Terms and Conditions of Service

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On-line bookstore operating at www.tmc.com.pl hereinafter referred to as “TMC” is managed by Top Mark Centre s.c. Marek Majewski, Sylwia Majewska, a company with its registered office in Warsaw, at: ul. Urbanistów 1/51, 02-397 Warsaw, NIP [Tax ID] 526-273-69-28, REGON [Statistical Number] 015594686 (Commercial office: ul. Jaworskiego 7, 05-090 Raszyn), hereinafter referred to as “TMC”.

Article 1 General provisions

1. These Terms and Conditions of Service outline the rules governing the use of the TMC on-line bookstore, concluding and executing contracts via the TMC on-line bookstore by and between TMC and the Client, placing orders for the books available at the TMC on-line bookstore, delivering the ordered books to the Client, paying the purchase price for the purchased books by the Client, withdrawing of the Client from the order, exercising the right to withdraw from the concluded contract by the Client, the rules of filing and considering complaints.
2. The Client is obliged to use the TMC on-line bookstore in line with its purpose.

Article 2 Registration

1. The Client may register at the tmc.com.pl on-line bookstore (Client account). Registration is not necessary to make purchases at the on-line bookstore.
2. In order to register an account at the on-line bookstore, the Client:
a) must fill in the form available at the website of the on-line store, providing their name and surname, e-mail address using which TMC may contact the Client and password;
b) must accept these Terms and Conditions (oblige to adhere to these Terms and Conditions);
c) must give consent to processing personal details within the scope necessary to conclude, amend, terminate, and properly execute a contract concluded electronically by and between the Client and TMC.
3. Registration at the on-line bookstore and using the functionalities offered by the on-line bookstore are free of charge.
4. After registration, the Client logs in using the details that had been provided in the registration form.
5. In order to delete the Client account from the on-line bookstore, the Client should send an e-mail with a request to delete the account to bok@tmc.com.pl, specifying the e-mail address registered at the on-line bookstore.


Article 3 Concluding a Contract – general provisions

1. Information on books available at the on-line bookstore serves as an invitation to place an offer in the understanding of Article 71 of the Act of 23 April 1964 – Civil Code.
2. The prices of books specified at the on-line bookstore:
a) are listed in Polish zlotys and include the due and payable goods and services tax (VAT);
b) do not include delivery costs;
c) are binding upon the Client’s placement of the order.
3. TMC accepts the following types of Payment:
a) by wire transfer to 25195000012006931218850002 Idea Bank
b) payment on receipt – the cost of the order to be paid on receipt (this payment method is only available for the orders delivered to a Polish address);
c) via PayU payment system.
4. The entity that renders the payment services specified in Article 3(3)(c) above is PayU S.A. with its registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, entered into the register of businesses kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, holder of NIP [Tax ID]: 779-23-08-495, share capital PLN 4,000,000, paid in full, national payment institution supervised by the Polish Financial Supervisory Authority, entered into the register of payment services under no. IP1/2012 (in line with the terms and conditions available at:
http://www.payu.pl/sites/default/files/regulaminy_i_pliki/REGULAMIN_SWIADCZENIA_USLUGI_PAYU.pdf).
5. For an order whose value is less than PLN 150 delivered within Poland, the Client pays the following delivery costs:
a) In Poland:
Fedex courier service
(i) PLN 13 – payment in advance to the bank account
(ii) PLN 15 – payment on receipt
Poczta Polska
(i) PLN 10 – payment in advance to the bank account
(ii) PLN 15 – payment on receipt
b) Delivery costs of orders sent abroad depends on the target country and is determined individually.
6. Orders whose value exceeds PLN 150 are delivered within Poland free of charge.
7. For orders that are to be delivered outside the territory of the Republic of Poland, the delivery costs are agreed individually with the Client.
8. TMC reserves the right to change the prices of the goods in the offer and to introduce new goods to the offer of the on-line bookstore.
9. The total price, including taxes and delivery costs, is presented to the Client directly before the Client places the order.
10. Orders at TMC may be placed:
a) vial the website www.tmc.com.pl or www.medicalbooks.tmc.com.pl
b) by phone at: +48 22 428 30 14
c) by sending an e-mail to: bok@tmc.com.pl

Article 4 Concluding a contract via the website


1. In order to place an order via the website, the Client should:
a) select a book to be ordered, click the button “Add to Basket” (or equivalent) – this may be done before registering at the on-line bookstore and before logging in;
b) select the payment method out of the methods indicated by the on-line bookstore;
c) select the delivery method of the ordered books;
d) address to which the books are to be delivered and the name and surname of the recipient;
e) details needed to issue an invoice by TMC (if the Client wishes to receive an invoice);
f) confirm the order by clicking the button “I place my order and I will pay” (or equivalent).
2. By placing an order as described in Article 4(1) above, the Client makes the statement of will to TMC, being the offer to conclude a contract to sale goods specified by the Client, in line with these Terms and Conditions.
3. After placing the order as described in Article 4(1) above, TMC shall send an e-mail to the Client (to the address provided by the Client upon registration):
a) information specified in Article 12(1) of the Act of 30 May 2014 on consumer rights;
b) a link that must be clicked by the Client to confirm the order.
4. The contract is concluded upon the Client’s confirmation of the order by clicking the link mentioned in Article 4(3)(b) of these Terms and Conditions.

Article 5 Concluding a contract by phone

1. To place an order by phone, the Client should contact a TMC employee at +48 22 428 30 14 and state the following during the conversation:
a) title and number of ordered books;
b) select the payment method out of the methods indicated by the on-line bookstore;
c) select the delivery method for the ordered books;
d) address to which the books are to be delivered and the name and surname of the recipient;
e) details needed to issue an invoice by TMC (if the Client wishes to receive an invoice);
f) e-mail address, through which TMC may communicate with the Client.
2. By placing an order as described in Article 5(1) above, the Client makes the statement of will to TMC, being the offer to conclude a contract to sale goods specified by the Client, in line with these Terms and Conditions.
3. After placing the order as described in Article 5(1) above, TMC shall send an e-mail to the Client (to the address provided by the Client upon registration), containing
a) information specified in Article 12(1) of the Act of 30 May 2014 on consumer rights;
b) confirmation of the contents of the proposed contract.
4. After receiving the e-mail in line with Article 5(3) above, the Client, in order to conclude the contract, should respond to the received e-mail (by sending an e-mail to medic@tmc.com.pl), specifying in the contents of the e-mail that the Client confirms the terms of the contract by using the phrase “I accept the terms”, “I give consent”, or equivalent, which clearly indicates the intention to conclude the contract. The Client’s response to the e-mail received in line with Article 5(3) above comprises the statement of will to conclude the contract on the terms and conditions specified in the e-mail sent in line with Article 5(3) above. Conclusion of the contract is effected upon TMC receiving the response from the Client in line with this Article 5(4).

Article 6 Concluding a contract by e-mail

1. To place the order by e-mail, the client should send an e-mail to bok@tmc.com.pl, in which the Client should specify:
a) title and number of ordered books;
b) select the payment method out of the methods indicated by the on-line bookstore;
c) select the delivery method for the ordered books;
d) address to which the books are to be delivered and the name and surname of the recipient;
e) details needed to issue an invoice by TMC (if the Client wishes to receive an invoice);
f) e-mail address, through which TMC may communicate with the Client.
2. By placing an order as described in Article 6(1) above, the Client makes an offer to conclude a purchase contract with TMC.
3. After placing the order as described in Article 4(1) above, TMC shall send an e-mail to the Client (to the address provided by the Client upon registration):
a) information specified in Article 12(1) of the Act of 30 May 2014 on consumer rights;
b) confirmation of the contents of the proposed contract.
4. After receiving the e-mail in line with Article 6(3) above, the Client, in order to conclude the contract, should respond to the received e-mail (by sending an e-mail to bok@tmc.com.pl), specifying in the contents of the e-mail that the Client confirms the terms of the contract by using the phrase “I accept the terms”, “I give consent”, or equivalent, which clearly indicates the intention to conclude the contract. The Client’s response to the e-mail received in line with Article 6(3) above comprises the statement of will to conclude the contract on the terms and conditions specified in the e-mail sent in line with Article 6(3) above. Conclusion of the contract is effected upon TMC receiving the response from the Client in line with this Article 6(4).

Article 7 Personal details

1. Upon registering at TMC, the Client gives consent to processing the Client’s personal details for the purposes related to executing orders placed at TMC.
2. The consent to process personal details is a necessary condition for concluding the contract (realising the order) by and between the Client and TMC. The Client bears the liability for providing incorrect or incomplete personal details.
3. Personal details are protected in line with the Act of 29 August 1997 on personal data protection in the manner that prevents the details from being accessed by third parties; in particular, the Clients are entitled to access their details, to adjust them, and to demand their deletion.
4. A true address and phone number must be provided so that we can realise the order. If TMC suspects that incomplete or false details were provided, TMC reserves the right to refuse to realise such order (in such case TMC shall notify the Client about the fact of exercising this right).

Article 8 Completing orders

1. Completion of the order begins:
a) upon the funds being credited on the TMC’s bank account (in the event of orders to be paid for by wire transfer); or
b) upon confirmation of the order by the Client, in line with Articles 4(4), 5(4), or 6(4) above (payment on receipt).
2. A contract is concluded provided that the book ordered by the Client is present in the TMC’s storehouse at the time the order was confirmed.
3. If the condition specified in Article 8(2) above is not met, but TMC makes an attempt to obtain an ordered book at a later date (temporary unavailability of the goods), TMC shall inform the Client about it (by sending an e-mail to the address provided by the Client upon registration), specifying that the Client is entitled to make a statement:
a) to consent to realising the order at a later date – if the Client makes such a statement, TMC shall undertake to act with due diligence in order to obtain the ordered product as soon as possible; TMC shall notify the Client about the estimated delivery deadline immediately after obtaining the necessary information;
b) not to consent to realising the order at a later date – if the Client makes such a statement, the contract between TMC and the Client is deemed not valid.
4. If the condition specified in Article 8(2) above is not met, but TMC fails to make an attempt to obtain an ordered book (permanent unavailability of the goods), TMC shall inform the Client about it (by sending an e-mail to the address provided by the Client upon registration).: In such case, the contract between TMC and the Client is deemed not valid.
5. If the condition specified in Article 8(2) above is not met only with respect to some books in the order, Articles 8(3) and 8(4) apply accordingly, and the Client is entitled to state whether the Client consents to partial realisation of the order.
6. The deadline for completing the order is up to 3 business days since the conclusion of the contract. The date the Client receives an order is made up of the completion period and the estimated delivery time.
7. The estimated delivery times are as follows:
a) Poczta Polska – priority package, delivery time 2-3 business days;
b) Fedex service – courier service, delivery time 1-2 business days.
8. The delivery is realised in the manner selected by the Client and specified in the order.
9. The Client is informed about the status of the order in the user panel after logging in to TMC.
10. The Client is informed about dispatching or pick-up of the order via e-mail.
11. TMC undertakes to secure the books to be sent to prevent damaging them.

Article 9 Complaints

1. TMC is liable towards the Client, if the sold book has defects that decrease their value or fitness for the purpose specified in the contract, or due to the circumstances or purpose of the goods, if the given article does not exhibit the features that TMC assured the Client of, or if the given article was delivered to the buyer in its incomplete state (warranty for physical defects). For avoidance of doubt, defects that trigger the liability under the warranty for physical defects are as follows:
a) defects caused through the fault of TMC, such as: technical defects, mechanical damage, incurred during the delivery;
b) printing defects or similar defects, which are not visible before the order is opened.
2. In the matters not regulated by these Terms and Conditions, the principles governing the liability of TMC under warranty for physical defects are regulated in the provisions of the Act of 23 April 1964 – Civil Code.
3. The Client may exercise the right to file a complaint (liability of TMC for physical defects) through filing a relevant statement with TMC. The Client makes a statement on filing a complaint either electronically or by using a relevant form available at the TMC’s website, or by sending a relevant statement to bok@tmc.com.pl.
4. The statement mentioned above in Article 9(3) must contain a description of the defect determined by the Client and the statement of the Client specifying the right exercised by the Client, that is:
a) whether the Client demands a reduction of price of the purchased book;
b) whether the Client withdraws from the Contract (and as a consequence, demands reimbursement of the paid price); or
c) whether the Client demands a replacement book that is free from defects.
5. In order for the complaint to be recognized, the Client must first deliver the subject book with the proof of purchase to: Top Mark Centre Jaworskiego 7, 05-090 Raszyn. The Client covers the costs of posting the books in connection with the subject complaint. If the complaint is considered legitimate, TMC shall reimburse the delivery costs to the Client.
6. The complaints are considered within 14 business days since the day the Client makes the statement on exercising their right to file a complaint or since the defective book is delivered to TMC.
7. The Client being a consumer is entitled to use alternative methods of considering complaints and enforce claims before the Permanent Consumer Court at the Voivodship Inspector of the Commercial Inspectorate. Information on the access to the said mode and procedures of dispute resolution can be found at www.uokik.gov.pl, in the tab “Consumer dispute resolution”.

Article 10 Right to withdraw

1. The Client is entitled to withdraw from the contract concluded via the TMC on-line bookstore within 14 days since the delivery of the ordered books.
2. The Client may exercise the right to withdraw from the contract through filing a relevant statement with TMC. The Client may file the relevant statement on withdrawing from the contract by:
a) making a relevant statement in writing and delivering it to: Top Mark Centre Jaworskiego 7, 05-090 Raszyn
b) making a relevant statement either electronically or by using a relevant form available at the TMC’s website, or by sending a relevant statement to bok@tmc.com.pl.
3. The withdrawal statement may be made using the form, whose template is enclosed as appendix no. 1 to these Terms and Conditions (using this form is not mandatory).
4. If the Client decides to exercise their right to withdraw from the contract in the manner defined in Article 10(2)(b) above, TMC shall immediately confirm the receipt of such Client’s statement – by sending an e-mail to the address provided by the Client upon registration.
5. The Client is obliged to return the goods to TMC immediately, yet no later than within 14 days since the Client withdrew from the contract.
6. The Client is liable for the decreased value of the books as a result of using them in the manner exceeding the scope necessary to determine the nature, the characteristics, and the operation of the goods.
7. TMC shall immediately, no later than within 14 days since receiving the Client's statement on withdrawing from the contract, reimburse all payments made by the Client, including the delivery costs. TMC shall refrain from reimbursing the payments received from the Client until the books are received by the TMC or until the Client provides a proof of return shipment, whichever is earlier.
8. TMC is not obliged to reimburse additional costs to the Client, if the Client selected a delivery method different than the cheapest delivery method offered by TMC for the purposes of returning the books after exercising the right to withdraw from the contract.
9. TMC shall reimburse the payments using the same payment method used by the Client, unless the Client explicitly consents to a different manner of reimbursement that does not incur any costs for the Client.

Article 11 Final provisions

1. The orders for persons that are not consumers are realised by TMC on individually agreed terms and conditions.
2. These Terms and Conditions are binding as of 25 December 2014.
In the matters not regulated herein, the provisions of Polish law, including in particular (within the relevant scope) the provisions of the Act of 30 May 2014 on consumer rights.