The following Terms of Use govern the rules of purchasing from the online store found at tomanidesign.com.

The online store manager is Tomani Designe Ltd, whose business site is located in Chwaszczyno, and who is the sole proprietor and manager of this online store.

The following Terms of Use apply to the Seller and all Customers ordering from and making purchases at tomanidesign.com

Online store:

1. Preliminary provisions

1.1 Definitions
1) Terms of use – the following Terms of Use set forth the rules governing purchases made at tomanidesign.com online store.
2) Store – online store found at tomanidesign.com
3) Seller – Tomani Designe Ltd with the business site located in Chwaszczyno 80-209, ul. Oliwska 135 /3
Tax Identification Number (NIP) NIP: 5892103372, KRS: 0001183436, Company Registration Number (REGON): 54222262, phone number 0537071609, e-mail address: tomanidesigninfo@gmail.com
4) Customer – a legal person, a natural person, a business entity not being a legal entity, who has successfully registered their account at tomanidesign.com
You can log in with credentials to buy a product or place an order without creating an account.
5) Product/Products – artistic, nonstandard jewellery items, made by Aniela Dublaszewska and Tomasz Jarlinski
6) Proper law – the proper law for obligations arising from the concluded sale agreements of Products is the Polish rules of law. In case of contracts agreed with Customers of non-Polish residence the proper law governing the contracts will conform with the European Parliament and the Council of the European Union regulation (WE) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Polish Journal of Laws UE L 177 of 4 July 2008) and the decisions of these Terms of Use are in accordance with the European Parliament and the Council of the European Union directive 97/7/WE of 20 May 1997 on the protection of consumers in respect of distance contracts (Polish Journal of Laws WE L 144 of 4 June 1997);
7) Legal provisions – The Civil Code Act of 23 April 1964 (Polish Journal of Laws of 1964 no. 16 item 93 as amended), 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code (Polish Journal of Laws of 2002, no 141, item 1176 as amended); 2 March 2000 Act on protection of certain consumer rights and liability for damage caused by a hazardous product (Polish Journal of Laws of 2000, no. 22, item 271 as amended), 29 August 1997 Personal Data Protection Act (consolidated text: Polish Journal of Laws of 2002r., no. 101, item 926 as amended).

1.2 Product information
All items offered in the online store are new, protected by copyright, and made in accordance with Aniela Dublaszewska's own designs.

All products are handmade, combining new, unusual, and unthought-of materials for the jewellery world with traditional craftsmanship and non-standard technologies and forms.

Products are made in unique designs and in limited and unlimited series, primarily from precious metals, amber, pearls, and semi-precious stones.

Some Products might be made from recycled materials.

Bearing in mind that Products are handmade and that sometimes non-standard materials are used in their production, the Seller reserves the right to produce items with slightly different final appearances within a limited series.

Please be aware that some images of Products displayed on the website may differ slightly from those delivered to the Customer; however, such minor differences between Products of the same series result from specific production methods or materials.

The Seller reserves the right to display on the website photographs of Products in slightly different colours from the original.

Photographs and other forms of visualisation and presentation of Products on this website do not reflect the actual size of the Products and are for illustrative purposes only.

The Seller informs that Products – due to their hand-made nature, vulnerability and fragility of the used materials, should be worn solely in accordance with their stated function and stored appropriately to their properties. Products must not be worn while doing housework in order not to cause any mechanical or chemical damage to them, nor washed, cleaned with chemicals, nor come into contact with alcohol, caustic agents, dissolvents, colourants, or discolouring clothes (e.g. denim). Bearing in mind the fact that Products are made from non-standard materials, the Seller forbids any contact of Products with water (e.g. no bathing).

Any complaints filed by the Customer arising from the Customer's unawareness of the Products’ specific characteristics, as mentioned above, or from failure to comply with the rules for handling Products outlined in the Terms of Use will not be addressed by the Seller.

1.3 Price
All prices of Products offered in the Store are quoted in Euros.

The quoted prices include the statutory Value Added Tax but do not include a delivery charge. All prices may be subject to change, and the Seller reserves the right to organise (hold, modify and cancel) promotional actions in the Store.

The price displayed next to the Product at the time of purchase by the Customer will govern the sale and be binding for both parties of the sale agreement.

1.4 Promotions
Promotion means the sale of Products on terms that are more favourable than standard terms in the Store.

No promotions offered in the Store may be combined with any other promotion offered by the Seller. The Customer is entitled to only one promotion at a time unless the promotion regulations provide otherwise, for example, by permitting the combination of multiple promotions.

2. Registration and login
To place orders for the Products at the Store, the Customer may register (complete the registration form), which entails signing up. Upon registration, the Customer is provided with a login and may choose a password. The Customer may place an order without registering.

By submitting a registration or placing an order at the Store without registration, the Customer accepts the Terms of Use.

3. Placing orders
The Seller sells Products at the Store by using the Internet.

The website and the information regarding Products available from the online Store do not constitute an offer as provided for by the Civil Code and should be treated only as an invitation to enter into a sale agreement.
To purchase the Product, the Customer makes a purchase offer by completing the order form.

The Product sales agreement is considered effective on the date the Seller sends an e-mail to the Customer confirming the shipment of the ordered Product.
Once the Customer has placed an order, if the Customer has provided the Seller with his e-mail address in the registration form, the Customer will receive the order confirmation.

Please note that, due to the unique nature of the Products or the materials from which they are made, the Seller reserves the right to reject the order, limit the method of payment, or require prepayment by the Customer.

4. Order change or cancellation
The Seller allows the Customer to make changes to the order only before sending an email to the Customer’s email address confirming the dispatch of a Product. Until the Seller has sent the abovementioned e-mail, the Customer may also cancel the placed order.

5. Order fulfilment time
Order processing may take up to 7 working days.

The Seller processes orders within the specified lead times; however, orders placed after 4 pm on a working day, or on non-working days (Saturdays, Sundays, holidays), will be handled as orders made on the next working day. Since that day, lead time will be calculated.

In exceptional cases, e.g., when the ordered Product is not available from the Store, the Seller may have extended lead times, and the Customer should be notified of this in the email confirming order processing. In this case, if the Customer makes no changes or cancellations within two working days of receiving the Seller's e-mail, it will constitute acceptance of the extended lead times, based on the Seller’s predictions.

Working days are defined as weekdays, excluding non-working days (holidays).
The ordered Product will be dispatched from the Seller by a courier or Polish Post.

Product delivery charges are to be borne by the Customer.

Product delivery charges vary by destination country.

The Seller reserves the right to adjust the delivery charge for a particular order based on the order value, the number of Products, the type of Product requiring special packaging, and similar factors.
Product delivery charges to locations outside Poland, as well as final delivery costs within Poland, will be specified by the Seller in the e-mail confirming the order.

The Seller bears no responsibility for delivery delays arising from causes beyond its control and not attributable to it. If the Seller possesses information regarding the reason, it will notify the Customer immediately and provide the Customer with the estimated delivery time.

6. Methods of payment
The Store accepts the following methods of payment:

Credit card/e-transfer – payment processed in real time following the methods of payment as displayed by the Store, directly by the Seller or the entity acting on commission of the Seller.

Bank transfer Account number

7. Bills, invoices, and sale agreement confirmations
All sales transactions for Products made at the Store are accompanied by proof of sale, in the form of a receipt or a VAT invoice.

A VAT invoice may be issued if specifically requested by the Customer when placing an order, or no later than seven days after receipt of the Product (if the invoice concerns a sale already registered by a cash register, the Customer must return the purchase receipt to the Seller together with a copy of the invoice).

The Seller issues a VAT invoice upon receiving all necessary data from the Customer. Failure by the Seller to provide all essential data for invoice completion within seven days of the Product's delivery will relieve the Seller of the obligation to issue the invoice.

Pursuant to 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code regarding the sale of Product at the price exceeding PLN 2000 (two thousand) the Seller will inform the Customer (natural person, buying the Product for reasons unrelated to business or professional activity) in writing about all important decisions of the concluded Product sale agreement. This information will be delivered by the Seller to the Customer together with the purchased Product.

Pursuant to Article 5 of Directive 97/7/WE of the European Parliament and the Council of 20 May 1997 on the Protection of Consumers in respect of Distance Contracts (OJ WE L 144 of 04 June 1997) if the Customer purchasing Products resides in a European Union country other than the Republic of Poland the Seller will additionally provide the Customer with written information on conditions and procedures regarding rescission of the agreement at the latest on the day of Product delivery.

8. Damaged shipment
Before signing the delivery receipt, the Customer is required to inspect the shipment for any damage to the outer box during transit and to verify that the shipment has not been opened (e.g., protective tape has been removed).

Suppose the shipment box appears to be damaged or open. In that case, the Customer should refuse to accept the shipment, file for an insurance claim, and immediately notify the Store of receipt of the damaged or non-conforming product. Otherwise, the Product will be considered delivered to the Customer free of any faults.

The Customer's inspection of the shipment upon arrival is crucial to the acceptance of any claims for damage or theft of the consignment or its parts during transportation.

Suppose the Customer accepts the shipment notwithstanding its damage, and the received Product is affected by mechanical damage of external origin. In that case, the Customer may not claim statutory warranty or warranty service.

9. Rescission of the sale agreement and return of Product
In accordance with Art. 7 of the Act on the protection of certain consumer rights and liability for damage caused by a hazardous product, the Customer may cancel the sale agreement without providing reasons.

To cancel the sale agreement, the Customer should provide the Seller with a written notice of rescission no later than 14 (fourteen) days from the date of Product receipt. The notice of sale agreement rescission must be sent to the postal address of the Seller’s business site. If the sale agreement is cancelled, the contract is deemed null and void. The Seller will provide the Customer with a full refund of the purchase price, and the Customer will return the Product, which has not been used in any way and shows no signs of wear.

The Product should be returned immediately upon receipt of the notice of rescission of the sale agreement, and in any event, no later than 14 days after the Customer has cancelled the order.

The returned Product will be accepted by the Seller only if it is sent in the original packaging, including all contents (Product, label, receipt, invoice, etc.), and shows no signs of use or alteration.

If the Product is made with the use of gemstones, pearls or other precious materials, the return to the Seller and its acceptance will be possible only after an expert’s opinion regarding the authenticity of the gemstones, as mentioned earlier, pearls, etc., has been obtained.

The abovementioned return of Product is made at the expense of the Customer (as a registered shipment at the price quoted by Polish Post).

The Seller does not accept COD shipments.

In the notice of rescission of the product sale agreement, the Customer must provide the Seller with the bank account number, and the Seller will refund the Customer for the amount paid and the costs incurred for the product return.

Failure to provide the Seller with the bank account number will result in the Seller transferring the due amount to the same bank account, which was charged at the time of purchase, in case of bank transfer, or by postal money transfer to the Customer’s postal address (as indicated in the registration form) – in remaining cases.

The Customer will be refunded within fourteen days of the date of rescission of the sale agreement and receipt of the Product by the Seller.

In the event of the Customer's rescission of the Product sale agreement, the Seller must confirm in writing the return of the Product.

10. Complaints

The Customer may complain about the Product within 1 year from the date of purchase, and the faulty Product must accompany the complaint. The Customer may exercise their rights under statutory warranty by sending written notice to the Seller’s principal place of business.

The complaint must be accompanied by the faulty Product, a description of the fault, and a copy of the receipt or VAT invoice as proof of purchase. For the abovementioned purpose, the Customer may use the complaint form template attached as Annexe 1 to these Terms of Use.

The Customer, who is a natural person and purchases the Product for reasons unrelated to business or professional activity, loses the right to file a complaint if they do not notify the Seller of the defect within two months of becoming aware of it.

The delivery of a faulty Product is at the Customer’s expense.

The Seller will handle the complaint within 14 days of receiving the faulty Product from the Customer. 

In the event of a defect in a Product that is found by the Seller to be attributable to the Seller (who is also the producer of Products), the Product will be repaired and shipped to the Customer at Seller’s expense.

In the event of a defect in a Product that the Seller finds not to be attributable to the Seller (when the defect results from Customer’s misuse of Product, including but not limited to its storage causing mechanical defects, scratches or changes to the shape or structure, or force majeure) the Seller will notify the Customer about the predicted costs of Product’s repair.

11. Privacy policy
By registering with the Store and providing data in the registration form for order placement, possible claim settlements, and information and marketing purposes (such as presenting offers of products sold at the Store), the Customer expressly agrees to have their data stored and processed.

The gathered data is not processed or used for any other purpose by the Seller.

The Store processes customers’ data fairly and lawfully.

The Store does not transmit, sell, or share the Customer’s personal data to other parties.

Pursuant to the Personal Data Protection Act, the Customer has the right to access, amend their personal data, delete it, or request that processing of their personal data be ceased. The Customer may agree to receive e-mail information regarding the Seller’s offer as well as her business and creative activities.

12. Final provisions
The Seller is entitled to transfer, in whole or in part, all or any of her rights and obligations relating to Store management without the Customer’s consent.

Any comments and notes regarding the functioning of the Store, the breach of Terms of Use, offers of Products, accuracy of provided data or any other noted misstatement, as well as any other statements and applications to the Seller, need to be sent to the Seller’s e-mail address.

The Seller reserves the right to amend the Terms of Use at her discretion.

All amendments become binding upon publication on the Store’s website.

Amendments to the Terms of Use do not affect the Customer’s rights and obligations related to orders that the Store has already accepted.

Customers agree to review the Terms of Use periodically for any changes or additions. By logging in to the site, the Customer accepts the binding version of the Terms of Use at the time.

If the Customer refuses to accept the changes to the Terms of Use, the Customer must refrain from further logging in and notify the Seller of this decision. Non-acceptance of the changes to the Terms of Use results in the Customer’s account being removed from the site.

The Seller and the Customer contracting the sale of Products will use their best efforts to resolve any dispute arising from these Terms of Use, as well as the contents and performance of the sale agreements for Products, amicably. However, if the parties cannot resolve their dispute amicably, the matter should be submitted to the court of competent jurisdiction in Zuko for arbitration.

The applicable laws and regulations of the Republic of Poland will govern matters not governed by these Terms of Use.