TERMS AND CONDITIONS
§ 1. GENERAL INFORMATION
1. These Terms and Conditions (hereinafter referred to as Terms and
Conditions) govern the use of the website located at topbookmarkshop.com
(hereinafter referred to as Website) and the conditions of sale of products
available in it (hereinafter referred to as Products).
2. Any person may view the resources of the Website without any obligations.
However, by performing any activities on this Website (e.g., placing an order),
such a person becomes a User and declares that they have read these Terms
and Conditions and the Privacy Policy, fully accept them and the provisions
contained therein, and agree to comply with them strictly. Anyone who
disagrees with the above should refrain from using the services of the
Website. The Administrator reserves the right to refuse service and deny the
sale of products offered on the Website to such individuals.
3. The owner and administrator of the Website is ToToTransport Tomasz Tosik
with its registered office at Odyńca 29, 93-150 Łódź, NIP: 729-266-96-00,
REGON: 386680671 (hereinafter referred to as Administrator).
4. To use the Website, standard devices with software that allow browsing of
websites, as well as access to an email inbox, are required, along with the
ability to communicate via email.
5. For the proper functioning of the Website, it is necessary to have website
browsing software that supports ‘cookies.’ If this technology is not available in
the software used by visitors to the Website, the Website may function
incorrectly, for which the Administrator is not responsible. The Administrator
recommends installing or enabling cookies technology in the software.
Cookies technology involves saving information on the IT systems (computers)
of Website visitors, which is used to personalize the Website’s services for the
individual user and for traffic statistics on the Website.
6. Dictionary of Terms:
I. Seller – The entity offering goods for sale through the Website.
II. User – Any entity making purchases through the Website,
including legal entities, natural persons conducting sole
proprietorships, and all types of companies as defined in the
Commercial Code, as well as natural persons entering into a
contract with the Seller where the subject is not directly related
to their business or professional activities.
III. Consumer – A natural person who enters into a legal
transaction with the entrepreneur that is not directly related to
their business or professional activity.
IV. Account – An account created for the User after entering
personal and address data in the registration form on the
Website.
V. Delivery Costs – Costs detailed in § 3 of these Terms and
Conditions.
VI. Product – Goods offered for sale by the Seller, as described in
§ 2 of these Terms and Conditions.
VII. Contract Concluded at a Distance – A contract concluded
with the Consumer under an organized system of distance
contracting, without the simultaneous physical presence of the
parties, using one or more means of distance communication
up to and including the conclusion of the contract.
§ 2. PURPOSE
The purpose of the Website is the sale of digital products in the form of bookmarks.
The Seller reserves the right to modify the range of products offered, including both
the reduction and expansion of the available selection.
§ 3. TERMS OF SERVICE
Rules for Placing and Processing Orders
1. Users can purchase the Products offered on the Website (hereinafter referred
to as a “Transaction”).
2. To complete a Transaction, the User must place an order by selecting the
appropriate options visible on the Website for the available Products and
following the instructions provided at each stage of the ordering procedure.
3. A prerequisite for successful order placement is the provision of all necessary
data and information on the Website, as well as performing any additional
actions specified on the Website or in related correspondence.
4. Each order is verified automatically by sending an email to the address
provided by the User when placing the order. Receipt of an email confirming
the acceptance of the order means that the order has been placed correctly.
5. Orders are processed after the Administrator receives the payment due via the
available payment channels on the Website.
6. The price of the Products is stated in Euros and is inclusive of all taxes (gross
amount).
7. The primary method of delivering ordered Products is via download from a link
sent after payment has been confirmed.
8. All content on the Website, including trademarks, photos, descriptions, and
applications, is subject to legal protection, with the Administrator holding the
exclusive right to use, display, and distribute it. Any unauthorized use of this
content, in whole or in part, constitutes a violation of the Administrator's rights.
§ 4. DELIVERY
The delivery of the Order is not limited to a specific area or territory.
§ 5. REFUND POLICY
1. General Refund Conditions: Due to the nature of digital products, refunds will
generally not be provided once a purchase is completed and the product has
been accessed or downloaded. By purchasing a digital product from the
Website, the User acknowledges and agrees to this no-refund policy.
2. Exceptions: Refunds may be granted in certain exceptional circumstances,
including but not limited to:
I. The digital product is defective or corrupted and cannot be
accessed as intended.
II. The product does not match the description provided on the
Website at the time of purchase.
III. There are technical issues on the part of the Seller that prevent
access to the product.
3. Refund Request Procedure: To request a refund, the User must contact the
Website’s customer support via email at contact@bookmarkshop.com within
14 days of purchase, providing details of the issue and proof of purchase. The
Seller reserves the right to request additional information to verify the problem.
4. Review and Approval: The Seller will review each refund request on a case-
by-case basis. Refunds are issued at the Seller’s discretion, and decisions are
final. The User will be notified of the outcome of their refund request within 14
days of submission.
5. No Refunds for Change of Mind: Refunds will not be issued for reasons such
as a change of mind, incorrect selection, or failure to meet the User’s needs
unless otherwise specified by applicable consumer protection laws.
6. Unauthorized Use: Refunds will not be provided in cases where the User has
violated the Terms and Conditions, including unauthorized use or distribution
of the digital product.
7. Final Sale: All sales are considered final unless a specific exception as
outlined above applies. The Seller’s liability is limited to providing access to
the purchased digital product under the terms described.
§ 6. DISPUTE RESOLUTION
1. The Seller informs the Consumer that they may use out-of-court complaint
handling and redress methods, including:
a. Assistance from municipal (district) consumer ombudsmen, whose contact
details are available at http://www.uokik.gov.pl/rzecznicy_konsumentow.php.
b. Out-of-court mediation, where a third party, such as a mediator or arbitrator,
assists in reaching an agreement without involving the judiciary.
c. Assistance from social organizations whose statutory tasks include
consumer protection, such as the Consumer Federation and the Association of
Polish Consumers. Advice is provided by the Association of Polish Consumers
and the Federation of Consumers via the consumer hotline at 801 440 220
and 22 290 89 16 (Monday to Friday, 8:00-18:00, fee according to the
operator's tariff) and by the Association of Polish Consumers at the email
address kroda@dlakonsumentow.pl.
d. Use of the Online Dispute Resolution (ODR) platform, a system for
resolving disputes between consumers and traders at the EU level. The ODR
platform is available at http://ec.europa.eu/consumers/odr. This platform is an
interactive and multilingual website that provides a one-stop shop for
consumers and traders seeking out-of-court settlement of disputes regarding
contractual obligations arising from an online sales or service contract.
2. Disputes arising from the provision of services under these Terms and
Conditions will be submitted, if the User is not a Consumer, to the General
Court competent for the Seller’s registered office.
§ 7. FINAL PROVISIONS
1. Despite making all reasonable efforts for quality and verification, the
Administrator is not responsible, to the fullest extent permitted by applicable
law, for content transmitted and published on the Website by Users and other
third parties, including the accuracy, reliability, and authenticity of any
materials not originating from or authorized by the Administrator.
2. Provisions regarding the protection of personal data are included in the
Privacy Policy.
3. The Administrator is not responsible for any events or their consequences that
may occur in the real world as a result of using the Website, following the
content in the Products, or information published on the Website, provided
such content does not originate from the Administrator or those acting on their
behalf.
4. The Administrator will not disclose any information or data about Users to third
parties beyond the purpose of the Website and the scope of consents and
declarations provided, except where legally obligated to do so. The
Administrator ensures that all reasonable measures are taken to safeguard
this information, particularly in accordance with the Act on the Protection of
Personal Data and related regulations.
5. As the owner and manager of the Website, the Administrator will strive to
ensure the Website and all related services operate continuously without
interruptions; however, the Administrator assumes no liability for disruptions
caused by force majeure or unauthorized interference by Users or third parties
in the IT systems managing the Website.
6. The Administrator regularly takes steps to improve the quality of the Website's
functionality but acknowledges that errors and technical issues may arise,
particularly those related to modernization, development, and testing of new
technological solutions. Users are encouraged to report such issues to the
Administrator, who will promptly work to restore proper Website functionality.
7. The Administrator reserves the right to temporarily disable the Website, in
whole or in part, to improve it, add services, or perform maintenance, without
prior notice to Users.
8. The Administrator is not responsible for the loss of data collected on the
Website due to equipment failures, Internet disruptions, or actions by third
parties.
9. The Administrator reserves the right to publish information on the Website
about Users who persistently violate the Terms and Conditions, act contrary to
the nature and purpose of the Website, or cause harm to the Administrator or
third parties.
10. The Administrator reserves the right to anonymously publish content submitted
by Users to the Website’s support team, including FAQs, advice, and other
relevant matters, if deemed valuable for public dissemination.
11. Copying, reproducing, or any other use of information, data, or other content
from the Website, in whole or in part, without the Administrator’s consent, is
prohibited, except in cases of fair use as defined by the Copyright and Related
Rights Act (consolidated text: Journal U. from 2019, item 1231 as amended).
12. The Administrator reserves the right to assign, in whole or in part, all its rights
and obligations related to the Website.
13. All provisions of these Terms and Conditions may be amended by the
Administrator at any time without providing a reason. Changes will be
published in the form of a unified text on the Website, along with information
regarding their implementation.
14. Once changes to the Terms and Conditions are published on the Website, the
User is required to review the updates promptly, as logging in or engaging in
any activity on the Website after such changes have been announced
constitutes unconditional acceptance of the new content by the User.
15. Users who do not accept the changes to the Terms and Conditions should
refrain from using the Website. Permanent Users, for whom these changes
may be relevant, should immediately inform the Administrator of their non-
acceptance.
16. A statement of non-acceptance of changes to the Terms and Conditions will
result in the User’s removal from all aspects of permanent participation on the
Website.
17. Matters not covered by these Terms and Conditions are governed by generally
applicable law.
18. Should any provision of these Terms and Conditions be found invalid, the
remaining provisions shall remain in effect. The parties agree to replace the
invalid provisions with new terms that closely align in meaning and comply
with legal requirements.
19. These Terms and Conditions are considered a work under the Copyright and
Related Rights Act.