Terms and Conditions

§1 Terms and Conditions

These Terms and Condition set out the type and scope of services rendered, including electronic services provided by the Owner, the technical requirements, and the complaints procedure.
The owner of the toma.com.pl website is TOMA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in WYSOGOTOWO, ul. SZPARAGOWA 10, entered in the register of companies of the National Court Register of the District Court for POZNAŃ, 21^st Commercial Division of the National Court Register under number KRS 0000084017, NIP [tax identification number]: 7772194812, REGON [statistical identification number]: 631035381, with a share capital of PLN 1,394,000.00.
You may contact the Owner by e-mail at: info@toma.com.pl or by phone at: +48 61 896 28 28.

§2 Definitions

Civil Code: the Civil Code Act of 23 April 1964.
Offer: an offer of services available on the Website, including relevant information about the services. An offer may also include instructions for use and detailed terms and conditions for the use of a particular service (if available).
Privacy Policy: a document defining the rules for the processing of personal information, available at toma.com.pl/polityka-prywatnosci.html.
Entrepreneur: a natural person, legal person and an organisational unit which is not a legal person and to which legal capacity is granted by law, that carries out a business on its own behalf, that uses the Website.
Entrepreneur with consumer rights: a natural person who concludes a contract directly related to their business activity, provided that it appears from the contract that it is not of professional nature to such entrepreneur, taking into account the object of the person’s business activity, made available on the basis of provisions on the Business Activity Central Register and Information Record.
Terms and Conditions: these Terms and Conditions defining the rules of using the Website.
Website: an Internet web page, application or other means of electronic communication used by the Owner to offer its services.
Contract: mutual agreement between the Owner and the user specifying mutual rights and obligations.
Distance contract: a contract where the parties are not simultaneously physically present, but rather they make exclusive use of one or more means of distance communication until and including the moment of actual conclusion of the contract.
Service: any activity with an element of immateriality which has an impact on the user or their objects and which does not result in the transfer of title, including in particular electronic services.
Electronic service: a service provided in electronic form via the Website; a service within the meaning of Article 2(4) of the Act on Provision of Electronic Services.
User: the entity using the Website.

§3 Electronic services on the Website

The following electronic services are available on the Website: search engine, Instagram feed, language selection, photo gallery.
The aforementioned services are provided to the extent described directly on the Website.
Electronic services on the Website are provided to customers on these Terms and Conditions.
The use of electronic services involves the transmission of data via the Internet, which is subject to risks inherent in the network.
It is prohibited to disseminate any unlawful and illegal content, including, in particular, any material that promotes terrorism, child sexual abuse, racism and xenophobia, and/or infringes intellectual property rights. For details on prohibited content, please refer to ‘Content restrictions: illegal content and content that does not comply with the Terms and Conditions, reporting illegal content, point of contact’ of these Terms and Conditions.

§4 Contracting rules

The Terms and Conditions and the offer specify the terms of cooperation and the conditions of contract performance.
The user shall receive the Terms and Conditions from the Owner prior to the conclusion of a distance contract. The content of the Terms and Conditions may be recorded by the user by downloading, saving on a data carrier or printing it out.
The user may not use the Website with incorrect personal data, anonymously or under a pseudonym.
These Terms and Conditions and the offer do not restrict or exclude any rights afforded to the user who is a consumer or an entrepreneur with consumer rights pursuant to mandatory provisions of law.
Should any discrepancy occur between the Terms and Conditions and the offer, the offer shall be binding.
The contract is concluded immediately after the user has used an electronic service offered on the Website.
The user must not publish any unlawful content. While using the Website the user shall be obliged to adhere to applicable laws, these Terms and Conditions and good mores, taking into consideration personal rights and intellectual property rights, including in particular any copyright belonging to the Owner or third parties and in a manner that does not interfere with the functioning of the Website.

§5 Principles of cooperation and provision of electronic services on the Website

The user may use the Website 24/7.
The Website is available free of charge to the user.

§6 Technical requirements

The user shall use the Website in accordance with applicable laws and these Terms and Conditions.
The Owner declares that in view of the fact that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying users’ data by unauthorised persons customers should use appropriate technical measures to minimise such risks.
In order to use the Website, it is necessary for the user to use:

an up-to-date version of a web browser supported by the manufacturer with Internet access (Opera, Mozilla Firefox, Google Chrome);
an up-to-date tool/program that supports electronic files in the format indicated in the offer (e.g. *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
minimum recommended screen resolution: 1024x768;
cookies and JavaScript must be enabled in the web browser.

§7 Complaints

The Owner shall be liable for the conformity of electronic services with the contract under the terms of Article 43a et seq. of the Consumer Rights Act.
This section sets out the rules of responsibility for the compliance of the provision of electronic services with the contract.
If a service does not conform to the contract, the User is entitled to require that it be remedied or replaced or that the contract be cancelled.
The Owner may provide replacement when the user requests repair, or repair when the user requests replacement, if bringing the service into conformity with the contract as requested by the user it is impossible or would impose disproportionate cost on the Owner. If neither repair or replacement is possible or any of them would require disproportionate cost, the Owner may refuse to bring the service into conformity with the contract.
If the service does not conform to the contract, the user may give a contract termination notice in the event that:

The Owner has refused or has failed to bring the service into conformity with the contract;
the non-conformity of the service continues despite the Owner’s attempts to bring the service into conformity with the contract;
the non-conformity of the service is so significant that immediate reduction of the price or withdrawal from the contract is fully justified;
it is clear from the Owner's declaration or from the circumstances that the Owner will not bring the service into conformity with the contract within a reasonable time or without undue inconvenience to the user.

The user may file a complaint regarding the non-compliance of the service with the contract by sending it to the Owner's address indicated in the Terms and Conditions (postal or e-mail address). The complaint should contain data enabling the user’s identification, a description of the complaint and the requests relating to the complaint.
If the received complaint is incomplete and therefore it may not be processed, the Owner will request that the user supplement it or else it will not be processed. The user may lodge a complaint using the form attached in Appendix No. 2 to these Terms and Conditions.
All complaints shall be resolved without unnecessary delay, no later than within 14 days of the date of lodging the complaint. A response to the complaint shall be received by the complainant in the form of an e-mail message sent to the e-mail address from which the complaint has been sent.
The user will be immediately notified of any deficiencies in the complaint notification form and will be informed how to remedy the deficiencies in the complaint notification form.

§8 Termination of the contract

This section lays down the principles of termination of the contract by a consumer and by an entrepreneur with consumer rights.
A user who is a consumer or an entrepreneur with consumer rights shall be entitled to withdraw from the contract within 14 days subject to the provisions below. In order to exercise the right of termination, the user shall notify the Owner thereof making an unequivocal statement to the Owner by e-mail or by a letter sent to the address indicated in the Terms and Conditions. A contract withdrawal form is given in Appendix No. 1 to these Terms and Conditions.
In the event of withdrawal from the contract for the provision of an electronic service, the user shall refrain from using such service and shall not make it available to any third parties.

§9 Copyright and licenses

All materials made available by the Owner, including photographs, texts, artwork, multimedia and trademarks constitute works within the meaning of the Copyright and Neighbouring Rights Act and are subject to legal protection.
Copyright to the aforementioned materials is held by the Owner or another entity from which the Owner has obtained a respective license. Materials may also be used by the Owner based on other legal grounds.
Any material made available by the Owner may only be used by the user for their own purposes, unless the offer provides otherwise. Any further dissemination, publishing, duplication or downloading of the materials outside the permitted scope of use is unlawful.
The Owner grants the user a non-exclusive license, without the right of sub-license and without territorial restrictions. Time limits are specified in the offer or in these Terms and Conditions.
The user is not entitled to use the material in any fields of exploitation.
In the event the prohibition referred to in this paragraph is infringed, including infringement of copyright, the Owner shall be entitled to pursue damages and seek compensation from the user. The user may be held liable under civil or criminal law with regard to the foregoing.
The Owner has the right to update the Website from time to time.
These Terms and Conditions shall be governed by the laws of the Republic of Poland.

§10 Final provisions

During the period of force majeure, parties to the contract shall be exempted from any liability whatsoever for non-performance or undue performance of the contract, as long as the circumstances of force majeure hinder the performance of the contract. The foregoing shall also apply during the period immediately preceding or immediately following the force majeure event, if the force majeure event prevents the performance of the contract during such period.
Force majeure refers to an unexpected sudden event or natural disaster beyond the control of the Parties, which could not have been foreseen or prevented, including in particular events such as flood, war, acts of terror, or a state of emergency.
As far as the use of the services is concerned, it is prohibited to act in a manner contrary to the law, good practices or to violate personal rights of third parties, or to provide any unlawful information.
Amicable settlement of disputes and handling of complaints. The consumer shall have the right to turn to:

the Permanent Consumer Court of Arbitration (pl. stały polubowny sąd konsumencki) with a request to resolve a dispute arising from the concluded contract;
the Regional Inspector of Trade Inspection with a request to institute mediation proceedings with the aim to amicably settle the dispute between the user and the Owner;
the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include protecting consumers in order to obtain assistance regarding the contract;
or may use the ODR platform. The platform serves to resolve disputes between consumers and traders http://ec.europa.eu/consumers/odr.

The Owner reserves the right to amend these Terms and Conditions for important reasons, including, in particular, due to changes in legal regulations (such as amendments to the provisions of the Civil Code, the Consumer Rights Act, the Act on Provision of Electronic Services, as well as pursuant to valid decisions of the OCCP [Office of Competition and Consumer Protection], President of the Personal Data Protection Office [pl. PUODO] or court rulings to the extent corresponding to the issued decisions / rulings), to the extent these changes force the Owner to also amend these Terms and Conditions and also in the event of a significant change in the business environment, provided that there is a cause-and-effect relationship between the above-mentioned changes and the change in the service provision cost on the part of the Owner.
The applicable law shall be Polish law, subject to paragraph 9.
The competent court shall be a Polish court of law subject to paragraph 9.
As far as a user who is a consumer is concerned, provisions of these Terms and Conditions do not deprive the consumer of the protection afforded to them pursuant to provisions of the law of the state of their primary residence, which cannot be excluded pursuant to the contract. In the event that the provisions that apply in the consumer's state are more favourable to the consumer, and these provisions cannot be excluded pursuant to the contract, they shall apply to the contract entered into between the user and the Owner.
Rules concerning the processing of personal data are provided in the Privacy Policy.
There Terms and Conditions are effective as of 2025-02-24.

Appendix No. 1.

CONTRACT WITHDRAWAL FORM

Fill in the form if you wish to withdraw from the contract.

Place and date:

Your first name and surname:
Your address:
Your e-mail address:
Your phone number:

Withdrawal from the contract

I withdraw from the contract for service provision:

Appendix No. 2.

COMPLAINT FORM

Fill in the form if you wish to make a complaint regarding Product’s non-conformity with the Contract.

Place and date:

Your first name and surname:
Your address:
Your e-mail address:
Your phone number:

Order number:
Date of placing the order:

Complaint Notification Form

This is to inform that the Service provided by the Owner does not conform to the Contract

This refers to the following service:

The non-conformity was determined on:

The non-conformity of the service with the Contract involves:

In consideration of the foregoing, I request that: