customer about an incorrectly completed order form, which prevents or may delay the shipment.
2 A receipt or VAT invoice is issued for each order.
3 The ordered product is delivered by post or courier companies. Delivery of ordered products takes place on the territory of the Republic of Poland or abroad.
4 Deliveries of ordered Products are carried out within about 7 days from the date of receipt of the Order by the Online Shop. In the case of a large number of orders, this deadline may be extended (extension of the delivery period may not exceed 30 days, starting from the day following the submission of the Order by the Customer).
5 If Orders are placed by a Consumer, the Product will be delivered no later than 30 days from the date of conclusion of the Agreement, unless the Parties agree on a different date in the Agreement.
6 It is recommended that the Customer who is also a consumer within the meaning of art. 221 of the Civil Code, if possible, he checked the condition of the Product after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.) wrote the appropriate report. Checking the shipment will facilitate and accelerate the pursuit of any claims from the entity responsible in the event of mechanical damage to the shipment arising during transport. In such situations, it is recommended that the Customer contact the Seller as soon as possible.
7 The Client who is not a consumer within the meaning of Article 221 of the Civil Code is obliged to check the condition of the Product after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.). In the event of mechanical damage to the shipment arising during transport, the Customer should write a damage report and immediately contact the Seller.
VII. Guarantees and complaint procedure
1 The products have a manufacturer's, importer's or seller's warranty in Poland. The warranty period for each product is included in its description on the store's website. Detailed conditions for the implementation of the guarantee are set out in the printing guarantee issued by the guarantor. Most products have guarantees implemented directly by producers. The Customer may also carry out the warranty complaint procedure through the Seller
2 The Customer may submit complaints related to the provision of electronic services through the online store https://toontoykids.pl regarding the establishment and operation of the account and the possibility of placing orders via the order form, quality of Products - by sending an e-mail to the address: email@example.com or by phone at the number 572-285-083, 503-900-068.
3 When submitting a complaint, the complained Product must be delivered to the Seller together with a proof of purchase - a receipt or invoice.
4 The Seller will answer the complaint to the e-mail address provided by the Customer or in another way agreed by the parties.
5 The Seller is obliged to respond to the complaint of the Customer and the Customer who is a Consumer within 30 days of its receipt.
6 If the Seller has not responded to the complaint within the time limit referred to above, it shall be deemed to have accepted the complaint.
7 The Seller shall respond to the complaint to the Consumer on paper or other durable carrier.
8 Quantitative and qualitative complaints about the Products received are accepted within a period of not more than a month from the detection of the defect but not later than within 2 years from the date of delivery of the Product to the Customer. The complaint should contain as much detail as possible, invoice number, confirmation number for the invoice/receipt, the circumstances of the damage, etc.
9 If the complaint is considered in favor of the Customer, the Seller shall bring the Product into accordance with the contract, as requested by the Customer, by repair or replacement with a new one. If the replacement or repair of the Product is impossible or requires excessive costs, then the Customer has the right to request a price reduction or withdrawal from the contract.
10 In the case of contracts concluded with Customers who are not also Consumers within the meaning of Art. 22 1 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty is excluded.
11 The Customer may complain about a Product with defects within the meaning of generally applicable regulations:
12 using the rights arising from the guarantee granted - in such circumstances, the Customer may lodge a complaint with the Administrator, who is only an intermediary forwarding the submitted complaint to the manufacturer
13 exercising the rights of the customer who is also a consumer within the meaning of art. 221 of the Civil Code towards the Administrator in relation to non-compliance of the Product with the contract.
14 The cost of sending the Product after considering the complaint in favor of the Customer, after having documented them, is covered by the Administrator.
15 If the ordered Product is to be sent by the Service Provider to the Customer who is a Consumer, the risk of accidental loss or damage to the Product passes to the Consumer at the time of its release to the Consumer. The release of an item is deemed to have been entrusted by the Service Provider to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.
1 The newsletter is sent only to Customers who have agreed to receive it, providing their electronic address identifying them.
2 The Newsletter service consists of periodically sending an advertisement message to the Customer's e-mail address.
3 By subscribing to the Newsletter, the Customer agrees to the electronic correspondence being delivered to him by the Online Shop and at the same time agrees ft he processing of personal data ft he extent necessary for this purpose.
4 The Customer may at any time unsubscribe from the Newsletter subscription, for this purpose please contact the Administrator. The customer will be immediately notified by return ft he deletion of his email address from the list of Newsletter subscribers.
IX. Personal data
1 TNTY TEKSTIL Sp. z o. o., conducting business activity under the company TNTY TEKSTIL Sp. z o. o., street: Rzemieślnicza 35, code: 95-030, city Rzgów, tax identification number: 728-280-96-14, is the Controller with respect to personal data of Customers within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (GDPR).
2 The Controller, in order to perform the contract with the customer, it is based on art. 6 clause 1 point b GDPR, collects the following personal data: name and surname; street; house number; apartment number; postcode; town; country; phone number; e-mail; company name; nip. In addition to the information indicated below, a detailed information obligation within the meaning of Art. 13 GDPR towards clients who provide their personal data is carried out by the Administrator when the client enters his website.
3 During registration in the Online Shop, he consents to the Controller's processing of personal data for the purpose of sending marketing information. Consent to data processing for this purpose is voluntary.
4 The recipient of Customers' personal data will be entities providing services to the Controller - on the basis of entrusting data processing, in particular a courier delivering parcels to Customers.
5 Customers' personal data will not be transferred to a third country / international organization.
6 Customers' personal data is stored by the Controller until the performance of the concluded contract and for accounting purposes - in accordance with the law, and until the Customer deletes the account on the Controller’s website.
7 The Customer has the right to access their personal data, the right to request the correction, deletion or limitation of processing of such data, the right to transfer data.
8 The customer has the right to lodge a complaint to the supervisory authority when he considers that the processing of personal data violates the provisions.
9 Customer data is processed in an automated manner, but it is not processed in the form of profiling.
10 In order to exercise his rights in relation to the Customer's personal data, the Customer should contact the Controller at the e-mail address: firstname.lastname@example.org or by phone at the telephone number 572-285-083, 503-900-068.
X. Final provisions
1 Users can contact the Seller in the following ways:
2 Phone: 572-285-083, 503-900-068,
3 electronic mail to the address: email@example.com,
4 in writing to the address: 95-030 Rzgów ul. Rzemieślnicza 35, lok S/29.
5 Customers can access these Regulations at any time via the link on the home page of the online store: https://toontoykids.pl. Regulations can be recorded, acquired and reproduced by printing it or saving it on a suitable data carrier.
6 The name of the online store: Toontoy Kids Polska, the address of the website where it is available: https://toontoykids.pl and all materials contained therein are subject to copyright and are protected by law. Using and distributing them without the consent of the store owner is prohibited.
7 These Regulations enter into force on the day of its publication on the Online Shop Website.
8 The Administrator reserves the right to amend the Regulations for important reasons, in particular such as: changes in payment and delivery methods, changes in the scope, payment or form of services rendered, changes to the Administrator's data - to the extent to which these changes affect the implementation of the provisions of these Regulations.
9 Customers who have an account in the Online Shop will be notified of changes to the Regulations via e-mail correspondence.
10 If there has been a change to the Store's Regulations since the last login, the Customer accepts or fails to accept its provisions after the changes. If the Customer does not accept the terms of the Regulations, in particular after making changes to them, shopping in the Online Shop is not possible.
11 The Customer who does not accept the changes introduced in the Regulations has the right to delete the account at any time.
12 Orders placed during the validity of the previous version of the regulations will be implemented in accordance with its current provisions. If the User does not agree to make changes to the regulations, he may delete his Account.
13 In matters not covered by these Regulations, the relevant provisions of law applicable in the territory of the Republic of Poland will apply, in particular: the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of 30 May 2014 on consumer rights, GDPR.
14 With respect to contracts concluded with clients who are entrepreneurs and having their registered office outside the Republic of Poland, only matters applicable to the territory of the Republic of Poland shall apply to matters not covered by these Regulations.
15 With respect to contracts concluded with customers who are consumers having their habitual residence outside the Republic of Poland, only matters applicable to the territory of the Republic of Poland shall apply to matters not covered by these Regulations. However, the application of the relevant provisions of law in force in the territory of the Republic of Poland does not deprive the consumer of the protection granted to him on the basis of provisions which cannot be excluded by contract under the law which applies in the territory of the country where the consumer has his habitual residence.
16 Disputes arising from the application of these Regulations and in connection with the performance of concluded contracts between the Service Provider and Customers, will be considered by the competent court in accordance with the provisions on property and local jurisdiction in accordance with the Act of 17.11.1964 Code of Civil Procedure (Journal of Laws No. 43 item 296, as amended).