Terms & Conditions

1 GENERAL PROVISIONS

The Company’s principal activity is the creation, manufacture and sale of upmarket ready-to-wear clothes and fashion accessories, which it distributes worldwide under the TOVA brand name. In order to meet its customers’ requirements to best possible effect, in addition to the shops that it operates and its distribution network, the Company has set in place a distance selling system for a selection of items made available via the Internet.

These standard terms and conditions of sale and use define the parties’ respective rights and obligations in the context of the sale of products to customers and use of the Internet site. The customer declares that they have taken due cognizance of the said rights and obligations.

These Terms and Conditions (hereinafter referred to as the “Regulations”) stipulate the conditions and rules of providing services by electronic means by Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka based in Końskie, ul. Gruntowa 3, entered into the Register of Entrepreneurs, NIP (Taxpayer ID number) 5252770912.

Any actions described in the Regulations, related to placing orders and the complaints procedure, should be notified to the following email address operated by the seller: [email protected].

Whenever the following notions appear in the Regulations, they are meant to denote:

E-mail address – marking of an ICT system which makes it possible to communicate using electronic media, and especially e-mail.
Cookie – text file in which the server of the Web page records information on the hard disc of the computer that the User uses. The information recorded in the cookie file can be read by the Web page server while connecting again from that computer, but it can also be read by other servers.
Payments System Operator – entity selected by the Service Provider which provides services related to the delivery, maintenance and handling of card payments.
Payments by electronic means – card payment the Customer makes, carried out within online banking, supported by the Payments System Operator.
Means of electronic communication – technological solutions, including ICT equipment and their associated software tools, enabling individual distance communication using data transmission between ICT systems, in particular e-mail.
Web page – website which belongs to the Service Provider, located at http://tova.pl, through which Customers can use services consisting in providing information.
Sales System – application available on the Web page, through which it is possible to use the services provided by electronic means by the Service Provider.
Providing a service by electronic means – performance of the service, which is done by sending and receiving data using ICT systems, to individual Customer demand, without the simultaneous presence of the parties; the data are transmitted via public networks, as stated in the Telecommunications Act.
Services – any services provided by electronic means by the Service Provider to Customers, on the basis of these Regulations.

2 SCOPE OF ACTIVITY

In order to communicate with the Customer while providing the Services referred to above and in connection with them, the Service Provider uses the Means of electronic communication, in particular e-mail, the Web page and the Sales System. The costs the Customer bears for using the above means of distance communication for the conclusion of contract shall not be higher than for the regular use of those means of communication and depend on the price list of the operator whose services the Customer uses.

3 TECHNICAL REQUIREMENTS AND INFORMATION

In order to use the Web page it is necessary to have a computer or another electronic device with access to the Internet and software for browsing the Web (browser) which supports cookies and scripts based on JavaScript, if handling of those has been activated, as well as to have an individual e-mail account.

In order to use the Services within the Sales System, which consist in placing orders, it is necessary to have a computer or another electronic device with access to the Internet and software for browsing the Web (browser) which supports cookies and scripts based on JavaScript, if handling of those has been activated, as well as to have an individual e-mail account.

The information contained in system logs (eg. Users’ IP address) is used by the Service Provider for technical purposes. In addition, the information is used to collect general statistical data. This site uses cookies to deliver services and content tailored to your individual needs and interests. Disabling cookies on your browser may cause inconvenience or prevent the use of the Services. Cookies are also used to collect general statistical information about the use of the Web page by Users.

SELLING APPAREL PRODUCTS

4 ORDERS

Services consisting in the sale of apparel products can be realized through the Sales System.Services offered by the Service Provider within the Sales System can only be used by natural persons of age, with the full capacity to act, within the meaning of the Civil Code, as well as by legal persons.

An order can be placed when a Customer has filled in a form in the Sales System, in which they submit their first and last name and delivery address. After completing the form, the Customer is obliged to verify the consistency of the data and to confirm them.

An order is placed when a Customer selects products through the Sales System. The Order is confirmed by clicking the “Pay now” button on the order summary screen. An Order placed by the Customer is an offer, as defined by the civil law.

When confirming the form content, the Customer declares that the data are correct and that:

they have familiarized themselves with the Regulations and agree to observe them. The Customer accepts the Regulations without the need to submit a separate statement,
the data submitted in the form are complete and true,
they are entitled to conclude the contract for providing services by electronic means,
the data submitted by them do not infringe any third party rights.

The fact that an order has been placed will be confirmed automatically by e-mail.

5 DELIVERY AND ITS LIMITATIONS

Deliveries are carried out internationally (EU and US) by DPD.

The time of delivery depends on the area determined in accordance with the postal code assigned to the address submitted by the Customer. A recorded parcel shall be sent within the time specified in the System Sales, counted from the date of contract, whose length depends on the availability of the product. The deadline for performing the service by the Service Provider is not more than one month.

Due to the limited number of apparel products offered, the Service Provider reserves the right to limit the number of accepted offers, depending on quantity of goods available.

The Service Provider reserves the right to refuse to execute an order in the following cases:

there are definite doubts concerning the Customer,
it has not been possible to confirm the order,
the Customer does not observe the Regulations,
the order cannot be executed for logistical reasons,

Employees of the Service Provider shall immediately notify the Customer by e-mail at the e-mail address provided by the Customer in the order or by telephone about the refusal to conclude the contract.

The Service Provider shall not be liable for any delay or non-delivery of the order within the time specified by the Customer as a result of events and situations which were beyond the Service Provider’s control and prevented the execution of the Order.

6 RIGHT OF WITHDRAWAL

The Customer may withdraw from the Contract without giving reasons.

The deadline to withdraw is 14 days counted from the day when the Customer received the item or when a third party, other than the carrier, and indicated by the Customer, received the item.

In case if the items ordered by the Customer were delivered separately or in parts, the deadline to withdraw is 14 days counted from the day when the Customer received the last item or when a third party, other than the carrier, and indicated by the Customer, received the last item or part.

In order to make use of the right of withdrawal, the Customer must inform the Service Provider, e.i. Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, 26-200 Końskie, ul. Gruntowa 3, email:[email protected], of their decision to withdraw from the Contract in form of an unambiguous statement (eg. a letter sent by mail or e-mail).

If the Customer sends a request of withdrawal, the Service Provider will promptly send an acknowledgment of receipt of their notice of withdrawal from the contract by e-mail. In order to meet the deadline it is sufficient for the Customer to send the information on making use of their right of withdrawal before the specified deadline.

The Customer shall send back or return the goods to the Service Provider immediately, and in any case no later than within 14 days counted from the day when the Customer informed the Service Provider of their withdrawal from the Contract. The deadline is kept if the Customer returns the goods within 14 days to the address: Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, 26-200 Końskie, ul. Gruntowa 3, POLAND. Goods offered as a set shall be returned in their entirety.

All goods shall be returned in their original condition, with all original tags and packaging intact.

Goods offered as a set shall be returned in their entirety.

The Customer bears the cost of returning the goods.

The Customer is responsible for a reduction in the value of goods resulting from using them in a different way than it was necessary to establish the nature, characteristics and functioning of the items.

The Service Provider may refuse to accept the return if the returned goods have been altered (in particular incomplete, without tags, used, washed or damaged), except where the change was necessary to establish the nature, characteristics and functioning of the items.

7 COMPLAINTS PROCEDURE

The Service Provider is obliged to provide the Customer with the goods without physical or legal defects. The Service Provider shall be liable to the Client for the defectiveness of the goods sold, which existed at the time when the goods were supplied to the Customer or resulted from a causes inherent to the goods sold, to the extent specified in the Act of April 23, 1964, Civil Code, and the Act of May 30, 2014, about consumer rights.

Customers are required to examine the object of delivery at the moment of delivery. If there are no reservations concerning the condition of the object of delivery and if the acknowledgment of receipt was signed without reservations, it is presumed that the condition of the goods was adequate.

Customers have the right to file complaints to the Service Provider concerning the Services through deliverers and to the e-mail address [email protected].

Complaints concerning the Services are considered by the Service Provider or an employee nominated by them within 14 days counted from the day when it was filed.

A correct complaint concerning the Services, sent to the e-mail address [email protected], should contain at least the following data:

marking of the Customer and the Order;
object of the complaint;
circumstances which justify the complaint.

Faulty goods together with the complaint shall be sent to the following address: Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, 26-200 Końskie, ul. Gruntowa 3, POLAND, including a description of the defect and the data which make it possible to identify the Customer.

In the event that claims are regarded as reasonable, the Service Provider shall also refund the cost the Customer had to bear to send the faulty apparel product by ordinary parcel.

PRICE AND FORMS OF PAYMENT

8 SALE PRICE

Prices in the Sales System are gross prices and they include VAT valid at the time of placing the Order. The payment currency depends on the system settings in the Customer’s device.

By placing the Order the Client accepts the current selling price and his or her obligation to pay it.

The Client is obliged to cover all additional costs beyond the selling price quoted in the Sales System for the delivery of the ordered goods, in particular customs duties, import duties, handling fees or similar if the Client’s obligation to cover these costs arise from the legal regulations applicable in the country of delivery. The Service Provider shall not be obliged to cover the above listed additional payments.

The prices quoted in the Sales System do not include additional payments referred to in Par. 4. The Service Provider has no control over the above listed payments and the nature of the service does not allow for calculating them in advance as they depend on the value of the goods and the delivery costs in particular. To calculate additional costs contact your customs office or other competent authorities before placing your order with the Service provider.

If the Client refuses to cover additional costs referred to in Par. 4, the goods shall be returned to the Service Provider and the Client shall bear direct costs of returning the goods.

Customs procedure or any other import procedure, provided for by the regulations applicable in the country of delivery, may result in delays being beyond the control of the Service Provider. In the event of the delay we recommend contacting customs office or any other competent authority to determine the reasons behind the delay before filing the complaint with the Service Provider.

The authorities of the country of dispatch may submit settlement documents relating to additional payments referred to in Par. 4 to the Client after the delivery date. The above case does not constitute the Service Provider’s delay in the delivery of the goods and the Service Provider shall bear no responsibility over the delivery of the above listed settlement documents.

The sales document is always consistent with the sale price applicable at the time when the order is accepted by the Buyer, regardless of the selected delivery date.

For certain regions outside of the European Union which typically charge import duties on goods purchased online, the Seller will offer an option of a DDP (Delivery Duty Paid) service. In such cases the Seller will add the cost of automatically calculated import duties to the total cost of products purchases at the checkout and allow the Customer to pay import duties directly in a single transaction. When a customer selects a DDP option he or she will not be required to pay duties once the goods arrive in the destination country as any such payment will be handled by the UPS customs agency on behalf of the Customer.

9 ACCEPTED METHOD OF PAYMENT

An acceptable form of payment is exclusively a payment online by any card supported by the Payment System Operator.

Payments in the Payment System can only be made by persons authorized to use the particular instrument, using which a payment is made, in particular a payment card can only be used by its authorized holder. Fraud cases detected by the Service Provider will immediately be reported to the appropriate law enforcement authorities.

When making payments using a card, the customer is automatically redirected to the window where data necessary to make the payment shall be entered.

In order to make a payment the Customer should confirm making a payment on the website of the appropriate partner of the Payment System, according to the rules determined by that partner; when making any changes in the payment form made available on those pages and automatically completed by the Payment System, the payment cannot be made.

Any electronic payments are made in accordance with the valid regulations of the Payment System Operator or of the partner of the Payment System, and the Service Provider is not responsible for their functioning.

Partners of the Payment System and the Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular if doubts arise concerning the legality of the transaction because of which the payment is made, or the legality of the payment itself.

The Service provided by the Service Provider is free of charge, however, if the Customer selects electronic payment as a form of payment, a fee for the order is charged in the amount shown before placing the order.

RESPONSIBILITY AND FINAL PROVISIONS

10 RESPONSIBILITY

It is forbidden to download data base contents made available on the Web page and in the Sales System, and to use them in their entirety or in a significant part.

The Service Provider does not permit to copy, modify, distribute, transmit or otherwise use any tracks made available on the Web page and in the Sales System, except for using them in the context of fair use.

The Service Provider shall not be liable for any damages resulting from the cessation of service provision, where it is a consequence of not being able to effectively perform services due to the Customer’s fault. The Service Provider is also not responsible for damages resulting from the cessation of service provision by the Customer infringing the Regulations.

Apart from the above, the Service Provider shall not be liable for:

any damage caused to third parties, arising from Customers making use of the Services in a manner inconsistent with the Regulations or laws;
information and materials downloaded and sent via Internet by Customers;
loss of data by the Customer resulting from external factors (eg. software failure), or other circumstances beyond the Service Provider’s control (action of others);
damages resulting from the lack of continuity in the provision of Services;
Customers submitting false or incomplete information when placing an Order;
Customers’ failure to comply with the Regulations.

11 COPYRIGHT

It is forbidden to copy and distribute the materials in the Sales System and on the Web page without written consent and knowledge of the owners of copyrights.

12 FINAL PROVISIONS

The Service Provider has the right to unilaterally modify the Regulations. Such modifications of the Regulations shall enter into force the moment the changed Regulations are posted on the Web page or in the Sales System. A Customer has the right to terminate the Agreement without the notice period if they do not approve of the changes to the Regulations.

Recognizing specific provisions of the Regulations in the manner prescribed by law to be invalid or ineffective does not affect the validity or effectiveness of other provisions of the Regulations. In place of the invalid provision a regulation will be applied which is closest to the objectives of the invalid or ineffective provision and the entire Regulations.

The contract concluded by the Parties consists of the Order and the present Regulations together with all annexes that constitute integral parts of the contract. The possibility of using general terms of Customer’s contracts (if used) is excluded.

The service contract is concluded for an indefinite period of time. The Parties have the right to terminate the contract which makes it possible to access the Sales System and the Web page with a one-month-notice period.

The Parties are in agreement that the law applicable to the using or infringing the Regulations and to the agreements made on the basis of the Regulations is the Polish law. This statement is a conflict choice of law.

If in the complaints procedure the Customer’s complaint was rejected, and on the condition of mutual consent, the dispute concerning the purchased product or service may be subject to extra-judicial ways of solving affairs in form of mediation and amicable judiciary.

The Parties are in agreement that jurisdiction to hear disputes arising from the use or violation of the Regulations and to contracts concluded on the basis of the regulations shall be a court competent for the defendant or the court of the place of execution of contract.

In cases not covered by the Regulations the following laws will apply: Act of April 23, 1964 – Civil Code (Dz.U. 1964, No. 16, item 93 as amended), Act of May 30, 2014, on consumer rights (Dz. U. 2014.827) and Act of July 18, 2002, on provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended).