Terms of Service

I INTRODUCTION

Macaroni Tomato Sp. z o.o. with its headquarters at Górnośląska 29, 00-432 Warsaw, Poland, entered into the Registry of Entrepreneurs maintained by the National Court Register with the number: KRS 0000418542, enables purchase of goods using an electronic means (Internet) – under the following web address: macaronitomato.com (store).
The Personal Data Controller is Macaroni Tomato Macaroni Tomato Sp. z o.o. with its headquarters at Górnośląska 29, 00-432 Warsaw, Poland
These Regulations are binding for all users of the MACARONI TOMATO Store and sets forth the rules for user registration, usage of a store account, electronic reservation of goods available in the store, placing orders and conclusion of sale agreements.
Access to these Regulations is available to every user at any time by clicking the “Regulations” link available at the store webpage.
Information about the goods available in the store, including among others prices, is considered an invitation to conclude a sales agreement as set forth in Art. 71 of the Civil Code, in accordance with the provisions of the Regulations.
The goods available in the store are described in a detailed way. The web store includes detailed information about the properties of a given product, its price, material, etc.
The photographs and presentation of the products should be understood as exemplary and serve as presentation of the indicated products.

II USE OF THE WEB STORE AND CONCLUSION OF THE SALE AGREEMENT

The Store, using the electronic network, enables the purchasing of goods offered by the Store.
The sale agreement is concluded between the User of the Store (the Client) and Macaroni Tomato Sp. z o.o. with its headquarters in Poland, Warsaw.
Recording, securing and making available the material provisions of the agreements concluded through means of distance communication is realized by printing and providing the Client with a proof of purchase (a receipt or VAT invoice) or the specification of the goods purchased, with the delivery of the products. Agreements concluded through means of distance communications are covered by provision of the Act on Protection of Consumer Rights and Liability for Damage Caused by Dangerous Products, dated 2nd March 2000, as well as the provisions of other legal acts.
Reading and accepting these Regulations is required for the User to use the Store.
The information included in the Form should be truthful, current and precise. Macaroni Tomato Sp. z o.o. reserves the right to refuse to realize an order in cases where the data provided is inaccurate to such a degree as to render the realization of the agreement impossible, in specificity if they make realization of delivery impossible. Before refusing to realize an order, Macaroni Tomato Sp. z o.o. shall attempt to contact the Client in order to ensure the accuracy required to realize the order.
The Store undertakes all the possible and required technical and organizational measures in order to protect the Personal Data of the Clients, in specificity, to avoid the User registration data being accessed and modified by unauthorised persons.
The User who has utilized the Store is obliged to:

Avoid providing and transferring information prohibited by law;
Use the Store in a manner that does not interfere in the operation of the Store;
Avoid sending and placing unsolicited marketing information within the Store;
Use the store in a manner that does not interfere with the actions of other Clients and the Store Administrator;
Use the information presented in the Store for his or her own use;
Use the store in a manner consistent with the laws of the European Union and the provisions of the Regulations.

III CONCLUSION OF A SALE AGREEMENT

In order to conclude a sale agreement, the User should place an order in any of the available ways:

on the Website (online)

The Store accepts orders placed online 24 hours per day, seven days per week. Orders placed on bank holidays shall be realized on the first working day following the day on which the order was placed.
The Client may place an order without having first registered with the Store (i.e. purchase without registration).
For an Order to be accepted, all fields in the Order Form needed for shipment or generation of a VAT invoice or a fiscal receipt, must be filled.
To place an Order, products must be added to the shopping basket in a given size, colour and quantity. The products must be available.
Until the selection of products is confirmed, using the button “Confirm Place Order” (or “Continue” after the payment option was selected), the Client may introduce changes and modify the content of the Order, the shipment details or the invoice details.
When the Client clicks the “Confirm Place Order” or “Continue” (after selecting the payment option), this constitutes an offer placed by the Client for Macaroni Tomato Sp. z o.o. in relation to a Sales Agreement, in accordance with the provisions of the Regulations.
After the Client places an order, he or she will receive a notification on the webpage and via e-mail, including information about the items in the Order, the amount of products, the value of the Order, the selected delivery and payment options, the realization time and the address data of the Client. This notification constitutes confirmation that the Store has received the purchase offer from the Client.
The Client receives confirmation of acceptance of his or her electronic Offer (confirmation that the Order was accepted for realization) to the indicated e-mail address. After this confirmation is received, the Sale Agreement for the goods ordered by the Client is concluded.
The Sale Agreement is concluded in English, with its content being in line with the provisions of these Regulations.
The Store reserves the right to refuse to realize an Order within a given Sale Agreement in the following cases: (1) when the address data of the Buyer are so inaccurate as to make the delivery of goods impossible; (2) the transaction was not authorised in the electronic payment system; or, (3) the payment for the Order has not been realized in a period of 2 working days from the day on which it was placed.

IV DELIVERY AND COLLECTION

The realization period included in the summary of the Order is the most probable time needed to prepare the Order for shipment. In exceptional situations the realization time is confirmed by an employee who shall contact the Client, with exception for the provisions of Para 2 below.
The products are delivered to the indicated address by the chosen shipment company. The expected delivery time with the chosen courier service is 2-5 working days, starting from the first day after the delivery was shipped. The total and maximum realization period should not exceed 7 working days and, in no case, 20 days from the day on which the Sale Agreement was concluded. If the Client selected web pre-payment as the payment option, the beginning of realization of an Order may be delayed until the payment for the goods and the shipment is recorded on the Store’s bank account.
When selecting the delivery options, the costs of delivery are given during the Order placement process. The cost of shipment is borne by the client, of which he or she is informed before accepting the Order. Every shipment is accompanied by a proof of purchase (receipt or a VAT invoice), and a document with the specification of the Order.
During the collection of the courier, the Client should check the status of the external packaging in the presence of the courier. If the external packaging is damaged, the Client should create a Damages Report together with the courier in two identical copies, signed by the Recipient and the courier.

V PRICES AND PAYMENT METHODS

Information on the purchase price in the Store, given in the Store, has a binding character – as understood by the Act on Protection of Consumer Rights and Liability for Damage Caused by Dangerous Products dated 2nd March 2000 – from the moment in which the Client receives confirmation of the fact that his or her purchase Order was accepted (the information shall include the final confirmation of all material elements of the Order for the amounts indicated in the order), until the end of realization of the Order. The above-mentioned price shall not be changed, regardless of any changes in the Store prices that may be introduced after the confirmation of the Order in the second email.
The prices of products given in the Store are presented in Euros and include VAT.

The Client may pay the price for the selected products in the following way:

using electronic payment realized in a chosen payment system before delivery. In case the Client choses pre-payment as the payment option, lack of payment to the bank account of Macaroni Tomato Sp. z o.o. or to the bank account of other entities taking part in the transaction (e.g. PayU.pl) in a period of 2 days from the day on which the Order was placed, shall result in cancellation of the Order. In such a situation, the Order may be repeated, using a different payment option. The realization of an order payable by a banking transfer or a credit card begins when the payment for the Order is received.

Macaroni Tomato Sp. z o.o. reserves the right to: change the prices of goods available in the internet Store, to introduce new products for sale, to organize and end promotional campaigns in the store, or to change the said campaigns in accordance with the provisions of the Civil Code and other legal acts, whereas such changes may not infringe upon the rights of persons who have concluded sale agreements offered by the Store before introducing such changes or rights of persons entitled to use a given promotion in accordance with its rules and during the period of the promotion.

VI WARRANTY, COMPLAINTS AND RETURNS

The Products offered in the Store are brand new and original.
Macaroni Tomato Sp. z o.o. is responsible towards the Client, who is considered to be a Consumer as defined in Art. 221 of the Civil Code, for non-compliance of the Products purchased by that Consumer, as described in the Act on Specific Terms and Conditions of Consumer Sale and Amending the Civil Code dated 27 July 2002, and other applicable provisions.
Macaroni Tomato Sp. z o.o. undertakes activities aimed at maintaining proper functioning of the Store, as far as advised by the current technical knowledge, and undertakes to remove all irregularities indicated by Users in reasonable time.
The client may report any irregularities or delays in the functioning of the Store via email, phone or the Contact Form.
Every product purchased in the Store may be subject to a complaint procedure, in accordance with the complaint terms and conditions, as set forth in the applicable legal regulations, if it contains fault resulting in its non-conformity with the concluded Sale Agreement. The complaint may be placed via postal mail by sending the products along the Complaint Form downloaded from the Store webpage and the proof of purchase, via a registered letter or a different form of shipment to the following address: Macaroni Tomato, ul. Rozbrat 22, 00-447 Warsaw, Poland; with the following comment: “E-Store Complaint”. The Client shall receive information on the resolution of the Complaint procedure in a period of 14 days from the day on which the Store received the shipment that included the products. In the case of positive resolution of a complaint send via postal mail, Macaroni Tomato Sp. z o.o. shall immediately send a full-value product (repaired or replaced) to the Client’s address. These new or repaired products shall be sent no later than 14 days from the day on which the faulty products were received by Macaroni Tomato Sp. z o.o. If sending of new/repaired products is impossible (e.g. no such products in stock), the Store shall reimburse the full cost borne by the Client.
In case a Complaint is assessed negatively, the products shall be returned to the Client with a justification.
In case the Client discovers that the goods were damaged in transport, it is recommended that the Client fill out a Damages Form in the presence of the courier.
The Client may withdraw from the Sale Agreement without justification in a period of 30 days after receiving the goods and to return the goods in the shortest possible time to the store. In order to withdraw from the Sale Agreement in relation to a given product, the Client is required to file a Statement on his or her withdrawal from the Sale Agreement (possibly using the provided Form) and next sent the goods (in their unchanged state) to the Store at the sole cost and risk of the Client. The shipment must contain a document to confirm that the period of 30 days have been met in relation to the returned products (e.g. receipt/VAT invoice). The money will be transferred back in a period of 7 days.

VII OTHER PROVISIONS

The Personal Data provided by the Clients during registration are processed by Macaroni Tomato Sp. z o.o. exclusively for the realization of the Orders, and they can be also processed for marketing purposes if the Client provides his or her consent in a separate statement. The Client is entitled to supplement, update and correct his or her Personal Data; to temporarily or permanently revoke his or her consent to the processing of the Personal Data; or to request the erasure of the Data if the said Data are incomplete, invalid, incorrect or have been collected in an illegal way or are no longer necessary for the realization of the goal for which they have been collected; as well as the right to object to the processing of data for marketing purposes.
Lack of consent to the provisions of these Regulations makes it impossible to purchase products offered by the Store. The Store shall enable the Client to read the Regulations when the Order is placed. Clients who have an account in the Store shall be informed about any changes to these Regulations via e-mail. Any Client who does not consent to the changes introduced to the Regulations may delete his or her account at any time.
The sale of Products in the Store is covered by Polish law. The Agreement is concluded in English.
In all cases not covered by these Regulations, the provisions of the Civil Code shall apply as well as provisions of other legal acts applicable to the functioning and operation of the Store.
The court proper for resolution of all disputes is the court competent for the Sellers headquarters.
Macaroni Tomato Sp. z o.o. reserves the right to change these Regulations at any time. Changes in the Regulations shall become binding after 7 days from the day on which they have been published on the webpage of the Store. Changes in the Regulations shall apply to purchases realized after a given change to the Regulations was made, subject to the provisions of Paragraph 2 above.
Macaroni Tomato Sp. z o.o. reserves right: to introduce changes in prices and quantities of goods available at the Store during the day; to remove or introduce individual products to the Store; to realize and end promotional actions in the Store as well as to modify said promotional actions; whereas such actions shall not infringe on the rights of persons who have concluded Sale agreements before the said changes were introduced.
All the trademarks and company names used in the Store are property of their respective owners and are used only for informational purposes.
Vouchers purchased in the brick and mortar stores as well as online are valid for 6 months, starting on the day on which they were purchased.