- GENERAL PROVISIONS
- PROVISION OF E-SERVICES
- TERMS OF SALE
- WITHDRAWAL FROM THE AGREEMENT
- PROCESSING OF CLAIMS
- PERSONAL DETAILS
- FINAL PROVISIONS
- DEFINITIONS The specific terms used in these Terms of Service are defined as follows:
1.1 PASSWORD – an alphanumeric string required for authorization while logging into the Account, specified personally by the Customer during Registration.
1.2 CUSTOMER – a natural person with full legal capacity and in cases determined by the respective regulations also a natural person with limited legal capacity; a legal person or an institution with no legal standing and which receives legal standing according to the law and which intends to enter or has entered a Sale Agreement or an E-service Agreement.
1.3 CIVIL CODE - the Civil Code Act of 23th of April 1964. (the Journal of Law no. 16, item 93 with amendments).
1.4 CONSUMER – a natural person for whom concluding a Sale Agreement or an E-service Agreement is not directly related with his or her commercial activity or professional activity.
1.5 ACCOUNT (CUSTOMER’S ACCOUNT) – Store’s subpage which shows, among other things, details on Customer’s Orders in the Internet Store.
1.6 PRODUCT – goods available in the Internet Store being the subject of a Sale Agreement between the Customer and the Seller.
1.7 TERMS OF SERVICE – These terms of service for the Internet Store.
1.8 REGISTRATION – one-time procedure comprised of the creation of the Customer’s Account, performed with a registration form provided by the Service Provider on the Store site.
1.9 INTERNET STORE (STORE) – the internet store of the Service Provider accessible at www.twigasklep.pl, where the Customer may conclude a Sale Agreement or an E-service Agreement.
1.10 SELLER – Marta Czajka running a company named TWIGA Marta Czajka, os. Wichrowe Wzgórze 34F/1 61-699 Poznań entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the ministry responsible for economic matters, NIP 7792210796, REGON 302527908, e-mail: firstname.lastname@example.org,
phone: (+48) 791430819 (standard call fees as specified by the service operator).
1.11 PARTY – the Service Provider, the Seller or the Customer.
1.12 SALE AGREEMENT (AGREEMENT) – an agreement covering sale of the Product made in the Internet Store.
1.13 E-SERVICE – service provided by means of electronic systems by the Service Provider through the Internet Store.
1.14 SERVICE PROVIDER – Marta Czajka running a company named TWIGA Marta Czajka, os. Wichrowe Wzgórze 34F/1 61-699 Poznań entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the ministry responsible for economic matters, NIP 7792210796, REGON 302527908, e-mail: email@example.com,phone: (+48) 791430819 (standard call fees as specified by the service operator).
1.5 PURCHASE ORDER – declaration made by the Customer for the purpose of concluding a Sale Agreement for the Product and determining its essential terms.
- GENERAL PROVISIONS
2.1 These Terms of Service are not meant to exclude or limit any rights of a Customer who is also a Consumer to which he or she is entitled by the binding regulations of the law. If any of the provisions of these Terms is not compliant with those regulations, the regulations shall take precedence.
2.2 These Terms of Service outline the rules for the use of the Internet Store by the Customers.
2.3 These Terms of Service are terms of service as specified by the article 8 of the act of 18th of July 2002 on providing services by electronic means (the Journal of Law of 2002 no. 144, item 1204 with amendments) and specifies the terms for conclusion of Sale Agreements in the Internet Store.
2.4 The Internet Store is maintained by: Marta Czajka running a company named TWIGA Marta Czajka, os. Wichrowe Wzgórze 34F/1 61-699 Poznań entered in the Central Register and Information on Economic Activity of the
Republic of Poland maintained by the ministry responsible for economic matters, NIP 7792210796, REGON 302527908, e-mail: firstname.lastname@example.org,phone: (+48) 791430819 (standard call fees as specified by the service operator).
2.5 The Service Provider provides the following E-services through the Internet Store:
2.5.1 Customer’s Account in the Internet Store;
2.5.2 An interactive form allowing the Customers to place Purchase Orders in the Internet Store.
2.6 Minimal technical requirements for communication of the computer system used by the Service Provider:
2.6.1 A computer with Internet access;
2.6.2 E-mail access.
2.6.3 Recommended display resolution:1024x768;
2.7 The Customer shall not provide illegal content.
2.8 The Customer shall provide details that correspond to the actual state.
2.9 The Customer shall use the Internet Store according to the law and good practice, respecting personal rights and intellectual rights of third parties.
2.10 In order to maintain safety of communication the Service Provider shall use available technical and operational means depending on the possible threat level of the provided E-service.
- PROVISION OF E-SERVICES
3.1 Within the Store the Service Provider shall provide E-services within the scope and according to the provisions specified in these Terms of Service.
3.2 The E-services are provided by the Service Provider free of charge.
3.3 Terms of the E-service Agreement:
3.3.1 The E-service Agreement concerning the maintenance of the Customer’s Account in the Internet Store is concluded at the Registration.
126.96.36.199 Registration requires that the Customer enters the following details in the registration form: first name and surname, address (street, street number, city and postal code), email address, contact phone number and Password.
3.3.1 The E-service Agreement concerning the access to the interactive form that allows placing Orders in the Internet Store is concluded with the moment the Service is first used (adding a Product to the cart).
3.4 The E-service Agreement concerning the maintenance of the Customer’s Account in the Internet Store is of indefinite duration.
3.5 The E-service Agreement concerning the access to the interactive form that allows placing Orders in the Internet Store has limited duration and expires at the moment an Order has been placed.
3.6 Termination of the E-service Agreement:
3.6.1 The Customer may terminate the E-service Agreement of indefinite duration at any time and without giving any reasons, with 7-day notice.
3.6.2 The Service Provider may terminate the E-service Agreement of indefinite duration in case the Customer objectively, severely or persistently violates the Terms of Service, in particular when he provides illegal content. The violation of terms must be objective and unlawful. Termination may be notified after at least one cease and desist letter has been delivered with a reasonable notice period and it has been ineffective. In such case termination is effective with 14-day notice.
3.6.3 Termination of the E-service Agreement of indefinite duration by any of the Parties does not violate rights or provisions acquired by the Parties during the term of the Agreement.
3.6.4 The above notwithstanding the Parties may terminate the E-service Agreement at any time by mutual agreement.
- TERMS OF SALE
4.1 Announcements, advertisements, price lists and other information about Products provided on the webpages of the Internet Shop and in particular their descriptions, technical and operational parameters and prices are an invitation to conclude an agreement as understood by article 71 of the Civil Code.
4.2 The price of the Product shown on the page of the Internet Store is given in Polish zlotys and includes all subtotals, including VAT. However, the Product prices do not include delivery costs which – if they apply – are given when the Order is placed and are available on the Store page in the tab Delivery costs at the address: twigasklep.pl/pl/i/Koszty-dostawy/8
4.3 The Product price given on the Store page is binding at the moment the Customer places his or her Order. The Price will not change even in case of changes in prices in the Internet Store, which might occur for various Products after the Customer has placed his or her Order.
4.4 In order to conclude the Sale Agreement for a Product with the interactive form it is necessary to visit the Store website, select a Product and place an Order by means of an interactive form, according to messages and information displayed to the Customer.
4.4.1 At placing the Order it is required to provide the following details: first name and last name, address (street, street number, city and postal code), contact phone number, Product, amount of Product, place and method of delivery, payment method.
4.5 Placing an Order with the interactive form occurs when the field PLACE ORDER is clicked in the form.
4.6 After the Oder has been placed the Seller without undue delay
(1) confirms its receipt, which makes the Customer’s declaration binding and
(2) accepts the Order for execution – at this moment the Sale Agreement has been concluded.
Confirmation of the receipt of the Order and its acceptance for execution is made by sending a relevant e-mail to the Customer at the e-mail address given at placing the Order.
4.7 While the interactive form for Order placement is filled out – until the order has been placed – the Customer has the right to update entered details. In order to do that it is required to observe displayed messages and information available on the Internet Store website.
5.1 In case the Sale Agreement has been concluded, the Product
shall be delivered within 16 calendar days
from the day when the Sale Agreement has been concluded.
5.2 The Seller shall deliver Products according to the Customer’s choice:
5.2.1 By mail or carrier specified at the Order placement.
5.3 Products are delivered in the territory of the Republic of Poland.
5.4 Delivery costs will be expressly given at the Order placement and and are available on the Store page in the tab Delivery costs at the address: twigasklep.pl/pl/i/Koszty-dostawy/8
6.1 The Seller provides the following payment methods:
6.1.1 Cash on delivery;
6.1.2 Bank transfer (the Seller’s bank account details are given on the Store pages and in an email sent to the Customer after the Order has been placed).
6.2 In case a method of payment different than cash on delivery is selected, the Customer shall make a payment of a price according to the Sale Agreement within 7 days from its conclusion, unless the Agreement provides otherwise.
6.3 In case of Customers who are not Consumers The Seller has the right to limit accessible methods of payment and to require full or partial prepayment.
- WITHDRAWAL FROM THE AGREEMENT
7.1 A Customer who is also a Consumer and who has concluded a Sale Agreement or an E-service Agreement may withdraw from it without specifying any reasons by delivering written notice within 14 days from its conclusion. The date is considered to be observed if the notice has been sent before the date has passed. The above right may be executed by the Consumer by sending a notice on withdrawal to the email address: email@example.com
7.2 The 14-day period during which the Consumer may withdraw from a Sale Agreement or E-service Agreement commences on the date of issue of the Product in case of a Sale Agreement and in case of an E-service Agreement – from the date of its conclusion.
7.3 In case of withdrawal from an Agreement, the Sale Agreement or the E-service Agreement are considered to be unconcluded and the Customer is free of any obligations. What has been provided by the Parties is returned intact, unless a change has been required as part of a due course. Return shall be performed without undue delay within fourteen days. If the Consumer has made any prepayments, he is due statutory interest from the date the prepayment has been made
7.4 The Seller shall return funds to a bank account specified by the Consumer or in a different way
specified by the Consumer.
7.5 The Consumer cannot execute the right to withdraw from a remotely concluded agreement in the following cases:
(1) the services has already been provided, with the Consumer’s approval, before the date specified in 7.1 and 7.2;
(2) audio and video recordings or data contained on media if the Consumer has removed their original packing;
(3) agreements concerning services which prices or fees depend solely on price movements
in a financial market;
(4) deliverables with properties specified by the Consumer in his or her Order
or strictly related to his or her person;
(5) deliverables which due to their character cannot be returned or which may
(6) delivery of press;
(7) services related to gambling.
- PROCESSING OF CLAIMS
8.1 Claims due to non-conformity of a Product with the Sale Agreement
8.1.1 The Seller is responsible before the Customer who is a natural person and who purchases the Product for purposes unrelated to professional or commercial activities, due to non-conformity of a Product with the Sale Agreement within the scope specified by the Act on Special Terms of Consumer Sale
and an Amendment of the Civil Code of 27th July 2002 (the Journal of Law, no. 141, item 1176 with amendments).
8.1.2 Claims due to non-conformity of a Product with the Sale Agreement may be provided in writing to the address: firstname.lastname@example.org
8.1.3 The Seller shall investigate the claim without undue delay within 14 days. The Seller’s response concerning the claim is sent to the address specified by the Customer or in another way specified by the Customer.
8.1.4 The Seller informs that in case of Products covered by a warranty the relevant rights should be exercised according to the terms specified in the warranty card. Warranty for a given Product does not exclude, limit or suspend the Customer’s rights arising from the Seller’s obligation due to non-conformity of a Product with a Sale Agreement in the scope specified by the Act on Special Terms of Consumer Sale and an Amendment of the Civil Code of 27th of July 2002 (the Journal of Law, no. 141, item 1176 with amendments).
8.2 Claims related to performance of E-services and other claims related
to the operation of the Internet Store
8.2.1 Claims related to performance of E-services and other claims related to the operation of the Internet Store may be provided in writing to the email address: email@example.com
8.2.2 It is recommended to provide in a claim as much information and circumstances of the subject of the claim as possible, in particular the kind and the date of occurrence of the defect and the contact data – it facilitates claim processing by the Service Provider.
8.2.3 The Seller shall investigate the claim without undue delay within 14 days.
8.2.4 The Service Provider’s response concerning the claim is sent to the address specified by the Customer or in another way specified by the Customer.
consistent with art. 13 and 14 of the Regulation of the European Parliament and 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
9.1 The administrator of your data is: Marta Czajka operating under the name TWIGA Marta Czajka, os. Wichrowe Wzgórze 34F, 61-699 Poznań NIP 7792210796, e-mail address: firstname.lastname@example.org,
9.2 Your personal data collected by the Administrator via the Online Store is collected for the purpose of implementing the Sales Agreement or an agreement for the provision of Electronic Services concluded with it.
9.3 You have the right to access your data and to correct, delete or limit processing, as well as the right to object to the processing and the right to transfer data.
9.4 Providing personal data by the Customer is voluntary, but necessary for the implementation of the contract, sale or contract for the provision of Electronic Services.
9.5 Not providing the personal data indicated in the Regulations necessary to conclude a Sales Agreement or contract for the provision of Electronic Services will prevent the conclusion and implementation of this contract.
9.6 Data provided by you will not be disclosed to entities other than those authorized under the law. These data will not be subject to disclosure to third parties.
9.7 Personal data will be processed in the period necessary to carry out your service and in accordance with the legal requirements.
9.8 Data shared by you will not be subject to profiling.
- FINAL PROVISIONS
10.1 Agreements concluded through the Internet Store are concluded in Polish.
10.2 Matters not settled in these Terms of Service are governed by the law applicable in the territory of the Republic of Polish, including the Civil Code, the Act on Provision of Electronic Services of 18th of July 2002 (the Journal of Law no. 144, item 1204 with amendments);
the Act on Protection of Certain Consumer Rights and Responsibilities for Damages Incurred by a Hazardous Product of 2nd of March 2000 (the Journal of Law no. 22, item 271 with amendments); the Act on Special Terms of Consumer Sale and an Amendment of the Civil Code of 27th of July 2002 (the Journal of Law no. 141, item 1176 with amendments) and other applicable regulations of the Polish law.
10.2.1 Selection of the Polish law does not remove the protection of the Customer provided by regulations which cannot be excluded by an agreement that are part of the law that would be applicable in case the Polish law was not selected, i.e. the law of the country in which the Consumer has residence and an entrepreneur
(1) conducts his commercial or professional activities in a country in which the consumer has regular residence;
or (2) in any way he directs such activities to that country or to several countries including that country;
and the agreement lies within the scope of that activity.
10.3 Customers may access the Terms of Service at any Time using the link provided on the homepage of the Internet Store and download them to print them out. Terms of Service for the Internet Store are available at: https://twigasklep.pl/en_US/i/Terms-of-use/21
and they are provided free of charge to a Customer (electronically) at each of his or her request.
10.4 Recording, securing and providing to the Client the contents of a Sale Agreement and a E-service Agreement is performed by
(1) providing Terms of Services on pages specified in 10.3 and
(2) sending emails to a Customer and in case of a Sale Agreement also by
(3) attaching a sales receipt to the deliveries.
10.5 Disputes arising between the Service Provider, the Seller and the Customer who is also a Consumer shall be resolved by the common court having jurisdiction. 10.5 Disputes arising between the Service Provider, the Seller and the Customer who is not
a Consumer shall be resolved by a court having jurisdiction over the headquarters of the Service Provider or the Seller.
10.6 Placing an Order means that the Customer has read and accepted these Terms of Service.