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Regulamin

Before placing an order, Buyer has the right to negotiate any terms and conditions of the agreement with Seller, including changing the rules below. Negotiations should be conducted in writing and addressed to the Seller's (You by Tokarska, Agnieszka Tokarska, ul. 1 Dywizji Wojska Polskiego 6, 10-069 Olsztyn, NIP 632 173 16 73, REGON 273676409).

In any other case, the following rules and regulations apply

Terms and Conditions

§1 Definitions and interpretation

  • Postal address - name of a person or institution, location (name of city, street, number of building/flat/house), postal code.
  • Complaint address:
  • Costs of delivery –  all types of delivery and their costs can be found at youbytokarska.com/page/costs-of-delivery.
  • Contact details:
  • Delivery - the types of transport service, including the carrier and the cost, are listed in the price list at the address: youbytokarska.com/page/costs-of-delivery.
  • Proof of purchase - invoice or receipt,  issued under the Goods and Services Tax Act of March 11, 2004 as amended, and other applicable laws.
  • Product catalogue - a subpage containing information about a single product.
  • Client - an adult person with full legal capacity, or an organizational unit   possessing legal capacity, who makes a purchase with Seller directly related to their economic or professional activity.
  • Civil Code - Civil Code of April 23, 1964 as amended.
  • Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2.5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
  • Consumer – an adult person with full legal capacity, who makes a purchase from Seller not related directly to her business or profession.
  • Shopping Cart - a list of products drawn from the products offered in the shop based on the Buyer's choice.
  • Buyers - both Consumer and Customer.
  • Place of delivery - postal address or point of pick indicated in the order by the Buyer.
  • Release of the item - the moment when the Buyer or someone in charge will have the item in their possession.
  • Internet platform ODR - EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and the amendment of Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC and available at https://webgate.ec.europa.eu/odr
  • Payment - method of payment for the subject of the contract and delivery mentioned at youbytokarska.com/page/payment
  • Authorized Entity - an entity entitled to deal with out-of-court consumer disputes ( Consumer Dispute Resolution Act of 23 September 2016, as amended.)
  • Consumer Law - Consumer Rights Act of 30 May 2014.
  • Product - the minimum and indivisible quantity of things that can be the subject of the order and which is given in the seller's shop as a unit of measure when determining its price (price / unit).
  • Subject of the contract - the products and their deliveries that are the subject of the contract.
  • Subject of benefit - the subject of the contract.
  • Drop Point - The place where the product is delivered - not the postal address - listed in the statement made available by the Seller in the store.
  • UOKiK Registry - a register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Law on out-of-court resolution of consumer disputes of 23 September 2016 as amended and available at: https://uokik.gov.pl/rejestr_podmiot_uprawonymi.php
  • Item - a movable item that may or may not be the subject of the contract.
  • Shop - an online service available at www.youbytokarska.com , where a buyer can place an order.
  • Seller:
  • You by Tokarska, Agnieszka Tokarska
  • 1 Dywizji Wojska Polskiego 6  St.
  • 10-069 Olsztyn NIP: 632 173 16 73, REGON: 273676409 registered and visible in the CEIDG register at: https: //prod.ceidg.gov.pl/CEID ...
  • BANK ACCOUNT: 30 2490 0005 0000 4500 5351 0470
  • System - A set of interoperable IT and software devices that provides processing and storage, as well as sending and receiving data over telecommunication networks using a network-specific endpoint, commonly called the Internet.
  • Deadline - the number of hours or working days indicated on the product card.
  • Agreement - an agreement concluded away from business premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sale agreement within the meaning of Art. 535 Civil Code of April 23, 1964, in the case of Buyers.
  • Faults- both product defects as well as legal ones.
  • Product defect - incompatibility of the thing sold with the contract, and in particular if the thing:
    •  does not have all relevant product characteristics it should have as stated in the contract ;
    • does not have all relevant product characteristics the Seller has assured the Consumer of
    • not suitable for the purpose which the Consumer informed the Seller of at the conclusion of the contract and the Seller did not raise any objections to such purpose;
    • was issued to a Consumer in an incomplete state;
    • in case of improper installation and commissioning, if these activities have been performed by the Seller or other entities whom the Seller is responsible for or by the Consumer who has followed the instruction received from the Seller;
    • does not have the characteristics provided by the manufacturer or their representative or the person who places the item on his or her business activity and the person who has placed the name, trademark or other distinctive sign to the item being sold, the Seller of these assurances did not know, or judged reasonably, he could not know or could not influence the Consumer's decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
  • Legal fault - the situation when the sold item is owned by other entities or is a subject to other entities’ right, or if the restriction on the use or disposal of the item is a result of a decision or a decision of a competent authority.
  • Order - Buyer’s statement of will made through the store clearly defining: type and quantity of products; type of delivery; payment method; the drop point, the Buyer's data, going directly to the conclusion of the agreement between the Buyer and the Seller.

You by Tokarska Agnieszka Tokarska

ul. 1 Dywizji Wojska Polskiego 6

10-069 Olsztyn

 E-mail: you@bytokarska.com

Phone number: +48 668 349 680

 

§2 General conditions

  • The contract is concluded in Polish language, in accordance with Polish law and its regulations.
  • Drop Point must be located in the territory of the Republic of Poland.
  • The seller is obliged to provide the service and deliver the item free from defects.
  • All prices quoted by the Seller are expressed in Polish currency and are gross (inclusive of VAT). Product prices do not include the cost of delivery, which is specified in the price list of delivery methods.
  • All terms are calculated according to art. 111 of the Civil Code, that is, the deadline in days ends with the end of the last day, and if the beginning of the date marked in days is a certain event, is not taken into account when calculating the date of the day in which this event occurred.
  • Confirmation, access, consolidation, securing of all relevant provisions of the agreement in order to gain access to this information in the future takes place in the form of:
    • confirmation of the order being sent to the indicated e-mail address: order, pro forma invoice, withdrawal information, these regulations in pdf version, model withdrawal form in pdf version, links to self-download rules and withdrawal template;
    • Attached to the completed order, sent to the indicated point drop in printed copy: purchase certificate, information about the right to withdrawal, these regulations, model withdrawal form.
  • The seller informs you about guarantees given to them by other entities for the products in the store.
  • The Seller shall not charge any fees for communication with them by means of distance communication, whereas the Buyer shall bear the costs of in the amount resulting from the contract he has entered into with their mobile and internet providers.
  • The seller assures the Buyer that the system is functioning properly in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest versions of JAVA and FLASH, Horizontal above 1024 px. Using other software that affects the functionality: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, therefore, for the full functionality of the youbytokarska.com store, you must disable them altogether.
  • The Buyer may use the option to store his or her data by the store to facilitate the process of submitting another order. In order to do that, the Buyer should provide the login and password required to access his account. Login and password are a string of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access to other entities. The Buyer has the ability to view, correct, update and delete the account at any time.
  • The Seller applies  Code of Good Practice.

Buyer is obliged to:

§3 Concluding an agreement and implementation

  • Orders can be made 24 hours a day.
  • To place an order, the buyer should do the following steps, some of which may be repeated:
    • adding a product to the product basket;
    • choice of delivery type;
    • choice of payment type;
    • choice of place to release a thing;
    • place an order in the store by using the "I buy and pay" button.
  • Conclusion of the contract with the consumer takes place when the order is placed.
  • Execution of the consumer's COD ( Cash on Delivery ) order   is promptly made, whereas, of any order paid by wire transfer or electronic payment system is made after confirmation of the consumer's payment to the Seller's account, which should take place within 30 days of placing the order, unless the consumer was unable to fulfill the contract and informed the Seller.
  • The contract is concluded with the Customer at the moment of accepting the order by the Seller, as notified by the Customer within 48 hours of placing the order.
  • Execution of the consumer's COD ( Cash on Delivery ) order   takes place immediately after contract conclusion, whereas,  any other orders paid by wire transfer or electronic payment system  after confirmation of the consumer's payment to the Seller's account.
  • Execution of the Customer's order may be made dependable on making a payment of all or part of the value of the order or obtaining the credit limit of the merchant at least by the value of the order or consent of the Seller to send the order for collection (payable on receipt).
  • Submission of the subject of the contract occurs within the deadline specified on the product card, and for multi-product orders within the longest deadline specified on the product tab. The run of the term starts when the contract is executed.
  • The purchased item of the contract is accompanied by the Buyer's selected sales document sent to the Buyer selected by the Buyer for delivery to the place of delivery specified by the Buyer, enclosed with the enclosures referred to in §2 (6b)

§4 The Right of Withdrawal

  • Under Art. 27 Consumer rights, the consumer is entitled to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs referred to in art. 33, art. 34 Consumer Law.
  • The term of withdrawal is 14 days from the date of releasing  the item and it is sufficient to send a statement before the expiration of the contract.
  • Declaration of withdrawal the consumer may submit on the form, the model of which is enclosed in Appendix 2 to the Consumer Law, on the form available at youbytokarska.com/page/exchangeandwithdrawals or otherwise   Consumer Law applies.
  • The seller will promptly confirm the Consumer's e-mail (given at the conclusion of the contract and another if  it was given in the statement) to receive a withdrawal notice.
  • In case of withdrawal, the contract is considered as irrelevant.
  • The consumer is obliged to return the item to the Seller promptly, but no later than 14 days after the date of withdrawal. It is enough to return the item before it expires.
  • The consumer returns the things that are the subject of the contract from which he has renounced at his own expense.
  • The consumer does not bear the cost of providing digital content that is not recorded on a material medium unless he has agreed to meet the benefit prior to the expiration of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time such consent was given. Confirmation provided in accordance with art. 15 sec. 1 and Art. 21 sec. 1. Consumer Law.
  • The consumer is responsible for reducing the value of the thing being the subject of the contract due to unproper usage or treatment.
  •  Immediately, no later than within 14 days of receiving the consumer's withdrawal notice, the Seller will return  the Consumer all payments made by them, including the delivery costs, and if the Consumer has chosen a delivery other than the cheapest ordinary delivery method offered by The Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of Consumer Law.
  • The Seller makes a repayment  using the same method of payment that have been used by the Consumer, unless the consumer expressly agrees to another payment method that does not involve him any costs.
  • The seller may refrain from reimbursing the payment received from the Consumer until the item is returned or a proof of the item being sent by the consumer is presented, whichever occurs first.
  • Consumers in accordance with Article 38 of the Consumer Law do not have the right to withdraw from the contract:
    • where the price or remuneration depends on fluctuations in the financial market over which the Seller does not have control and which may occur before the expiration of the withdrawal period;
    • the subject of the offer is an unstructured item, manufactured to the consumer's specifications or catered to their individual needs;
    • where the subject matter is a thing that is quickly spoiled or has a short expiry date;
    • when the subject of the offer is opened, it cannot be returned for health or hygiene purposes if the packaging has been opened after delivery;
    • when the subject of the offer is a thing, that after being delivered, because of its features, is being connected inseparable with other items
    • where the subject of the offer such as audiovisual/visual recording or computer programs are delivered in sealed packaging if the packaging has been opened after delivery;
    • by providing digital content that is not recorded on a material medium if the fulfilling of the subject has begun with clear agreement of the consumer before the expiration of the withdrawal period and after informing the trader about loss of the right of withdrawal;
    • By providing dailies, periodicals or magazines, except for subscription contracts.

§5 Warranty

  • Basing on art. 558§1 of the Civil Code, Seller completely excludes liability to Customers for physical and legal defects (warranty).
  • The seller is liable and subsequent to the consumer under the terms of Art. 556 Civil Code for defects (warranty).
  • In the case of a Consumer Agreement, if a physical defect has been discovered within one year since the item having been released, it is assumed that it existed at the time the hazard was passed on to the Consumer.
  • If the item has a defect the Consumer may:
    • Make a formal complaint and demand price reduction;
    • Make a declaration of withdrawal;
  • Instead of defect fixing, Consumer may demand a replacement for the defect-free item or removal of the defect instead, unless it is impossible or requires excessive costs compared to the method proposed by Seller, while evaluating the cost overrun, the value of the defect-free item is taken into account, the nature and significance of the defect, and the disadvantages that the Consumer would otherwise be exposed to.
  • The consumer cannot withdraw from the contract if the defect is irrelevant.
  • If the item sold has a defect, the consumer may also:
    • demand a replacement for defect-free item
    • demand removing the defect.
  • The seller is obliged to exchange the faulty item for defect-free one or remove the defect within a reasonable time without inconvenience to the consumer.
  • The seller may refuse to make any amends if it is impossible to comply with the contract in a way chosen by the buyer, or it would be unreasonable for the buyer to make the contract in a way that would be  too costly .
  • In the case of assembling a defective item, the consumer may require from the Seller to dismantle and re-assemble a defect free replacement or just simply to remove defect, however, the consumer will be required to bear part of the costs if the price of dismantling is higher than the sold item’s one.The consumer may also require the Seller to pay part of the costs up to the price of the item sold. In the event of default by the Seller, the Consumer is authorized to do so at the expense and risk of the Seller.
  • A consumer who brings off warranty rights is obliged at the expense of the Seller to provide a defective item to the complaint address, The consumer is obliged to make the item available to the Seller at the place where the item is located and due to the nature of the thing or the way it was assembled .In the event of default by the Seller, the Consumer is entitled to return the goods at the Seller's expense and risk.
  • Replacement or repair costs belong to the Seller’s duty, except as described in §5 (10).
  • The seller is obliged to accept a defect item from the Consumer and exchange it to defect free or accept the withdrawal.
  • Within a forthnight the Seller shall refer to Articles 5615 Civil Code: Declaration of Request for Price Reduction, Request for Exchange of Free-of-Sale Items, Claim to Remove Defect. The seller, within thirty days (Article 7a of the consumer law) will refer to any other consumer statement that is not covered by the Civil Code date of fourteen days.
  • The Seller is liable under the warranty if a physical defect has been discovered within two years since realising goods to the Consumer, and if the object of sale is used within one year of the release of the Goods to the Consumer.
  • Consumer's claim for the removal of a defect or exchange of a defective item shall expire on the expiry of the year from the date of the defect, but not earlier than two years after the issue of the item to the consumer, and if the object is sold before the end of the year the consumer release of things.
  • In the event that the expiry date of the item ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable for the physical defects of the item found before the expiration of the period.
  • Within the deadlines specified in §5, points 15-17, the consumer may make a declaration of withdrawal or price reduction due to a physical defect of the item being sold; if the consumer requests a replacement for the defect free or defect remedy, the period of time for submitting a statement of waiving The contract or price reduction starts when the expiry date for the exchange of the item or the removal of the defect expires.
  • In the event of a court order or an arbitration court, one of the rights under the warranty, the time limit for exercising the other rights vested in the Consumer is suspended until the final termination of the proceedings. Also applicable to the mediation procedure, but the time limit for enforcing other warranty rights due to the consumer begins to run from the date the court refuses to approve the mediation agreement or the mediation has ended unsuccessfully.
  • For the exercise of rights under warranty for legal defects of a sold item, §5, points 15-16 shall apply, except that the period of time begins with the date on which the consumer learned of the existence of the defect, and if the consumer became aware of the existence of the defect only after other entities actions - from the date on which the judgment given in the dispute with other entities has become final.
  • If the consumer has made a statement about a defect or reduced price, he may claim compensation for the damage he suffered by contracting without knowing of the defect, even if the damage was a consequence of circumstances beyond the control of the seller. In particular, it can demand reimbursement of contract costs, costs of collection, transportation, storage and insurance of items, reimbursement to the extent that they have not benefited from them, and have not received their return from a third party and reimbursement of costs. It does not violate the rules on the obligation to pay compensation on a general basis.
  • The expiry of any term to declare a defect does not exclude the performance of warranty rights if the Seller defrauds fraudulently concealed.
  • If the seller is obliged to provide provision or financial services to the consumer, he/she will do so without undue delay, no later than the time allowed by law. Unless the Seller promptly and without undue inconvenience to the consumer will replace the faulty item to defect-free or remove the defect. However, if the item has already been exchanged or repaired by the Seller or the Seller has not made the obligation to exchange the item for defect-free or remove the defect, he/she shall not be entitled to exchange the item or remove the defect.

§6 Privacy policy and personal data security

  • The Seller is the administrator of the personal databases provided by the Consumer.
  • The Seller is obliged to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. The Buyer, when submitting his / her personal details to the Seller, agrees to them being processed by the Seller in order to fulfill the placed order. The buyer has the ability to view, correct, update and delete his / her personal data at any time.
  • Detailed rules for the collection, processing and storage of personal data used for order processing by the store are described in the Privacy Policy at: youbytokarska.com/page/policy_price

§7 Final Resolutions

  • Nothing in these Terms and Conditions is intended to infringe Buyer's rights. It cannot be wrongly interpreted. In case any part of the regulations should not follow the applicable law, the Seller declares absolute submission and application of that law in place of the questioned part of the regulations.
  • Buyers will be notified via e-mail (indicated for registration or e-mail order) about any changes in rules. The notice will be sent at least 30 days before  the new regulations are in operation. Amendments will be introduced to adjust the rules to the applicable legal status.
  • The current version of the Terms and Conditions is always available to the Buyer on the terms and conditions tab (youbytokarska.com/page/regulations). During the implementation of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during the order submission process apply. Except when the consumer considers it to be less favorable than the current one, they shall inform the Seller about it.
  • For matters not covered by these regulations, the applicable legal regulations apply. Disputed issues - if the consumer expresses such will - are solved by way of mediation proceedings before the Voivodship Inspectorates of Trade Inspection or the process before the arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful means of pre-trial or out-of-court dispute resolution, eg via the EU ODR web platform or by selecting any of the eligible subjects from the UOKiK registry. The seller declares his intention and agrees to the out-of-court resolution of the consumer dispute. As a last resort, the matter is settled by the proper court of local and material jurisdiction

 13.3 Version (Olsztyn, January 10th 2017)

 


 Wersja 13.3 (Olsztyn, 10 stycznia 2017 roku)

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