Regulations

Store Regulations effective from 5 September 2023

These Regulations set out the rules for the conclusion of distance contracts between the Seller and the Customer.

I. DEFINITIONS

1. Seller - TOYA S.A., ul. Sołtysowicka 13-15, 51-168 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the 6th Commercial Department of the District Court for Wrocław - Fabryczna under the KRS number: 0000066712, NIP: 895-16-86-107, REGON: 932093253, BDO [Database on Products and Packaging and Waste Management]: 000005280, contact: e-mail: sklep@toya24.pl, phone: +48 71 32 46,330.
2. Customer - a natural person who is at least 13 years of age - however, if this person is under 18 years of age, the consent of their legal representative is required to conclude the contract - including a Consumer within the meaning of Article 221 of the Act of 23 April 1964 - Civil Code, as well as a legal person and an organisational unit without legal personality, to which special provisions grant legal capacity, and which places or intends to place an Order or uses other services of the Online Store.
3. Consumer - a natural person making a legal transaction with the Seller that is not directly related to their economic or professional activity,
4. Goods - the thing or things that are the subject of the sale conducted in accordance with these Regulations. The Goods offered by toya24.pl come directly from the Manufacturers and are original and branded products.
5. Online Store - online transaction service available at toya24.pl, through which the Customer may purchase the Seller’s Goods. All Goods offered on the Online Store come from entrepreneurs.
6. Hotline - telephone hotline at: +48 71 32 46 330, available: check excluding public holidays, which allows to place an Order in the Online Store and obtain information about: the Order placed, resignation from the purchase and return of the Order, as well as warranty and guarantee complaints and post-warranty repairs. Phone calls are recorded. If the Customer does not consent to the recording of the conversation, they cannot use the services ordered by telephone. The cost of the call is in accordance with the fee for an ordinary telephone call, according to the tariff package of the service provider used by the Customer.
7. Business day - a day from Monday to Friday except for public holidays referred to in the Law on Public Holidays of 18 January 1951.
8. Price list - a list of Goods with their prices, offered by the Seller.
9. Order - a contract concluded between the Seller and the Customer, by virtue of which the Seller undertakes to transfer ownership of the ordered Goods to the Customer and deliver the Goods to the Customer, including by sending the Goods to the place indicated by the Customer, and the Customer is obliged to collect the Goods and pay the price to the Seller. The Order contains information about the name, quantity, price of the Goods, necessary data of the Seller and the Customer for the execution of the Order, determination of the method of payment and the method and place of delivery of the Goods.
10. Order Form - a service available in the Online Store, by means of which the Customer can purchase Goods.
11. Warranty claim - warranty claim in writing or in electronic form in accordance with Section VIII, point 8 of the Regulations, together with proof of purchase or other equivalent document confirming the purchase and delivery of Goods to the Seller,
12. Regulations - these Regulations of the Online Store.
13. Placement - the granting of specific product visibility or weight given to search results within the meaning of Article 2(11) of the Act of 23 August 2007 on Counteracting Unfair Market Practices.

II. GENERAL PROVISIONS

1. These Regulations set out the rules for the conclusion of contracts for the sale of Goods between the Seller and Customers (Orders), using means of remote communication and the use by Customers of the Internet Shop toya24.pl, available at the Internet address toya24.pl and the Hotline.
2. With respect to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on Provision of Electronic Services. The Regulations are addressed to all Customers of the Online Store.
3. All information contained on the website of the Store relating to the Goods, including, in particular, catalogues, folders, brochures, manuals, other information or advertising materials, as well as information on toya24.pl addressed by TOYA S.A. to recipients and potential Customers, including prices, does not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract as defined in Article 71 of the Civil Code.
4. The condition for using the services of the Online Store is reading and accepting these Regulations. By placing an Order, the Customer accepts the content of the Regulations.
5. The Seller declares that the Online Store uses a placement mechanism. In the placement, the Seller uses the following parameters:
   • search-related input values (content list, attribute list, keywords/tags/labels);
   • relevance based on matching the input value of the end user and the business user;
   • completed sales transactions (e.g., number, most recent);
   • price;
   • market entry date;
   • seasonality and temporary deviations (e.g., all-day sales with special conditions);
   • editorial interventions (editor’s “best suggestions”, “offers of the day”);
   • stock availability;
   • popularity of offers;
   • newly listed;
   • the relevance of the product to the assortment.
6. The Seller declares that the Online Store does not use paid placement mechanisms.

III. TECHNICAL REQUIREMENTS

Technical requirements necessary to use the Online Store:

• access to the Internet,
• a properly configured and installed web browser:
  • Firefox - version 40 and later or
  • Chrome - version 80 and later or
  • MSIE - version 11 or
  • Opera - version 27 and later or
  • Safari - version 11 and later or
  • Edge - version 80 and later

Due to the constant changes made to the Online Store, it is recommended to use the latest versions of web browsers suitable for your operating system.

IV. OBJECT OF SALE

1. The subject of sale are the Goods displayed at the time of placing Orders on toya24.pl via the Internet.
2. The Seller is responsible for ensuring that the performance (i.e. fulfilment of the Order) is in accordance with the Order. In the event that the sold Goods have defects, the Seller shall be liable under the warranty referred to in Section VIII, subsections 6-9 of the Regulations. The Seller is also obliged to comply with generally applicable laws, including the Civil Code, the Act of 30 May 2014 on Consumer Rights, the Act of 23 August 2007 on Counteracting Unfair Market Practices.

V. ORDER CONDITIONS

1. You can place an order on the Online Store:
   • by filling out the Order Form located on the website of the online store or
   • by phone using the Hotline.
2. Before confirming the Order, the Customer makes a statement of acceptance of the Regulations of the Online Store and agrees to abide by them. If an Order is placed using the Order Form, the contract is concluded as soon as the Customer provides all the information necessary for its execution, the Customer clicks on the link “Order with obligation to pay” and the Seller confirms acceptance of the Order, together with assigning a number to this Order.
3. If the Order is placed by telephone via the Hotline, the contract is concluded:
   • after the Customer has provided all information necessary for its execution and the Seller has confirmed the content of the proposed contract recorded in the form of an e-mail message sent to the Customer’s e-mail address and
   • when the Customer clicks on the “I accept the terms and conditions, order and pay” button visible in the Order Form sent by the Seller to the Customer at the e-mail address provided by the Customer.
4. The Customer is obliged to provide correct personal data necessary for the execution of the Order, i.e.: name, surname, email address, billing and delivery address, company name and NIP (for companies) and telephone number.
5. When placing an Order using the Order Form, until clicking the “Order with obligation to pay” button, the Customer has the opportunity to modify the entered data on their own by using the “Delete” button next to the given item in the shopping cart, and then selecting the Goods again and adding them to the shopping cart.
6. Verification, removal of errors or correction of the Order is possible up to the moment of shipment, via e-mail to the Seller at the following address: sklep@toya24.pl or via the Hotline.
7. The Customer may acquire an additional discount on the transactions made by them through the Online Store in the following situations:
   • as part of promotional activities,
   • by individual arrangement,
   • as part of contests organised by toya24.pl and other entities.
8. To use the discount, enter the details of the discount code in the appropriate field when placing the Order via the Order Form or provide the discount code when placing the Order by phone via the Hotline. Only one code can be used for each Order, which must be entered exactly as indicated in the relevant message / offer / terms and conditions. Discount codes can only be used within the time period specified in the relevant message / offer / terms and conditions and may be subject to additional terms or conditions specified therein.
9. Discount codes can be linked to a minimum purchase value. The use of the discount code may also be excluded against individual Goods or groups of Goods, which will be specified in the relevant message / offer / terms and conditions.
10. The discount shall be calculated on the full (regular) gross selling price of the Goods and shall not be combined with promotions, sales, other discount codes, as well as discounts obtained under any contracts that may be in effect at the Online Store, unless otherwise provided in the relevant message / offer / terms and conditions.
11. The Seller does not apply individual price adjustment on the basis of automated decision-making.

VI. PAYMENTS AND PRICES

1. The Customer may choose the following forms of payment for the purchased Goods:
   • before the release of the Goods in the form of:
     • prepayment (bank transfer) to the Seller’s bank account,
     • payment authorised through PayU service,
     • deferred payment through the “PayU | Pay later with Twisto” service,
     • instalment payment through the service “PayU | Instalments".
   • at the time of receipt of the Goods:
     • cash on delivery (cash on delivery), in the case of delivery of Goods via a courier company.
2. In the title of the payment, the Customer provides the Order number.
3. All prices presented in the Online Store are given in Polish zloty and include VAT.
4. The Customer should make payment immediately, but no later than 3 working days.
5. In the case of informing about the reduction of the price of the Goods, the Seller shall, in addition to the information about the reduced price, include information about the price of the Goods that was in effect during the 30 days before the introduction of the reduction. In the case of Goods offered for sale for a period of less than 30 days, the Seller shall place next to the reduced price information about the lowest price of such Goods that was in effect during the period from the date of commencement of offering such Goods for sale until the date of introduction of the reduction.

VII. EXECUTING AN ORDER AND DELIVERY

1. The online store allows Customers to:
   • place Orders for Goods available in the Online Store and concluding contracts for the purchase/sale of Goods at a distance,
   • obtain information about the Goods and services available in the Online Store
2. Delivery of ordered Goods is carried out on working days (Monday to Friday) throughout Poland via courier service.
3. Delivery of Goods is limited to the territory of the Republic of Poland.
4. Approximate lead time for the Order is: check
5. The Seller will stipulate that the dates given are indicative and are not absolutely binding on the Seller. The maximum lead time of the Order shall not exceed 30 days from the date of placing the Order.
6. The Seller shall begin processing the Order on the same or the next day after receiving the Order, and in the case of the Customer’s choice of electronic payment after the Seller receives the payment made by wire transfer or by PayU.
7. Delivery of the Goods shall be made to the address provided by the Customer on the Order Form, or any other address agreed with the Customer by e-mail, or to the address provided during the ordering process by phone via the Hotline.
8. By accepting the Regulations, the Customer consents to issuing and sending invoices in electronic form. Consent to receiving an invoice in electronic form is tantamount to resigning from receiving a fiscal receipt or VAT invoice in paper form. Any invoice in electronic form will be delivered to the Customer via e-mail, to the e-mail address provided by the Customer in the Order Form. At the request of the Customer, a VAT invoice will be attached to the ordered product in paper form. For this purpose, the Customer is asked to send such a request to the e-mail address: sklep@toya24.pl or make such a request during the placement of the Order in the field with additional information - comments to the store.
9. The cost of delivery of the Goods shall be paid by the Customer.
10. The current delivery price list can be found on the website of the Online Store. Before making a purchase, the Customer is informed about the cost of delivery of the ordered Goods.

VIII. GUARANTEE AND WARRANTY

1. Manufacturer’s guarantee
   Quality complaints under the guarantee should be addressed directly to the Guarantor. The guarantor’s address, the method of submitting guarantee claims and the guarantee procedure are described in the guarantee card attached to the purchased product.
2. TOYA S.A. Guarantee.
   1. TOYA S.A. accepts reports of defects under the guarantee in the case of the following brands:
      • Yato
      • Power Up
      • Vorel
      • Sthor
      • Flo
      • Fala
      • Lund
   2. Notification of the defect shall be made in writing or electronically, in accordance with paragraph 2.5 below. For the convenience of our Customers, a guarantee claim form has been prepared.
   3. If the Customer submits a report of a defect in the form of a letter without using the form referred to in Section 2.2, it should contain the necessary data to enable processing of the report, in particular:
      1. Customer’s contact details:
         • name and surname,
         • the address of collection/delivery of the Goods,
         • phone number,
         • contact email,
      2. Details of the advertised Goods:
         • Manufacturer,
         • Model and/or product index,
         • Serial number,
      3. Data specifying the date, place and value of the purchase made,
      4. The type and date of the defect found,
      5. Date of release of Goods.
   4. The guarantee claim must be accompanied by a copy of the proof of purchase or other equivalent document stating that the purchase was made and a completed guarantee card.
   5. The guarantee claim may be delivered to TOYA S.A.:
      • via electronic mail to address: reklamacje@yato.pl
      • by mail to the address of TOYA S.A. ul. Sołtysowicka 13-15, 51-168 Wrocław with a note: “Guarantee claim”
   6. In the case of claims that meet the formal requirements, the Goods are collected from the Customer free of charge through a courier company cooperating with TOYA S.A.
   7. After receiving the claim, the TOYA S.A.’s service team contacts the Customer (by phone or e-mail) within two business days from the date of receipt of the claim in order to inform about the planned date of collection of the Goods by the courier.
   8. After receiving information from TOYA S.A. about the date of collection of the shipment, the Customer prepares a package with the Goods to which the claim relates, the defect report and the proof of purchase or other equivalent document confirming the purchase.
   9. The shipped Goods should be packed in a manner that ensures their safe transportation to TOYA S.A. We recommend packing the Goods in the original packaging provided at the time of purchase.
   10. The validity of the reported defect is considered after TOYA S.A. receives the Goods together with its accessories, report of the defect and proof of purchase or other equivalent document confirming the purchase. In the case of guarantee claims for brands listed in Section 2.1, repair of reasonable defects will be performed within 14 business days, counted from the date of reporting the defect and delivering the Goods to the TOYA S.A. service.
   11. Goods after removal of the defect will be sent back to the Customer free of charge by courier service to the address specified in the guarantee claim form or in the letter sent.
   12. In the event that the Customer fails to collect the repaired Goods from the courier (this also applies to Goods that do not meet the requirements for guarantee repair), TOYA S.A. will call the Customer to collect the Goods within 14 days from the date of receipt of the call.
   13. If the Customer fails to pick up the Goods to which the compliant relates within the period described in Section 2.12, the Seller will send the Customer a second request to collect the product, setting an additional 14 days for collection from the date the Customer receives the request.
   14. After the ineffective expiration of the additional period described in the paragraph above, the Seller shall be entitled to charge the Customer for non-contractual storage of the Goods, in the amount of 5% of the currently applicable rate per 1m2 of storage space in the city of TOYA S.A.’s headquarters, calculated for each month of storage.
3. The Seller indicates that the guarantee does not affect the Customer’s legal remedies under the law in case of non-conformity of the sold Goods with the contract. Such remedies, if the Goods were ordered through the Online Store, are described in Sections 6 - 9 and are executed at the Seller’s expense.
4. The Seller is liable to the Customer if the ordered Goods have defects. The obligations of the Seller vary depending on whether the Customer is a Consumer or not.
5. The Seller accepts claims for Goods purchased from the Online Store (toya24.pl).
6. Warranty rules applicable to Consumers:
   1. If the Goods are inconsistent with the Order, the Consumer, as well as a natural person who enters into a contract directly related to their business activity, when the content of this contract shows that for this person it does not have a professional character, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, may demand their repair or replacement.
   2. The Seller may make an exchange when the Consumer requests a repair, or may make a repair when the Consumer requests a replacement, if bringing the Goods into conformity with the Order in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller.
   3. If repair and replacement are impossible or would require excessive costs for the Seller, it may refuse to bring the Goods into conformity with the Order.
   4. When assessing the excessiveness of costs for the Seller, the Seller shall take into account all the circumstances of the case, in particular the significance of the non-conformity of the Goods with the Order, the value of the Goods conforming to the Order and the excessive inconvenience to the Consumer caused by the change in the manner of bringing the Goods into conformity with the Order.
   5. The cost of repair or replacement, including in particular the cost of postage, transportation, labour and materials, and the cost of collecting the Goods from the Consumer shall be borne by the Seller. If the Goods have been assembled before the Goods’ non-conformity with the Order became apparent, the Seller shall disassemble the Goods and reassemble them after repairing or replacing them, or have these activities performed at its own expense.
   6. If the Goods do not conform to the Order, the Consumer may make a statement on a price reduction or on withdrawal from the Order in the following situations:
      • the Seller refused to bring the Goods into conformity with the Order relying on excessive costs (see Section 6.3.)
      • The Seller has not brought the Goods into conformity with the Order in such a way that:
        • failed to repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the Order;
        • failed to repair or replace the Goods without undue inconvenience to the Consumer, taking into account the specifics of the Goods and the purpose for which the Consumer purchased them;
        • did not cover the costs referred to in Section 6.5.
      • the non-conformity of the Goods with the Order continues, even though the Seller has tried to bring the Goods into conformity with the Order,
      • the non-conformity of the Goods with the Order is so significant as to justify either a reduction in price or withdrawal from the contract without first exercising the option of repair or replacement,
      • it is clear from the Seller’s statement or circumstances that it will not bring the Goods into conformity with the Order within a reasonable time or without undue inconvenience to the Consumer.
   7. The reduced price must remain in such proportion to the price resulting from the Order as the value of the Goods not conforming to the Order remains to the value of the Goods conforming to the Order.
   8. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on price reduction.
   9. The Consumer may not withdraw from the Order if the lack of conformity of the Goods with the Order is insignificant.
   10. If the non-conformity with the Order concerns only some of the Goods delivered under the Order, the Consumer may withdraw from the Order only with respect to those Goods, as well as with respect to other Goods purchased by the Consumer together with the non-conforming Goods, if the Consumer cannot reasonably be expected to agree to retain only the conforming Goods.
7. Warranty rules applicable to Customers who are not Consumers.
   1. If the Goods have a defect, the Customer may demand that the Goods be replaced with defect-free Goods or that the defect be removed.
   2. In a situation in which the Customer demands replacement of the Goods with defect-free Goods or removal of the defect, the Seller may refuse to perform its obligations in the manner indicated by the Customer, if the indicated manner of bringing the Goods into conformity with the Order is impossible or, compared to the other possible manner of bringing the Goods into conformity with the Order, would require excessive costs. If the Customer is an entrepreneur, the Seller may refuse to replace the Goods with defect-free ones or remove the defect also if the cost of satisfying this obligation exceeds the price of the Goods.
   3. If the Goods have a defect, the Customer may make a statement on a price reduction or on withdrawal from the contract unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Goods with defect-free ones or removes the defect. If the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free Goods or remove the defect, the limitation in sentence 1 shall not apply.
   4. The Customer may not withdraw from the contract if the defect is insignificant.
8. Common Provisions
   1. Complaints shall be filed in writing or electronically in accordance with paragraph 8.5. below. For the convenience of our Customers, a warranty claim form has been prepared.
   2. If the Customer files a complaint in the form of a complaint letter, it should contain the necessary data to enable the handling of the complaint, in particular:
      1. Customer’s contact details:
         • name and surname
         • the address of collection/delivery of the Goods
         • phone number
         • contact e-mail
      2. Details of the advertised Goods:
         • Manufacturer
         • Model and/or product index
         • Serial number
      3. Data specifying the date of release of the Goods to the Customer, the place and value of the purchase made.
      4. The type and date of the defect/fault found.
      5. Customer Claim
   3. To fulfil warranty claims, it is necessary to prove the purchase of the Goods in the Online Store (e.g. by attaching a copy of the proof of purchase).
   4. The warranty claim may be delivered to the Seller:
      • via electronic mail to address: reklamacje@yato.pl
      • by mail to the address of TOYA S.A. ul. Sołtysowicka 13-15, 51-168 Wrocław with a note: Warranty claim
   5. In the case of claims that meet the formal requirements, the Goods are collected from the Customer free of charge through a courier company cooperating with the Seller.
   6. After receiving the complaint, the Seller’s service team contacts the Customer (by phone or e-mail) within two business days from the date of receipt of the complaint in order to inform about the planned date of collection of the Goods by the courier.
   7. After receiving information from the Seller about the date of collection of the shipment, the Customer prepares a package with the Goods to which the complaint relates, which is accompanied by a defect report and proof of purchase.
   8. Goods to which the complaint relates should be packed in a way that ensures their safe transportation to the Seller. We recommend packing the Goods in the original packaging provided at the time of purchase.
   9. Consideration of the validity of the complaint shall be made upon receipt by the Seller of the Goods to which the complaint relates together with its accessories, the warranty claim and the proof of purchase or other equivalent document confirming the purchase.
   10. The Seller will respond to the Customer’s complaint within no more than 14 days from the date of receipt of the Warranty Claim.
   11. The Customer will be notified of the complaint decision in writing, via the communication method indicated by the Customer on the provided Complaint Form or in the complaint letter.
   12. If the Seller does not respond to the request of the Customer who is a Consumer within 14 days - it is considered justified.
9. Admission of a warranty claim by the Seller.
   1. If the Seller admits the Customer’s claim under the warranty:
      • involving the replacement of defective Goods with defect-free Goods, the Goods will be replaced by the Seller with defect-free Goods immediately, but no later than within 14 days from the date of the complaint decision.
      • involving the removal of the reported defect, the Goods will be repaired by the Seller immediately, but no later than within 14 days from the date of the complaint decision.
      • involving a reduction in the price of the Goods, the Seller will return to the Customer the amount representing the difference between the price paid by the Customer and the value of the defective Goods immediately, but no later than within 14 days from the date of receipt of the Customer’s statement on price reduction.
      • consisting of withdrawal from the contract, the Seller will return the amount due to the Customer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
   2. For the cases described in Section 9.1. subsections a) and b), the Goods, respectively, free of defects or repaired, will be sent back to the Customer free of charge by courier service to the address indicated in the complaint form or in the complaint letter.
   3. In the event of the Customer’s failure to collect the repaired Goods from the courier (this also applies to Goods that have been recognised as an unfounded complaint), the Seller will call the Customer to collect the Goods within 14 days from the date of receipt of the call.
   4. If the Customer fails to pick up the Goods to which the compliant relates within the period described in section above, the Seller will send the Customer a second request to collect the Goods, setting an additional 14 days for collection from the date the Customer receives the request, under pain of charging fees for non-contractual storage of the Goods.
   5. After the ineffective expiration of the additional period described in the paragraph above, the Seller shall be entitled to charge the Customer for non-contractual storage of the Goods, in accordance with applicable regulations.

IX. RIGHT OF WITHDRAWAL FROM THE CONTRACT / RETURN

1. In the event that the Customer is a Consumer or a natural person entering into a contract directly related to their business activity, when the content of this contract shows that for this person it does not have a professional character, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, they may exercise the statutory right to withdraw from the contract without stating reasons within 14 days from the date on which the Customer came into possession of the Goods or on which a third person other than the carrier and indicated by the Customer came into possession of the Goods.
2. To meet the withdrawal deadline, it is sufficient to send the statement before the expiry of the period for withdrawal. The statement can also be made by filling out the appropriate form available at toya24.pl. Model withdrawal form
3. The right of withdrawal from a contract concluded at a distance, referred to in paragraph 1, does not apply to the Consumer with respect to contracts:
   • for services, where the entrepreneur has fully provided the service with the Consumer’s prior express consent, where the Consumer has been informed before the performance has begun that they will lose their right of withdrawal once the service has been provided by the entrepreneur;
   • in which the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the entrepreneur and which may occur before the end of the period for withdrawal from the contract;
   • the object of which are non-prefabricated goods, made according to the Consumer’s specifications or made for the purpose of meeting the Consumer’s individual needs;
   • the object of which are goods which are liable to deteriorate or expire rapidly;
   • the object of which are goods in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;
   • the object of which are goods which are, after delivery, due to their nature, inseparably mixed with other items;
   • the object of which are alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the entrepreneur;
   • in which the Consumer has specifically requested a visit from the entrepreneur for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those specifically requested by the Consumer or supplies goods other than replacement parts necessary for carrying out the repairs or maintenance, the Customer’s right of withdrawal shall apply to those additional services or goods;
   • the object of which are audio or video recordings or computer software delivered in sealed packaging, where the package has been opened after delivery;
   • for the supply of a newspaper, periodical or magazine, with the exception of subscription contracts;
   • concluded at a public auction;
   • for the provision of services related to accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sports or cultural events, if the contract provides for a specific date or period of provision of such a service;
   • for the supply of digital content which is not supplied on a tangible medium if the provision has begun with the Consumer’s prior express consent before the end of the period for withdrawal from the contract and after they have been informed by the entrepreneur about the loss of the right of withdrawal from the contract.
   • for the provision of services for which the Consumer is obliged to pay the price, where the Consumer has expressly requested the entrepreneur to come to them to repair the Goods, and the service has already been fully performed with the express and prior consent of the Consumer.
4. If the Consumer exercises their right of withdrawal, the contract is considered not concluded. The Consumer is obliged to return the Goods immediately, no later than within 14 days from the date on which the Consumer informed the Seller about withdrawal from the contract to the address of TOYA S.A., ul. Sołtysowicka 39, 51-168 Wrocław. The deadline is met if the Goods are sent back before the period of 14 days has expired. The Consumer is obliged to pay the direct costs of returning the Goods to the Seller. The Seller will return to the Consumer the payments received from the Consumer, including the costs of delivery of the Goods (excluding additional costs resulting from the method of delivery of the Order chosen by the Consumer, other than the cheapest ordinary method of delivery of the Order offered by the Seller) immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right to withdraw from the Order. The payment will be refunded using the same means of payment used in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees in connection with this return.
5. The Seller may withhold the refund to the Consumer until it receives back the Goods or until the Consumer provides proof of their return.
6. In the event of cancellation of the Order, the Consumer shall be liable to the Seller for any diminution in the value of the Goods, resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.

X. OPINIONS

1. The Seller allows users of the Online Store located on the domain www.toya24.pl to give feedback on the Goods.
2. Once the Order has been processed, the Seller sends the Customer an email requesting feedback on the Goods and an individually generated link associated with the Order number where the Customer can provide such feedback.
3. The Seller marks the issued opinions as “Verified opinion” or “Unverified opinion".
4. The marking “Verified Opinion” is placed next to the opinions that have been verified through the use of the feedback mechanism indicated in Section 2 by the Seller as having been issued by the Customer who purchased the Goods from the Online Store.
5. The marking “Unverified Opinion” means that the Seller had no way to verify that the opinion was issued by a user who purchased the Goods from the Online Store, i.e. the mechanism described in Section 2 was not used to issue the opinion.

XI. PERSONAL DATA PROTECTION

1. The Controller of the Customer’s personal data is “TOYA” S.A. with its registered office in Wrocław ul. Sołtysowicka 13-15, 51-168 Wrocław.
2. Pursuant to Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 2016 No. 119, hereinafter: “GDPR”), the Seller as the controller of the Customer’s data informs that:
   • A Data Protection Officer has been appointed at “TOYA” S.A.; contact details: iod@yato.pl, phone number: +48 713246200;
   • • The Customer’s personal data will be processed for the purpose of entering into a distance sales contract through an electronic service (the Online Store) or the Hotline, for the purpose of executing the order, i.e. the fulfilment of the obligations under the sales contract and the fulfilment of the Customer’s potential warranty claims (Article 6(1)(b) of the GDPR), for the purpose of fulfilling other legal obligations incumbent on the Controller (Article 6(1)(c) of the GDPR), as well as for the purpose of defending against the Customer’s potential legal claims under the concluded contracts (Article 6(1)(f) of the GDPR). Hotline recordings may also be processed to verify the quality of the hotline’s Customer service and improve it;
   • The Customer’s personal data will be stored for the period of existence of the account in the online store or the statute of limitations for claims arising from the concluded contract;
   • The recipients of the Customer’s personal data will be courier companies and other entities making delivery of goods, in the case of shipment of purchased goods, as well as entities cooperating with the Controller on the basis of written personal data processing contracts, in order to carry out the tasks and services specified in the contract for the Controller, in particular in the field of legal, consulting or IT services;
   • Customer’s personal data will not be subject to automated decision-making, including profiling;
   • Customer’s personal data will not be transferred to a third country;
   • Providing personal data by the Customer is voluntary, but it is necessary to conclude a contract with the Seller and conduct a conversation on the Hotline.
   • The Customer has the right to access their data and the right to rectify them, the right to erase them, the right to limit their processing, the right to data portability, and the right to object to their processing, to the extent that these rights are provided for in the GDPR;
3. The Customer may agree to receive information related to the activities of the Seller to the e-mail address (information about new Goods, services and promotions offered by the store - newsletter, e-mailing).
4. Personal information is not shared with other entities for marketing purposes, unless the Customer has consented to it.
5. The entrusted personal data is stored in compliance with the principles and safeguards consistent with the requirements specified in the legal provisions in force in the Republic of Poland, such as:
   • Act of 10 May 2018 on the Protection of Personal Data (Polish Journal of Laws of 2019, item 1781, as amended),
   • Act of 18 July 2002 on the Provision of Electronic Services (Polish Journal of Laws of 2020, item 44, as amended),
   • GDPR.

XII. FINAL PROVISIONS

1. The current content of the Regulations is available at toya24.pl
2. TOYA S.A. does not apply the regulation referred to in Article 2(5) of the Act of 23 August 2007 on Counteracting Unfair Market Practices.
3. The law applicable to the contract between the Customer and the Seller, the subject of which are the services provided by the Seller under the terms of the Regulations, is Polish law. A buyer who is a Consumer, after exhausting the complaint procedure specified in these Regulations, with the approval of the Seller, has the opportunity to use the out-of-court method of handling complaints and pursuing claims before the Permanent Arbitration Consumer Court at the locally competent Regional Inspector of Trade Inspection. Information on how to access the aforementioned dispute resolution mode and procedures, can be found at the following address: http://www.uokik.gov.pl, under “Consumers/Consumer Dispute Resolution”. A Customer who is a Consumer also has the option to use the EU’s online ODR platform, available at: http://ec.europa.eu/consumers/odr/. Disputes between the Seller and the Customer related to the services provided by the Seller may also be resolved by the competent Polish common courts.
4. Any comments relating to the operation of the store, the presentation and reliability of the data, or any irregularities found, please send an e-mail to: admin@toya24.pl
5. In matters not covered by these Regulations, the provisions of the Civil Code and other applicable legislation shall apply.
6. Amendments to the Regulations will be made by publishing the content of the new Regulations on the store’s website at least 14 days before the new Regulations take effect. A Customer who has agreed to have their e-mail address included in the newsletter database will be informed of the change in the Regulations by e-mail sent to the e-mail address provided fourteen days in advance.