Terms and conditions of the TOVA online store

To download a PDF version of the regulations, click here.

Attachments:

Form of withdrawal from the contract of sale of goods (PDF)

I. General Provisions

These Regulations set out the general conditions, the manner of providing electronic services and sales conducted through the Internet Store www.tova.pl. The store is operated by Katarzyna Janecka, a sole proprietor of Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, at 3 Gruntowa Street, 26-200 Końskie, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy, NIP: 658-191-06-51, REGON: 260506525.
Contact with the Seller is made through:
1. email address: [email protected],
2. at: 530703859,
3. Application form available at:www.tova.pl.
These Terms and Conditions are continuously available on the website www.tova.pl, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client’s ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.
The Seller has designated a single point of contact for contacting Customers, the authorities of the European Union member states, the European Union Commission and the Digital Services Board referred to in the DSA Regulation. Communication at the point is carried out at the e-mail address indicated in subsection 2 above, in Polish and English.

II. Definitions

The terms used in the Regulations shall mean:

Working days – are days from Monday to Friday excluding public holidays;
Customer – a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account – A part of the Online Store assigned to a given Customer, through which the Customer can perform certain actions within the Online Store;
Consumer – A natural person making a legal transaction with the Entrepreneur that is not directly related to his/her business or professional activity;
Entrepreneur – a natural person, a legal person and an organizational unit, not being a legal person, to which special regulations grant legal capacity, conducting business or professional activity in its own name;
Account – publicly available content added by the Seller by Customers through the functionality of the Online Store;
Regulations – this document;
DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council (EU) of October 19, 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
Goods – the product presented in the Online Store, the description of which is available next to each product presented;
Contract of sale – contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically, within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Law on consumer rights – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on providing services by electronic means – Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – the Customer’s statement of intent, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
1. A computer or mobile device with Internet access,
2. email access,
3. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
4. Enabling Cookies and Javascript in your web browser.
Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
In particular, the customer is obliged to:
1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, defames or violates personal rights, copyrights and other rights of third parties,
2. use of the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
4. Use of the Online Store in a manner that is not onerous for other Customers and for the Seller,
5. use any content posted within the Online Store only for your own personal use,
6. use of the Internet Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
The Seller may voluntarily undertake actions to check the Accounts added by Customers, in particular for compliance with subsection 3 above.
The Vendor, when taking review actions, does not use algorithmic decision-making. All decisions made by the Vendor regarding the Account are the result of a human review.
The Seller allows Customers to report Accounts (hereinafter: “Notification”) that violate, in particular, subsection 3 above, including, in particular, content that violates the provisions of Polish and European Union law.
The Customer may submit a Request via the dedicated contact form at https://tova.pl/kontakt/ or via email at [email protected].
If the Application contains electronic contact information of the Customer who made the Application, the Seller shall, without undue delay, send the Customer an acknowledgement of receipt of the Application.
The Seller, after carrying out the verification activities referred to in subsection 4 above or after receiving the Application from the Customer, shall, within 14 days from the date of receipt of the Application, make a decision on the notified Account.
The decision referred to in subsection 9 above (hereinafter the “Decision”) may consist of:
1. Restricting the visibility or deleting the Account to which the Application pertained;
2. Suspension or termination of the Account of the Customer who added the Account to which the Application relates.
Seller, makes the Decision in a timely, non-arbitrary, objective manner and with due diligence.
The Seller shall, without undue delay, inform the Customer who made the Application about the Seller’s Decision.
Vendor, if it has the electronic contact information of the Customer who added the submitted Account, the decision made, and also provides the reasons for the decision.
A customer who has added a submitted Account may file an appeal against the Vendor’s Decision within 14 days from the date of receipt of notification of the Vendor’s Decision.
The appeal may be submitted to the Vendor via e-mail at [email protected] and should include the name and e-mail address of the Customer who added the reported Account, along with a comprehensive justification.
The Seller shall consider the appeal referred to in item 14 above within 14 days from the date of receipt.

IV. Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account or uses the “Remove Account” button.
The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter service.
The Customer has the option to send messages to the Seller using the contact form. The contract for the provision of the service of providing an interactive form that allows Customers to contact the Vendor is concluded for a definite period of time and is terminated when the Vendor responds.
The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.
The statements should be edited in a clear and understandable manner, moreover, they may not violate applicable laws, including the rights of third parties – in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.
By posting a statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as to the development of works within the meaning of the Law on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s websites. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

V. Procedure for conclusion of the Sales Agreement

Information about the Goods provided on the Store’s websites, in particular, their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, conform to the Agreement and have been legally introduced into the Polish market.
In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, it shall provide this information to the Consumer in each case, when placing an Order, taking into account the requirements imposed in this regard by data protection legislation.
The condition for placing an Order is to have an active e-mail account.
In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client’s offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
The contract of sale shall be concluded in the Polish language, at the Customer’s choice, with the content in accordance with the Regulations.

VI. Delivery

Delivery of Goods takes place throughout the European Union and is carried out at the address indicated by the Customer when placing the Order.
The customer can choose the following forms of delivery of the ordered Goods:
1. via courier service,
2. delivered to a Parcel Machine.
The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The time limit for delivery and execution of the Order is calculated in Business Days in accordance with Clause. VII pp. 2.
The Seller shall, at the Customer’s option, provide with the Goods either a receipt or a VAT invoice covering the Goods supplied.

VII. Prices and payment methods

The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
The customer can choose the following payment methods:
1. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed);
The Seller on the Store’s website in the description of the Goods shall inform the Customer of the deadline within which he is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call to cease or remove the violations with setting an appropriate time limit, may withdraw from the Sales Agreement on the basis of Article 491 of the Civil Code.

VIII. Entitlement to withdraw from the contract

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
The customer may formulate the statement on his own or use the model statement of withdrawal, which is attached as Appendix 1 to the Regulations.
The 14-day period is counted from the day on which delivery of the Goods took place or, in the case of a contract for the provision of Services, from the date of its conclusion.
Upon receipt of the Consumer’s statement of withdrawal, the Seller will send confirmation of receipt of the statement of withdrawal to the Consumer’s e-mail address.
The consumer’s right of withdrawal is excluded in the case of:
1. Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract, and accepted it;
2. contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal;
3. contract, in which the object of performance is a non-refabricated Goods, produced to the Consumer’s specifications or serving to meet his individualized needs;
4. contract, in which the object of performance is Goods that are perishable or have a short shelf life;
5. contract in which the object of performance is Goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
6. contract in which the object of performance is Products, which after delivery, due to their nature, are inseparably combined with other things;
7. an agreement in which the subject of performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
8. contract, in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the Consumer with respect to additional services or Goods;
9. a contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for a subscription contract;
10. contract concluded through a public auction;
11. contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
12. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13. Contracts for the supply of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the Consumer, who has been informed before the start of performance that after the Seller’s performance he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Law on Consumer Rights.
In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management, and in particular to ascertain the nature, characteristics and functioning of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Consumer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints about Goods under warranty

The Seller undertakes to deliver the Goods in accordance with the Agreement.
The Seller shall be liable for non-compliance of the Goods with the contract under the terms of the Consumer Rights Act to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of the Contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Complaints, resulting from the violation of the Customer’s rights guaranteed by law, or on the basis of these Regulations, should be addressed to Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, 15 Fabryczna Street, 26-200 Końskie, to the e-mail address: [email protected], telephone number +48696987925 or using the contact form.
In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 2 above.
The seller undertakes to process each complaint within 14 days of receipt.
In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer. The Seller shall reimburse the Customer for shipping costs.

X. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints may be submitted in writing to the address: Przedsiębiorstwo Handlowo-Produkcyjne Katarzyna Janecka, 15 Fabryczna Street, 26-200 Końskie, to the e-mail address: [email protected], telephone number +48696987925 or using the contact form.
In the complaint, the customer should provide his name, mailing address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI. Guarantees

Goods may have a manufacturer’s, Seller’s or importer’s warranty.
In the case of Goods under warranty, information on the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the web pages of the Store.

XII. Out-of-court ways of settling complaints and pursuing claims

A customer who is a Consumer has, among other things, the following options for using out-of-court means of handling complaints and claims:
1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of Consumers (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected].

XIII. Protection of personal data

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy, which is attached as Appendix 3 to the Regulations.

XIV. Final Provisions

All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Terms and Conditions.
The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, apply to an individual who concludes a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims do not apply.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is not a Consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of them to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Seller of the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the agreement.