Terms and Conditions of Use

REGULATIONS

OF TRANSLATORTOOLBOX.COM ONLINE SHOP

  1. General provisions
  2. These Regulations constitute the legal basis determining the rules for the use of TRANSLATORTOOLBOX.COM online shop.
  3. By making a purchase in TRANSLATORTOOLBOX.COM online shop, the Purchaser accepts the provisions of these Regulations and obliges him- or herself to abide by the rules set out herein.
  4. The Purchaser may communicate with TRANSLATORTOOLBOX.COM online shop and its service staff via e-mail correspondence sent to: shop@translatortoolbox.com.
  5. Terms used in the Regulations

The capitalised terms used herein shall have the following meaning:

  1. TRANSLATORTOOLBOX.COM – online shop operating at TRANSLATORTOOLBOX.COM address, run and administered by Diana Jankowiak, a sole trader running a company under the name of Diana Jankowiak, at ul. Międzyborska 21/4, 04-041 Warszawa, Poland, Tax ID No. (NIP): 9261647455, REGON No.: 146343540, e-mail: mail@dianajankowiak.pl, based on the entry to the Central Business Register and Information Service maintained by the Minister of the Economy, providing the service of making the resources of TRANSLATORTOOLBOX.COM to the Users;
  2. Product – commodity that is the subject of Sale via TRANSLATORTOOLBOX.COM online shop;
  3. Purchaser – an individual over 18 years old who has capacity to perform acts in law, a legal entity or an organisational unit without legal personality that can acquire rights and undertake obligations, making a purchase at TRANSLATORTOOLBOX.COM. Purchasers may be persons over 13 and below 18 years old in the scope, in which they can acquire rights and undertake obligations in accordance with the provisions of the law in force;
  4. Seller – Diana Jankowiak, ul. Międzyborska 21/4, 04-041 Warszawa, Poland. The terms Seller and TRANSLATORTOOLBOX.COM are identical terms and may be used in the Regulations interchangeably;
  5. Consumer – a Purchaser who is an individual and performs legal transactions within TRANSLATORTOOLBOX.COM which are not directly related to his or her business or professional activity.
  6. Entrepreneur – a Purchaser who is an individual and makes purchases within TRANSLATORTOOLBOX.COM in relation to his or her business or professional activity, a legal entity or organisational unit without legal personality, which may acquire rights and undertake obligations on their own behalf, running a business or professional activity in their own name.
  7. Sale – process of concluding a sale agreement between the Purchaser and TRANSLATORTOOLBOX.COM. The sale is conducted online on the terms determined herein;
  8. Regulations – these regulations specifying the rules of the use of TRANSLATORTOOLBOX.COM online shop.

 

III.            Technical terms of use of TRANSLATORTOOLBOX.COM

  1. Using TRANSLATORTOOLBOX.COM via the Internet shall be possible on condition that the data communication system used by the Purchaser satisfies the following minimal technical requirements: Internet access, Internet browser with Java Script and Cookies enabled.
  2. TRANSLATORTOOLBOX.COM shall not be liable for blocking mail servers delivering messages to the address provided by the Purchaser by administrators, as well as deleting and blocking e-mail messages by software installed on the computer used by the Purchaser.
  3. Registration and terms of use of TRANSLATORTOOLBOX.COM
  4. TRANSLATORTOOLBOX.COM operates 12 months a year, 7 days a week, 24 hours a day (excluding short breaks due to maintenance works).
  5. An active e-mail account is required in order to make purchases at TRANSLATORTOOLBOX.COM.
  6. Placing orders is possible after filling in the form on TRANSLATORTOOLBOX.COM, which requires the Purchaser to provide a name, a surname (or, if applicable, the company’s name), a mailing address, an e-mail address, a phone number, a Tax ID No. (NIP) in the case of companies, and to accept these Regulations.
  7. After filling in the form, the Purchaser will receive an activation e-mail to the e-mail address provided in the form, and confirm the Registration by clicking the activation link.
  8. In the Registration process, the Purchaser is obliged to provide true and full information.
  9. Making a purchase at TRANSLATORTOOLBOX.COM is possible also without the Purchaser’s Registration stipulated in Subclause 3-5 herein. In this case, when placing the order, the Purchaser is obliged to fill in a form by providing, in particular: a name and a surname (or, if applicable, name and a Tax ID No. (NIP – in the case of companies), mailing address, shipment address, e-mail address, phone number, and to accept these Regulations.
  10. The shipment address provided during the Registration or in the form filled in during the purchase without Registration shall be the default address used for delivery of ordered products; with every order placement, the Purchaser is allowed to provide another shipment address. In the case of providing a company’s address, submitting the company’s name, in addition, is mandatory.
  11. During the Registration or when filling in the form of the purchase without Registration, the Purchaser is prohibited from providing unlawful content.
  12. TRANSLATORTOOLBOX.COM does not consent to using and altering wholly or partially any elements present on the web page, in particular graphics, logo, and contents, as property belonging to TRANSLATORTOOLBOX.COM. The proprietary copyright is held by TRANSLATORTOOLBOX.COM.
  13. Process of concluding a sale agreement
  14. Information about the Products published on the page TRANSLATORTOOLBOX.COM does not constitute a commercial offer within the meaning of the provisions of the Civil Code, but is an invitation to submit offers.
  15. The Purchaser, by placing the order of the Product via TRANSLATORTOOLBOX.COM is submitting an offer to conclude a sale agreement.
  16. To place an order, the Purchaser shall be obliged to:
  17. select the Products to be purchased;
  18. select a method and address of delivery, and an invoicing or billing address;
  19. select a method of payment;
  20. fill in the order form.
  21. TRANSLATORTOOLBOX.COM shall send the Purchaser the confirmation of order acceptance to the e-mail address provided by the Purchaser, which shall be identical with confirming the conclusion of an agreement.
  22. In an e-mail, referred to in Subclause 4 above, TRANSLATORTOOLBOX.COM shall indicate a bank account number to which the Purchaser shall make the payment in the case of selecting a shipment method other than payment upon delivery.
  23. Rights and obligations of the Purchaser
  24. The Purchaser shall bear the responsibility for providing accurate and full shipment address.
  25. If the Purchaser’s personal data provided in the Registration process alters, the Purchaser shall be obliged to update them as soon as possible.
  26. TRANSLATORTOOLBOX.COM shall send the Products purchased in accordance with the provisions of Clause VIIII of these Regulations.

VII.          Prices, payments, and order cancellation  

  1. All the prices of the Products published on the web page TRANSLATORTOOLBOX.COM:
  2. a) are provided in EUR (euro)
  3. b) include the VAT,
  4. c) do not include delivery costs.
  5. The delivery cost depends on the method of delivery selected by the Purchaser.
  6. The Purchaser may select following payment methods for the Products purchased with delivery within the Polish territory:
  7. a) bank transfer: the fulfillment of the order shall start after the payment is credited to TRANSLATORTOOLBOX.COM’s bank account designated in the Subclause 4 below,
  8. b) payment by the PayPal system: the fulfillment of the order shall start after the payment confirmation by PayPal is received by COM.
  9. In the case of payments stipulated under Subclause 3 (a) above, the Purchaser shall be obliged to make the payment to the bank account of TRANSLATORTOOLBOX.COM with the number: 29 1950 0001 2006 0380 0300 0002, IdeaBank, entitled: “Order No. [……..]”. The payment shall be made within the period of 5 days from receipt of an e-mail from TRANSLATORTOOLBOX.COM confirming the acceptance of the order.
  10. If the Purchaser does not transfer the payment in due time limit outlined in the Subclause 4 above, TRANSLATORTOOLBOX.COM shall send the Purchaser an e-mail to remind him or her about the obligation to complete the payment for the order. In the reminder e-mail, TRANSLATORTOOLBOX.COM will designate another period of 5 days for the Purchaser, after expiration of which the order shall be deemed cancelled.
  11. The order may be cancelled or altered also to the request of the Purchaser submitted prior to shipment of the Product by the Seller. The request is to be sent to the e-mail address shop@translatortoolbox.com.
  12. In the case of selecting the payment upon delivery method by the Purchaser, TRANSLATORTOOLBOX.COM shall send the purchased Product within 7 days from the day of the confirmation of the order sent to the e-mail address provided by the Purchaser, by way specified in the Clause V., Subclause 4. In other instances, the Product shall be sent within 7 days from recording the payment on the bank account of TRANSLATORTOOLBOX.COM.
  13. The obligation of additional payments to be made by the Consumer, beyond the agreed remuneration for general obligations of TRANSLATORTOOLBOX.COM, may occur after the express approval of the Consumer has been obtained, which shall be voiced, at the latest, at the moment of placing the order by the Consumer.

VIII.         Terms of delivery

  1. The Products purchased may be delivered via Poczta Polska or a delivery company.
  2. TRANSLATORTOOLBOX.COM shall notify the Purchaser about dispatching the Product by e-mail.
  3. A failure to deliver the parcel shall be reported by the Purchaser to TRANSLATORTOOLBOX.COM by e-mail. The Purchaser should take into account that time limits of delivery differ depending on individual delivery companies.
  4. In the case of a failure to deliver the parcel to the Purchaser, TRANSLATORTOOLBOX.COM shall lodge a complaint with the deliverer.
  5. If the deliverer accepts the complaint of TRANSLATORTOOLBOX.COM, TRANSLATORTOOLBOX.COM shall immediately refund the total payment to the Purchaser on the bank account number designated by the Purchaser. The provisions of the Regulations included in the Clause IX, Subclause 6-8 shall apply accordingly.
  6. In order to facilitate the processing of the complaint on the account of damaging the Product in transit, upon receipt of the delivery of the Product, in the case of damages or infringement of the packaging in which the Product was delivered, the Purchaser shall draw up a damage report via the delivery company employee or a postman.
  7. If it turns out that the Product was damaged in transit, the Purchaser shall notify about this fact TRANSLATORTOOLBOX.COM via e-mail sent to the address shop@translatortoolbox.com, including the damage report, if such was drawn up by the Purchaser.
  8. After receiving the damage report of the delivery or the notification of the delivery being damaged in transit, TRANSLATORTOOLBOX.COM shall immediately begin the complaint process with the company in charge of the delivery.
  9. If the deliverer acknowledges the complaint lodged by TRANSLATORTOOLBOX.COM, TRANSLATORTOOLBOX.COM shall immediately refund the total payment to the Purchaser to the bank account number designated by the Purchaser. The provisions of the Regulations included in the Title IX, Subclause 6-12 shall apply accordingly.
  10. Withdrawal from the agreement
  11. The provisions of the present Clause IX shall apply in the event when the Purchaser is a Consumer.
  12. The Consumer shall be allowed to withdraw from the sale agreement for convenience within 14 days from the date of the delivery of the Product. In the event of withdrawal from the agreement, it shall be deemed not concluded. What the parties rendered shall be returned unaltered, unless the alteration was necessary in the ordinary course of dealings.
  13. The declaration of withdrawal from the agreement shall be made in writing and sent to the address: Diana Jankowiak, ul. Międzyborska 21/4, 04-041 Warszawa, Poland. The specimen form of the declaration of withdrawal from the agreement constitutes Appendix No. 1 to these Regulations.
  14. The Product returned shall be sent by the Purchaser to the address of TRANSLATORTOOLBOX.COM, not later than within 14 days from the day of the declaration of withdrawal from the agreement.
  15. The benefit rendered by the Consumer, including the cost of delivery of the items, shall be refunded by TRANSLATORTOOLBOX.COM, not later than within 14 days from the day of the declaration of withdrawal from the agreement.
  16. TRANSLATORTOOLBOX.COM shall not be obliged to refund to the Consumer any additional costs incurred upon selecting other than the cheapest method of delivering the items.
  17. If the Consumer made the payment by a debit/credit card or an on-line transfer, the benefits shall be reimbursed to the card or the bank account from which the payment was made. In the event of making the payment by wire transfer or payment upon delivery, the benefit shall be reimbursed to the bank account designated by the Purchaser in the declaration of withdrawal from the agreement, or by a postal order.
  18. Upon the consent of the Consumer, TRANSLATORTOOLBOX.COM may refund the benefit in a method different from the method in which the Consumer made the payment, unless the Consumer is obliged to incur additional costs.
  19. TRANSLATORTOOLBOX.COM may delay the refund of the payments received from the Consumer until the items are returned, or the proof of their dispatching is provided, depending on which of the events occurs earlier.
  20. TRANSLATORTOOLBOX.COM shall not be liable for not refunding payments or delaying the time limit of refund, if the Consumer, despite a reminder demand sent to the Consumer’s e-mail, does not designate a bank account number, to which the payment shall be made, or does not provide all the information required to TRANSLATORTOOLBOX.COM to make the refund.
  21. TRANSLATORTOOLBOX.COM shall not be liable for not refunding the payment or delaying the refund, if it occurred on the account of providing inaccurate personal data by the Consumer (name, surname, address) or an inaccurate bank account number.
  22. A benefit rendered by the Purchaser, referred to in point 5 above, is understood as the price paid for the Product purchased and the costs of delivery to the Purchaser, with reservation that the costs of returning it to the Seller shall be incurred by the Purchaser.
  23. The Consumer shall not be entitled to withdraw from the agreement on the grounds designated herein, in accordance with Article 38 (3) of the Law of 30 May 2014 on Consumer’s Rights, in respect of agreements where the subject of the benefit is a non-prefabricated good, manufactured according to the specifications of the Consumer, or customized to satisfy the Consumer’s individualized needs.
  24. Complaints
  25. TRANSLATORTOOLBOX.COM shall be liable to the Purchaser under the warranty of physical or legal defects.
  26. A physical defect shall be considered a discrepancy between the item sold (the Product) and the agreement.
  27. The Product shall be deemed inconsistent with the provisions of the agreement if:
  28. a) it does not have features consistent with this type of item with respect to the purpose included in the agreement, designated, or resulting from circumstances or purpose;
  29. b) it does not have the features which the Seller guaranteed to the Purchaser by displaying a sample or a specimen;
  30. c) it does not serve the purpose about which the Purchaser notified the Seller upon the conclusion of the agreement, and the Seller did not raise reservations to such a purpose of the Product;
  31. d) it was provided to the Purchaser incomplete.
  32. If the Purchaser is the Consumer, the Seller’s guarantee shall be treated on equal terms with the public guarantee of the producer or their representative who places the item on the market in the range of their business activity, and the person who, by affixing their trade name, a trade mark or other distinctive signs on the item sold, claims to be the producer.
  33. TRANSLATORTOOLBOX.COM shall not be liable for discrepancies between the goods and the agreement, if the Purchaser was aware of the discrepancy on conclusion of the agreement.
  34. If the Purchaser is a Consumer, the Seller shall not be liable for the fact that the item sold does not have features implied in public declarations, referred to in Subclause 4, if he or she was not aware of these declarations, or by reasonable judgement, could not be aware of them or they could not have affected the Purchaser’s decision of concluding the sale agreement, or their contents had been rectified prior to the conclusion of the agreement.
  35. TRANSLATORTOOLBOX.COM shall be liable under the warranty for the physical defects which were present at the moment of passing of the risk to the Purchaser or resulted from a cause present in the item sold at the same moment.
  36. Physical differences of the Product resulting from settings of the Purchaser’s computer’s monitor, in particular, colour, shades, resolution, shall not be deemed grounds for complaints. In the event of any doubts concerning the Product (size, material, etc.), the Purchaser shall be obliged to inquire into them prior to placing an order.
  37. TRANSLATORTOOLBOX.COM shall be liable under the warranty if the physical defect is found within two years from the moment of purchase.
  38. Complaint procedure:
  39. a) The Product subjected to complaint shall be delivered to the address: Diana Jankowiak, ul. Międzyborska 21/4, 04-041 Warszawa, Poland, including the complaint report. The complaint report shall include the description of the nonconformity of the goods with the agreement and the method of handling the complaint preferred by the Purchaser: repair, replacement, price reduction, benefits refund, i.e. price, shipment costs, and return costs of the goods to the Seller. The complaint specimen form constitutes the Appendix No. 2 to these Regulations.
  40. b) The decision about acceptance or decline of the complaint, and the method of its handling shall be announced to the Purchaser via e-mail, at the latest within 14 days from the date of lodging the complaint, i.e., from the day of receipt of the delivery Product subjected to complaint by TRANSLATORTOOLBOX.COM. In the event of acceptance of the complaint, the faulty goods shall be repaired or replaced for others, of standard value. If it is not possible (for instance, due to stock exhaustion), TRANSLATORTOOLBOX.COM shall refund the equivalent of the goods’ price.
  41. The return of repaired or new goods, or refund of the money in favour of the Purchaser shall be made immediately after the day of announcing the decision to the Purchaser on the subject of the complaint.
  42. The rules of refund of a cash consideration to the Purchaser shall be governed by the provisions of Clause IX, Subclause 6-12 of these Regulations accordingly.
  43. Personal data
  44. The administrator of the personal data is Diana Jankowiak, ul. Międzyborska 21/4, 04-041 Warszawa, Poland, Tax ID No. (NIP), REGON: 146343540, e-mail: mail@dianajankowiak.pl, conducting business activity based on the entry to the Central Business Register and Information Service maintained by the Minister of Economy.
  45. Personal data shall be protected in accordance with the Law of 29 August 1997 on Protection of Personal Data i.e. (Journal of Laws of 2002, No. 101, item 926 as amended) in order to prevent third persons from access.
  46. Personal data shall be processed at TRANSLATORTOOLBOX.COM in accordance with the provisions of the Law of 19 August 1997 on Protection of Personal Data, and Articles 16-22 of the Law of 18 July 2002 on On-line Services Rendering, for purposes connected to conducting a commercial and service activity.
  47. By registering, and making a purchase without Registration, the Purchaser consents to placing their personal data in TRANSLATORTOOLBOX.COM’s database, and their processing for the purposes of the fulfillment of the agreement for Product sale. Providing personal data by the User is voluntary; however, failure to consent to their processing shall render the fulfillment of the order impossible.
  48. Personal data of the Purchaser may be passed on to entities entitled to their receipt under current regulations, and in the event of not rendering the payment for the benefit of TRANSLATORTOOLBOX.COM to entities holding in its name proceedings concerning debt collection.
  49. In the event when the Purchaser grants an additional consent, personal data shall be processed by TRANSLATORTOOLBOX.COM for the purpose of notifying about new goods, promotions and services.
  50. The Purchaser shall be entitled to access their personal data, amend them and request their deletion.

XII.          Final provisions

  1. Any disputes that may arise between the Purchaser and TRANSLATORTOOLBOX.COM shall be resolved by a relevant court in accordance with the provisions of the Law of 17 November, 1964 – the Civil Code (Journal of Laws No. 43, item 926, as amended).
  2. Provisions of the Polish law shall be applied to cases unregulated by these Regulations.
  3. The present Regulations shall come into force on December 25, 2014.
  4. TRANSLATORTOOLBOX.COM reserves the right to amend these Regulations. The amended Regulations shall be published on the page http://www.translatortoolbox.com.

 

 

(Appendix No. 1 to the Regulations of TRANSLATORTOOLBOX.COM)

SPECIMEN FORM OF WITHDRAWAL FROM THE AGREEMENT

 [Place and date]

…………………………………………………….

…………………………………………………….

…………………………………………………….

 [Name, surname, and address of Consumer]

Fax…….

E-mail……………..

 

Diana Jankowiak

  1. Międzyborska 21/4

04-041 Warszawa

Poland

 

I would like to notify you about my withdrawal from the sale agreement of the following items …………………………

–    Date of the conclusion of the agreement……………………………….

–    Name and surname of the Consumer………………………………

–    Address of the Consumer……………………………..

–    Signature of the Consumer (only applicable if the form is sent in a paper version)

 

 

 

 

 

(Appendix No. 2 to the Regulations of TRANSLATORTOOLBOX.COM)

[Place and date]

…………………………………………………….

…………………………………………………….

…………………………………………………….

[Name, surname, and address of Consumer]

 

Diana Jankowiak

  1. Międzyborska 21/4

04-041 Warszawa

Poland

 

COMPLAINT

I would like to notify you that the goods that I purchased on ……………………………… are inconsistent with the provisions of the agreement. The inconsistency lies in:

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

The inconsistency was determined on ……………………….. (date)

For this reason, based on Article 560 of § 1 of the Civil Code, I claim the good to be amended to the state consistent with the agreement by:

……………………………………………………………………………………..

           

  ________________________

 [CONSUMER’S SIGNATURE]

 

 

INSTRUCTION ABOUT WITHDRAWAL FROM THE AGREEMENT

The right to withdrawal from the agreement

  1. You are entitled to withdraw from the present agreement on convenience within 14 days.
  2. The time limit for withdrawal from the agreement shall expire after 14 days from the day on which you came into possession of the last item, or on which a third party designated by you, other than the deliverer , came into the possession of the last item.
  3. In order to exercise the right to withdraw from the agreement, you shall be obliged to notify us [Diana Jankowiak, ul. Międzyborska 21/4, 04-041 Warszawa, Poland] about your decision to withdraw from the present agreement by way of unambiguous declaration (a letter sent by post) or by sending an e-mail to shop@translatortoolbox.com.

You may use the specimen form of withdrawal from the agreement; however, it is not mandatory.

  1. In order to meet the time limit of withdrawal from the agreement, it suffices to send the information concerning exercising the right to withdrawal from the agreement to which you are entitled to, prior to the expiration of the time limit for withdrawal from the agreement.
  2. Consequences of the withdrawal from the agreement

In the event of withdrawal from the present agreement, we shall refund you all the payments obtained from you, including the cost of delivery of the items (excluding additional costs resulting from your selection of the method of delivery other than the cheapest, usual method of delivery offered by us), immediately, and in every case not later than 14 days from the day on which we were notified about your decision to withdraw from the present agreement. The payments refund shall be made via the same methods of payment as used in the initial transaction, unless explicitly agreed to a different solution; in all cases, you shall bear no costs in relation to this return. We may delay the payment refund until the receipt of the items or until the receipt of a proof of its returning, depending on which of the events takes place earlier.

  1. a) Return or transfer the item immediately to us, and in any way not later than within 14 days from the day on which you notified us about the withdrawal from this agreement. The time limit shall be deemed met if you return the item before the expiration of the time limit of 14 days.
  2. b) The direct costs of the return of the items are born by you;
  3. c) You shall be liable only for diminishing the value of the item caused by using it in a way other than it was necessary to establish the character, features, and functioning of the item.