§ 1. Definitions

  1. Customer – a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, whom the specific provisions grant legal capacity, who places an Order in an E-Store;
  2. Seller – TOKART E-Store – Artur Burak ul. Nadrzeczna 22, 16-010 Wasilków NIP: 966-158-16-36
  3. E-Store – an Internet service available at  the address Tokart.eu, through which the Customer may, in particular, place Orders;
  4. Regulations – these Regulations for the provision of electronic services for customers of the E-store;
  5. Goods – products presented in the E-Store;
  6. Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales contract, specifying in particular the type and quantity of Goods.
  7. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, concluded using the E-Store  Internet service;
  8. Cart – functionality of the Tokart.eu E-Store, which shows the Goods selected by the Customer for purchase and allows the Customer to determine and modify the Order data;
  9. Individual Customer Account – functionality of the Tokart.eu E-Store, providing the possibility to make purchases without re-entering the Customer’s identification data and participate in the contests for Customers.
  10. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  11. Act on specific terms and conditions of consumer sale – the Act of July 27, 2002 on specific terms and conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended);
  12. Act on the provision of electronic services – the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

§ 2. General provisions

  1. These Regulations define the rules for using the E-Store and are the regulations referred to in art. 8 of the Act on the provision of electronic services.
  2. These Regulations define in particular: – the rules for registering and using an individual Customer account as part of the E-Store;
    – the terms and conditions for submitting Orders via E- Store;
    – the rules of concluding Sales Contracts with the use of services provided as part of the E-Store.
  3. The contracts via the E-Store may be concluded by natural persons with full legal capacity, legal persons and organizational units without legal personality with legal capacity granted the act
  4. Information about the Goods provided on the Store website, in particular their descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
  5. The information on the price provided on the Tokart.eu website is binding from the moment the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.

§ 3. Rules for using the E-Store

  1. Viewing the Products of the E-Store is possible without logging in, however, making purchases requires the registration of an individual Customer account by the Customer.
  2. Each time you log in to the Website, you accept these Regulations, the Privacy Policy and the Cookies Policy.
  3. Each order of Goods on the Website is tantamount to the acceptance of the terms of the provision of the Service, contained in this document.
  4. In order to register in the Tokart.eu E-Store, please complete the registration form, providing your name, e-mail address and password, accept these Regulations and agree to the processing of the Customer’s personal data to the extent necessary to complete the Order.
  5. Registration in the E-Store and using its functionalities are free of charge.
  6. After registration in the E-Store, each logging is carried out using the data provided in the registration form.
  7. The Customer undertakes to keep the unique login and password given during registration secret and not to disclose it to third parties.
  8. All Goods ordered after logging in by the Customer using a unique login and password are considered to be ordered by the Customer.
  9. The Customer cannot evade any responsibility towards the Tokart.eu E-Store (including payment) in the event that the Order is placed using the unique login and password assigned to the Customer.
  10. In order to cancel the registration in the E-Store, please send an e-mail with a request to cancel the registration to the following address: blueazure.pl@gmail.com
  11. The Seller may deprive the Customer of the right to use the E-Store, he may also limit his access to some or all of the E- Store’s resources, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular, when the Customer operates in the E-Store in a manner that generally violates applicable law, third party rights and personal interests, rules of social coexistence or the provisions of these Regulations, and also, when the Customer failed to collect the ordered Goods at least twice.
  12. A person who has been deprived of the right to use the E-Store, cannot make another registration without the prior consent of the Seller.

§ 4. Procedure for concluding a Sales Contract

  1. In order to conclude a Sales Contract via the E-Store, you shall first register on the Tokart.eu website or log-in at the indicated address, and then select the Goods, taking further technical steps based on the messages displayed to the Customer and information available on the website.
  2. The selection of Goods ordered by the Customer is made by adding or removing them from the Cart.
  3. The Order shall be completed on the condition that the Goods are in stock of the E-Store.
  4. When placing the Order – until the moment you press the “I order and pay” button – the Customer has the option to modify the entered data regarding the selection of the Goods.
  5. After the Customer using the E-Store provides all the necessary data, a summary of the Order placed will be displayed.
  6. The summary of the Order will contain information on: – the ordered Goods,
    – unit and total price of the ordered Goods,
    – selected delivery method,
    – delivery costs,
    – selected payment method,
    – selected delivery address.
  7. Sending the Order by the Customer is a declaration of will to conclude a Sales Contract with the company, in accordance with the Regulations.
  8. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.
  9. The Contract is considered concluded when the Customer receives the e-mail referred to in sec. 8 of this paragraph.

§ 5. The method and terms of delivery of Goods

  1. The delivery of Goods is limited to the territory of Poland and the Goods shall be sent to the address provided by the Customer when placing the Order.
  2. Deliveries outside Poland can be organized after prior valuation of shipment and its acceptance by the customer.
  3. Delivery of goods ordered in the E-Store is carried out by: – Courier
    – Polish Post
  4. It is recommended to verify the condition of the package in the presence of the courier.

§ 6. Prices and methods of payment

  1. The prices of Goods are given in Polish zlotys and include all components, including VAT (providing the tax rate) and all other components.
  2. The Seller reserves the right to change prices at any time.

§ 7. The right to withdraw from the contract

  1. Each customer, who is a consumer within the meaning of art. 221 of the Civil Code and the user of the E-Store, has the right to withdraw from the concluded contract for the sale of Goods, without giving any reason, within the time limit provided below. The declaration on withdrawal from the contract should be sent to the following address: – by regular mail – Sklep Tokart.eu – Artur Burak ul. Nadrzeczna 22, 16-010 Wasilków NIP: 966-158-16-36
    – by e-mail – biuro@tokart.eu, with the order number in the e-mail subject line and the declaration on the “withdrawal from the contract”.
  2. The right to withdraw from the Contract may be granted to the consumer within the deadline of 14 days from receipt of goods. The deadline is met if the consumer sends a declaration of withdrawal before its expiry to the address given above.
  3. The right to withdraw from the contract by the consumer is excluded in the case of Goods that do not have factory packaging or security features and show signs of use.
  4. In the event of withdrawal from a distance contract, the contract is considered void. What the parties provided shall be returned unchanged. The return should be made immediately, no later than within 14 days.
  5. The goods purchased should be returned to the following address: Tokart.eu – Artur Burak ul. Nadrzeczna 22, 16-010 Wasilków NIP: 966-158-16-36
  6. The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage to the package during transport.
  7. All payments received from the customer, including delivery costs (except for the difference between express delivery costs and regular delivery costs) will be refunded within 14 days of receipt of goods. The refund will be made using the same payment method that was used to pay for the goods in question.

§ 8. Complaints

  1. Complaints arising from the violation of the Customer’s rights, as well as related to the functioning of the E-Store, should be sent to the following address: biuro@tokart.eu or to the postal address: ul. Nadrzeczna 22, 16-010 Wasilków.
  2. The Seller undertakes to process the complaint within 14 days, and if it is not possible, he shall inform the Customer on the new date for processing the complaint.
  3. After exhausting the complaint procedure, the Customer has the right to pursue claims arising from the Order at court.

§ 9. Final provisions

  1. Settlement of any disputes arising between the Seller and the Customer who is a consumer within the meaning of art. 221 of the Civil Code, will be held before the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  2. Settlement of any disputes arising between the Seller and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code will be held before the court having jurisdiction over the seat of the Seller.
  3. The E-Store runs a policy of protection and processing of personal data of Customers in accordance with the Act of August 29, 1997 on the protection of personal data, as well as the Privacy Policy available at any time on the Tokart.eu website. The Customers have the right to access their personal data, as well as to correct it or remove it.
  4. In matters not covered by these Regulations the provisions of the Polish Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.