Regulations of the TommyTomson.com online store

1. The Regulations specify the general conditions, rules and manner of conducting business by Ryszard Rosiak supporting business activity under the name Przedsiębiorstwo Handlowo Usługowe TOMSON Ryszard Rosiak with its registered office in Łódź for running the online store www.tommytomson.com (hereinafter referred to as the "Online Store") defines the rules and conditions for the use of free services by Ryszard Rosiak operating within the company Przedsiębiorstwo Handlowo Usługowe TOMSON Ryszard Rosiak based in Łódź, by other means.

§ 1 Definitions

1. Days of the week - means the days of the week from Monday to the week with a public holiday.

2. Delivery - means the actual function of delivering the Goods in the order by the Seller, through the Supplier, to the Customer.

3. delivery - means the entity with which you cooperate as a supplier in the field of Delivery of Goods:

a) a courier company;

4. Password - means a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer's Account in the Online Store.

5. Customer - means an entity for which, in accordance with the Regulations and the law, services may be provided electronically or with whom a Sales Agreement may be concluded.

6. Consumer - means a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.

7. Customer Account - means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has registered and concluded a contract for the provision of the Customer Account service.

8. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

9. Entrepreneur with Consumer rights - means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional nature for this Entrepreneur, resulting in particular from the subject of his business activity, made available on based on the provisions on the Central Registration and Information on Economic Activity.

10. Regulations - means these regulations.

11. Registration - means an actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.

12. Seller - means Ryszard Rosiak running a business under the name Przedsiębiorstwo Handlowo Usługowe TOMSON Ryszard Rosiak with its registered office in Łódź (93-582), Felsztyńskiego 12/26, entered into the Central Register and Information on Business Activity kept by the Minister of Development, Labor and Technology, NIP: 7292727964, REGON: 381571871; e-mail: kontakt@tommytomson.com, which is also the owner of the Online Store.

13. Store Website - means the websites under which the Seller runs the Online Store, operating in the domain www.topmagnesy.com.

14. Goods - means a product presented by the Seller via the Shop Website, which may be the subject of a Sales Agreement.

15. Durability - the ability of the Goods to maintain their functions and properties in the course of normal use.

16. Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate for the purposes for which this information is used, and which allows the stored information to be reproduced in an unchanged form.

17. Sales contract - means a sales contract concluded at a distance, on the terms set out in the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on on the Store Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements enabling the use of the Store Website are a web browser in the version of at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection with bandwidth of at least 256 kbit/s.

3. The Seller uses the mechanism of "cookies", which, when the Customers use the Shop Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at the correct operation of the Store's Website on the Customer's end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.

4. In order to place an order in the Online Store via the Store Website or via e-mail and to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.

5. In order to place an order in the Online Store by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.

6. It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to the law, decency or infringing the personal rights of third parties.

7. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide him with the Password in any form.

8. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the Seller's interest, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting untrue or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to register free of charge.

2. Registration is not necessary to place an order in the Online Store.

3. In order to register, the Customer should complete the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. When filling in the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.

5. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. At this moment, an agreement for the electronic provision of the Customer Account service is concluded, and the Customer gains access to the Customer Account and makes changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.

2. The Customer may place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.

3. The Customer may place orders in the Online Store via telephone during the hours and days indicated on the Store's Website.

4. The customer placing an order via the Shop Website completes the order by selecting the Goods he is interested in. Goods are added to the order by selecting the "ADD TO CART" command under the given Good presented on the Store's Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the "BUY AND PAY" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.

5. The customer placing an order via telephone uses the telephone number provided by the Seller on the Store's Website. During the telephone conversation, the Customer indicates to the Seller the name of the Goods from among the Goods available on the Store's Website, the quantity of the Goods he would like to order and specifies the method and address of Delivery and the form of payment, and also indicates, at his option, his e-mail address or correspondence address for confirmation by Seller the content of the proposed contract and order confirmation - in the event that a Sales Agreement was concluded between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected method of Delivery, as well as about all additional costs that the Customer would be obliged to incur if the Sales Agreement were concluded.

6. The Seller confirms to the Customer the content of the proposed Sales Agreement, recorded - according to the Customer's choice - on paper or in the form of an electronic message - the confirmation takes place before the conclusion of the Sales Agreement.

7. The Customer's statement on the conclusion of the Sales Agreement, submitted by him after receiving the confirmation from the Seller, referred to above in §4 section 6, is fixed on paper or other durable medium.

8. After concluding the Sales Agreement via telephone, the Seller will send on a Durable Medium, to the e-mail or correspondence address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation includes in particular: specification of the Goods being the subject of the Sales Agreement, their price, the cost of Delivery and information on any other costs that the Customer is obliged to incur in connection with the Sales Agreement.

9. The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer provides in particular: the name of the Good, the color and its quantity, from among the Goods presented on the Store Website and his contact details.

10. After receiving from the Customer by e-mail the message referred to in §4 sec. 9, the Seller sends a return message to the Customer via e-mail, providing his registration data, the price of selected Goods and possible forms of payment as well as the method of Delivery along with its cost, as well as information on all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected form of payment and method of Delivery.

11. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.

12. After placing the order, the Seller sends a confirmation of its acceptance to the e-mail address provided by the Customer. Information on confirmation of order acceptance is the Seller's declaration of acceptance of the offer referred to in §4 section 11 above and upon its receipt by the Customer, a Sales Agreement is concluded.

13. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium, to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or ordering.

§ 5 Payments

1. The prices on the Store Website placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.

2. The Customer may choose the following payment methods for the ordered Goods:

a) bank transfer to the Seller's bank account (in this case, the execution of the order will start after the Seller sends the Customer confirmation of the order and after the funds are credited to the Seller's bank account);

b) cash on delivery, payment to the Supplier when making the Delivery (in this case, the execution of the order will be started after the Seller sends the confirmation of acceptance of the order to the Customer);

3. The customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.

4. In the event of the Customer's failure to make the payment within the time limit referred to in §5 sec. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional deadline for payment also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable Medium pursuant to Art. 491 of the Civil Code.

§ 6 Delivery

1. The Seller carries out the Delivery on the territory of the Republic of Poland.

2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.

3. The Seller publishes information on the number of Working Days needed for the Delivery and execution of the order on the Store's Website.

4. The date of Delivery and execution of the order indicated on the Store's Website is counted in Working Days in accordance with §5 sec. 2 of the Regulations.

5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

6. On the day of sending the Goods to the Customer (if the possibility of personal collection of the Goods has not been selected), information confirming the sending of the parcel by the Seller is sent to the Customer's e-mail address.

7. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier's employee to draw up a proper report.

8. The Seller, in accordance with the will of the Customer, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery. In order to receive a VAT invoice, the Customer should declare at the time of purchase that he purchases the Goods as an Entrepreneur (taxpayer). Submission of the above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller.

9. In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.

§ 7 Warranty for Entrepreneurs

1. The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.

2. If the Goods have a defect, the Entrepreneur may:

a) submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or remove defects. The Entrepreneur may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with a defect-free one, or instead of the replacement of the Goods, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by a different method of satisfaction.

b) demand replacement of defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with ones free from defects or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur. The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

3. The entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. The cost of delivery is covered by the Seller.

4. The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Entrepreneur. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement of price reduction due to a defect in the Goods. If the Entrepreneur demanded the replacement of the Goods with a defect-free one or the removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.

5. Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address

6. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Entrepreneur.

7. The entrepreneur may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: Kontakt@tommytomson.com. In the complaint, the Entrepreneur should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider complaints and provide the Entrepreneur with an answer.

§ 8 Non-compliance of the goods with the contract Complaint of the Consumer and Entrepreneur with the rights of the Consumer

1. The goods are compliant with the contract if, in particular, their:

(a) description, type, quantity, quality, completeness and functionality, and for goods with digital elements, also compatibility, interoperability and availability of updates;

b) suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights notified the Seller at the latest at the time of concluding the contract and which the Seller accepted.

2. In addition, in order to be considered compliant with the contract, the Goods must:

a) be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;

b) occur in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights may reasonably expect, taking into account take into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller proves that:

a. nie wiedział o danym publicznym zapewnieniu i oceniając rozsądnie, nie mógł o nim wiedzieć;

b. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;

c. the public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.

c) be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;

d) be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before the conclusion of the contract, and correspond to the description of such sample or pattern.

3. The Seller shall not be liable for the non-compliance of the Goods with the contract in the scope referred to in §8 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §8 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods.

4. The Seller is liable for the non-conformity of the Goods with the contract resulting from improper packaging of the Goods.

5. The Seller shall be liable for the non-compliance of the Goods with the contract existing at the time of their delivery and revealed within two weeks from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer . It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two weeks from the moment of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract .

6. The Seller may not invoke the expiry of the deadline to determine the non-conformity of the Goods with the contract specified in §8 section 5, if this deficiency was deceitfully concealed.

7. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.

8. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may make repairs when the Consumer or Entrepreneur with Consumer rights requests replacement, if the Goods are brought into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with Consumer rights. is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.

9. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the way of bringing the Goods into compliance with the contract.

10. The Seller shall make the repair or replacement within a reasonable time from the moment when the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose in which which the Consumer or Entrepreneur with Consumer rights acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

11. The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.

12. If the Goods were installed before the non-compliance of the Goods with the contract was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its own expense.

13. The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the usual use of the Goods, which were then replaced.

14. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may submit a statement of price reduction or withdrawal from the contract when:

a) The Seller refused to bring the Goods into compliance with the contract in accordance with §8 section 8 above;

b) The Seller has not brought the Goods into conformity with the contract in accordance with §8 section 10 to §8 sec. 12 above;

c) the non-compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;

d) the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in §8 section 7 to §8 sec. 12 above;

e) the Seller's statement or the circumstances clearly show that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights.

15. The seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.

16. The Seller returns to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer rights.