TERMS AND CONDITIONS OF ONLINE SHOP
- GENERAL PROVISIONS
- Gepa.pl online shop, operating at: https://gepa.pl/, is operated by GEPA Grzegorz Gwiździł, with registered office at: ul. Stanisława Chudoby 95L, 03-287 Warsaw, operating under NIP: 6462061146, REGON: 277595197.
- These Online Shop Regulations define the principles of making purchases at the Gepa.pl online shop and in particular the principles and procedure of concluding remote sales agreements via the Shop and the procedure of withdrawing from the agreement by the Consumer.
- With regard to Services provided by electronic means, these Regulations are the Regulations referred to in Article 9 of the Act on Provision of Electronic Services of 18 July 2002. (i.e. Journal of Laws of 2020, item 344, as amended).
- The Regulations are addressed to all Customers of the Store. All Customers are obliged to become familiar with the provisions of the Rules and Regulations before making a purchase.
- Each Customer is obliged to comply with the provisions of the Terms and Conditions. The sale takes place on the basis of the version of the Regulations in force at the time of the order.
- Each Customer has the opportunity to read the Terms and Conditions at any time by clicking on the hyperlink "Terms and Conditions" on the website of the Store https://gepa.pl/. The Regulations can be downloaded and printed at any time.
- All information contained on the website of the Store https://gepa.pl/ referring to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964. (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code of 23 April 1964. (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to purchase the indicated Service for the price and under the conditions specified in the description.
Regulations - this set of regulations organising the principles of using Store Services by Customers.
Consumer (contracts concluded before 1 January 2021) - a natural person making a civil law contract through the Store, not directly related to his/her business or professional activity.
Consumer (contracts entered into from 1 January 2021 onwards) - the following persons are deemed to be Consumers:
a natural person concluding a civil law contract via the Shop that is not directly connected with his/her economic or professional activity - the so-called "Consumer stricto sensu".
a natural person concluding a civil law contract through the Store, directly related to his or her business, if the content of the contract indicates that it is not of a professional nature for that person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity - the so-called "Entrepreneur on the rights of the Consumer".
For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer both to Consumers sensu stricto and Entrepreneurs on the rights of Consumers.
Customer - a natural person (including Consumers), who is at least 13 years old (provided that he or she has obtained the consent of the statutory representative), a legal person and an organisational unit that is not a legal person and to which special laws grant legal capacity, who uses Services provided by the Shop.
Order Form - a service available on the Store's website by means of which the Customer may make a purchase, in particular by adding Services to a Basket and specifying certain terms and conditions of the Sales Agreement, including delivery and payment methods.
Basket - an element of the Store where the Services selected by the Customer are visible and where the Customer can establish and modify the Order data, including the number of Products purchased.
Shop - the website belonging to the Seller, available at the domain: https://gepa.pl/, through which the Customer can purchase Services from the Seller.
The Seller - GEPA Grzegorz Gwiździł with the registered office at ul. Stanisława Chudoby 95L, 03-287 Warszawa, Tax Identification Number (NIP): 6462061146, Business Identification Number (REGON): 277595197 who, in the course of his professional or business activity, offers sales via his website.
Service - business activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transmission of data at the individual request of the Customer, sent and received using equipment for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or broadcast via a telecommunications network within the meaning of the Act of 16 July 2004. - Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended).
Sales Agreement - an agreement for the sale of Services at a distance concluded by the Customer through the Shop, usually by means of the Order Form.
- RECEIVING AND PROCESSING ORDERS
- To use the Shop it is necessary to read and accept these Terms and Conditions. By placing an order the Customer accepts the Terms and Conditions.
- Orders from Customers are accepted by sending an Order Form, made via the website: https://gepa.pl/ or by e-mail to [email protected], 7 days a week, 24 hours a day.
- The Services are ordered by selecting the Services in which the Customer is interested, clicking on the "ADD TO CART" button next to the product description, and then, from the "CART" section of the Store, filling out the Order Form and then clicking on the confirmation of order dispatch.
- Entrepreneurs, deemed to be so-called Entrepreneurs with consumer rights (see the definition of "Consumer" in these Regulations), entering into contracts after 1 January 2021, will have to indicate, already at the time of ordering the Services, that the purchase is not of a professional nature for them.
- After placing an order, the Customer receives a confirmation of the order to his/her e-mail address specified in the Order Form.
- After the Customer receives confirmation of the acceptance of the offer, the process of the Seller's order processing begins, whereby:
a. in case of an order paid on delivery - it starts maximum on the next working day after its confirmation by the Seller.
b. in the case of an order paid by traditional bank transfer - it begins after the payment for the order is credited to the Store's bank account.
- Orders placed in the Shop are processed from Monday to Friday during business hours.
- The Customer will receive a message about accepting the order for execution, which is understood as the Seller's statement of accepting the offer. At the moment of its receipt by the Customer, the Sales Agreement is concluded.
- A VAT invoice is issued for each order. A VAT receipt will also be issued on request.
- The available means of communication between the Customer and the Store are:
a. E-mail - [email protected]
b. Telephone - +48 22 881 34 45
- The price stated in the order is a partial value that the customer is obliged to pay (net price). It does not include the tax due. In the case of an export product, the price is not increased by VAT only if the customer provides a European VAT number.
- Seller reserves the right to change prices in the Store, introduce new Services for sale, conduct and cancel promotional campaigns, or make changes thereto, in accordance with applicable law.
- If the Consumer is required to pay more than the agreed price described in the previous paragraph, the Shop shall immediately inform the Consumer of this fact, explaining the reason for the price difference. Charging the Consumer with additional costs shall be made only after obtaining the Consumer's express consent.
- EXECUTION OF PAYMENTS
- The following payment methods are possible within the operation of the Shop:
- Traditional transfer without participation of the gepa.pl website itself
- The above provisions do not exclude the possibility of the Seller to grant a guarantee for the purchased Services, which is provided for in separate guarantee regulations.
- RIGHT OF WITHDRAWAL
- In accordance with the Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of the Services purchased from the Shop, without giving any reason, by making an appropriate statement in writing, within fourteen (14) days, counting from the date of receipt of the Services. In order to meet this deadline it is sufficient for the Consumer to send the declaration before its expiry.
- A consumer may withdraw from a contract by making a statement of withdrawal to the Seller. Specimen declaration constitutes attachment No. 1 to these Regulations.
- The declaration of withdrawal shall be sent to the following address ul. Armii Krajowej, nr 57, lok. 4, Szczecinek.
- The Seller shall, within fourteen (14) days from the date of receipt of the communication of withdrawal, reimburse to the Consumer all payments made by him
- The Seller shall refund the payment using the same means of payment used by the Consumer.
- The Consumer shall not be entitled to withdraw from the Sales Agreement with regard to the contract:
where the object of the supply is a non-refabricated item produced to the Consumer's specification or intended to meet the Consumer's individual needs;
where the object of the supply is a perishable item or an item with a short shelf life;
in which the subject matter of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
in which the subject-matter of the supply is a thing which, after delivery, is inseparable from other things by reason of its nature;
where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging was opened after delivery;
for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;
for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
- No person other than a Consumer, as defined for the purposes of these Terms and Conditions (see definition of "Consumer"), shall have the right to withdraw from a distance contract.
- OUT-OF-COURT DISPUTE RESOLUTION
- In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, among other things:
Mediation is conducted by the territorially competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, proceedings are free of charge. The list of Inspectorates can be found at https://www.uokik.gov.pl/wazne_adresy.php#faq595.
The assistance of the relevant permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Free assistance from the municipal or district consumer ombudsman.
ODR's online platform available at: http://ec.europa.eu/consumers/odr/.
- This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Terms and Conditions as Consumers, the so-called "Entrepreneurs with consumer rights", which came into force for contracts concluded as of 1 January 2021. In view of this, for all contracts, this chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.
- PROTECTION OF PERSONAL DATA
- By placing an order, the Customer agrees to the processing of the personal data provided by him, for the purpose of processing and handling the order, by the Seller, who is also the personal data controller, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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), OJ L 119, 4.5.2016, p. 1-88.
- The Seller is the administrator of personal data provided by the Customer while using the Shop.
- Personal data included in the Seller's database are not transferred to entities that do not participate in the performance of the Sales Agreement.
- The Customer, in accordance with Article 15 of the 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), OJ L 119, 4.5.2016, p. 1-88, has the right to access his personal data, and may request its correction or deletion. The Vendor provides each Customer with the right to control the personal data processed.
- Providing personal data is voluntary, however, lack of consent to process personal data makes it impossible to complete the customer's order.
- FINAL PROVISIONS
- The Regulations define the principles of concluding and performing a Sales Agreement for the Services offered on the Store's website.
- The sales contract is concluded between the Customer and the Seller.
- The Regulations are available to all Customers in electronic version on the Shop's website https://gepa.pl/.
- In order to use the Shop's Services, it is necessary to have equipment enabling Internet access and a web browser capable of displaying websites, as well as to provide an e-mail address for the purpose of sending information concerning order completion.
- It is forbidden for anyone, including customers, to post illegal content on the Store's website.
- In matters not covered by these Regulations the relevant provisions of commonly applicable law shall apply.
- The Regulations do not exclude or limit any rights of the Customer, being a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, these provisions shall prevail.