These Terms and Conditions set out the rules for making purchases in the online store operated by the Seller at: TopMac
I. General Provisions
The owner and administrator of the online store TopMac operating at www.topmac.pl is: TopMac
Contact with the online store is possible from Monday to Friday, from 08:00 to 16:00 via email at: allegro@nexsome-sale.com
The Terms and Conditions specify in particular the rules for Customers' use of the online store TopMac, namely: the method of placing orders and their fulfillment, the method and time limits for product delivery, withdrawal from the contract, as well as the complaint procedure.
II. Definitions
Online store - the online store available at: www.topmac.pl, in which users may purchase products via the Internet (electronically);
Administrator, alternatively referred to as the Service Provider or the Seller - the entity providing sales services exclusively through the Online Store under the terms set out in these Terms and Conditions, namely: TopMac;
Website - the electronic address www.topmac.pl at which the Online Store operates;
Product or goods - an item that may be ordered in the Online Store;
Customer - an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, purchasing products through the online store available at www.topmac.eu;
Consumer - a Customer who is a natural person using the Online Store for purposes not directly related to their business or professional activity;
User - a Customer who has created an account in the online store;
Account - access to the Online Store resources made available free of charge by the Administrator to the User, in which the User's data voluntarily provided by the User and information about their activities on the website are collected. The Account is maintained by the Administrator for the User under the login indicated by the User;
Login - the Customer's identifier in the Online Store - the e-mail address or other identifier indicated by the User during Registration, enabling their identification in the online store;
Password - a unique string of characters (digits and/or special characters, lowercase/uppercase letters without Polish diacritical marks) chosen by the Customer during registration, with the option to modify it in the Account settings, used to log in to the online store in order to verify the Customer's identity;
Registration - the process of creating an account by the User in the online store TopMac;
Newsletter - an electronic communication issued by the owner of the online store, containing, among other things, information about the online store's offer and promotions, sent to the e-mail addresses of registered Users, provided that they have consented to receive such communications;
Cart - an element of the online store through which the Customer specifies the details of the order, in particular such as: the quantity and size of the products, the delivery address, invoice details, delivery method, and payment selection;
Order - an offer to conclude a sales agreement submitted by the Customer via the online store;
Sales Agreement - a sales agreement for the product(s), within the meaning of the Civil Code, concluded between the owner of the online store and the Customer via the online store;
ICT System - a set of cooperating IT devices and software ensuring the processing and storage, as well as the sending and receiving, of data via telecommunications networks by means of a terminal device appropriate for a given type of network;
Act - the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended; consolidated text: Journal of Laws 2019, item 134);
III. Conclusion of the Agreement for the Provision of Electronic Services
The Seller declares that it is a distributor of the products offered for sale via the online store and that it holds all required consents and authorizations from the Manufacturers of the brands sold, on the basis of which it conducts such sales. The Seller declares that it conducts sales exclusively by mail order via the website.
The Seller conducts sales within the territory of the Republic of Poland as well as outside the country's borders.
The Seller provides the following electronic services via the online store available at: www.topmac.eu:
a) Enabling the placement of an order through the appropriate form and the conclusion of a sales agreement,
b) Newsletter.
A condition for placing an Order in the Online Store by the Customer is reading these Terms and Conditions and accepting their provisions during the order placement process.
Information about the Products presented on the online store's website does not constitute an offer within the meaning of the provisions of the Civil Code; it constitutes an invitation to conclude a sales agreement. No later than at the moment the consumer expresses the will to be bound by a distance contract or an off-premises contract, the consumer shall be provided - in a clear and comprehensible manner - with the information specified in Article 12 of the Consumer Rights Act.
All products offered in the online store are brand new, originally packaged, free from physical and legal defects, and have been legally placed on the Polish market.
Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the Customer to the Seller.
The Customer may place orders via the online store website 24 hours a day.
The Customer may purchase products without registration. The Customer places an order by indicating in the cart the method of collection and payment for the order, as well as other data necessary for order fulfillment, such as:
a) first and last name,
b) e-mail address,
c) contact telephone number,
d) residential address and delivery address
e) and the data necessary for issuing a VAT invoice, if the Customer requests such an invoice.
The agreement for the provision of an electronic service consisting in enabling the Customer to place an order through the appropriate form is concluded for a fixed term and is terminated upon the placement of the order or upon the Customer ceasing to place it.
By selecting a Product, the Customer indicates the ordered Product together with its size and color (if the product is available in different colors or sizes).
The order placement procedure is completed at the moment the "I buy and pay" button is used.
The Administrator shall, immediately after receiving the order, send an order confirmation to the Customer's indicated e-mail address.
At the moment the Customer receives the order confirmation from the Administrator at the e-mail address indicated by the Customer, the Customer concludes a sales agreement with the Administrator for the product(s) covered by the order.
Ordering product(s) is possible only after the Customer accepts these Terms and Conditions. At the moment of accepting the Terms and Conditions, the Customer is bound by their content.
The online store reserves the right to temporary unavailability of products in the color, size, quantity, etc. ordered by the Customer. Information about the temporary unavailability of a Product will be made available on the online store's website.
The Seller reserves that the photographs presenting the products and placed on the online store's website are for informational purposes only and may not fully reflect the actual appearance of the products or show all details.
The fulfillment of the placed order begins on weekdays after 4:00 PM, and on Saturdays, Sundays, and public holidays it begins on the next business day.
If the Administrator cannot fulfill the order due to the unavailability of the ordered products, the Administrator shall immediately, but no later than within 30 days from the date of conclusion of the agreement, notify the Customer thereof and, if payment has been received, return the entire amount paid by the Customer.
As part of the technical requirements necessary to cooperate with the ICT system used by the Service Provider for the purpose of completing purchases, the Customer should have an active electronic mail (e-mail) account and a device connected to the Internet, meeting the following minimum technical requirements:
a) at least one of the following web browsers installed: Internet Explorer, Google Chrome, Mozilla Firefox, Safari,
b) a screen with a minimum resolution of 1024x768 pixels.
The Customer is obliged to use the online store in a manner consistent with the law and good practice.
The Customer is obliged not to provide content prohibited by law, such as content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties.
IV. Withdrawal from the Agreement
A Consumer who has concluded a distance contract has the right to withdraw from the Agreement without giving any reason and without incurring additional costs by submitting an appropriate written statement within 14 days. This period is final and shall be calculated from the day the Consumer, or a person indicated by the Consumer other than the carrier, takes possession of the item, provided that if the agreement covers multiple items delivered separately, in parts or in batches - from the moment of taking possession of the last batch or part, and where the agreement concerns items delivered regularly for a fixed period - from the day of taking possession of the first item. In the case of other agreements, the period for the Consumer to withdraw from the agreement runs from the date of its conclusion. To meet this deadline, it is sufficient to send the statement (document: Withdrawal from the Agreement Form) before its expiry to the Service Provider's address. Together with the returned goods, the Consumer should provide proof of purchase for accounting purposes.
In the event of withdrawal from an Agreement concluded at a distance, the Agreement shall be deemed not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management.
The Seller is obliged to promptly, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the agreement, refund to the Consumer all payments made by them, including the costs of delivery of the goods.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for the Consumer.
The purchased product should be returned to the Seller's address.
The Consumer is obliged to return the goods to the trader or hand them over to a person authorized by the Seller to collect them without undue delay, but no later than within 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the goods themselves. To meet the deadline, it is sufficient to send back the goods before it expires.
If the Seller has not offered to collect the goods from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until the goods are received back or the Consumer provides proof of their return, whichever occurs first.
The Seller informs that the right of withdrawal from the agreement does not apply to Consumers in relation to agreements specified in Article 38 of the Consumer Rights Act.
V. Price and Payment Methods
The prices displayed on the Online Store website for the offered product do not include VAT and are given in Polish zloty. The prices do not include shipping costs.
Information regarding the total value of the order, including shipping costs, is provided to the Customer on the website after the Customer has selected the method of payment and the method of delivery of the order.
The Customer may choose from the following payment methods:
a) online payment via e.g. Przelewy24 for the full value of the order calculated in the summary, prior to delivery of the ordered product;
The Customer is charged delivery (shipping) costs specified in the transport price list.
The Customer purchases the product and orders the delivery service (if applicable) according to the prices and delivery costs in force at the time the order is placed.
The Administrator reserves the right to change prices and delivery costs, in particular in the event of changes to the price lists of services provided by entities carrying out deliveries. This provision does not apply to orders already being processed or in respect of which an order acceptance confirmation has been sent to the Customer.
VI. Delivery of Ordered Products
The Product is shipped to the address indicated in the order form or provided by phone or e-mail. The Service Provider shall promptly inform the Customer of an incorrectly completed order form which prevents shipment from being made or may delay it.
A VAT invoice is issued for each order. The Seller conducts only mail-order sales via the Internet and is therefore exempt from the obligation to have a cash register and issue receipts.
The ordered product is delivered by post or courier companies. Delivery of ordered products takes place within the territory of the Republic of Poland or abroad.
Delivery of ordered products is carried out within up to 10 days from the date the order is received by the online store. In the event of a large number of orders, this period may be extended (the extension of the delivery period may not exceed 30 days, starting from the day following the date the order was placed by the Customer).
If the order is placed by a Consumer, the product shall be delivered no later than within 30 days from the date of conclusion of the agreement, unless the Parties agree on a different period in the agreement.
It is recommended that the Customer who is also a consumer within the meaning of Article 22[1] of the Civil Code should, where possible, inspect the condition of the product upon delivery of the shipment and, in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.), draw up an appropriate report. Inspecting the shipment will facilitate and expedite the pursuit of any claims against the responsible entity in the event of mechanical damage to the shipment arising during transport. In such situations, it is recommended that the Customer contact the Seller as soon as possible where feasible.
A Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code is obliged to inspect the condition of the product upon delivery of the shipment and in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.). In the event of mechanical damage to the shipment arising during transport, the Customer should draw up a damage report and immediately contact the Seller.
VI. Delivery of Ordered Products
The Product is shipped to the address indicated in the order form or provided by phone or e-mail. The Service Provider shall promptly inform the Customer of an incorrectly completed order form which prevents shipment from being made or may delay it.
A VAT invoice is issued for each order. The Seller conducts only mail-order sales via the Internet and is therefore exempt from the obligation to have a cash register and issue receipts.
The ordered product is delivered by post or courier companies. Delivery of ordered products takes place within the territory of the Republic of Poland or abroad.
Delivery of ordered products is carried out within up to 10 days from the date the order is received by the online store. In the event of a large number of orders, this period may be extended (the extension of the delivery period may not exceed 30 days, starting from the day following the date the order was placed by the Customer).
If the order is placed by a Consumer, the product shall be delivered no later than within 30 days from the date of conclusion of the agreement, unless the Parties agree on a different period in the agreement.
It is recommended that the Customer who is also a consumer within the meaning of Article 22[1] of the Civil Code should, where possible, inspect the condition of the product upon delivery of the shipment and, in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.), draw up an appropriate report. Inspecting the shipment will facilitate and expedite the pursuit of any claims against the responsible entity in the event of mechanical damage to the shipment arising during transport. In such situations, it is recommended that the Customer contact the Seller as soon as possible where feasible.
A Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code is obliged to inspect the condition of the product upon delivery of the shipment and in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.). In the event of mechanical damage to the shipment arising during transport, the Customer should draw up a damage report and immediately contact the Seller.
VII. Warranties and Complaints Procedure
In the event of non-conformity of the goods with the agreement, the Consumer shall be entitled to the rights specified in Chapter 5a of the Consumer Rights Act. The provisions of Book Three, Title XI, Division II of the Civil Code shall not apply to agreements obliging the transfer of ownership of goods to the Consumer, including in particular sales agreements, supply agreements, and contracts for specific work where the subject matter is goods.
If the goods are not in conformity with the agreement, the Consumer may request their repair or replacement.
The Seller may replace the goods when the Consumer requests repair, or the Seller may repair the goods when the Consumer requests replacement, if bringing the goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement. When assessing whether the costs for the Seller are excessive, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the goods with the agreement, the value of the goods conforming with the agreement, and the excessive inconvenience to the Consumer resulting from a change in the method of bringing the goods into conformity with the agreement.
The Seller shall carry out the repair or replacement within a reasonable time from the moment they were informed by the Consumer of the lack of conformity with the agreement, and without excessive inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular postal charges, transport, labor, and materials, shall be borne by the Seller.
The Consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the Consumer at the Seller's expense.
If the goods are not in conformity with the agreement, the Consumer may submit a statement on a price reduction or withdrawal from the agreement when:
a) the Seller has refused to bring the goods into conformity with the agreement,
b) the Seller has failed to bring the goods into conformity with the agreement,
c) the lack of conformity of the goods with the agreement persists, despite the Seller having attempted to bring the goods into conformity with the agreement,
d) the lack of conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first making use of the remedies,
e) it is clearly evident from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer.
The reduced price must remain in such proportion to the price resulting from the agreement as the value of the goods not in conformity with the agreement remains to the value of the goods in conformity with the agreement.
The Seller shall refund to the Consumer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
The Consumer may not withdraw from the agreement if the lack of conformity of the goods with the agreement is insignificant. It is presumed that the lack of conformity of the goods with the agreement is significant.
If the lack of conformity with the agreement concerns only some of the goods delivered under the agreement, the Consumer may withdraw from the agreement only in respect of those goods, and also in respect of other goods purchased by the Consumer together with the non-conforming goods, if it cannot reasonably be expected that the Consumer would agree to retain only the goods conforming with the agreement.
In the event of withdrawal from the agreement, the Consumer shall promptly return the goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer without undue delay, no later than within 14 days from the date of receipt of the goods or proof of their return.
The Seller shall refund the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for the Consumer.
The products are additionally covered by a warranty granted by the manufacturer, importer, or seller, valid within the territory of Poland. The warranty period for each product is indicated in its description on the store's website. Detailed terms of warranty implementation are specified in the warranty document issued by the guarantor. Most products are covered by warranties handled directly by the manufacturers. The Customer may also carry out the complaint procedure under the warranty through the Seller.
The Customer may submit complaints related to the provision of electronic services via the online store TopMac, concerning the creation and maintenance of an account, the possibility of placing orders through the order form, and the quality of the Products - by sending an e-mail to: allegro@nexsome-sale.com
The Administrator shall provide a response to the complaint to the e-mail address indicated by the service recipient or in another manner agreed by the parties.
The Seller is obliged to respond to the complaint of the Customer and the Customer being a Consumer within 14 days from the date of its receipt.
If the Seller has not responded to the complaint within the period referred to above, it shall be deemed that the complaint has been accepted.
The Seller shall provide the Consumer with the response to the complaint on paper or on another durable medium.
Complaints regarding quantitative and qualitative defects of the received Products are accepted within a period not longer than one month from the detection of the defect, but no later than within 2 years from the date the Product was delivered to the Customer. The complaint should include as many details as possible, the invoice number, the consignment note number, the circumstances of the damage, etc.
If the complaint is resolved in favor of the Customer, the Administrator shall bring the Product into conformity with the agreement, in accordance with the Customer's request, by repairing it or replacing it with a new one. If replacement or repair of the Product is impossible or would involve excessive costs, the Customer shall have the right to request a price reduction or to withdraw from the agreement.
In the case of agreements concluded with Customers who are not simultaneously Consumers within the meaning of Article 22[1] of the Civil Code, pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty is excluded.
The Customer may submit a complaint regarding a product having defects within the meaning of generally applicable laws:
a) by exercising the rights arising from the granted warranty - in such circumstances, the Customer may submit a complaint to the Administrator, who acts only as an intermediary forwarding the submitted complaint to the manufacturer,
a) by exercising the rights vested in the Customer who is also a consumer within the meaning of Article 22[1] of the Civil Code against the Administrator in connection with the non-conformity of the Product with the agreement.
If the ordered Product is to be sent by the Service Provider to the Customer being a Consumer, the risk of accidental loss of or damage to the Product passes to the Consumer upon its delivery to the Consumer. Entrusting the item by the Service Provider to the carrier shall be deemed delivery if the Service Provider had no influence on the Consumer's choice of carrier.
VIII. Newsletter of the Online Store
The Newsletter is sent exclusively to Customers who have consented to receive it by providing their identifying electronic address for this purpose.
The Newsletter service consists of periodically sending the Customer messages of an advertising nature to the e-mail address indicated by the Customer.
By subscribing to the Newsletter, the Customer consents to receiving correspondence from the Online Store by electronic means and at the same time consents to the processing of personal data to the extent necessary for this purpose.
The Customer may unsubscribe from the Newsletter at any time; for this purpose, they should contact the Administrator. The Customer shall be promptly notified by return message that their e-mail address has been removed from the Newsletter subscribers list.
IX. Dane osobowe
TopMac, conducting business under the name TopMac, is the Controller with respect to Customers' personal data within the meaning of Regulation (EU) 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 (GDPR).
For the purpose of performing the agreement with the Customer, that is on the basis of Article 6(1)(b) of the GDPR, the Controller collects the following personal data: first and last name; street; house number; apartment number; postal code; city; country; contact telephone number; e-mail; company name; VAT identification number. Apart from the information indicated below, the detailed information obligation within the meaning of Article 13 of the GDPR towards Customers providing their personal data is fulfilled by the Controller when the Customer enters the Controller's website.
During registration in the online store, the Customer consents to the processing of personal data by the Controller for the purpose of sending marketing information. Consent to the processing of data for this purpose is voluntary.
The recipients of Customers' personal data shall be entities providing services to the Controller under a data processing entrustment arrangement, in particular the courier delivering shipments to Customers.
Customers' personal data shall not be transferred to a third country or an international organization.
Customers' personal data are stored by the Controller until the concluded agreement is performed and for accounting purposes - in accordance with the law, as well as until the Customer deletes their account on the Controller's website.
The Customer has the right to access their personal data, the right to request rectification, erasure, or restriction of the processing of such data, and the right to data portability.
The Customer has the right to lodge a complaint with the supervisory authority if they believe that the processing of personal data violates the law.
Customers' data are processed in an automated manner, however, they are not processed in the form of profiling.
In order to exercise their rights in relation to the Customer's personal data, the Customer should contact the Controller at the following e-mail address: allegro@nexsome-sale.com.
X. Final Provisions
Users may contact the Seller in the following ways:
a) by e-mail at: allegro@nexsome-sale.com,
b) in writing at: Chorzowska 12a Radom.
Customers may access these Terms and Conditions at any time via the link placed on the homepage of the online store: TopMac. The Terms and Conditions may be recorded, obtained, and reproduced by printing them out or saving them on an appropriate data carrier.
The name of the online store TopMac, the website address under which it is available: [www.topmac.eu](http://www.topmac.pl), and all materials contained therein constitute a subject of copyright and are protected by law. Their use and distribution without the consent of the store owner are prohibited.
These Terms and Conditions enter into force on the date of their publication on the Online Store website.
The Controller reserves the right to amend the Terms and Conditions for valid reasons, in particular such as: changes in payment and delivery methods, changes in the scope, fees, or form of the services provided, and changes in the Controller's details - to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
Customers who have an account in the Store will be informed of any changes to the Terms and Conditions by e-mail correspondence.
If, during the period since the last login, the Store's Terms and Conditions have been amended, the Customer shall accept or reject their provisions as amended. In the absence of acceptance of the Terms and Conditions, in particular after amendments have been introduced, purchases in the Online Store are not possible.
A Customer who does not accept the amendments introduced to the Terms and Conditions has the right to delete their account at any time.
Orders placed while the previous version of the Terms and Conditions was in force shall be fulfilled in accordance with its existing provisions. If the User does not agree to the introduction of amendments to the Terms and Conditions, they may delete their Account.
In matters not regulated by these Terms and Conditions, the applicable provisions of law in force in the territory of the Republic of Poland shall apply, in particular: the Act of 23 April 1964 - the Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of 30 May 2014 on Consumer Rights, and the GDPR.
With regard to agreements concluded with Customers who are entrepreneurs and have their registered office outside the territory of the Republic of Poland, in matters not regulated by these Terms and Conditions, only the applicable provisions of law in force in the territory of the Republic of Poland shall apply.
With regard to agreements concluded with Customers who are consumers having their habitual place of residence outside the territory of the Republic of Poland, in matters not regulated by these Terms and Conditions, only the applicable provisions of law in force in the territory of the Republic of Poland shall apply. However, the application of the applicable provisions of law in force in the territory of the Republic of Poland shall not deprive the consumer of the protection granted to them under provisions that cannot be excluded by agreement under the law in force in the state of the consumer's habitual place of residence.
Disputes arising from the application of these Terms and Conditions and in connection with the performance of agreements concluded between the Service Provider and Customers shall be examined by the court having jurisdiction in accordance with the provisions on subject-matter and territorial jurisdiction pursuant to the Act of 17 November 1964 - the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
Under these Terms and Conditions, the Seller does not undertake to use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
