REGULATIONS FOR THE
PROVISION OF ELECTRONIC
SERVICES AT "TOYA" S.A.
1. Definitions of terms used in the Regulations:
a) Act – Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2020 item 344 as amended),
b) ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the end device appropriate for a given type of network within the meaning of the telecommunications law,
c) Services provided electronically – provision of the service, which takes place by sending and receiving data using ICT systems, at the individual request of the Customer, without the simultaneous presence of the parties, while the data is transmitted via public networks within the meaning of the telecommunications law,
d) Means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular electronic mail,
e) Service Provider – "TOYA" S.A. with its registered office in Wrocław at 13-15 Sołtysowicka Street, 51-168 Wrocław, entered into the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000066712, with a share capital of PLN 7,504,222.60 fully paid up, with NIP number: 8951686107, REGON: 932093253,
f) Recipient – an entity using the services of the Service Provider who is a party to the agreement on the provision of services being a natural person, a legal person or an organizational unit without legal personality, which undertakes to comply with these regulations. The Service Recipient is also an entity that will order the provision of specific services by electronic means on the terms specified below,
g) Technical specification – a collection of information about the Service Provider's ICT system and technical requirements necessary to support this system,
h) Regulations – these Regulations for the provision of electronic services.
- By ordering the service, the Service Recipient confirms that he/she has read its description, the terms and conditions of its provision by the Service Provider and the Regulations and declares that he/she accepts all the provisions of the Regulations.
Types and scope of electronically supplied services
- The Service Provider provides services electronically, in particular:
b) Contact form,
c) Customer account at the online store,
d) YATO Premium service,
e) TOYA B2B platform,
f) Complaint form,
g) Employment application form.
- The Service Provider also provides services on the basis of separate agreements, the subject of which is the provision of services by electronic means.
Conditions for the provision of electronic services
- The Service Provider provides services to the Service Recipient in the scope and under the conditions specified in these Regulations or an individual offer, if such has been submitted and accepted by the Service Recipient.
- The Service Recipient undertakes to comply with these Regulations.
- The Service Recipient is obliged to comply with the prohibition of misuse of electronic means of communication and failure to provide the following content by or to the Service Provider's ICT systems:
a) causing disturbance of work or overloading the ICT systems of the Service Provider or other entities directly or indirectly involved in the provision of electronic services,
b) violating the rights of third parties, generally accepted social standards or inconsistent with generally applicable law.
- The Customer has the right to demand access to the full functionality of the services at any time, except for the time needed for modernization, updating, maintenance or other random events. The Service Provider undertakes to carry out service works at the least burdensome times for Users.
- The Service Provider shall inform the User about any planned interruption in access to the services provided in advance via the website.
- The Service Provider provides the Service Recipients with the secret of communication, the so-called "telecommunication secrecy", which includes information provided on the public Internet, data concerning Service Recipients and entered by the Service Recipients only within the Service Provider's ICT system and only if the information covered by the "telecommunication secrecy" is not disclosed in principle or its disclosure is not necessary for the proper provision of the service to which it relates. Information covered by "telecommunications secrecy" may only be disclosed in cases specified by contract or by law.
- Information covered by "telecommunications secrecy" may be processed by the Service Provider only if its processing is the subject of a service provided to the Service Recipients, it is necessary for its proper performance or supervision over the proper functioning of the Service Provider's ICT system.
- Access to information about changes in the manner and scope of providing services by the Service Provider and to information whose requirement to provide the Service Recipient resulting from art. 6 of the Act on the provision of services by electronic means, the Service Provider will implement via the website and/or via an electronic bulletin.
- Detailed technical requirements necessary to cooperate with the IT system of the Service Provider constitute Appendix 1.
Conditions for the conclusion and termination of contracts
- The Service Provider undertakes to commence the provision of services no later than within 3 working days from the date of conclusion of the contract or 3 working days from the moment of registration on the Service Provider's website.
- Promotional or commercial information is considered to be ordered if the Service Recipient has agreed to receive such information by registering it in the Service Provider's IT system, in particular by providing an electronic address identifying it for this purpose.
- The Service Recipient may at any time resign from receiving offers or modify its settings via the website or by direct contact by email or telephone.
- The resignation referred to in item 3 is equivalent to the termination of the contract for the provision of electronic services.
- Complaints may be submitted for:
a) failure to meet the deadline specified in the agreement for the commencement of the provision of services to the Service Recipient, due to the fault of the Service Provider,
b) non-performance, improper performance of services or defective settlement thereof.
- The complaint must be in writing under pain of nullity.
- A complaint may be submitted within 30 days from the date on which the service was performed or was to be performed.
- A complaint regarding non-performance or improper performance of the service must contain, in particular, its subject and the circumstances justifying it.
- The Service Provider shall consider complaints within 14 days from the date of its submission.
- In the event of a breach of the terms of the complaint procedure, the complaint may not be accepted.
Transitional and final provisions
- In matters not covered by these Regulations, the provisions of the Civil Code (Journal 1360, as amended), the Act on the provision of electronic services and other provisions of generally applicable law.
- The competent court for resolving disputes arising from these Regulations is the common court with jurisdiction over the registered office of the Service Provider, except when the Customer is a consumer.
Appendix No. 1
Technical requirements for using the services provided electronically by the Service Provider:
Internet connection: 1 Mbit/s
Device (computer, laptop, smartphone) that meets the minimum requirements of a web browser compliant with W3C standards
W3C compliant web browser
Preferred browser: Chrome, Firefox
Sound card: no
Preferred operation system: MS Windows, Mac OS X