These Terms of Use set out the rules for the provision of services to Users via the Platform by Tovoda sp. z o.o. with its registered office in Habdzin (05-520) at Habdzin 73A, NIP: 1231582623, REGON: 54200484000000, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0001178886, with a share capital of PLN 6,000, fully paid up.
The Terms of Use apply to all entities using the Platform.
Commencing use of the Platform and the Services means acceptance of the provisions of these Terms of Use and an undertaking to comply with them.
For the purposes of these Terms of Use, the following definitions apply:
Consumer – a natural person performing a legal act with Tovoda that is not directly related to their business or professional activity;
Account – the User's individual profile on the Platform;
Platform – the Tovoda mobile application, website and shop available at www.tovoda.pl, and the Tovoda system available at system.tovoda.pl;
Privacy Policy – the Tovoda Privacy Policy, available at www.tovoda.pl/privacy-policy;
Entrepreneur with Consumer rights – a Customer who is a natural person entering into a sales agreement directly related to their business activity, where it is clear from the content of that agreement that it does not have a professional character for that entrepreneur — resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Representative – a natural person duly authorized to act on behalf of the User, within the scope of activities undertaken via the Platform, including registration, provision of the User's personal data, and submission on their behalf of declarations of will required by law or the Terms of Use. Only a person holding an appropriate authorization, power of attorney, or other legal basis to represent the User may act as a Representative;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Tovoda – Tovoda sp. z o.o. with its registered office in Habdzin (05-520) at Habdzin 73A, NIP: 1231582623, REGON: 54200484000000, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0001178886;
U.p.k. – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
U.ś.u.d.e. – the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended).
Agreement – an agreement concluded between the User and Tovoda;
Service – all functionalities of the Platform provided by Tovoda to Users;
User – any entity using the Services within the Platform;
Terms of Use – this document;
Complainant – the entity submitting a complaint.
§ 2. Terms of use of the Platform
Use of the Platform is possible provided that the User has:
an Internet connection,
appropriate devices enabling the use of the Internet,
an active email account,
a web browser enabling use of the Platform, including support for encrypted SSL connections, with JavaScript and Cookies support enabled.
a current version of the Google Chrome, Microsoft Edge, FireFox, or Opera web browser, no older than the last 2 versions relative to the current one.
Use of the Platform takes place using an ICT system that ensures the processing and storage, as well as the sending and receiving, of data via telecommunications networks, in accordance with the provisions of the u.ś.u.d.e.
Tovoda has the right to place advertising content on the Platform.
It is prohibited to use the Platform in a manner contrary to its intended purpose, applicable law, good practices, or the provisions of these Terms of Use, in particular:
attempting to circumvent the Platform's security measures,
interfering with the operation of the Platform or its technical elements,
transmitting unlawful content via the Platform,
using another User's account without their knowledge and consent,
violating applicable laws or the provisions of these Terms of Use,
using the Services in a manner contrary or inappropriate to their intended purpose,
violating the privacy of other Users or of Tovoda,
disrupting the provision of the Services, or taking actions that may result in such disruption,
infringing Tovoda's intellectual property rights,
taking any action to the detriment of Tovoda, automatically retrieving information from the Platform, e.g. using scripts,
impersonating another person.
Tovoda reserves the right to monitor the use of the Platform to the extent necessary to ensure its security and proper operation.
§ 3. Registration and use of the Platform
Use of the Platform may require prior registration. Depending on the element of the Platform, registration may take place:
by creating a User Account on the Platform, or
by filling in a form once without creating an Account.
In order to register, the User is obliged to provide the necessary data, in particular: first name, last name, email address, or other data indicated as required. Refusal to provide the data may prevent registration or use of the Platform.
Some elements of the Platform provide for the possibility of a User being registered by a Representative, in particular in the case of bulk registration for collective entities, e.g. institutions, companies, or research teams. The Representative enters Users' data into the Platform and thereby acts on their behalf, obliging them to comply with these Terms of Use and the Privacy Policy.
The User, regardless of the form of registration, is obliged to read these Terms of Use before commencing use of the Platform. In the case of registration by a Representative, the obligation to read the Terms and Conditions also rests on the Representative.
§ 4. Tovoda Shop
All prices presented in the Tovoda shop on the Platform are given in Polish zloty (PLN) and include VAT – they are gross prices.
The product prices shown on the website do not include delivery costs, which are stated separately at the stage of placing the order.
Additional costs, in particular the delivery cost, are displayed to the User in the order summary before its final confirmation.
Information about products and their prices published on the Platform's website does not constitute an offer within the meaning of the Civil Code, but merely an invitation for the Customer to make an offer.
In the case of price reductions, the crossed-out price indicates the lowest price of the given product in force during the 30 days preceding the introduction of the reduction (where applicable).
The prices presented in the Tovoda online shop may differ from the prices applied in offline sales (if any).
The following payment methods are available in the Tovoda shop:
BLIK,
Payment cards: Visa, Mastercard,
Fast online transfer (electronic payment) – handled by the payment operator cooperating with the Tovoda shop.
All electronic payments are made using an encrypted connection and the security measures required by the payment operator (including 3D Secure).
The entity providing payments in the Tovoda shop is SF-LABS sp. z o.o. with its registered office in Kraków (30-443) at ul. Józefa Marcika 6, NIP: 6793213075, REGON: 388297924, KRS: 0000886671, which provides the payment system and the software used to carry out transactions.
Orders are delivered only within Poland.
Delivery is carried out via:
InPost Parcel Lockers 24/7,
InPost Courier.
The delivery cost is displayed in the order summary before the order is placed.
§ 5. User obligations
The User is obliged to provide only data that is true, current, and complete. In the event of a change in the data provided, the User should promptly update it or inform Tovoda of the change.
The User undertakes to comply with the Terms of Use and the Privacy Policy, as well as with general norms of social coexistence and good practices.
The User undertakes to use the Platform in a manner consistent with applicable law, in particular to refrain from any actions:
enabling the Account to be used by other persons,
infringing the rights of third parties, including personal rights and copyrights,
consisting in transmitting, publishing, or sharing content that is unlawful, offensive, discriminatory, or that incites hatred, violence, or harassment, in particular of a racist, sexist, or homophobic nature, or otherwise contrary to the purpose of the Platform and good practices,
leading to unauthorized interference with the structure of the Platform, attempts to gain access to other people's accounts, data, or the Platform's technical resources,
aimed at using the Platform for purposes inconsistent with its intended use, including conducting commercial, advertising, or promotional activities without Tovoda's prior consent.
In the event of a gross violation of the provisions of the Terms of Use or of the law, Tovoda has the right to restrict the User's access to the Platform.
§ 6. Payments and invoices
Use of the Platform may involve an obligation to pay a registration fee or other payment. Information about the amount of fees and the available payment methods is provided to Users within the form or the Platform's documentation.
Payments may be made via payment links provided to the User by email or directly on the Platform.
Regardless of the payment model, the issuer of the invoice or other document confirming payment is Tovoda.
§ 7. Withdrawal from and termination of the Agreement
If the User enters into an agreement with Tovoda as a Consumer or an Entrepreneur with Consumer rights, they have the right to withdraw from a distance contract within 14 days, in accordance with the u.p.k.
The right to withdraw from the Agreement may be excluded in the cases provided for in the u.p.k., in particular when:
The Service has been fully performed with the express consent of the User, who was informed before the performance began that, upon its completion, they would lose the right to withdraw from the agreement.
If the right to withdraw from the agreement is exercised, the User bears the direct costs of returning the goods (return shipping costs). Tovoda does not refund the cost of return shipping.
The Agreement is concluded for an indefinite period.
The User may terminate the Agreement concluded with Tovoda for maintaining an Account within the Platform at any time and without giving reasons, whereas Tovoda may terminate this Agreement with the User only where important reasons justify it.
Important reasons, as referred to in paragraph 4, are considered to be, in particular, situations in which the User:
uses the Platform in a manner contrary to the Agreement, the Terms of Use, generally applicable laws, the principles of social coexistence, or good practices,
provided false data during registration or at any stage during the term of the Agreement,
a gross violation of the provisions of the Terms of Use/Agreement,
acts to the detriment of Tovoda.
Termination should be submitted by sending a statement of termination to the email address biuro@tovoda.pl or via the Account.
Tovoda may refuse to provide the Services and delete the Account if it was created again after Tovoda had previously terminated the Agreement or after the Account had been deleted from the Platform as a result of the User's violation of the law or the provisions of the Terms of Use/Agreement.
Tovoda reserves the possibility of ceasing its operations or transferring the rights to the Platform to another entity at any time, for any reason and without giving a reason. The User's consent is not required in this respect.
In the event that Tovoda ceases its operations, the Agreement is terminated.
§ 8. Protection of personal data
The controller of Users' personal data is in each case Tovoda, which independently determines the purposes and means of processing the personal data necessary to carry out registration, service, and communication with the User.
The User acknowledges that Tovoda may also act as the controller of personal data with respect to technical data, system logs, and persons using the forms and technical support.
Detailed information on the rules of data processing, Users' rights, and the use of cookies can be found in the Privacy Policy available at www.tovoda.pl/privacy-policy.
§ 9. Rules for using the Platform
A User who has created an Account on the Platform is obliged to keep the login credentials confidential, in particular the email address, login, password, and access codes. Storing this data in a manner that prevents access by third parties is part of the duty of due diligence incumbent on the User, and Tovoda's liability is excluded in this respect.
It is prohibited to share the Account with other persons, including family members, colleagues, or Representatives. The User's Account is individual in nature and may be used solely by the entity for which it was registered.
The User bears full responsibility for actions taken via their Account, including unauthorized actions by third parties who gained access to the Account as a result of a failure to maintain confidentiality or insufficient device security.
The User may deactivate the Account themselves or submit a request for its deletion by sending the relevant information to Tovoda's email address: biuro@tovoda.pl.
Tovoda reserves the right to temporarily suspend or permanently block a User's Account in the event of a gross violation of the provisions of these Terms of Use, applicable law, or the principles of social coexistence.
§ 10. Liability and exclusions
Tovoda exercises due diligence to ensure that the Platform operates continuously and without disruption; however, it does not guarantee the uninterrupted availability of all the Platform's functionalities or its complete freedom from errors. The User acknowledges that temporary interruptions in the operation of the Platform may occur in connection with maintenance, updates, or events beyond Tovoda's control.
Tovoda is not liable for damage resulting from:
loss of data or temporary unavailability of the Platform caused by force majeure, failure of external infrastructure (e.g. the telecommunications network, servers), the actions of third parties, or circumstances beyond Tovoda's control,
delays, errors, or deficiencies resulting from the User's incorrect configuration of the Platform's elements,
content made available on the Platform by other Users,
unauthorized access to the Account, if it occurred through the User's fault (e.g. by disclosing login credentials or improperly securing the device),
loss of data or its unauthorized disclosure, if this resulted from the User's actions and not from Tovoda's fault,
any acts or omissions of the User.
Tovoda is not liable for any actions, omissions, or content introduced by Users in the course of using the Platform, in particular for:
information provided by Users in forms or on the Platform,
violations of the law or of third-party rights committed by other Users.
For security reasons or the need to carry out technical work, updates, or modernization of the Platform, Tovoda has the right to temporarily suspend access to the Platform for the period necessary to remove any threats or malfunctions that have arisen. In view of the above, Tovoda does not guarantee the constant availability of the Services. Where possible, Tovoda undertakes to inform Users, with appropriate advance notice, of planned interruptions or disruptions in the operation of the Platform and the provision of the Services that may cause outages.
Tovoda may make available on the Platform links to third-party websites. By using such links, you leave the Platform. Tovoda bears no liability whatsoever for the content of third-party websites, the software and materials available there, and is not responsible for the consequences of their use. By using third-party websites linked to the Platform, you do so at your own risk.
To the fullest extent permitted by applicable law, Tovoda excludes its liability for any indirect or consequential damages, lost profits, or non-pecuniary damage incurred by the User in connection with the use of the Platform.
§ 11. Complaints and contact
The User has the right to submit a complaint concerning the operation of the Platform, in particular technical problems related to registration, logging in, access to the Account, or use of the Platform's functions.
Complaints concerning paid services, purchases made via the Platform, or the non-performance or improper performance of a service should be directed directly to Tovoda by email to: biuro@tovoda.pl or via the contact form available on the Platform's website.
If the complaint concerns a service or purchase made by a Consumer or an Entrepreneur with Consumer rights, the complaint is examined in accordance with the provisions of the Consumer Rights Act.
A complaint should contain:
the User's first and last name or name,
contact details,
a description of the reported problem,
in the case of a complaint concerning a payment – confirmation of the transaction or other documents necessary for its verification.
Tovoda will make every effort to respond to a complaint within 14 days of receiving it. In complex cases, this deadline may be extended, but by no more than 60 days. The User will be informed of the extension of the deadline.
If the report requires the provision of additional information, Tovoda may ask the User to supplement it. The deadline for examining the complaint runs from the day on which all the necessary data is provided.
In the case of complaints concerning transactions that may give rise to a reasonable suspicion of a violation of the law, Tovoda may require the complaint to be submitted in writing and the provision of documents confirming that the suspicion of a crime has been reported to the appropriate law enforcement authorities.
If a complaint is submitted by a proxy, the appropriate power of attorney must be attached.
If the Complainant does not agree with the outcome of the complaint, they may:
if the Complainant is a natural person:
using the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/, indicating the following Tovoda address as the first point of contact: biuro@tovoda.pl,
if the Complainant has consumer status:
seek legal assistance from the Municipal or District Consumer Ombudsmen,
bring an action against Tovoda before the common court of general jurisdiction.
§ 12. Changes to the Terms of Use
Tovoda reserves the right to change these Terms of Use for important reasons, in particular in the event of:
changes in applicable laws affecting the rights and obligations of Users or Tovoda,
extending, changing, or limiting the functionality of the Platform,
the need to standardize, clarify, or improve the content of the Terms of Use,
the introduction of new services or functions within the Platform,
improving the security or organization of the Platform's operation,
changes in pricing policy, including the introduction or modification of the amount of fees.
Tovoda informs Users of any material change to the Terms of Use:
with at least 14 days' advance notice,
via a message displayed on the Platform,
and – in the case of Users who have an Account – additionally by email sent to the address assigned to the Account.
The new version of the Terms of Use will be published on the Platform's website and will indicate its effective date.
At the User's request, Tovoda will also make available archived versions of the Terms of Use.
Continued use of the Platform after the changes to the Terms of Use take effect is tantamount to accepting them.
The User has the right, until the day the changes take effect, to:
terminate the Agreement with Tovoda with immediate effect, without incurring additional charges,
object to the changes – which results in termination of the Agreement on the day preceding the entry into force of the new version of the Terms of Use, also without additional costs.
§ 13. Final provisions
These Terms of Use are governed by Polish law, excluding conflict-of-law rules.
The Parties to the Agreement undertake to seek an amicable resolution of any disputes arising from these Terms of Use or the Agreement concluded on their basis, in particular through direct negotiations.
If it is not possible to resolve the dispute amicably, the court competent to hear it will be the common court having local jurisdiction over Tovoda's registered office, unless mandatory provisions of law provide otherwise.
The Terms of Use enter into force on the date of their publication on the Platform and apply to all registrations and User actions taken after that date.
Tovoda sp. z o.o.
Habdzin 73A, 05-520 Habdzin, Polska
Registered in the National Court Register maintained by the District Court for the Capital City of Warsaw, 14th Commercial Division, under KRS number 0001178886.
