Online shop terms and conditions of 23.03.2022.
License number granted by Legal Law Agency: dd456b46-2592-40f9-b895-dcc4bd8ab28f.

TOOTEYE - onlinestore, Terms and Conditions

determining i.a. terms of concluding contracts through the Shop, containing the most important information about the Seller, the Shop and Consumer rights.

LIST OF CONTENTS
Section 1 Definitions
Section 2 Seller’s contact details
Section 3 Technical requirements
Section 4 Purchasing at the Shop
Section 5 Payments
Section 6 Performing orders
Section 7 Right of withdrawal
Section 8 Exceptions from the right of withdrawal
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Section 12 Provisions applicable to Buyers who are not Consumers
Appendix 1: Model withdrawal form

Section 1 DEFINITIONS

Account – a free-of-charge function of the Shop (online service), regulated by separate terms and conditions, which allows the Buyer to register his/her own individual account at the Shop.
Business days – Monday through Friday with the exception of public holidays in Poland.
Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.
Consumer – any natural person who makes purchases at the Shop for purposes which are outside that person's trade, business, craft or profession.
Directive – Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.
Seller – ALBIN KAMIL POPŁAWSKI, an entrepreneur conducting a business activity under the business name BM ALBIN POPŁAWSKI, entered into the Central Register and Information on Business Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Business Activity, European Union VAT Identification Number PL9261565906, REGON no. 080219259, ul. Sucha 172, 66-004 Zielona Góra, Poland.
Shop – TOOTEYE.com - onlinestore maintained by the Seller at the address https://TOOTEYE.com directed to Buyers.
Terms and Conditions – these Terms and Conditions.

Section 2 SELLER’S CONTACT DETAILS

Postal address: ul. Sucha 172, 66-004 Zielona Góra, Poland

CONTACT DETAILS
Please send us a question using
email:"shop@TOOTEYE.com"

Our Customer Service Team is available 9:00 AM - 5:00 PM (17:00) Working Days CET

United Kingdom, London +44 2045772996
Poland, Warsaw +48 222304295
Poland, Zielona Gora +48 688383500
Poland free line +48 800003282

If you are outside Europe you can contact us:
United States, Miami +17867558172
Canada, Toronto +16478466300

Returns, complaints please send ONLY to:
TOOTEYE BM
Lubuskie, Sucha 172
Zielona Gora 66-004 Poland
Phone: +48 688383500

Our offices:
275 New North Road
Islington Suite 1618
London, N1 7AA

Sucha 172
Zielona Gora, 66-004
Poland

Via Boezio 6
Rome, 00193
Italy

Nauschgasse 4/3/2
Vienna, WI 1220
Austria

Paxlaan 10
Hoofddorp, Noord Holland 2131 PZ
Netherlands

Route de Saint-Cergue 24bis
Nyon, VD 1260
Switzerland

ORCA - Calle Gil-Vernet 54/55
Les Tapies 1
Hospitalet De L'infant, Tarragona
43890
Spain

1000 Brickell Ave
Ste 715
Miami, FL 33131
United States

329 Howe Street
Vancouver, BC V6C3N2
Canada

Founder and co-owner of TOOTEYE:
BM Poplawski Albin "Popper"
VAT: PL9261565906
Lubuskie, Sucha 172
Zielona Gora 66-004
Europe, Poland

The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.

Section 3 TECHNICAL REQUIREMENTS

A device with Internet access and web browser supporting:
- cookie files
- JavaScript
is required for the proper functioning of the Shop.
An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in subsection 1.

Section 4 PURCHASING AT THE SHOP

The prices of the products displayed at the Shop are the total prices.
The total price displayed at the Shop includes: price of the product and delivery cost – if applicable.
The Buyer first adds the chosen product to the Shop cart.
Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
The Buyer can register at the Shop, that is, set up an Account at the Shop or purchase products without registration by providing his/her data for each potential order.

Section 5 PAYMENTS

Subject to subsection 2, the following means of payment are available at the Shop:
1. a regular transfer to the Seller’s bank account;
2. by payment card:
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
3. payment platform:
  - PayPal
  - stripe.com
  - klarna.com
4. on delivery, i.e. by card or cash upon delivering the goods to the Buyer.
Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the possibility of using specific means depending on the Buyer’s country.
In case the Buyer chooses to pay for the order in advance, the payment should be made within 7 Business days from the date of concluding the contract.
The Seller declares that in the case of payment methods in which the field for entering the data necessary for processing the payment appears immediately after placing the order, payment is possible only immediately after placing the order.
By making a purchase at the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

Section 6 PERFORMING ORDERS

The Seller is obliged to deliver the product without any defects.
The time for order fulfilment is specified at the Shop.
If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the order after having received the payment.
If multiple products are ordered by the Buyer in one order, the order will be performed in the time corresponding to the product with the longest time for order fulfilment.
Where we deliver:

Country	Order Value	Cost
Albania	0,00 - 249,99 €	25€
Albania	from 250,00 €	Free
Argentina	0,00 - 299,99 €	49€
Argentina	from 300,00 €	Free
Australia	0,00 - 299,99 €	49€
Australia	from 300,00 €	Free
Austria	0,00 - 49,99 €	5€
Austria	from 50,00€	Free
Belgium	0,00 - 49,99 €	5€
Belgium	from 50,00€	Free
Brazil	0,00 - 299,99 €	49€
Brazil	from 300,00 €	Free
British Virgin Islands	0,00 - 299,99 €	49€
British Virgin Islands	from 300,00 €	Free
Bulgaria	0,00 - 49,99 €	5€
Bulgaria	from 50,00€	Free
Canada	0,00 - 299,99 €	49€
Canada	from 300,00 €	Free
Chile	0,00 - 299,99 €	49€
Chile	from 300,00 €	Free
Croatia	0,00 - 49,99 €	5€
Croatia	from 50,00€	Free
Cyprus	0,00 - 249,99 €	25€
Cyprus	from 250,00 €	Free
Czech republic	0,00 - 49,99 €	5€
Czech republic	from 50,00€	Free
Denmark	0,00 - 49,99 €	5€
Denmark	from 50,00€	Free
Dominican Republic	0,00 - 299,99 €	49€
Dominican Republic	from 300,00 €	Free
Egypt	0,00 - 299,99 €	49€
Egypt	from 300,00 €	Free
Estonia	0,00 - 49,99 €	5€
Estonia	from 50,00€	Free
Finland	0,00 - 49,99 €	5€
Finland	from 50,00€	Free
France	0,00 - 49,99 €	5€
France	from 50,00€	Free
Georgia	0,00 - 249,99 €	25€
Georgia	from 250,00 €	Free
Germany	0,00 - 49,99 €	5€
Germany	from 50,00€	Free
Gibraltar	0,00 - 249,99 €	25€
Gibraltar	from 250,00 €	Free
Great Britain	0,00 - 249,99 €	25€
Great Britain	from 250,00 €	Free
Greece	0,00 - 49,99 €	5€
Greece	from 50,00€	Free
Hungary	0,00 - 49,99 €	5€
Hungary	from 50,00€	Free
Iceland	0,00 - 249,99 €	25€
Iceland	from 250,00 €	Free
India	0,00 - 299,99 €	49€
India	from 300,00 €	Free
Ireland	0,00 - 49,99 €	5€
Ireland	from 50,00€	Free
Israel	0,00 - 299,99 €	49€
Israel	from 300,00 €	Free
Italy	0,00 - 49,99 €	5€
Italy	from 50,00€	Free
Japan	0,00 - 299,99 €	49€
Japan	from 300,00 €	Free
Kosovo	0,00 - 249,99 €	25€
Kosovo	from 250,00 €	Free
Liechtenstein	0,00 - 249,99 €	25€
Liechtenstein	from 250,00 €	Free
Lithuania	0,00 - 49,99 €	5€
Lithuania	from 50,00€	Free
Luxembourg	0,00 - 249,99 €	25€
Luxembourg	from 250,00 €	Free
Malta	0,00 - 249,99 €	25€
Malta	from 250,00 €	Free
Mexico	0,00 - 299,99 €	49€
Mexico	from 300,00 €	Free
Moldova	0,00 - 249,99 €	25€
Moldova	from 250,00 €	Free
Monaco	0,00 - 249,99 €	25€
Monaco	from 250,00 €	Free
Netherlands	0,00 - 49,99 €	5€
Netherlands	from 50,00€	Free
New Zealand	0,00 - 299,99 €	49€
New Zealand	from 300,00 €	Free
North Macedonia	0,00 - 249,99 €	25€
North Macedonia	from 250,00 €	Free
Norway	0,00 - 49,99 €	54,99€
Norway	50,00 - 299,99€	39,99€
Norway	from 300€	Free
Philippines	0,00 - 299,99 €	49€
Philippines	from 300,00 €	Free
Poland	0,00 - 49,99 €	5€
Poland	from 50,00€	Free
Portugal	0,00 - 49,99 €	5€
Portugal	from 50,00€	Free
Romania	0,00 - 49,99 €	5€
Romania	from 50,00€	Free
San Marino	0,00 - 249,99 €	25€
San Marino	from 250,00 €	Free
Serbia	0,00 - 249,99 €	25€
Serbia	from 250,00 €	Free
Slovakia	0,00 - 49,99 €	5€
Slovakia	from 50,00€	Free
Slovenia	0,00 - 49,99 €	5€
Slovenia	from 50,00€	Free
South Africa	0,00 - 299,99 €	49€
South Africa	from 300,00 €	Free
Spain	0,00 - 49,99 €	5€
Spain	from 50,00€	Free
Sweden	0,00 - 49,99 €	5€
Sweden	from 50,00€	Free
Switzerland	0,00 - 249,99 €	25€
Switzerland	from 250,00 €	Free
Turkey	0,00 - 249,99 €	25€
Turkey	from 250,00 €	Free
United States	0,00 - 299,99 €	49€
United States	from 300,00 €	Free
Vietnam	0,00 - 299,99 €	49€
Vietnam	from 300,00 €	Free

Products purchased at the Shop are delivered via a delivery company.

Section 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

A Consumer has the right to withdraw from this contract within 14 days without giving any reason, subject to section 8 of the Terms and Conditions.
The withdrawal period will expire after 14 days from the day:
1. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods – in the case of a sales contract;
2. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the last good – in the case of a contract relating to multiple goods ordered by the Consumer in one order and delivered separately.
To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section 2 of the Terms and Conditions, of his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
The Consumer may use the attached model withdrawal form, however it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Consumer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the Consumer withdraws from this contract, the Consumer will be reimbursed all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from this contract.
The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
The Consumer shall send the goods back or hand them over to the Seller to the following address: ul. Sucha 172, 66-004 Zielona Góra, Poland without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from this contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
The Consumer will bear the direct cost of returning the goods.
The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the good.
If the goods, by their nature, cannot normally be returned by post, the Consumer will have to bear the direct cost of returning the goods as well. The Consumer will be given the information about estimated cost in the description of the good at the Shop or during the process of placing the order.
If the funds from a transaction made by a payment card have to be returned, the Seller will make the refund to the bank account assigned to that payment card.

Section 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
1. the supply of goods made to the Consumer’s specifications or clearly personalised;
2. the supply of goods which are liable to deteriorate or expire rapidly;
3. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
5. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
6. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
7. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.

Section 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
If any additional guarantee was provided for the product, the information about it and about its conditions is available at the Shop.
Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
Unless otherwise specified in this section (regarding complaints), the Seller will review the complaint within the period of 30 days – subject to section 11(3) of the Terms and Conditions.

II CONSUMERS

Goods
1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time - subject to section 11(3) of the Terms and Conditions.
2. In the case of a lack of conformity of the good, the Consumer can - on the principles laid down in the Directive:
  1. demand a replacement;
  2. demand a repair.
3. In addition, the Consumer may - on the principles laid down in the Directive:
  1. make a statement to the Seller expressing the decision to terminate the contract;
  2. claim a price reduction
  in a situation when:
  - the Seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3) of the Directive, or the Seller has refused to bring the goods into conformity in accordance with Article 13(3) of the Directive;
  - a lack of conformity appears despite the Seller having attempted to bring the goods into conformity;
  - the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or
  - the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the Consumer.
4. The Consumer shall not be entitled to terminate the contract on the basis of this section (regarding goods) if the lack of conformity is only minor.
5. Where the lack of conformity of the goods with the contract is to be remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Seller. The Seller shall take back the replaced goods at the Seller’s expense.
6. In the event of termination of the contract for the purchase of goods by the Consumer, the Consumer shall return the goods to the Seller without undue delay at Seller’s expense, to the address ul. Sucha 172, 66-004 Zielona Góra, Poland. The Seller shall reimburse to the Consumer the price paid for the goods without undue delay, but not later than within 14 days of receipt of goods or evidence provided by the Consumer of having sent back the goods - subject to section 11(3) of the Terms and Conditions.
7. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to price reduction without undue delay, but not later than within 14 days from the day on which the Consumer communicates his/her price reduction claim to the Seller - subject to section 11(3) of the Terms and Conditions.
Out-of-court complaint and redress mechanism
1. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
  1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default. A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
  2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
2. Furthermore, the following support options are available in the Republic of Poland:
  1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
  2. assistance of the locally competent permanent Consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
  3. free-of-charge assistance of the municipal or poviat consumer advocate.

III BUYERS WHO ARE NOT CONSUMERS

For the avoidance of doubt, the Seller points out that in case of complaints, section 12(2) shall apply to the Seller’s liability in relation to the Buyer who is not a Consumer.

Section 10 PERSONAL DATA

Controller of personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
The objective of processing Buyer’s data by the Seller provided by the Buyer in relation to shopping in the Shop is to fulfil orders. The basis for processing personal data in this case is:
- a contract or actions taken at the request of the Buyer in order to conclude the contract (point (b) of Article 6(1) of the GDPR),
- the Seller’s legal obligation related to accounting (point (c) of Article 6(1) of the GDPR), and
- the Seller’s legitimate interest consisting in processing data in order to determine, exercise or defend any possible claims (point (f) of Article 6(1) of the GDPR).
The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide such data will make it impossible to conclude the contract in the Shop.
The Buyer's data provided in connection with shopping in the Shop will be processed until:
1. the contract concluded by and between the Buyer and the Seller expires;
2. the Seller ceases to be bound by the legal obligation that obligates the Seller to process Buyer’s data;
3. the Buyer or the Seller ceases to be able to exercise claims related to the contract concluded by the Shop;
4. the Buyer's objection to the processing of their personal data is accepted – if the processing was based on the legitimate interest of the Seller
– depending on what is applicable in a given case and what happens latest.
The Buyer has the right to request:
1. access to their personal data,
2. their rectification,
3. their deletion,
4. restriction of processing,
5. transfer of data to another controller
  and the right to:
6. object to processing of data at any time on grounds relating to a specific situation of the Buyer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the controller).
In order to exercise his/her rights, the Buyer should contact the Seller using data indicated in section 2 of the Terms and Conditions.
If the Buyer considers that their data is processed illegally, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

Section 11 RESTRICTIONS

The Buyer is forbidden to provide content of illegal nature.
Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
Any contract concluded on the basis of the Terms and Conditions is governed by the provisions of the Polish law, unless it waives or restricts the right of protection given to the Consumer by mandatory provisions of law that would be applicable if it weren’t for the choice of law. In these cases the provisions most favourable to the Consumer shall prevail.
The contracts concluded through the Shop are concluded in English.
No regulation of the present Terms and Conditions waives or restricts in any way the Consumer rights imposed by the provisions of law.

Section 12 PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS

No other entity than the Consumer has the right of withdrawal from distance contract mentioned in section 7 of the Terms and Conditions.
Any liability of the Seller towards the Buyer who is not a Consumer, within the limits permitted by law, is excluded.
Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.

Appendix 1. to Terms and Conditions

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

BM ALBIN POPŁAWSKI
ul. Sucha 172, 66-004 Zielona Góra, Poland
e-mail: shop@TOOTEYE.com

- I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

– Ordered on^(*)/received on^(*)

..............................................................................................................................................................................

– Name of Consumer(s):

..............................................................................................................................................................................

– Address of Consumer(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of Consumer(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.