General Terms and Conditions
The owner and operator running an online wholesale store by means of the https://tmc-moda.pl/hurt/pl/ website (hereinafter referred to as the “Online Wholesale Store” or “Wholesale Store”) is Naomimi Sp. z o.o., with registered office in Tomaszów Mazowiecki, incorporated in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Łódź - Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS number: 0000639077, NIP [VAT No.]: 7732479827, REGON [Statistic No.]: 365484080.
These Terms and Conditions are addressed to all users and define the rules of registration and the use of an Individual Account, as well as the sales of the Seller's products via the Online Wholesale Store and specify the terms and conditions for the provision of free electronic services.
The Customer has the option of contacting the Online Wholesale Store at the following e-mail address: firstname.lastname@example.org or by phone from Monday to Friday from 8:00 am to 5:00 pm and on Saturday from 8:00 am to 1:00 pm at the phone number +48 792 215 615 (PL) or +48 509 526 047 (DE).
The Data Controller of the Customers' personal data is Naomimi Sp. z o.o., with the registered office in Tomaszów Mazowiecki, incorporated in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Łódź - Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS number: 0000639077, NIP [VAT No.]: 7732479827, REGON [Statistic No.]: 365484080.
§ 1 Definitions
- Customer - An entrepreneur who is a user of the Online Wholesale Store Website who can be provided services via the Online Wholesale Store in accordance with the Terms and Conditions and the provisions of the law.
- Civil Code - Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended).
- Individual Account - a panel assigned individually to the Customer after registration of his or her personal data in the Online Wholesale Store system, marked with an e-mail address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Online Wholesale Store Website.
- Newsletter - it should be understood as an information bulletin regarding new products and promotions conducted by the Online Wholesale Store, to which the Customer has subscribed by giving his or her consent by entering his or her e-mail address in the "Newsletter" box;
- Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, but has legal capacity given by applicable act of law, conducting business or professional activity on its own account and carrying out a legal action directly related to its business or professional activity.
- Terms and Conditions - means these Terms and Conditions.
- Seller - Naomimi Sp. z o.o., with registered office in Tomaszów Mazowiecki, incorporated in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Łódź - Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS number: 0000639077, NIP [VAT No.]: 7732479827, REGON [Statistic No.]: 365484080.
- Goods - means a product presented each time by the Seller as part of the Online Wholesale Store for the purpose of its sale.
- Contact details - the following details, due to which the Customer can contact the Online Wholesale Store: email address: email@example.com or by phone from Monday to Friday from 8:00 am to 5:00 pm and on Saturday from 8:00 a.m. to 1:00 p.m. at the following telephone number +48 792 215 615 (PL) or +48 509 526 047 (DE).
- Sales Contract - a contract for selling the Goods concluded between the Seller and the Customer, the terms of which are specified in these Terms and Conditions. The Sales Contract is concluded with the use of means of distance communication, upon the acceptance of the order by the Seller on the terms set out in these Terms and Conditions.
§ 2 General provisions and rules of using the Online Wholesale Store
- The Online Wholesale Store runs the wholesale of the Goods only for Entrepreneurs holding with NIP [VAT Number] dealing in the sale of clothes.
- Access to these Terms and Conditions can be obtained by any Customer at any time, via the “Wholesale Store Terms and Conditions” included in Online Wholesale Store website, as well as by saving its PDF version on a data carrier.
- Information about the Goods posted on the Online Wholesale Store, such as photographs, descriptions and prices constitute an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, in accordance with the provisions of these Terms and Conditions.
- Photographs and descriptions of the Goods offered serve as the presentation of specific models of the Goods shown wherein.
- Proprietary copyrights to photographs and descriptions offered on the Goods Website belong to the seller. Using photographs and descriptions by the customer is possible only upon prior consent granted by the seller either in an e-mail message or in writing. Use of photographs and descriptions without seller’s prior consent may result in legal action taken by the seller, including payment of double amount of the relevant remuneration that would be due for the permission given by the copyright owner to use the copyrighted content, or triple amount if the third party is found guilty of breaching the copyright law.
- Minimum technical requirements, the fulfillment of which is necessary to work with the ICT system used by the Seller, including the conclusion of the Sales Contract and the provision of other electronic services are: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail and a valid e-mail address; (3) web browser: Mozilla Firefox version min. 17.0 or Internet Explorer version min. 10.0, Opera version min. 12.0, Google Chrome version min. 23.0., Safari version min. 5.0; (4) the recommended minimum screen resolution is 1024x768.
- It is not allowed to:
- use the Online Wholesale Store to conduct activities that would infringe the interest of the owner of the Online Wholesale Store in a manner contrary to the law, good commercial practice or would infringe the personal rights of third parties,
- provide unlawful content to the Wholesale Store,
- use the Wholesale Store in a way that disrupts its operation or undertake IT activities or any other activities aimed at entering into possession of information not intended for the Customer, including personal data of other Customers;
- post unsolicited commercial information as part of the Wholesale Store, and
use the content posted on the Wholesale Store's website for other use than one’s own.
§ 3 Rules for placing a purchase order and concluding a Sales Contract
- The Seller allows the conclusion of contracts for the sale of Goods via the Internet and provides other services provided for in these Terms and Conditions.
- In order to register an Individual Account, it is necessary for the Customer to have an active e-mail account.
- Creation of an Individual Account is necessary to place an order with the Online Wholesale Store.
- The Customer may place orders in the Online Wholesale Store via the Online Wholesale Store for 7 days a week, 24 hours a day.
- To place an order, one must log in to the Individual Account, then select the Goods in the Wholesale Store, particularly in terms of their models, quantity and personalization. Each of the items of Goods should be added to “Your Shopping Bag” with the option “Add to your shopping bag”. The selection of each of the items of Goods will take the Customer to "Your shopping bag”. To continue shopping, the “Return” option should be clicked. Once the shopping is completed, “Your shopping bag” should be clicked and one shall continue the ordering procedure by selecting the option “Complete the order”. When completing the order, the Customer fills in his or her personal data and delivery address in suitable boxes. In the following steps, the Customer can choose the terms of delivery of the Goods and the method of payment and is informed about the total price for the selected Goods and delivery whereof, as well as all additional costs that the Customer is obliged to incur in connection with the purchase order placed.
- Then, the Customer places the order by clicking the “Confirmation of the purchase order with the obligation to pay” option and selecting the "Buy and pay" option on the Online Wholesale Store website.
- All the information provided by the Customer during the ordering process should be true, correct and up-to-date. The Seller reserves the right to refuse to process the purchase order if the personal data are so incorrect that it makes it impossible to process the order, in particular to prevent proper delivery of the ordered Goods. Before refusing the order, the Seller will attempt to contact the Customer in order to determine the necessary details.
- Until the approval of the selection of the Goods by clicking on “Buy and pay” option, the Customer can make changes and modifications to the Goods in the purchase order, as well as in contact details for shipment or for invoice. Until the payment is made, the Customer may stop shopping by not moving on to the next steps. In such a case, the Customer's order will not be processed.
- Placing an order by the Customer constitute an offer to the Seller to conclude a sales contract for the Goods within the meaning of the Civil Code.
- After placing the purchase order, the Seller shall send a confirmation of receiving the purchase order to the e-mail address provided by the Customer. Then, the Seller shall send a message on the acceptance of the purchase order for processing to the email address provided by the Customer.
- Conclusion of the Sales Contract for the Goods between the Seller and the Customer shall become effective once the Customer has received an e-mail about the acceptance of the purchase order for processing referred to in Section 11 above. This information includes confirmation of the terms of the Sales Contract concluded on the basis of these Terms and Conditions.
- On concluding the sale agreement between the seller and the client, the client is not provided with the right of withdrawal, subject to §7 of the Regulation.
§ 4 How to Create an Individual Account
- To create an individual account a user/a client/ will be asked to register free of charge in the Wholesaler data base. To register a user/a client/ fills in a registration form available online in the ‘Registration’ tab or ‘Create an account’ tab. To complete the registration form a user/a client/ provides the following particulars: first name(s), surname, Tax File ID, company name, e-mail address and a password fixed by a user /a client/.
- After the completed registration form has been submitted, a user/a client/ receives a notifying email message to the electronic address used in the registration form confirming an individual account registration in the Wholesaler data base. The account is activated after the user’s/the client’s/ data are checked. A user/a client receives an email message notifying that the account has been activated and a link to log in. This activity concludes the agreement for provision of individual account services by electronic means and a user/a client/ gets access to the individual account and may change and correct their personal data submitted during the registration process.
User/Client/ Personal Data
- for Newsletter subscription – an e-mail address
- for individual account registration: first name(s), surname, Tax File ID, company name and e-mail address,
§ 5 Delivery
- The Goods are delivered to the address indicated by the Customer in the purchase order within the Republic of Poland and to the countries listed in the tables in the "Delivery and payment" tab.
- The Goods are delivered by DPD courier. In the case of delivery to the destination within the Republic of Poland, cash on delivery form of payment can be accepted. Costs of delivery of the Goods are quoted in the order form and can also be found in the tables in the "Delivery and payment" tab.
- On the day of dispatch of the Goods to the Customer, the Seller shall send a message on sending the Goods to the email address of the Customer.
- The goods are delivered within 3 business days. If the delivery date is specified on a working day, this should be understood as any days from Monday to Friday inclusive, except on public holidays.
- The proof of purchase is included in each package of the Goods.
§ 6 Prices and Payments
- The prices visible when logged in are gross and given in Polish "złoty" per one item.
- The Wholesale Store processes the orders, the value of which is at least gross PLN 245.
- The price of the Goods shall include the shipment cost, the amount of which depends on the selected form of delivery, terms of payment, the country of destination of the Goods, as well as the total weight of the ordered Goods.
- The purchase price of the Goods provided on the Online Wholesale Store’s Website shall become final and binding the moment the Customer has received an electronic message confirming the acceptance of the purchase order of the Goods selected by the Customer, under Article 3 Section 10 above. This price will not change regardless of any price changes or promotion or sale campaigns launched on the Online Wholesale Store Website.
- The Customer shall pay the price for the ordered Goods along with the delivery costs, in one of the following forms of payment:
- by bank transfer to the Seller's bank account, before delivery in the case of delivery within the territory of the Republic of Poland;
- cash on delivery paid to a courier at the place of delivery, in the case of delivery within the territory of the Republic of Poland;
- by bank transfer to the Seller's bank account or via the PayPal payment system before delivery, in the case of delivery to the destination in other countries.
- If the Customer chooses the payment method specified in Section 5a., but the Seller shall not receive the payment within 3 business days from the date of the Sales Contract, and not in the additional period specified by the Seller, the Seller shall have an option to withdraw from the Sales Contract.
- If the Customer chooses the payment method specified in Section 5c above, the Seller shall dispatch the Goods ordered after receiving the payment confirmation from PayPal, but not earlier than after sending to the Customer an electronic message confirming the acceptance of the purchase order of selected Goods as set out in Article 3 Section 10 above.
- If the Customer selects the payment method specified in Section 5b above, yet has not paid cash on delivery, despite being given an additional date by the Seller, it shall open an option for withdrawal from the Sales Contract by the Seller. In this case, the Customer shall bear the costs of returning the Goods to the Seller.
- The Seller reserves the right to change the prices of the Goods in the Wholesale Store, to introduce new Goods to the Wholesale Store, to carry out and cancel promotional campaigns on the Online Wholesale Store’s website, or to amend it in accordance with the Civil Code and other laws, without such changes affecting the rights of individuals that have entered into a Sales Contract for the Goods offered by the Wholesale Store prior to the above-mentioned changes, nor the rights of individuals entitled to take advantage of a given promotion, in accordance with its rules and when it is effective.
§ 7 Complaints
- If the purchased Goods has a physical or legal defect, the Seller shall be liable to the Customer on the basis of Article 556 and subsequent articles of the Civil Code (warranty).
- The Customers shall lose their warranty rights if they failed to examine the Goods after delivery and failed to notify immediately the Seller about the defect, and in the event the defect appeared only later - if the Customer failed to notify the Seller immediately after it was discovered.
- The Seller shall take steps to ensure that the Wholesale Store operates correctly, as far as applying the up-to-date technical knowledge is concerned and undertakes to remove any irregularities reported by the Customers within a reasonable time.
- If the Goods sold have a defect, the Customer may submit a statement about the price reduction or of withdrawal from the Sales Contract, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Goods for a product free of defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects.
- The Seller may reject the Customer's request for remedy in terms of replacement of the defective Goods with the Goods free from defects or to remove the defects, if it is impossible to comply with the Sales Contract for the defective Goods in the manner chosen by the Customer or it would require incurring excessive costs in comparison with another possible way to comply with the Sales Contract. The Seller may also refuse to replace the defective Goods for the Goods free from defects or to remove the defect when the costs of satisfying this obligation exceed the price of the Goods sold. The costs of repair or replacement shall be borne by the Seller.
- The Customer who exercises the rights under the warranty, is obliged to deliver the defective items to the address of the Seller at the Seller’s expense.
- The Seller shall be liable towards the Customer under the warranty if the physical defect is discovered before the expiry of two years from the dispatch of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a product free from defects expires after one year from the day the defect is discovered. Within this period, the Customer may withdraw from the Sales Contract or submit a statement about the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods or remedying the defect, the deadline to withdraw from the Sales Agreement or to submit a price reduction statement begins at the ineffective deadline for replacement of the Goods or removal of the defect.
- A complaint may be lodged on the complaint form available for download from the Wholesale Website by returning the Goods together with a description of the defect and proof of purchase, by registered post or another form of delivery, to the address of Naomimi Sp. z o.o., ul. Wola Wiaderna 28A, 97-200 Tomaszów Mazowiecki or if the complaint concerns free services provided electronically by the Seller, referred to in the Terms and Conditions, the complaint can be submitted to the email address of firstname.lastname@example.org, including the description of the problem reported. In matters related to the complaint, the Customer may also contact the Seller by phone at number +48 731 215 415.
- The Customer will receive information on the method of handling the complaint within 14 days from the date of submitting the said claim.
§ 8 Other services provided electronically
- In addition to enabling the Customers to conclude sales contracts via the Online Wholesale Store in accordance with these Terms and Conditions, the Seller shall also provide the following electronical services to Customers, free of charge:
- Newsletter service,
- Individual Account service.
- In order to activate the Newsletter service, the Customer is required to give a consent to receive the Newsletter by providing an e-mail address in the "Newsletter" box and to confirm whereof by clicking the activation link sent by the Seller to the e-mail address indicated by the Customer (starting point of providing the Newsletter service).
- The Newsletter is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to resign from receiving the Newsletter by clicking on the deactivation link, included in every Newsletter sent to the Customer, in the form of an e-mail or by sending a request to the Seller using contact details.
- The Individual Account service is available after registering personal data in the Online Wholesale Store system in accordance with Article 4 above and consists in providing the Customer with an individual panel in the Seller's ITC system, allowing the Customer to use additional functionalities of the Online Wholesale Store website, such as visibility of the prices of the products, modification of Customer’s personal data, maintaining Customer's session after logging in to an Individual Account, placing orders, storing and sharing of purchasing history with the Customer, tracking the status of orders.
§ 9 Protection of personal data
- The Customer's personal data are processed by the Seller as a personal data controller.
- The Seller applies appropriate technical and organizational measures to ensure the protection of personal data.
§ 10 Final provisions
- The Terms and Conditions shall be effective from 29 May 2018.
- The contracts concluded with the Seller are drawn up in the Polish language.
- The Seller is liable only in the case of deliberate damage or harm and within the limits of the actual loss suffered by the Customer.
- The Parties shall endeavor for an amicable resolution of any disputes arising from the contract concluded on the basis of these Terms and Conditions.
- Lack of acceptance of the Terms and Conditions prevents the Customer from purchasing the Products offered by the Wholesale Store. The Wholesale Store will allow the Customer to become acquainted with the Terms and Conditions when placing an order. Any changes introduced to the Terms and Conditions by the Seller will not affect the orders accepted by the Seller for processing before the modified Terms and Conditions enter into force. Customers who have an Individual Account will be informed about the change in the Terms and Conditions via an e-mail message. The Customer who shall not accept the changes introduced in the Terms and Conditions, is entitled to withdraw from the contract for the provision of services by electronic means.
- The law applicable to the resolution of any disputes arising from these Terms and Conditions shall be the Polish law. In matters not covered by these Terms and Conditions, applicable provisions of Polish law shall apply, in particular: Civil Code and other relevant provisions of applicable law.