Terms and Conditions

Terms and conditions of the MyTornister.pl online store

 

Publication date: 19/07/2018

MyTornister.pl online store operating at http://www.mojtornister.pl is owned by Clean Air Solutions Sp z o.o. with headquarters in Warsaw (00-682), ul. Hoża 86/410, NIP number 7010593123

Contact with the online store is possible at the address of the registered office indicated above, by  e-mail: sklep@mojtornister.pl and at the phone number 48573918315

§1

Definitions

For the purposes of these Terms and Conditions, the following terms are used:

Buyer – an individual, legal person or statutory legal person,

Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws 1964.16.93),

Consumer – an individual making purchases in the Store in a scope not directly related to its business or professional activity (pursuant to Article 221 of the Civil Code),

Terms and Conditions – these regulations, available at http://www.mojtornister.pl,

Shop – online store operating at http://www.mojtornister.pl,

Seller – Clean Air Solutions Sp z o.o. with headquarters in Warsaw (00-682), ul. Hoża 86/410, NIP number 7010593123

 

§2

Preliminary provisions

Through the Store, the Seller conducts retail sales. Through the Store, the Buyer may purchase products displayed on the Store’s website.

The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyers.

To use the Store, in particular to make a purchase in the Store, it is not necessary by a computer or other device of the Buyer to meet specific technical conditions.

The following are sufficient:

Internet access,

standard operating system,

standard internet browser,

an active email address.

The buyer can not buy in the store anonymously or using a nickname.

All product prices listed on the Store’s website are gross prices.

 

§3

Ordering

In order to place an order, the Buyer is obliged to take the following steps:

choose the product or products being the subject of the order by clicking the “Add to basket” button,

from the basket view, click on the “Go to checkout” button,

provide the shipping address for the order and the invoice details – if the Buyer has previously added certain details to the account choose the method of delivery delivery and payment for the order,

read the Terms and Conditions and accept them – the Buyer accepts the Regulations only if he or she is familiar with its contents and actually accepts its provisions; acceptance of the Regulations is voluntary, but necessary to place an order, click on the “Order with payment obligation” button.

At the moment of clicking on the “I am ordering with the obligation to pay” button, a contract for the sale of products covered by the order is concluded between the Buyer and the Seller.

If the Buyer chose the payment method for the order in the form of payment via the Przelewy24 service, after clicking the “Order with payment obligation” button, the Buyer will be transferred to the transaction website of the przelewy24 service in order to make the payment for the order. After making the payment, the Buyer will be directed back to the Store’s website confirming the order.

If the Buyer chose the payment method for orders other than payment via the przelewy24 service, after clicking the “Order with payment obligation” button, it will be immediately transferred to the order confirmation page.

 

§4

Delivery and payment methods

The buyer can choose from the following options of delivery for the purchased products:

1) shipment via a courier company – cost: PLN 20.30, approximate delivery time: 1-2 days from the moment of order fulfillment,

2) InPost parcel delivery – 14.90 PLN, approximate delivery time 2 business days.

3) Environmentally friendly delivery – free courier delivery. The product is packed in recycled cardboard boxes.

The cost of delivery shall be borne by the Buyer, unless the Seller specifies otherwise in the Store.

The buyer has the following payment methods for the ordered products:

1) transfer to the Seller’s bank account,

2) payment via the przelewy24 service

3) payment by credit card via the przelewy24 service

 

§5

Execution of the contract

After placing the order by the Buyer in accordance with the procedure described in § 3 of the Terms and Conditions, an order confirmation will be sent to the buyer’s e-mail address.

If the Buyer has chosen the payment method in the form of a transfer to the Seller’s bank account, he is obliged to pay for the order within 3 days from the conclusion of the contract.

The implementation of the order consists in its preparation for shipment to the Buyer. The order is considered completed when the order is prepared for shipment.

The time of order fulfillment is always indicated in the product description.

If the order covers more than one product, the delivery time is the longest indicated time

in the description of the product included in the order.

Delivery time is counted from the moment of receiving the payment for the order.

After completing the order, the Seller will send to the Buyer’s e-mail address confirmation of the order and will begin shipping the order to the Buyer.

Shipment of the order to the Buyer is carried out in the manner chosen by the Buyer in accordance with § 4 point 1 of the Terms and Conditions.

The delivery time of the order to the Buyer depends on the shipping method chosen by the Buyer and is calculated from the date of order fulfillment in accordance with § 5 point 3 of the Terms and Conditions.

 

§6

Withdrawal from the consumer contract

A consumer who concluded a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days from the day of taking possession of the purchased items.

The right to withdraw from the contract is not payable in relation to the contract:

in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.

In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unambiguous statement – for example, a letter sent by post, fax or e-mail.

To keep the deadline to withdraw from the contract, it is enough for the Consumer to send information on the exercise of the right of the consumer to withdraw from the contract before the deadline to withdraw from the contract.

The consumer is obliged to return the product to the Seller or give it to the person authorized by the Seller to receive it immediately, but no later than 14 days from the date on which he withdrawn from the contract, unless the Seller suggested that he will pick up the item themselves. To meet the deadline, it is enough to return the product before he 14 days deadline.

The consumer bears the direct cost of returning the items.

In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer, including the cheapest available in the Store the cost of delivering the products (if the cost covered the Consumer) immediately, and in any case not later than 14 days from the day on which the Seller was informed about the performance the right to withdraw from the contract. Returns will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution. In any case, the Consumer will not incur any fees due to the form of payment reimbursement.

If the Seller has not offered to collect the item from the Consumer, they may withhold the refund of payments received from the Consumer until they receive the item back or the Consumer provides proof of its return, depending on which event occurs first.

The consumer is liable for the decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

 

§7

 Responsibility for defects

The seller is obliged to provide the buyer with a product free from defects.

The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).

If the product sold has a defect, the Buyer may:

request replacement of the product for one free from defects,

request removal of the defect,

submit a price reduction statement,

submit a statement of withdrawal from the contract.

If the Buyer discovers a defect in the product, they should inform the Seller about it, specifying at the same time his claim related to the defect found or by submitting a statement of appropriate content.

The buyer can use the complaint form. The buyer who performs the rights under the warranty may at the expense of the Seller deliver the defective product to the address of the Seller.

The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint.

The details of the Seller’s warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).

 

§8

 Personal data and cookies

The Seller is the administrator of the Buyer’s personal data.

The Seller processes the Buyer’s personal data only for the purpose of the order.

Providing personal data by the Buyer is voluntary, but necessary to perform the order.

The Seller may process the Buyer’s personal data also for a purpose other than the performance of the order after obtaining the Buyer’s prior consent.

The Seller guarantees the confidentiality of all personal data made available to him.

Personal data is collected with due diligence and properly protected against access by unauthorized persons, and their processing is carried out in accordance with the conditions set out in detail in:

the Act of 18 July 2002 on the provision of electronic services (i.e., Journal of Laws of 2013, item 1422), the Act of August 29, 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2014, item 118) 2)

Regulation of the Minister of Interior and Administration of 29 April 2004 on the documentation of the processing of personal data and technical and organizational conditions that should be met by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).

The buyer has the rights specified in the legal acts referred to in paragraph 3 above, including in particular:

access to your personal data,

requests to supplement, update, rectify personal data, temporary or permanent suspension of their processing or their removal, if they are incomplete, out-of-date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.

The seller uses cookies (small cookies), that is, small text information, stored on the final device of the Buyer (eg computer, tablet, smartphone). Cookies can be read by the Seller’s teleinformation system.

The Seller stores cookies on the Buyer’s end device and then gains access to information contained in them for statistic purposes and to ensure proper operation of the Store.

The Seller informs the Buyer that it is possible to configure the web browser, which prevents the storage of cookies on the Buyer’s end device. In this situation, the use of the Store by the Buyer may be difficult.

The Seller indicates that the cookie files may be deleted by the Buyer after they have been saved by the Seller, through appropriate functions of the web browser, programs used for this purpose or using appropriate tools available within the operating system used by the Buyer.

§8.1

Detailed information on the processing of personal data after May 25, 2018.

In connection with the entry into force of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (referred to popularly as GDPR). The Seller informs that the administrator of the data collected by this website is the store operator, the company Clean Air Solutions Sp z o. o. with headquarters in Warsaw (00-682), ul. Hoża 86/410, using the NIP number 7010593123. Contact the online store is possible at the address of the registered office indicated above, at the e-mail address info@oddechtozycie.pl and at +48222428856

This website collects data such as the user’s IP address and data contained in cookie files (or similar technologies, e.g. local storage) stored on user devices, and uses such services as provided by Google (including Google Analytics) and Facebook (including Facebook Pixel). The basis for collecting this data is the legitimate interest of the data controller, including conducting traffic analysis on the website and conducting marketing and promotion of the Seller’s own services. In the case of data collected using Google and Facebook tools, so-called profiling, that is, adjusting the content of advertisements to detailed information resulting from personal data (eg a different user will be seen by a user residing in Krakow, another in Warsaw, etc.). This is standard functionality offered by these services.

Any additional personal data (e.g. Buyer’s e-mail address, mailing address, address for shipment of goods) are collected by the Seller on the basis of their transfer by the Buyer in order to complete the order placed in the store and subsequent handling of this order (invoice details, warranty service and complaints, accounting and accounting regulations). We use professional and secure tools to send e-mails and analyze marketing data, such as the MailChimp or Metrillo system. The buyer has the right to inspect this data, request its correction and removal. For this purpose, please contact us at info@oddechtozycie.pl or the seller’s correspondence address.

Any additional marketing communication using, among others the telephone number and e-mail address provided by the Buyer or user is voluntary, based on a voluntary consent of the Buyer or user. This communication is done by sending the newsletter to the e-mail address provided. We use professional and secure tools to send e-mails and analyze marketing data, such as the MailChimp or Metrillo system. This consent may be withdrawn or modified at any time. For this purpose, please contact us at info@oddechtozycie.pl or the seller’s correspondence address.

The data administrator maintains all the principles and security standards described above in §8 in order to ensure the highest the quality of the services provided and the security of the personal data entrusted to us.

 

§9

Out-of-court ways to handle complaints and redress

Seller agrees to submit any disputes arising in connection with the sale of goods through mediation. Details will be determined by the parties of the conflict.

The consumer has the opportunity to use extrajudicial ways to handle complaints and redress. Among other things, the Consumer has the option of:

requesting a permanent amicable consumer court with a request to settle the dispute arising from the concluded sales contract,

asking the local inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,

use the help of ‘poviat’ (municipal) consumer rights advocate or social organization, whose statutory tasks include consumer protection.

For more detailed information on extrajudicial ways of dealing with complaints and redress, the Consumer may search on the website http://www.uokik.gov.pl.

The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves the purpose of resolving disputes between consumers and businesses seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.

 

§10

Final Provisions

These Terms and Conditions are an integral part of the sales contract between the Buyer and the Seller.

Regulations come into force on the day of publication on the Store’s website.

The Seller reserves the right to change the Regulations. Contracts concluded prior to the amendment of the Terms and Conditions shall apply the version of the Terms and Conditions in force at the date of conclusion of the contract.