General terms and conditions of business

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INTERNET STORE GENERAL TERMS AND CONDITIONS

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. 1. The General Terms and Conditions (GTC) determine the rules and guidelines for the provision of services by electronic means, including the use of the Store, as well as the rights, obligations and terms of liability of the Seller and the Customer. The Terms and Conditions also contain information that the Seller is required to provide to the Consumer in accordance with the applicable legislation, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws No. 2017.683 as amended).
2. Every customer should familiarize themselves with the General Terms and Conditions.
3. The GTC are available on the shop's website and are also made available free of charge before the conclusion of the contract. At the customer's request, the General Terms and Conditions will also be made available in a form that enables their content to be downloaded, reproduced and saved using the ITC system used by the customer (e.g. via electronic mail).
4. The most important definitions:

1) General Terms and Conditions (GTC): the general terms and conditions of the internet shop;

2) Vendor or service provider: TOJS SP. ZOO

Pana Tadeusza 42 80-123 Gdańsk , registered in the National Court Register

PUBLIC COURT FOR GDAŃSK-PÓŁNOC IN GDAŃSKU , 7 ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, VAT ID: 5833290183 , REGION NO.: 369655554 , KRS 0000722197 ;

Name of the authority keeping the register in which the company is entered - MINISTER OF ENTERPRISE AND TECHNOLOGY.

3) Customer or Service Recipient: natural person who has completed the 18th year of life and has full legal capacity, legal person or organizational entity, which, although not a legal person, can acquire rights and enter into obligations on its own behalf, which establishes a legal relationship with the Seller within the scope of the shop's activities. The customer is also considered a consumer if, in a given case, there are no separate provisions relating to the consumer;

4) Consumer: a Customer who is a legal entity and carries out a legal activity (purchase) with the Seller that is not directly related to his economic or professional activity;

5) Electronic Service – a service within the meaning of the Act of July 18, 2002 on providing services by electronic means (Journal of Laws 2016.1030 ie later amendments), provided by the Service Provider electronically as part of the Service;

6) Shop or Internet shop, or service: electronic service, Internet shop operated by the Seller at the address www.francescopetroni.pl

7) Account – Electronic Service, provided with an individual name (login) and password provided by the Customer, collection of resources in the Service Provider's ICT system, in which the data and information on activities within the Shop provided by the Customer are stored get saved;

8) Goods or Products – Goods sold in the Store that are part of the Seller's assortment;

9) Contract – a distance contract for the sale of Goods concluded as a result of the Customer placing an order in the Shop and accepting the Order by the Seller;

10) Form – a document that is a means of electronic communication and allows you to place an order in the Store;

11) Order – an expression of the intention to purchase the Goods, made by the Customer using the means of technical communication;

12) Newsletter – electronic service, electronic distribution service provided by the Service Provider via electronic mail (e-mail) and automatically to all Customers who use it to receive periodic messages from the Service Provider (newsletters) with information about the Service , including news or offers in the shop.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

1. Seller's contact details: Address TOJS SP. Z OO Pana Tadeusza 42 80-123 Gdańsk
2. , email address: mysmell.berlin@gmail.com
3. The seller provides the following forms of electronic services:

1) Internet shop operating within the framework of an Internet portal through which the customer concludes a distance contract, the contracting parties are informed of the sales process by means of an automatically generated e-mail message, the execution of the contract (in particular the delivery of the goods) takes place outside the Internet ;

2) newsletter, in which the seller sends messages in electronic form to the customer's e-mail address with information about the service, including news or offers in the shop; the seller provides the services electronically in accordance with the GTC.

3. The technical prerequisite for using the shop is that the customer has a computer or other Internet-enabled device, including the appropriate software (including an Internet browser), access to the Internet and a current and active e-mail account.
4. The customer is prohibited from transmitting illegal content.
5. The use of the shop can be associated with typical dangers associated with internet use, such as spam, viruses, hacker attacks. The seller takes measures to counteract these dangers. The seller warns that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying customer data by unauthorized third parties, so customers should use appropriate technical means, that reduce the above risks to a minimum, including antivirus software and software to protect the identity of Internet users.
6. The conclusion of the contract for the provision of services by electronic means is carried out through the shop on the Internet. The customer can terminate the use of the services electronically at any time by leaving the shop page or deleting the customer account. In this case, the contract for the provision of services by electronic means is automatically dissolved, without the parties having to provide any additional explanations.
7. It is not possible to use the shop anonymously or using a pseudonym.

CHAPTER 3. PERSONAL DATA

1. The seller processes the data provided by the customer in accordance with the applicable law, in particular:

1) the seller tries to protect the interests of the persons to whom these data refer as much as possible, including ensuring that these data:

1. a) lawfully processed,
2. b) collected for specified and legitimate purposes and not subjected to any further processing inconsistent with those purposes;
3. c) technically correct and consistent with the purposes for which they are processed,
4. d) stored in a form that allows the identification of the persons to whom these data relate, for no longer than is necessary for the purpose of the processing.

2) The seller uses the appropriate technical and organizational means to ensure the protection of personal data, in accordance with the threats and categories of protected data.

2. The basis for the processing of personal data is the consent of the customers themselves or the statutory authority to process personal data resulting from the Personal Data Protection Act of August 29, 1997 (Journal of Laws 2016.922 as amended) and the Act of July 18, 2002 on providing services by electronic means (Journal of Laws No. 2016.1030 as amended).

3. Customers have the right to control the processing of data, including its addition, updating, rectification, deletion, under the conditions resulting from the above laws. 4. The seller assures that the customer's personal data will not be passed on to unauthorized third parties. Customers' personal data may be communicated to subjects authorized to do so by applicable legislation, including competent authorities. 5. Customers' personal data may be communicated to third parties for purposes related to the performance of the contract concluded with the customer. The seller hereby informs that he has entrusted the processing of personal data to the following subjects: […].

CHAPTER 4. ADDITIONAL INFORMATION 

• 1 account.

1. Registering an account on the Store's website is free of charge and requires the following activities: the buyer fills in the registration form by providing the required data and then gives a statement of consent to the GTC, the processing of personal data and the transmission of commercial information away. An activation link that enables account verification will be sent to the email address provided by the customer when registering for the account. The login takes place by entering the e-mail address of the customer and the password chosen by the customer. The password is secret and should not be passed on to third parties.
2. The account allows the customer to enter or change data, place or view orders, as well as view the history of orders.
3. The electronic account service is provided free of charge and for an unlimited period.
4. The customer can delete the account in the shop at any time by making a request to the seller electronically to the e-mail address: mysmell.berlin@gmail.com or in writing to the address: TOJS SP. Z OO Pana Tadeusza 42 80-123 Gdańsk .

• 2. Newsletters

1. The purpose of the newsletter service is to transmit the information ordered to the customer.
2. The use of the newsletter does not require the customer to register for an account, but it is necessary to provide an e-mail address and a declaration of consent to the GTC, processing of personal data and transmission of commercial information.
3. A link to confirm registration for the newsletter will be sent to the customer's email address.
4. The newsletter service is provided free of charge and for an unlimited period.
5. The customer can unsubscribe from the newsletter at any time by sending a request to the seller electronically to the email address: mysmell.berlin@gmail.com or in writing to the address: TOJS SP. Z OO Pana Tadeusza 42 80-123 Gdańsk.

• 3rd discount

1. Seller may grant discounts to customers under conditions and policies set by Seller.
2. Both customers who have an account in the seller's shop and customers who are not registered are entitled to a discount.
3. The discount is unique, can only be redeemed once for a purchase in the shop and may not be combined with other discounts.
4. A discount obtained in an invalid manner may be withdrawn. The seller notifies the customer about this by e-mail, by telephone or by SMS.
5. Using a discount is voluntary.
6. The discount is granted by providing the customer with a discount code. In order to take advantage of the discount, it is necessary to enter the given series of letters and numbers in the field "Use coupon" on the "Shopping Cart" page. By entering the code as described above, the discount of the products in the shopping cart by a certain percentage will be activated.
7. Multiple discounts cannot be added together. This means that only one discount can be redeemed per order.

CHAPTER 5. SALE

• 1. Goods

1. All products offered in the shop are new and free of defects.
2. A detailed description of the goods is on the shop's website.
3. A guarantee or after-sales service can be provided on the goods. Detailed information about this can be found in the description of the goods.

• 2. Orders and their processing

1. The order is made by filling out the form available in the shop.
2. Orders can be placed after prior registration on the shop's website or without registration on the shop's website (as a guest purchase).
3. The customer is obliged to fill out the form carefully by providing all data truthfully and specifying the desired method of payment and delivery.
4. The customer enters the data in the form and confirms the declaration of consent to the GTC, the processing of personal data and the transmission of commercial information.
5. Orders can be placed in the shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays will be processed the next business day.
6. The customer confirms the order by clicking on the button (field) with the inscription "Order with payment". The seller then sends the order confirmation to the customer to the e-mail address provided by him.
7. The processing time of the order (ie until the goods are dispatched) is between 1 and 3 working days.

• 3. Payments

1. All product prices given in the shop are gross prices in Polish zlotys (including VAT). The price of the goods does not include the costs referred to in point 2 below. The goods price specified by the customer at the time of the order is binding for both parties.
2. The costs in connection with the delivery of the goods (e.g. transport, delivery, postal services) and any other costs are borne by the customer. The amount of these costs can depend on the choice of delivery method by the customer. Information about the amount of these costs will be given when ordering.
3. The customer has the following options for paying for the ordered goods:

1) Standard bank transfer – payment before the goods are shipped (payment in advance). After placing the order, the customer should deposit/transfer the amount to the seller's bank account. The order is processed after the customer's payment has been received in the shop's bank account;

2) Payment by BLIK, credit card, electronic transfer using the imoje online payment system operated by ING Bank Śląski SA with its registered office in Katowice.

3) Payment upon personal collection (cash or by card) - the customer pays the invoice when personally collecting the goods in the customer's shop on site. The order will be processed after it has been received.

4) Payment upon delivery of the goods (cash on delivery) - the customer pays the invoice directly when the goods are handed over by the deliverer. The order will be processed after it has been received.

4. For each product sold, the shop issues a payment receipt and sends it to the customer.
5. The customer is obliged to pay for the goods within 7 days after the conclusion of the purchase contract. If the customer does not pay the invoice within this period, the seller will give him a further payment term in accordance with Art. 491 § 1 of the Polish Civil Code (Journal of Laws 2016.380 and similar). After an unsuccessful grace period, he is entitled to withdraw from the contract. If the customer makes a statement that he will not pay the invoice, the seller can also withdraw from the contract without setting a grace period, even before the expiration of the first payment term.

• 4. Delivery

1. The product will be sent to the address provided by the customer in the form, unless the parties agree otherwise.
2. The product is delivered via a parcel service or by post, depending on the customer's wishes. Delivery by post is expected to take up to 6 working days after the goods have been sent, via a parcel service - within between 1 and 4 working days after the goods have been sent.
3. Together with the goods, the seller hands over to the customer all elements of their equipment, operating and maintenance manuals and other documents required by law.
4. The seller points out that:

1) when the goods are handed over to the customer or to the parcel service, the benefits and burdens in connection with the goods and the risk of accidental loss of or damage to the goods are transferred to the customer. In the case of sale to a consumer, the risk of accidental loss of or damage to the goods passes to the consumer at the time the goods are handed over to the consumer. The handover of the goods by the seller to the delivery agent is deemed to be the surrender of the goods, provided that the delivery agent had no influence on the choice of delivery agent by the consumer,

2) unconditional acceptance of the consignment with the goods by the customer entails the termination of any claims regarding their loss or damage during transport, except:

1. a) the damage was documented before the shipment was accepted;
2. b) this determination was waived through the fault of the deliverer;
3. c) the loss or damage was caused by intent or gross negligence on the part of the deliverer;
4. d) the beneficiary found damage that was not visible from the outside after accepting the consignment, demanded an assessment of its condition within 7 days and was able to prove that the damage occurred in the period between handing over the consignment for transport and its release.

• 5. Additional Consumer Information

1. The contract is concluded for an indefinite period and is not automatically renewed.
2. The minimum duration of the consumer's obligations arising from the contract includes the period of performance of the contract, ie payment and receipt of the goods.
3. The use of the shop by the customer does not entail the obligation to pay a deposit or provide any other financial guarantees.
4. The Seller does not apply the Code of Conduct referred to in Article 2, Item 5 of the Act of August 23, 2007 on Combating Unfair Competition (Journal of Laws 2016.3 as amended).

CHAPTER 6. LIABILITY 

1. Liability in connection with the warranty is excluded in the legal relationship with the customer. 2. The seller is liable to the consumer if the goods have material or legal defects (warranty) under the conditions stipulated by the acts of the Polish Civil Code (Coll. 2016.380 as amended) and the Act of May 30, 2014 on Consumer Rights ( 2017.683 col. Coll.), including under the following conditions:

1) a material defect means that the goods do not comply with the contract. In particular, the goods do not comply with the contract if:

1. a) the goods do not have properties that an object of this type should have due to the purpose stated in the contract or resulting from the circumstances or the purpose;
2. b) the goods do not have properties that the seller has assured the consumer of;
3. c) the goods are not suitable for the purpose of which the consumer informed the seller when concluding the contract and the seller did not object to this type of provision;
4. d) the goods were handed over to the consumer in an incomplete state.

2) The goods are defective in title if the goods are the property of third parties or are encumbered by third-party rights and if the restriction in the use or disposal of the goods is dependent on the decision or decision of a competent authority at sale of rights, the seller is also responsible for the existence of rights;

3) The seller is liable in connection with the warranty for material defects that existed at the time the risk passed to the consumer or arose from a cause contained in the goods at that time.

4) The seller is released from liability in connection with the warranty if the consumer was aware of the defect at the time the contract was concluded;

5) If the material defect is detected within one year after the delivery of the goods, it is assumed that the defect or its cause existed at the time the risk passed to the consumer;

6) The seller is liable in connection with the warranty if the material defect was discovered within two years after the goods were handed over to the consumer, if the goods purchased by the consumer are used mobile goods, the seller is liable within connection with the warranty if the material defect was discovered within one year from the release of the goods;

7) Consumer rights related to warranty:

1. a) requesting a price reduction or withdrawing from the contract, unless the seller immediately and without major inconvenience for the consumer replaces the defective goods with goods that are free of defects or eliminates the defect;
2. b) Instead of the defect removal offered by the seller, the consumer may request the exchange of the goods for goods free of defects or the removal of defects instead of exchange, unless it is not possible to perform the contract in the manner chosen by the consumer or with significant costs compared to the way offered by the seller. When assessing the level of costs, the value of the goods free of defects, the nature and importance of the defect found and the inconvenience that the consumer would have to endure if the contract were performed in a different way are taken into account;

8) The consumer exercising his right to warranty is obliged to deliver the defective goods to the seller at the seller's expense to a place specified in the contract, or if such a place is not specified - to the place where he the goods have been handed over.

CHAPTER 7. COMPLAINTS MANAGEMENT

1. Complaints must be submitted by the customer to the seller in writing to the following address: TOJS SP. Z OO Pana Tadeusza 80-123 Gdańsk. You can also inform the seller about the sending of the message by e-mail to the following e-mail address: mysmell.berlin@gmail.com
2. If the customer finds that the consignment with the goods is open, damaged or destroyed, he should immediately (but no later than within 7 days after receipt of the consignment) file a complaint with the seller. This procedure can be used to determine the claim for damages from the deliverer.
3. A complaint should contain a detailed description of the problem, the customer's request and, if necessary, photo documentation.
4. The seller undertakes to process the complaint within 30 days. If the seller does not respond to the customer's complaint within 14 days, it is assumed that the complaint has been accepted. 5. If the complaint is upheld, the seller will take appropriate measures.
5. There is a possibility of using out-of-court processing of complaints and determination of claims for damages in legal relationships with customers, including: 1) the possibility of electronic dispute resolution via the ODR (online dispute resolution) platform, available at the address http: //ec.europa.eu/consumers/odr/; 2) Possibility of arbitration proceedings before a local court, an arbitration board or another authority; 3) Possibility of mediation process in the presence of an independent mediator.

CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT 

1. Withdrawal from the contract by the seller or the customer can take place under the conditions set out in the acts of the Polish Civil Code (Journal of Laws 2016.380 as amended).
2. The consumer has the right to withdraw from the contract within 14 days of receipt of the goods.
3. Information on withdrawal from the contract by the consumer is contained in the instruction on the right to withdraw from the contract, which is available on the Store's website.
4. The right to withdraw from the contract does not apply to the consumer in the case of some contracts, i.e.:

1) for the provision of services if the seller has provided the service in full and with the clear consent of the consumer and if the consumer was informed before the start of the service that after the performance of the service by the seller the right to withdrawal from the contract will no longer apply;

2) where the price or remuneration depends on fluctuations in the financial markets over which the seller has no control and which may occur before the deadline for withdrawal from the contract;

3) where the Goods are non-prefabricated Goods made to Customer's specification or to meet Customer's individual needs;

4) where the goods are items that perish quickly or have a short shelf life;

5) where the goods are an item delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons if the packaging has been opened after the goods have been delivered;

6) where the goods are items which, due to their nature, are inseparably connected with other items after delivery;

7) where the goods are alcoholic beverages, the price of which was determined upon conclusion of the contract and the delivery of which can only take place after 30 days and the price of which depends on market fluctuations over which the seller has no control; 8) where the consumer clearly requests that the seller come to him to carry out an urgent repair or maintenance; if the seller additionally provides services other than those requested by the consumer or supplies items other than spare parts necessary for repair or maintenance, the right to withdraw from the contract applies to the additional services or items; 9) where the Goods are audio or video recordings or computer software delivered in sealed packaging if the packaging has been opened after delivery;

10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;

11) which was completed by public auction;

12) for the provision of non-residential accommodation services, transport of goods, vehicle rental, catering, services related to recreation, entertainment, sports or cultural events, if the day or period specified in the contract provision of services were mentioned;

13) for the delivery of digital content that is not stored on a hard disk, if the provision of the service began after the consumer's clear consent before the expiry of the period for withdrawing from the contract and after the seller had informed the consumer about the loss the right to withdraw from the contract.

5. The seller will immediately, no later than within 14 days after receiving the consumer's statement about withdrawal from the contract, reimburse the consumer for all payments made by him, including the cost of delivery of the goods. The seller makes the refund using the same payment method used by the consumer, unless the consumer has agreed to another payment method that does not involve any costs for him.
6. If the consumer has chosen a different delivery method than the cheapest standard delivery method offered by the seller, the seller is not obliged to reimburse the consumer for the additional costs he has paid.
7. The consumer is obliged to return the goods together with all elements of the equipment, including the packaging, if this is an essential part of the goods. The seller may withhold the refund of the payment until receipt of the goods or until proof of shipment is presented, whichever occurs first.
8. The consumer only bears the direct costs of returning the goods, unless the seller agrees to bear them himself or if he has not informed the consumer of the need to bear these costs.
9. The consumer is liable for the depreciation of the goods caused by using them in a manner that goes beyond what is necessary to establish their character, properties and functionality.
10. In the event of an effective withdrawal from the contract, the contract is deemed not to have come into existence.

CHAPTER 9. COPYRIGHTS 

1. The rights to the portal and its content are owned by the seller.
2. The address of the page where the shop is available, as well as the content of the website www.francescopetroni.pl are the subject of copyright and are protected by copyright.
3. All logotypes, proper names, graphic projects, films, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are protected by copyright and belong to the seller, manufacturer or distributor of the goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the www.francescopetroni.pl site without the consent of the owner is prohibited.

CHAPTER 10. FINAL PROVISIONS

1. In cases that are not regulated by the GTC, the relevant laws of general legislation apply to legal relationships with customers and consumers.

2.All disputes will be decided on the territory of the Republic of Poland.

3. The place of jurisdiction for disputes between the seller and the customer is the district court responsible for the location of the accused.

4. All deviations from the GTC must be in writing to be valid.

INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT

You have the right to withdraw from the contract within 14 days without giving a reason. The period for withdrawing from the contract expires after 14 days from the day on which you took possession of the goods or a third party authorized by you, who is not the deliverer, took possession of the goods has occurred. In order to exercise your right to withdraw from the contract, you must inform us of your decision to withdraw from the contract in the form of an unequivocal statement (e.g. via a letter by post or email). Below are our contact details: TOJS SP. Z OO Pana Tadeusza 42 branch 80-123 Gdańsk Email: mysmell.berlin@gmail.com

You can use the model withdrawal form for this, but this is not an obligation. In order to meet the deadline for withdrawing from the contract, it is sufficient for you to send the notice of exercising your right to withdraw from the contract before the deadline for withdrawing from the contract has expired. The consequences of withdrawing from the contract: in the event of withdrawal from the contract, we will reimburse you for all payments received from you (with the exception of additional costs related to the choice of a delivery method other than the cheapest standard delivery method offered by us), immediately, but not later than within 14 days from the date of receipt of your notice of withdrawal from the contract. The refund will be made using the same payment method that you used to make the original transaction, unless you have clearly agreed to a different solution; in any case, you will not incur any costs in connection with the reimbursement. We may withhold reimbursement of payment until receipt of the goods or until proof of postage is provided to us, whichever occurs first. We ask that you return or hand over the goods to us immediately, but no later than 14 days from the time you notified us of your withdrawal from this contract. The deadline is met if you return the goods before the 14-day period has expired. You bear the direct costs of returning the goods. You are only liable for the depreciation of the goods caused by using them in a way that goes beyond what is necessary to establish their character, properties and functioning.

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