The online bookstore operating at www.tmc.com.pl, hereinafter referred to as "TMC", is run by the company

Top Mark Center s.c.

Marek Majewski, Sylwia Majewska, based in Warsaw, at: ul. Urbanists 1/51, 02-397 Warsaw, NIP 526-273-69-28, REGON 015594686 (Sales office: ul. Jaworskiego 7, 05-090 Raszyn), account number: 25195000012006931218850002 Idea Bank, hereinafter referred to as "TMC". < / p>

§ 1. General provisions

1. These regulations set out the rules for using the TMC online bookstore, concluding and performing contracts through the TMC online bookstore between TMC and the Customer, placing orders for books available in the TMC online bookstore, delivering ordered books to the Customer, paying the sale price for the books purchased, resigning The Customer's order, the Customer's right to withdraw from the contract and the rules for submitting and examining complaints.

2. The customer is obliged to use the TMC online bookstore for its intended purpose.

§ 2. Registration

1. The customer can register in the tmc.com.pl online bookstore. Registering is not necessary to make a purchase at an online bookstore.

2. In order to register in an online bookstore, it is necessary for the Customer to:

a) completed the form available on the online bookstore website, providing: name and surname, e-mail address by which TMC can contact the Customer and password;

b) accept these Regulations (agree to comply with the provisions of these Regulations);

c) consented to the processing of personal data to the extent necessary for account registration, including the conclusion, modification, termination and proper performance of the contract concluded electronically between the Customer and TMC.

3. Registering in an online bookstore and using the functionality of an online bookstore is free.

4. After registration, each login is done using the data provided in the registration form.

5. In order to delete the account, the Customer may exercise the "right to be forgotten". To do this, go to the "My Account" tab, select "PRIVACY MANAGEMENT" on the left, and then use the "CLEAR ACCOUNT" plug-in.

§ 3. Conclusion of the Agreement - general provisions

1. Information about books available in the online bookstore is an invitation to submit an offer within the meaning of art. 71 of the Act of April 23, 1964 Civil Code.

2. Book prices indicated in the online bookstore:

a) are given in Polish zlotys and include the value added tax (VAT) due;

b) they do not include delivery costs;

c) they are binding when the Customer places the order.

3. TMC allows the following types of Payments:

a) by bank transfer;

b) cash on delivery - order cost payable on delivery (payment method available only for orders carried out in Poland);

c) via the PayU payment system.

4. For orders up to PLN 150 carried out in Poland, the Customer bears the following shipping costs:

a) In Poland:

Fedex courier company

(i) PLN 13 - in the case of prepayment to the account

(ii) PLN 15 - for cash on delivery

InPost courier company

(i) PLN 13 - in the case of prepayment to the account

(ii) PLN 15 - for cash on delivery

Polish Post Office

(i) PLN 10 - in the case of prepayment to the account

(ii) PLN 15 - for cash on delivery

InPost parcel lockers

(i) PLN 10 - in the case of prepayment to the account

(ii) PLN 15 - for cash on delivery

b) The cost of shipping orders processed outside of Poland depends on the country of dispatch and is determined individually.

5. Orders over PLN 150 are sent free of charge in Poland.

6. For orders to be delivered outside the Republic of Poland, shipping costs are individually agreed with the customer.

7. TMC reserves the right to change the prices of goods on offer and to introduce new goods to the offer of the online bookstore.

8. The total price, including taxes and delivery fees, is presented to the Customer immediately before the Customer submits the order.

9. Orders in TMC can be placed:

a) via the website http://www.tmc.com.pl/:

b) by phone at 22 428 30 14

c) by sending an e-mail to the following address: sklep@tmc.com.pl

§ 4. Conclusion of the Agreement via the Website

1. To place an order through the website, the Customer should:

a) select the book being the subject of the order, and then click "Add to basket" (or equivalent) - this operation may be preceded by registering in the online bookstore and logging in;

b) choose the payment method;

c) choose the method of delivery of the ordered books;

d) indicate the address to which the ordered books are to be delivered and the name of the person to whom they are to be delivered;

e) indicate the data necessary for TMC to issue an invoice (in the case in which the Customer wants to receive such an invoice);

f) confirm the order by clicking "I order with payment obligation" (or equivalent).

2. By placing an order in the manner described in §4.1 above, the Customer submits to TMC a declaration of intent, the content of which is the offer to conclude a contract for the sale of goods indicated by the Customer, in accordance with these Regulations.

3. After placing the order as described in § 4.1 above, TMC will send to the Customer (to the address provided by the Customer during registration) an e-mail containing the information specified in art. 12 paragraph 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

4. The contract is concluded when the customer confirms the order by clicking "I order with the obligation to pay" (or equivalent) referred to in § 4.1 point f) of these Regulations.

§ 5. Conclusion of the Contract by telephone

1. To place an order by telephone, the Customer should contact a TMC employee at 22 428 30 14 and indicate during the conversation:

a) the title and number of books ordered;

b) choose the payment method;

c) choose the method of delivery of the ordered books;

d) address to which the ordered books are to be delivered and the name of the person to whom they are to be delivered;

e) data necessary for TMC to issue an invoice (in the case in which the Customer wants to receive such an invoice);

f) email address by which TMC can communicate with the Customer.

2. By placing an order in the manner described in §5.1 above, the Customer submits to TMC a declaration of intent, the content of which is the offer to conclude a contract for the sale of goods indicated by the Customer, in accordance with these Regulations.

3. After placing the order as described in §5.1 above, TMC will send to the Customer (to the address provided by the Customer during registration) an e-mail containing

a) information specified in art. 12 paragraph 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827);

b) confirmation of the content of the proposed contract.

c) an information clause that concerns the protection of the Customer's personal data.

4. After receiving the e-mail in accordance with §5.3 above, the Customer, in order to conclude the contract, should respond to the e-mail received, indicating in the content of his e-mail that he confirms the terms of the contract by using the words "I accept the terms", "I agree" or equivalent, clearly indicating the will to conclude a contract. The Customer's reply to the email received in accordance with §5.3 above constitutes a declaration of will to conclude the contract on the conditions indicated in the email sent in accordance with §5.3 above. The contract is concluded when TMC receives the client's response in accordance with § 5.4.

4866/5000

§ 6. Conclusion of the Agreement by email

1. To place an order by email, the Customer should send an e-mail to the following address: sklep@tmc.com.pl, in which the Customer will indicate:

a) the title and number of books ordered;

b) choose the payment method;

c) choose the method of delivery of the ordered books;

d) address to which the ordered books are to be delivered and the name of the person to whom they are to be delivered;

e) data necessary for TMC to issue an invoice (in the case in which the Customer wants to receive such an invoice);

2. By placing an order as described in §6.1 above, the Customer submits to TMC an offer to conclude a sales contract.

3. After placing the order as described in §4.1 above, TMC will send to the Customer (to the address provided by the Customer during registration) an e-mail containing:

a) information specified in art. 12 paragraph 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827);

b) confirmation of the content of the proposed contract.

c) an information clause that concerns the protection of the Customer's personal data.

4. After receiving the e-mail in accordance with §6.3 above, the Customer, in order to conclude the contract, should reply to the e-mail received, stating in the content of his e-mail that he confirms the terms of the contract by using the terms "I accept the terms", "I agree" or equivalent, clearly indicating the will to conclude a contract. The Customer's response to the email received in accordance with §6.3 above constitutes a declaration of will to conclude the contract on the conditions indicated in the email sent in accordance with §6.3 above. The conclusion of the contract takes place when TMC receives the client's response in accordance with § 6.4.

§ 7. Personal data

1. The administrator of the Customer's personal data is TMC. If you have questions about the processing of personal data, the Customer may contact the administrator by e-mail: sklep@tmc.com.pl, by phone: +48 22 428 3014 and by correspondence: ul. Jaworskiego 7, 305-090 Raszyn.

2. Customer's personal data is processed in accordance with the provisions of law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (general regulation on data protection), hereinafter referred to as the GDPR, the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018 item 1000) and related legal acts.

3. Personal data is processed for the purpose of:

a) Order processing, including order acceptance and shipment, pursuant to art. 6 clause 1 lit. b GDPR;

b) Account registration in the online store at www.tmc.com.pl, based on the consent of the Customer in accordance with art. 6 clause 1 lit. and GDPR;

c) Answers to customer inquiries that have been sent electronically, pursuant to art. 6 clause 1 lit. f GDPR;

d) Accounting in connection with the legal obligation incumbent on the administrator pursuant to the Act of 29 August 1997 - Tax Code (Journal of Laws 1997 No. 137 item 926), in accordance with art. 6 clause 1 lit. c GDPR.

4) Providing personal data is voluntary, however, the administrator may refuse to process the order if the Customer fails to provide the necessary information.

5) The recipient of the Customer's personal data will be the Administrator's partners and employees within the scope of their official duties on the basis of authorization and entities cooperating in the implementation of the purpose on the basis of a contract for entrusting personal data or legal provisions.

6) Customer's personal data will not be transferred to a third country or international organization.

7) The Customer's personal data will be stored until the Customer withdraws his consent, however, specific legal provisions may provide for a longer processing time, e.g. 6 years (tax ordinance).

8) The customer has the right to access their data and the right to rectify, delete, limit processing, the right to object, the right to transfer data, as well as to lodge a complaint to the supervisory body - the Office for Personal Data Protection, if the Customer considers that the processing of his personal data violates the provisions of the general regulation on the protection of personal data of April 27, 2016

9. Personal data will not be processed in an automated manner, including in the form of profiling, i.e. any decisions that have legal effects on a person or similarly significantly affect them will not be based solely on the automatic processing of personal data and do not involve such an automatic decision. < / p>

10. Detailed provisions regarding the processing and protection of personal data have been included in the Privacy Policy.

§ 8. Order processing

1. Order processing begins:

a) upon receipt of funds on the TMC account (in the case of orders paid by bank transfer); or

b) upon confirmation of the order by the Customer, in accordance with § 4.4, § 5.4 or § 6.4 above (for orders paid on delivery).

2. The contract is concluded provided that the book ordered by the customer is in the TMC warehouse at the time of order confirmation.

3. In the event that the condition specified in § 8.2 above is not met, but TMC undertakes to obtain the ordered book at a later date (temporary unavailability of the goods), TMC informs the Customer about this fact by sending an e-mail to the address provided by the Customer during registration, at the same time indicating that the Customer is entitled to make a statement about:

a) consent to the implementation of the order at a later date - if the Customer makes a statement of this content, TMC undertakes to act with due diligence in order to obtain the ordered goods as soon as possible; TMC will notify the Customer of the expected date of order completion immediately after obtaining the necessary information;

b) no consent for the contract to be carried out at a later date - in the event of the Customer submitting such a declaration, the Agreement between TMC and the Customer shall be considered not concluded.

4. In the event that the condition specified in § 8.2 above is not met and TMC does not undertake to obtain the ordered book (total unavailability of the goods), TMC informs the Customer about this fact by sending an e-mail to the address provided by the Customer during registration. In such a case, the Agreement between TMC and the Customer shall be considered not concluded.

5. In the event that the condition specified in § 8.2 above is not fulfilled only with respect to some books included in the order, § 8.3 and § 8.4 shall apply accordingly, with the Customer being entitled to indicate whether he agrees to partial execution of the order.

6. The delivery time is up to 4 business days from the date of the contract. The time after which the customer receives the order includes the time of order completion and the estimated delivery time.

7. Estimated delivery time is:

a) Polish Post - priority shipment, delivery time 3 business days,

b) Fedex - courier delivery, delivery time 1 business day,

c) Inpost - courier, delivery time 1 business day,

d) Inpost - shipment to a parcel locker, delivery time 2 business days.

8. Delivery of the order is carried out in the manner chosen by the Customer and specified in the order.

9. The customer is informed about the status of the order in the user panel in the "My Orders" section after logging in to the TMC website.

10. The customer is informed about the shipment or personal pickup by e-mail.

11. TMC undertakes to secure books being sent that will prevent them from being damaged.

12. Shipment of goods by Poczta Polska takes place on Tuesdays and Thursdays.

13. A necessary condition of the contract is to provide a real address of residence and telephone number. In the event of suspected incomplete or false data being provided, TMC reserves the right to refuse an order (in which case TMC will notify the Customer of exercising this right).

§ 9. Complaints

1. TMC is liable to the Customer if the sold book has a defect reducing its value or usability due to the purpose in the contract marked or resulting from the circumstances or the intended use of the item, if the item does not have properties that the buyer has ensured, or if the item was released to the buyer incomplete (warranty for physical defects). For the avoidance of doubt, defects resulting in liability under the warranty shall be deemed to be physical defects:

(a) defects caused by TMC, such as technical defects or mechanical damage caused during delivery;

(b) printing defects, or other similar defects, not visible before the order was opened.

2. To the extent not covered in these Regulations, the rules regarding TMC's liability under warranty for physical defects are governed by the relevant provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws 2019.0.1145)

3. The Customer's right to lodge a complaint (TMC's liability for physical defects) is implemented by submitting a relevant statement by the Customer to TMC. The customer makes a statement on submitting a complaint in electronic form, either using the form whose template is attached as Annex 2 to the Regulations posted on the TMC website, or by sending an appropriate statement to the e-mail address sklep@tmc.com.pl.

4. The statement referred to in § 9.3 above must contain a description of the defect found by the Customer and a statement of which rights the Customer uses, i.e. whether:

(a) requests a reduction in the price due for the book;

b) withdraws from the Agreement (and consequently demands a refund of the price paid); or

c) demands that the book be replaced with a non-defective one.

5. A prerequisite for accepting a complaint is the Customer's prior delivery of the advertised book with proof of purchase to the following address: Top Mark Center s.c., ul. Jaworskiego 7, 05-090 Raszyn. The customer bears the cost of shipping the books in connection with the complaint. If the complaint is considered justified, TMC will refund the shipping cost incurred by the Customer.

6. Complaints are dealt with within 14 business days from the date of the Customer's declaration of exercising the right to lodge a complaint, or from the date of delivery of a defective book to TMC.

7. A customer who is a consumer has the option of using an out-of-court complaint and redress procedure before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the abovementioned procedures and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the tab "Settlement of consumer disputes".

§ 10. Right of withdrawal

1. The customer is entitled to withdraw from the Agreement concluded via the TMC online bookstore within 14 days of delivery of the ordered books.

2. The Customer's right to withdraw from the Agreement is exercised by submitting a relevant statement by the Customer to TMC. The Customer may submit a statement of withdrawal from the Agreement by:

a) submitting a relevant statement in writing and delivering it to the following address: Top Mark Center s.c., ul. Jaworskiego 7, 05-090 Raszyn;

b) submitting a relevant statement in electronic form, either by using the appropriate form on the TMC website or by sending a relevant statement to the e-mail address sklep@tmc.com.pl.

3. A statement of withdrawal may be submitted on the form, a template of which is attached as Annex 1 to the Regulations (however, using this form is not mandatory).

4. If the Customer exercises the right to withdraw from the Agreement in the manner specified in § 10.2 b) above, TMC will confirm receipt of the declaration immediately after receiving the customer's declaration - by sending an e-mail to the address provided by the Customer during registration.

5. The customer is obliged to return the item to TMC immediately, but no later than 14 days from the day on which the customer withdrew from the contract.

6. The customer is responsible for reducing the value of the books as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.

7. TMC will immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the contract, reimburse the Customer for all payments made by him, except for delivery costs incurred by the Customer. The cost of returning the goods is charged to the customer. TMC will withhold reimbursement of payments received from the Customer until they receive the books back or the Customer provides proof of their return, whichever comes first.

8. TMC will refund payments by bank transfer or otherwise after individual agreement with the Customer.

§ 11. Final provisions

1. Orders for non-consumers are carried out by TMC according to individual arrangements.

2. These regulations apply from November 1, 2019.

To the extent not covered in these Regulations, the provisions of Polish law shall apply, including, in particular (to the extent applicable) the provisions of the Act of 30 May 2014 on consumer rights.

Forms and regulations (click to open / download)

  1. Agreement withdrawal form
  2. Statement on exercising the right to complain
  3. Privacy policy
Product added to wishlist

Korzystając z naszej strony wyrażasz zgodę na wykorzystywanie przez nas plików cookies. Możesz określić warunki przechowywania lub dostępu do plików cookies w Twojej przeglądarce.

Accept More info Reject